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| | HB3150 Engrossed | | LRB103 28611 RLC 54992 b |
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1 | | AN ACT concerning criminal law.
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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 3. The Statute on Statutes is amended by adding |
5 | | Section 1.45 as follows: |
6 | | (5 ILCS 70/1.45 new) |
7 | | Sec. 1.45. Prostitution, juvenile prostitution, |
8 | | prostitute, juvenile prostitute; prior prosecutions. If any |
9 | | person before the effective date of this amendatory Act of the |
10 | | 103rd General Assembly has been arrested, charged, prosecuted, |
11 | | convicted, or sentenced for prostitution, juvenile |
12 | | prostitution, or patronizing a minor engaged in prostitution |
13 | | or has been referred to in any law enforcement record, court |
14 | | record, or penal institution record as a prostitute or |
15 | | juvenile prostitute, the changes of the names of the offenses |
16 | | and the defendants to commercial sexual activity, commercial |
17 | | sexual exploitation of a child, provider of commercial sexual |
18 | | activity, or sexually exploited child do not affect any |
19 | | arrest, prosecution, conviction, sentence, or penal |
20 | | institution record for persons and offenses known as |
21 | | prostitution, juvenile prostitution, patronizing a prostitute, |
22 | | patronizing a juvenile prostitute, or patronizing a minor |
23 | | engaged in prostitution or who has been referred to in any law |
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1 | | enforcement record, court record, or penal institution record |
2 | | as a prostitute or juvenile prostitute before the effective |
3 | | date of this amendatory Act of the 103rd General Assembly and |
4 | | any arrest, conviction, sentence, and action taken for or |
5 | | against a person incarcerated, on supervision, probation, |
6 | | conditional discharge, or mandatory supervised release under |
7 | | the former named offenses and persons shall remain valid. |
8 | | Section 5. The Criminal Identification Act is amended by |
9 | | changing Section 5.2 as follows:
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10 | | (20 ILCS 2630/5.2)
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11 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
12 | | (a) General Provisions. |
13 | | (1) Definitions. In this Act, words and phrases have
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14 | | the meanings set forth in this subsection, except when a
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15 | | particular context clearly requires a different meaning. |
16 | | (A) The following terms shall have the meanings |
17 | | ascribed to them in the following Sections of the |
18 | | Unified Code of Corrections: |
19 | | Business Offense, Section 5-1-2. |
20 | | Charge, Section 5-1-3. |
21 | | Court, Section 5-1-6. |
22 | | Defendant, Section 5-1-7. |
23 | | Felony, Section 5-1-9. |
24 | | Imprisonment, Section 5-1-10. |
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1 | | Judgment, Section 5-1-12. |
2 | | Misdemeanor, Section 5-1-14. |
3 | | Offense, Section 5-1-15. |
4 | | Parole, Section 5-1-16. |
5 | | Petty Offense, Section 5-1-17. |
6 | | Probation, Section 5-1-18. |
7 | | Sentence, Section 5-1-19. |
8 | | Supervision, Section 5-1-21. |
9 | | Victim, Section 5-1-22. |
10 | | (B) As used in this Section, "charge not initiated |
11 | | by arrest" means a charge (as defined by Section 5-1-3 |
12 | | of the Unified Code of Corrections) brought against a |
13 | | defendant where the defendant is not arrested prior to |
14 | | or as a direct result of the charge. |
15 | | (C) "Conviction" means a judgment of conviction or |
16 | | sentence entered upon a plea of guilty or upon a |
17 | | verdict or finding of guilty of an offense, rendered |
18 | | by a legally constituted jury or by a court of |
19 | | competent jurisdiction authorized to try the case |
20 | | without a jury. An order of supervision successfully |
21 | | completed by the petitioner is not a conviction. An |
22 | | order of qualified probation (as defined in subsection |
23 | | (a)(1)(J)) successfully completed by the petitioner is |
24 | | not a conviction. An order of supervision or an order |
25 | | of qualified probation that is terminated |
26 | | unsatisfactorily is a conviction, unless the |
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1 | | unsatisfactory termination is reversed, vacated, or |
2 | | modified and the judgment of conviction, if any, is |
3 | | reversed or vacated. |
4 | | (D) "Criminal offense" means a petty offense, |
5 | | business offense, misdemeanor, felony, or municipal |
6 | | ordinance violation (as defined in subsection |
7 | | (a)(1)(H)). As used in this Section, a minor traffic |
8 | | offense (as defined in subsection (a)(1)(G)) shall not |
9 | | be considered a criminal offense. |
10 | | (E) "Expunge" means to physically destroy the |
11 | | records or return them to the petitioner and to |
12 | | obliterate the petitioner's name from any official |
13 | | index or public record, or both. Nothing in this Act |
14 | | shall require the physical destruction of the circuit |
15 | | court file, but such records relating to arrests or |
16 | | charges, or both, ordered expunged shall be impounded |
17 | | as required by subsections (d)(9)(A)(ii) and |
18 | | (d)(9)(B)(ii). |
19 | | (F) As used in this Section, "last sentence" means |
20 | | the sentence, order of supervision, or order of |
21 | | qualified probation (as defined by subsection |
22 | | (a)(1)(J)), for a criminal offense (as defined by |
23 | | subsection (a)(1)(D)) that terminates last in time in |
24 | | any jurisdiction, regardless of whether the petitioner |
25 | | has included the criminal offense for which the |
26 | | sentence or order of supervision or qualified |
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1 | | probation was imposed in his or her petition. If |
2 | | multiple sentences, orders of supervision, or orders |
3 | | of qualified probation terminate on the same day and |
4 | | are last in time, they shall be collectively |
5 | | considered the "last sentence" regardless of whether |
6 | | they were ordered to run concurrently. |
7 | | (G) "Minor traffic offense" means a petty offense, |
8 | | business offense, or Class C misdemeanor under the |
9 | | Illinois Vehicle Code or a similar provision of a |
10 | | municipal or local ordinance. |
11 | | (G-5) "Minor Cannabis Offense" means a violation |
12 | | of Section 4 or 5 of the Cannabis Control Act |
13 | | concerning not more than 30 grams of any substance |
14 | | containing cannabis, provided the violation did not |
15 | | include a penalty enhancement under Section 7 of the |
16 | | Cannabis Control Act and is not associated with an |
17 | | arrest, conviction or other disposition for a violent |
18 | | crime as defined in subsection (c) of Section 3 of the |
19 | | Rights of Crime Victims and Witnesses Act. |
20 | | (H) "Municipal ordinance violation" means an |
21 | | offense defined by a municipal or local ordinance that |
22 | | is criminal in nature and with which the petitioner |
23 | | was charged or for which the petitioner was arrested |
24 | | and released without charging. |
25 | | (I) "Petitioner" means an adult or a minor |
26 | | prosecuted as an
adult who has applied for relief |
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1 | | under this Section. |
2 | | (J) "Qualified probation" means an order of |
3 | | probation under Section 10 of the Cannabis Control |
4 | | Act, Section 410 of the Illinois Controlled Substances |
5 | | Act, Section 70 of the Methamphetamine Control and |
6 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
7 | | of the Unified Code of Corrections, Section |
8 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
9 | | those provisions existed before their deletion by |
10 | | Public Act 89-313), Section 10-102 of the Illinois |
11 | | Alcoholism and Other Drug Dependency Act, Section |
12 | | 40-10 of the Substance Use Disorder Act, or Section 10 |
13 | | of the Steroid Control Act. For the purpose of this |
14 | | Section, "successful completion" of an order of |
15 | | qualified probation under Section 10-102 of the |
16 | | Illinois Alcoholism and Other Drug Dependency Act and |
17 | | Section 40-10 of the Substance Use Disorder Act means |
18 | | that the probation was terminated satisfactorily and |
19 | | the judgment of conviction was vacated. |
20 | | (K) "Seal" means to physically and electronically |
21 | | maintain the records, unless the records would |
22 | | otherwise be destroyed due to age, but to make the |
23 | | records unavailable without a court order, subject to |
24 | | the exceptions in Sections 12 and 13 of this Act. The |
25 | | petitioner's name shall also be obliterated from the |
26 | | official index required to be kept by the circuit |
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1 | | court clerk under Section 16 of the Clerks of Courts |
2 | | Act, but any index issued by the circuit court clerk |
3 | | before the entry of the order to seal shall not be |
4 | | affected. |
5 | | (L) "Sexual offense committed against a minor" |
6 | | includes, but is
not limited to, the offenses of |
7 | | indecent solicitation of a child
or criminal sexual |
8 | | abuse when the victim of such offense is
under 18 years |
9 | | of age. |
10 | | (M) "Terminate" as it relates to a sentence or |
11 | | order of supervision or qualified probation includes |
12 | | either satisfactory or unsatisfactory termination of |
13 | | the sentence, unless otherwise specified in this |
14 | | Section. A sentence is terminated notwithstanding any |
15 | | outstanding financial legal obligation. |
16 | | (2) Minor Traffic Offenses.
Orders of supervision or |
17 | | convictions for minor traffic offenses shall not affect a |
18 | | petitioner's eligibility to expunge or seal records |
19 | | pursuant to this Section. |
20 | | (2.5) Commencing 180 days after July 29, 2016 (the |
21 | | effective date of Public Act 99-697), the law enforcement |
22 | | agency issuing the citation shall automatically expunge, |
23 | | on or before January 1 and July 1 of each year, the law |
24 | | enforcement records of a person found to have committed a |
25 | | civil law violation of subsection (a) of Section 4 of the |
26 | | Cannabis Control Act or subsection (c) of Section 3.5 of |
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1 | | the Drug Paraphernalia Control Act in the law enforcement |
2 | | agency's possession or control and which contains the |
3 | | final satisfactory disposition which pertain to the person |
4 | | issued a citation for that offense.
The law enforcement |
5 | | agency shall provide by rule the process for access, |
6 | | review, and to confirm the automatic expungement by the |
7 | | law enforcement agency issuing the citation.
Commencing |
8 | | 180 days after July 29, 2016 (the effective date of Public |
9 | | Act 99-697), the clerk of the circuit court shall expunge, |
10 | | upon order of the court, or in the absence of a court order |
11 | | on or before January 1 and July 1 of each year, the court |
12 | | records of a person found in the circuit court to have |
13 | | committed a civil law violation of subsection (a) of |
14 | | Section 4 of the Cannabis Control Act or subsection (c) of |
15 | | Section 3.5 of the Drug Paraphernalia Control Act in the |
16 | | clerk's possession or control and which contains the final |
17 | | satisfactory disposition which pertain to the person |
18 | | issued a citation for any of those offenses. |
19 | | (3) Exclusions. Except as otherwise provided in |
20 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
21 | | of this Section, the court shall not order: |
22 | | (A) the sealing or expungement of the records of |
23 | | arrests or charges not initiated by arrest that result |
24 | | in an order of supervision for or conviction of:
(i) |
25 | | any sexual offense committed against a
minor; (ii) |
26 | | Section 11-501 of the Illinois Vehicle Code or a |
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1 | | similar provision of a local ordinance; or (iii) |
2 | | Section 11-503 of the Illinois Vehicle Code or a |
3 | | similar provision of a local ordinance, unless the |
4 | | arrest or charge is for a misdemeanor violation of |
5 | | subsection (a) of Section 11-503 or a similar |
6 | | provision of a local ordinance, that occurred prior to |
7 | | the offender reaching the age of 25 years and the |
8 | | offender has no other conviction for violating Section |
9 | | 11-501 or 11-503 of the Illinois Vehicle Code or a |
10 | | similar provision of a local ordinance. |
11 | | (B) the sealing or expungement of records of minor |
12 | | traffic offenses (as defined in subsection (a)(1)(G)), |
13 | | unless the petitioner was arrested and released |
14 | | without charging. |
15 | | (C) the sealing of the records of arrests or |
16 | | charges not initiated by arrest which result in an |
17 | | order of supervision or a conviction for the following |
18 | | offenses: |
19 | | (i) offenses included in Article 11 of the |
20 | | Criminal Code of 1961 or the Criminal Code of 2012 |
21 | | or a similar provision of a local ordinance, |
22 | | except Section 11-14 and a misdemeanor violation |
23 | | of Section 11-30 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012, or a similar provision |
25 | | of a local ordinance; |
26 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
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1 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
2 | | Criminal Code of 2012, or a similar provision of a |
3 | | local ordinance; |
4 | | (iii) Section Sections 12-3.1 or 12-3.2 of the |
5 | | Criminal Code of 1961 or the Criminal Code of |
6 | | 2012, or Section 125 of the Stalking No Contact |
7 | | Order Act, or Section 219 of the Civil No Contact |
8 | | Order Act, or a similar provision of a local |
9 | | ordinance; |
10 | | (iv) Class A misdemeanors or felony offenses |
11 | | under the Humane Care for Animals Act; or |
12 | | (v) any offense or attempted offense that |
13 | | would subject a person to registration under the |
14 | | Sex Offender Registration Act. |
15 | | (D) (blank). |
16 | | (b) Expungement. |
17 | | (1) A petitioner may petition the circuit court to |
18 | | expunge the
records of his or her arrests and charges not |
19 | | initiated by arrest when each arrest or charge not |
20 | | initiated by arrest
sought to be expunged resulted in:
(i) |
21 | | acquittal, dismissal, or the petitioner's release without |
22 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a |
23 | | conviction which was vacated or reversed, unless excluded |
24 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
25 | | such supervision was successfully completed by the |
26 | | petitioner, unless excluded by subsection (a)(3)(A) or |
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1 | | (a)(3)(B); or
(iv) an order of qualified probation (as |
2 | | defined in subsection (a)(1)(J)) and such probation was |
3 | | successfully completed by the petitioner. |
4 | | (1.5) When a petitioner seeks to have a record of |
5 | | arrest expunged under this Section, and the offender has |
6 | | been convicted of a criminal offense, the State's Attorney |
7 | | may object to the expungement on the grounds that the |
8 | | records contain specific relevant information aside from |
9 | | the mere fact of the arrest. |
10 | | (2) Time frame for filing a petition to expunge. |
11 | | (A) When the arrest or charge not initiated by |
12 | | arrest sought to be expunged resulted in an acquittal, |
13 | | dismissal, the petitioner's release without charging, |
14 | | or the reversal or vacation of a conviction, there is |
15 | | no waiting period to petition for the expungement of |
16 | | such records. |
17 | | (B) When the arrest or charge not initiated by |
18 | | arrest
sought to be expunged resulted in an order of |
19 | | supervision, successfully
completed by the petitioner, |
20 | | the following time frames will apply: |
21 | | (i) Those arrests or charges that resulted in |
22 | | orders of
supervision under Section 3-707, 3-708, |
23 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or |
24 | | a similar provision of a local ordinance, or under |
25 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
26 | | Code of 1961 or the Criminal Code of 2012, or a |
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1 | | similar provision of a local ordinance, shall not |
2 | | be eligible for expungement until 5 years have |
3 | | passed following the satisfactory termination of |
4 | | the supervision. |
5 | | (i-5) Those arrests or charges that resulted |
6 | | in orders of supervision for a misdemeanor |
7 | | violation of subsection (a) of Section 11-503 of |
8 | | the Illinois Vehicle Code or a similar provision |
9 | | of a local ordinance, that occurred prior to the |
10 | | offender reaching the age of 25 years and the |
11 | | offender has no other conviction for violating |
12 | | Section 11-501 or 11-503 of the Illinois Vehicle |
13 | | Code or a similar provision of a local ordinance |
14 | | shall not be eligible for expungement until the |
15 | | petitioner has reached the age of 25 years. |
16 | | (ii) Those arrests or charges that resulted in |
17 | | orders
of supervision for any other offenses shall |
18 | | not be
eligible for expungement until 2 years have |
19 | | passed
following the satisfactory termination of |
20 | | the supervision. |
21 | | (C) When the arrest or charge not initiated by |
22 | | arrest sought to
be expunged resulted in an order of |
23 | | qualified probation, successfully
completed by the |
24 | | petitioner, such records shall not be eligible for
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25 | | expungement until 5 years have passed following the |
26 | | satisfactory
termination of the probation. |
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1 | | (3) Those records maintained by the Illinois State |
2 | | Police for
persons arrested prior to their 17th birthday |
3 | | shall be
expunged as provided in Section 5-915 of the |
4 | | Juvenile Court
Act of 1987. |
5 | | (4) Whenever a person has been arrested for or |
6 | | convicted of any
offense, in the name of a person whose |
7 | | identity he or she has stolen or otherwise
come into |
8 | | possession of, the aggrieved person from whom the identity
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9 | | was stolen or otherwise obtained without authorization,
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10 | | upon learning of the person having been arrested using his
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11 | | or her identity, may, upon verified petition to the chief |
12 | | judge of
the circuit wherein the arrest was made, have a |
13 | | court order
entered nunc pro tunc by the Chief Judge to |
14 | | correct the
arrest record, conviction record, if any, and |
15 | | all official
records of the arresting authority, the |
16 | | Illinois State Police, other
criminal justice agencies, |
17 | | the prosecutor, and the trial
court concerning such |
18 | | arrest, if any, by removing his or her name
from all such |
19 | | records in connection with the arrest and
conviction, if |
20 | | any, and by inserting in the records the
name of the |
21 | | offender, if known or ascertainable, in lieu of
the |
22 | | aggrieved's name. The records of the circuit court clerk |
23 | | shall be sealed until further order of
the court upon good |
24 | | cause shown and the name of the
aggrieved person |
25 | | obliterated on the official index
required to be kept by |
26 | | the circuit court clerk under
Section 16 of the Clerks of |
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1 | | Courts Act, but the order shall
not affect any index |
2 | | issued by the circuit court clerk
before the entry of the |
3 | | order. Nothing in this Section
shall limit the Illinois |
4 | | State Police or other
criminal justice agencies or |
5 | | prosecutors from listing
under an offender's name the |
6 | | false names he or she has
used. |
7 | | (5) Whenever a person has been convicted of criminal
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8 | | sexual assault, aggravated criminal sexual assault,
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9 | | predatory criminal sexual assault of a child, criminal
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10 | | sexual abuse, or aggravated criminal sexual abuse, the
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11 | | victim of that offense may request that the State's
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12 | | Attorney of the county in which the conviction occurred
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13 | | file a verified petition with the presiding trial judge at
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14 | | the petitioner's trial to have a court order entered to |
15 | | seal
the records of the circuit court clerk in connection
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16 | | with the proceedings of the trial court concerning that
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17 | | offense. However, the records of the arresting authority
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18 | | and the Illinois State Police concerning the offense
shall |
19 | | not be sealed. The court, upon good cause shown,
shall |
20 | | make the records of the circuit court clerk in
connection |
21 | | with the proceedings of the trial court
concerning the |
22 | | offense available for public inspection. |
23 | | (6) If a conviction has been set aside on direct |
24 | | review
or on collateral attack and the court determines by |
25 | | clear
and convincing evidence that the petitioner was |
26 | | factually
innocent of the charge, the court that finds the |
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1 | | petitioner factually innocent of the charge shall enter an
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2 | | expungement order for the conviction for which the |
3 | | petitioner has been determined to be innocent as provided |
4 | | in subsection (b) of Section
5-5-4 of the Unified Code of |
5 | | Corrections. |
6 | | (7) Nothing in this Section shall prevent the Illinois
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7 | | State Police from maintaining all records of any person |
8 | | who
is admitted to probation upon terms and conditions and |
9 | | who
fulfills those terms and conditions pursuant to |
10 | | Section 10
of the Cannabis Control Act, Section 410 of the |
11 | | Illinois
Controlled Substances Act, Section 70 of the
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12 | | Methamphetamine Control and Community Protection Act,
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13 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
14 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
15 | | Section 12-3.05 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012, Section 10-102
of the Illinois |
17 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
18 | | the Substance Use Disorder Act, or Section 10 of the |
19 | | Steroid Control Act. |
20 | | (8) If the petitioner has been granted a certificate |
21 | | of innocence under Section 2-702 of the Code of Civil |
22 | | Procedure, the court that grants the certificate of |
23 | | innocence shall also enter an order expunging the |
24 | | conviction for which the petitioner has been determined to |
25 | | be innocent as provided in subsection (h) of Section 2-702 |
26 | | of the Code of Civil Procedure. |
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1 | | (c) Sealing. |
2 | | (1) Applicability. Notwithstanding any other provision |
3 | | of this Act to the contrary, and cumulative with any |
4 | | rights to expungement of criminal records, this subsection |
5 | | authorizes the sealing of criminal records of adults and |
6 | | of minors prosecuted as adults. Subsection (g) of this |
7 | | Section provides for immediate sealing of certain records. |
8 | | (2) Eligible Records. The following records may be |
9 | | sealed: |
10 | | (A) All arrests resulting in release without |
11 | | charging; |
12 | | (B) Arrests or charges not initiated by arrest |
13 | | resulting in acquittal, dismissal, or conviction when |
14 | | the conviction was reversed or vacated, except as |
15 | | excluded by subsection (a)(3)(B); |
16 | | (C) Arrests or charges not initiated by arrest |
17 | | resulting in orders of supervision, including orders |
18 | | of supervision for municipal ordinance violations, |
19 | | successfully completed by the petitioner, unless |
20 | | excluded by subsection (a)(3); |
21 | | (D) Arrests or charges not initiated by arrest |
22 | | resulting in convictions, including convictions on |
23 | | municipal ordinance violations, unless excluded by |
24 | | subsection (a)(3); |
25 | | (E) Arrests or charges not initiated by arrest |
26 | | resulting in orders of first offender probation under |
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1 | | Section 10 of the Cannabis Control Act, Section 410 of |
2 | | the Illinois Controlled Substances Act, Section 70 of |
3 | | the Methamphetamine Control and Community Protection |
4 | | Act, or Section 5-6-3.3 of the Unified Code of |
5 | | Corrections; and |
6 | | (F) Arrests or charges not initiated by arrest |
7 | | resulting in felony convictions unless otherwise |
8 | | excluded by subsection (a) paragraph (3) of this |
9 | | Section. |
10 | | (3) When Records Are Eligible to Be Sealed. Records |
11 | | identified as eligible under subsection (c)(2) may be |
12 | | sealed as follows: |
13 | | (A) Records identified as eligible under |
14 | | subsections subsection (c)(2)(A) and (c)(2)(B) may be |
15 | | sealed at any time. |
16 | | (B) Except as otherwise provided in subparagraph |
17 | | (E) of this paragraph (3), records identified as |
18 | | eligible under subsection (c)(2)(C) may be sealed
2 |
19 | | years after the termination of petitioner's last |
20 | | sentence (as defined in subsection (a)(1)(F)). |
21 | | (C) Except as otherwise provided in subparagraph |
22 | | (E) of this paragraph (3), records identified as |
23 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
24 | | (c)(2)(F) may be sealed 3 years after the termination |
25 | | of the petitioner's last sentence (as defined in |
26 | | subsection (a)(1)(F)). Convictions requiring public |
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1 | | registration under the Arsonist Registration Act, the |
2 | | Sex Offender Registration Act, or the Murderer and |
3 | | Violent Offender Against Youth Registration Act may |
4 | | not be sealed until the petitioner is no longer |
5 | | required to register under that relevant Act. |
6 | | (D) Records identified in subsection |
7 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
8 | | reached the age of 25 years. |
9 | | (E) Records identified as eligible under |
10 | | subsection subsections (c)(2)(C), (c)(2)(D), |
11 | | (c)(2)(E), or (c)(2)(F) may be sealed upon termination |
12 | | of the petitioner's last sentence if the petitioner |
13 | | earned a high school diploma, associate's degree, |
14 | | career certificate, vocational technical |
15 | | certification, or bachelor's degree, or passed the |
16 | | high school level Test of General Educational |
17 | | Development, during the period of his or her sentence |
18 | | or mandatory supervised release. This subparagraph |
19 | | shall apply only to a petitioner who has not completed |
20 | | the same educational goal prior to the period of his or |
21 | | her sentence or mandatory supervised release. If a |
22 | | petition for sealing eligible records filed under this |
23 | | subparagraph is denied by the court, the time periods |
24 | | under subparagraph (B) or (C) shall apply to any |
25 | | subsequent petition for sealing filed by the |
26 | | petitioner. |
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1 | | (4) Subsequent felony convictions. A person may not |
2 | | have
subsequent felony conviction records sealed as |
3 | | provided in this subsection
(c) if he or she is convicted |
4 | | of any felony offense after the date of the
sealing of |
5 | | prior felony convictions as provided in this subsection |
6 | | (c). The court may, upon conviction for a subsequent |
7 | | felony offense, order the unsealing of prior felony |
8 | | conviction records previously ordered sealed by the court. |
9 | | (5) Notice of eligibility for sealing. Upon entry of a |
10 | | disposition for an eligible record under this subsection |
11 | | (c), the petitioner shall be informed by the court of the |
12 | | right to have the records sealed and the procedures for |
13 | | the sealing of the records. |
14 | | (d) Procedure. The following procedures apply to |
15 | | expungement under subsections (b), (e), and (e-6) and sealing |
16 | | under subsections (c) and (e-5): |
17 | | (1) Filing the petition. Upon becoming eligible to |
18 | | petition for
the expungement or sealing of records under |
19 | | this Section, the petitioner shall file a petition |
20 | | requesting the expungement
or sealing of records with the |
21 | | clerk of the court where the arrests occurred or the |
22 | | charges were brought, or both. If arrests occurred or |
23 | | charges were brought in multiple jurisdictions, a petition |
24 | | must be filed in each such jurisdiction. The petitioner |
25 | | shall pay the applicable fee, except no fee shall be |
26 | | required if the petitioner has obtained a court order |
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1 | | waiving fees under Supreme Court Rule 298 or it is |
2 | | otherwise waived. |
3 | | (1.5) County fee waiver pilot program.
From August 9, |
4 | | 2019 (the effective date of Public Act 101-306) through |
5 | | December 31, 2020, in a county of 3,000,000 or more |
6 | | inhabitants, no fee shall be required to be paid by a |
7 | | petitioner if the records sought to be expunged or sealed |
8 | | were arrests resulting in release without charging or |
9 | | arrests or charges not initiated by arrest resulting in |
10 | | acquittal, dismissal, or conviction when the conviction |
11 | | was reversed or vacated, unless excluded by subsection |
12 | | (a)(3)(B). The provisions of this paragraph (1.5), other |
13 | | than this sentence, are inoperative on and after January |
14 | | 1, 2022. |
15 | | (2) Contents of petition. The petition shall be
|
16 | | verified and shall contain the petitioner's name, date of
|
17 | | birth, current address and, for each arrest or charge not |
18 | | initiated by
arrest sought to be sealed or expunged, the |
19 | | case number, the date of
arrest (if any), the identity of |
20 | | the arresting authority, and such
other information as the |
21 | | court may require. During the pendency
of the proceeding, |
22 | | the petitioner shall promptly notify the
circuit court |
23 | | clerk of any change of his or her address. If the |
24 | | petitioner has received a certificate of eligibility for |
25 | | sealing from the Prisoner Review Board under paragraph |
26 | | (10) of subsection (a) of Section 3-3-2 of the Unified |
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1 | | Code of Corrections, the certificate shall be attached to |
2 | | the petition. |
3 | | (3) Drug test. The petitioner must attach to the |
4 | | petition proof that the petitioner has taken within 30 |
5 | | days before the filing of the petition a test showing the |
6 | | absence within his or her body of all illegal substances |
7 | | as defined by the Illinois Controlled Substances Act and |
8 | | the Methamphetamine Control and Community Protection Act |
9 | | if he or she is petitioning to: |
10 | | (A) seal felony records under clause (c)(2)(E); |
11 | | (B) seal felony records for a violation of the |
12 | | Illinois Controlled Substances Act, the |
13 | | Methamphetamine Control and Community Protection Act, |
14 | | or the Cannabis Control Act under clause (c)(2)(F); |
15 | | (C) seal felony records under subsection (e-5); or |
16 | | (D) expunge felony records of a qualified |
17 | | probation under clause (b)(1)(iv). |
18 | | (4) Service of petition. The circuit court clerk shall |
19 | | promptly
serve a copy of the petition and documentation to |
20 | | support the petition under subsection (e-5) or (e-6) on |
21 | | the State's Attorney or
prosecutor charged with the duty |
22 | | of prosecuting the
offense, the Illinois State Police, the |
23 | | arresting
agency and the chief legal officer of the unit |
24 | | of local
government effecting the arrest. |
25 | | (5) Objections. |
26 | | (A) Any party entitled to notice of the petition |
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1 | | may file an objection to the petition. All objections |
2 | | shall be in writing, shall be filed with the circuit |
3 | | court clerk, and shall state with specificity the |
4 | | basis of the objection. Whenever a person who has been |
5 | | convicted of an offense is granted
a pardon by the |
6 | | Governor which specifically authorizes expungement, an |
7 | | objection to the petition may not be filed. |
8 | | (B) Objections to a petition to expunge or seal |
9 | | must be filed within 60 days of the date of service of |
10 | | the petition. |
11 | | (6) Entry of order. |
12 | | (A) The Chief Judge of the circuit wherein the |
13 | | charge was brought, any judge of that circuit |
14 | | designated by the Chief Judge, or in counties of less |
15 | | than 3,000,000 inhabitants, the presiding trial judge |
16 | | at the petitioner's trial, if any, shall rule on the |
17 | | petition to expunge or seal as set forth in this |
18 | | subsection (d)(6). |
19 | | (B) Unless the State's Attorney or prosecutor, the |
20 | | Illinois
State Police, the arresting agency, or the |
21 | | chief legal officer
files an objection to the petition |
22 | | to expunge or seal within 60 days from the date of |
23 | | service of the petition, the court shall enter an |
24 | | order granting or denying the petition. |
25 | | (C) Notwithstanding any other provision of law, |
26 | | the court shall not deny a petition for sealing under |
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1 | | this Section because the petitioner has not satisfied |
2 | | an outstanding legal financial obligation established, |
3 | | imposed, or originated by a court, law enforcement |
4 | | agency, or a municipal, State, county, or other unit |
5 | | of local government, including, but not limited to, |
6 | | any cost, assessment, fine, or fee. An outstanding |
7 | | legal financial obligation does not include any court |
8 | | ordered restitution to a victim under Section 5-5-6 of |
9 | | the Unified Code of Corrections, unless the |
10 | | restitution has been converted to a civil judgment. |
11 | | Nothing in this subparagraph (C) waives, rescinds, or |
12 | | abrogates a legal financial obligation or otherwise |
13 | | eliminates or affects the right of the holder of any |
14 | | financial obligation to pursue collection under |
15 | | applicable federal, State, or local law. |
16 | | (D) Notwithstanding any other provision of law,
|
17 | | the court shall not deny a petition to expunge or seal |
18 | | under this Section because the petitioner has |
19 | | submitted a drug test taken within 30 days before the |
20 | | filing of the petition to expunge or seal that |
21 | | indicates a positive test for the presence of cannabis |
22 | | within the petitioner's body. In this subparagraph |
23 | | (D), "cannabis" has the meaning ascribed to it in |
24 | | Section 3 of the Cannabis Control Act. |
25 | | (7) Hearings. If an objection is filed, the court |
26 | | shall set a date for a hearing and notify the petitioner |
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1 | | and all parties entitled to notice of the petition of the |
2 | | hearing date at least 30 days prior to the hearing. Prior |
3 | | to the hearing, the State's Attorney shall consult with |
4 | | the Illinois State Police as to the appropriateness of the |
5 | | relief sought in the petition to expunge or seal. At the |
6 | | hearing, the court shall hear evidence on whether the |
7 | | petition should or should not be granted, and shall grant |
8 | | or deny the petition to expunge or seal the records based |
9 | | on the evidence presented at the hearing. The court may |
10 | | consider the following: |
11 | | (A) the strength of the evidence supporting the |
12 | | defendant's conviction; |
13 | | (B) the reasons for retention of the conviction |
14 | | records by the State; |
15 | | (C) the petitioner's age, criminal record history, |
16 | | and employment history; |
17 | | (D) the period of time between the petitioner's |
18 | | arrest on the charge resulting in the conviction and |
19 | | the filing of the petition under this Section; and |
20 | | (E) the specific adverse consequences the |
21 | | petitioner may be subject to if the petition is |
22 | | denied. |
23 | | (8) Service of order. After entering an order to |
24 | | expunge or
seal records, the court must provide copies of |
25 | | the order to the
Illinois State Police, in a form and |
26 | | manner prescribed by the Illinois State Police,
to the |
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1 | | petitioner, to the State's Attorney or prosecutor
charged |
2 | | with the duty of prosecuting the offense, to the
arresting |
3 | | agency, to the chief legal officer of the unit of
local |
4 | | government effecting the arrest, and to such other
|
5 | | criminal justice agencies as may be ordered by the court. |
6 | | (9) Implementation of order. |
7 | | (A) Upon entry of an order to expunge records |
8 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or |
9 | | both: |
10 | | (i) the records shall be expunged (as defined |
11 | | in subsection (a)(1)(E)) by the arresting agency, |
12 | | the Illinois State Police, and any other agency as |
13 | | ordered by the court, within 60 days of the date of |
14 | | service of the order, unless a motion to vacate, |
15 | | modify, or reconsider the order is filed pursuant |
16 | | to paragraph (12) of subsection (d) of this |
17 | | Section; |
18 | | (ii) the records of the circuit court clerk |
19 | | shall be impounded until further order of the |
20 | | court upon good cause shown and the name of the |
21 | | petitioner obliterated on the official index |
22 | | required to be kept by the circuit court clerk |
23 | | under Section 16 of the Clerks of Courts Act, but |
24 | | the order shall not affect any index issued by the |
25 | | circuit court clerk before the entry of the order; |
26 | | and |
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1 | | (iii) in response to an inquiry for expunged |
2 | | records, the court, the Illinois State Police, or |
3 | | the agency receiving such inquiry, shall reply as |
4 | | it does in response to inquiries when no records |
5 | | ever existed. |
6 | | (B) Upon entry of an order to expunge records |
7 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or |
8 | | both: |
9 | | (i) the records shall be expunged (as defined |
10 | | in subsection (a)(1)(E)) by the arresting agency |
11 | | and any other agency as ordered by the court, |
12 | | within 60 days of the date of service of the order, |
13 | | unless a motion to vacate, modify, or reconsider |
14 | | the order is filed pursuant to paragraph (12) of |
15 | | subsection (d) of this Section; |
16 | | (ii) the records of the circuit court clerk |
17 | | shall be impounded until further order of the |
18 | | court upon good cause shown and the name of the |
19 | | petitioner obliterated on the official index |
20 | | required to be kept by the circuit court clerk |
21 | | under Section 16 of the Clerks of Courts Act, but |
22 | | the order shall not affect any index issued by the |
23 | | circuit court clerk before the entry of the order; |
24 | | (iii) the records shall be impounded by the
|
25 | | Illinois State Police within 60 days of the date |
26 | | of service of the order as ordered by the court, |
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1 | | unless a motion to vacate, modify, or reconsider |
2 | | the order is filed pursuant to paragraph (12) of |
3 | | subsection (d) of this Section; |
4 | | (iv) records impounded by the Illinois State |
5 | | Police may be disseminated by the Illinois State |
6 | | Police only as required by law or to the arresting |
7 | | authority, the State's Attorney, and the court |
8 | | upon a later arrest for the same or a similar |
9 | | offense or for the purpose of sentencing for any |
10 | | subsequent felony, and to the Department of |
11 | | Corrections upon conviction for any offense; and |
12 | | (v) in response to an inquiry for such records |
13 | | from anyone not authorized by law to access such |
14 | | records, the court, the Illinois State Police, or |
15 | | the agency receiving such inquiry shall reply as |
16 | | it does in response to inquiries when no records |
17 | | ever existed. |
18 | | (B-5) Upon entry of an order to expunge records |
19 | | under subsection (e-6): |
20 | | (i) the records shall be expunged (as defined |
21 | | in subsection (a)(1)(E)) by the arresting agency |
22 | | and any other agency as ordered by the court, |
23 | | within 60 days of the date of service of the order, |
24 | | unless a motion to vacate, modify, or reconsider |
25 | | the order is filed under paragraph (12) of |
26 | | subsection (d) of this Section; |
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1 | | (ii) the records of the circuit court clerk |
2 | | shall be impounded until further order of the |
3 | | court upon good cause shown and the name of the |
4 | | petitioner obliterated on the official index |
5 | | required to be kept by the circuit court clerk |
6 | | under Section 16 of the Clerks of Courts Act, but |
7 | | the order shall not affect any index issued by the |
8 | | circuit court clerk before the entry of the order; |
9 | | (iii) the records shall be impounded by the
|
10 | | Illinois State Police within 60 days of the date |
11 | | of service of the order as ordered by the court, |
12 | | unless a motion to vacate, modify, or reconsider |
13 | | the order is filed under paragraph (12) of |
14 | | subsection (d) of this Section; |
15 | | (iv) records impounded by the Illinois State |
16 | | Police may be disseminated by the Illinois State |
17 | | Police only as required by law or to the arresting |
18 | | authority, the State's Attorney, and the court |
19 | | upon a later arrest for the same or a similar |
20 | | offense or for the purpose of sentencing for any |
21 | | subsequent felony, and to the Department of |
22 | | Corrections upon conviction for any offense; and |
23 | | (v) in response to an inquiry for these |
24 | | records from anyone not authorized by law to |
25 | | access the records, the court, the Illinois State |
26 | | Police, or the agency receiving the inquiry shall |
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1 | | reply as it does in response to inquiries when no |
2 | | records ever existed. |
3 | | (C) Upon entry of an order to seal records under |
4 | | subsection
(c), the arresting agency, any other agency |
5 | | as ordered by the court, the Illinois State Police, |
6 | | and the court shall seal the records (as defined in |
7 | | subsection (a)(1)(K)). In response to an inquiry for |
8 | | such records, from anyone not authorized by law to |
9 | | access such records, the court, the Illinois State |
10 | | Police, or the agency receiving such inquiry shall |
11 | | reply as it does in response to inquiries when no |
12 | | records ever existed. |
13 | | (D) The Illinois State Police shall send written |
14 | | notice to the petitioner of its compliance with each |
15 | | order to expunge or seal records within 60 days of the |
16 | | date of service of that order or, if a motion to |
17 | | vacate, modify, or reconsider is filed, within 60 days |
18 | | of service of the order resolving the motion, if that |
19 | | order requires the Illinois State Police to expunge or |
20 | | seal records. In the event of an appeal from the |
21 | | circuit court order, the Illinois State Police shall |
22 | | send written notice to the petitioner of its |
23 | | compliance with an Appellate Court or Supreme Court |
24 | | judgment to expunge or seal records within 60 days of |
25 | | the issuance of the court's mandate. The notice is not |
26 | | required while any motion to vacate, modify, or |
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1 | | reconsider, or any appeal or petition for |
2 | | discretionary appellate review, is pending. |
3 | | (E) Upon motion, the court may order that a sealed |
4 | | judgment or other court record necessary to |
5 | | demonstrate the amount of any legal financial |
6 | | obligation due and owing be made available for the |
7 | | limited purpose of collecting any legal financial |
8 | | obligations owed by the petitioner that were |
9 | | established, imposed, or originated in the criminal |
10 | | proceeding for which those records have been sealed. |
11 | | The records made available under this subparagraph (E) |
12 | | shall not be entered into the official index required |
13 | | to be kept by the circuit court clerk under Section 16 |
14 | | of the Clerks of Courts Act and shall be immediately |
15 | | re-impounded upon the collection of the outstanding |
16 | | financial obligations. |
17 | | (F) Notwithstanding any other provision of this |
18 | | Section, a circuit court clerk may access a sealed |
19 | | record for the limited purpose of collecting payment |
20 | | for any legal financial obligations that were |
21 | | established, imposed, or originated in the criminal |
22 | | proceedings for which those records have been sealed. |
23 | | (10) Fees. The Illinois State Police may charge the |
24 | | petitioner a fee equivalent to the cost of processing any |
25 | | order to expunge or seal records. Notwithstanding any |
26 | | provision of the Clerks of Courts Act to the contrary, the |
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1 | | circuit court clerk may charge a fee equivalent to the |
2 | | cost associated with the sealing or expungement of records |
3 | | by the circuit court clerk. From the total filing fee |
4 | | collected for the petition to seal or expunge, the circuit |
5 | | court clerk shall deposit $10 into the Circuit Court Clerk |
6 | | Operation and Administrative Fund, to be used to offset |
7 | | the costs incurred by the circuit court clerk in |
8 | | performing the additional duties required to serve the |
9 | | petition to seal or expunge on all parties. The circuit |
10 | | court clerk shall collect and remit the Illinois State |
11 | | Police portion of the fee to the State Treasurer and it |
12 | | shall be deposited in the State Police Services Fund. If |
13 | | the record brought under an expungement petition was |
14 | | previously sealed under this Section, the fee for the |
15 | | expungement petition for that same record shall be waived. |
16 | | (11) Final Order. No court order issued under the |
17 | | expungement or sealing provisions of this Section shall |
18 | | become final for purposes of appeal until 30 days after |
19 | | service of the order on the petitioner and all parties |
20 | | entitled to notice of the petition. |
21 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
22 | | Section 2-1203 of the Code of Civil Procedure, the |
23 | | petitioner or any party entitled to notice may file a |
24 | | motion to vacate, modify, or reconsider the order granting |
25 | | or denying the petition to expunge or seal within 60 days |
26 | | of service of the order. If filed more than 60 days after |
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1 | | service of the order, a petition to vacate, modify, or |
2 | | reconsider shall comply with subsection (c) of Section |
3 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
4 | | motion to vacate, modify, or reconsider, notice of the |
5 | | motion shall be served upon the petitioner and all parties |
6 | | entitled to notice of the petition. |
7 | | (13) Effect of Order. An order granting a petition |
8 | | under the expungement or sealing provisions of this |
9 | | Section shall not be considered void because it fails to |
10 | | comply with the provisions of this Section or because of |
11 | | any error asserted in a motion to vacate, modify, or |
12 | | reconsider. The circuit court retains jurisdiction to |
13 | | determine whether the order is voidable and to vacate, |
14 | | modify, or reconsider its terms based on a motion filed |
15 | | under paragraph (12) of this subsection (d). |
16 | | (14) Compliance with Order Granting Petition to Seal |
17 | | Records. Unless a court has entered a stay of an order |
18 | | granting a petition to seal, all parties entitled to |
19 | | notice of the petition must fully comply with the terms of |
20 | | the order within 60 days of service of the order even if a |
21 | | party is seeking relief from the order through a motion |
22 | | filed under paragraph (12) of this subsection (d) or is |
23 | | appealing the order. |
24 | | (15) Compliance with Order Granting Petition to |
25 | | Expunge Records. While a party is seeking relief from the |
26 | | order granting the petition to expunge through a motion |
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1 | | filed under paragraph (12) of this subsection (d) or is |
2 | | appealing the order, and unless a court has entered a stay |
3 | | of that order, the parties entitled to notice of the |
4 | | petition must seal, but need not expunge, the records |
5 | | until there is a final order on the motion for relief or, |
6 | | in the case of an appeal, the issuance of that court's |
7 | | mandate. |
8 | | (16) The changes to this subsection (d) made by Public |
9 | | Act 98-163 apply to all petitions pending on August 5, |
10 | | 2013 (the effective date of Public Act 98-163) and to all |
11 | | orders ruling on a petition to expunge or seal on or after |
12 | | August 5, 2013 (the effective date of Public Act 98-163). |
13 | | (e) Whenever a person who has been convicted of an offense |
14 | | is granted
a pardon by the Governor which specifically |
15 | | authorizes expungement, he or she may,
upon verified petition |
16 | | to the Chief Judge of the circuit where the person had
been |
17 | | convicted, any judge of the circuit designated by the Chief |
18 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
19 | | presiding trial judge at the
defendant's trial, have a court |
20 | | order entered expunging the record of
arrest from the official |
21 | | records of the arresting authority and order that the
records |
22 | | of the circuit court clerk and the Illinois State Police be |
23 | | sealed until
further order of the court upon good cause shown |
24 | | or as otherwise provided
herein, and the name of the defendant |
25 | | obliterated from the official index
requested to be kept by |
26 | | the circuit court clerk under Section 16 of the Clerks
of |
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1 | | Courts Act in connection with the arrest and conviction for |
2 | | the offense for
which he or she had been pardoned but the order |
3 | | shall not affect any index issued by
the circuit court clerk |
4 | | before the entry of the order. All records sealed by
the |
5 | | Illinois State Police may be disseminated by the Illinois |
6 | | State Police only to the arresting authority, the State's |
7 | | Attorney, and the court upon a later
arrest for the same or |
8 | | similar offense or for the purpose of sentencing for any
|
9 | | subsequent felony. Upon conviction for any subsequent offense, |
10 | | the Department
of Corrections shall have access to all sealed |
11 | | records of the Illinois State Police
pertaining to that |
12 | | individual. Upon entry of the order of expungement, the
|
13 | | circuit court clerk shall promptly mail a copy of the order to |
14 | | the
person who was pardoned. |
15 | | (e-5) Whenever a person who has been convicted of an |
16 | | offense is granted a certificate of eligibility for sealing by |
17 | | the Prisoner Review Board which specifically authorizes |
18 | | sealing, he or she may, upon verified petition to the Chief |
19 | | Judge of the circuit where the person had been convicted, any |
20 | | judge of the circuit designated by the Chief Judge, or in |
21 | | counties of less than 3,000,000 inhabitants, the presiding |
22 | | trial judge at the petitioner's trial, have a court order |
23 | | entered sealing the record of arrest from the official records |
24 | | of the arresting authority and order that the records of the |
25 | | circuit court clerk and the Illinois State Police be sealed |
26 | | until further order of the court upon good cause shown or as |
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1 | | otherwise provided herein, and the name of the petitioner |
2 | | obliterated from the official index requested to be kept by |
3 | | the circuit court clerk under Section 16 of the Clerks of |
4 | | Courts Act in connection with the arrest and conviction for |
5 | | the offense for which he or she had been granted the |
6 | | certificate but the order shall not affect any index issued by |
7 | | the circuit court clerk before the entry of the order. All |
8 | | records sealed by the Illinois State Police may be |
9 | | disseminated by the Illinois State Police only as required by |
10 | | this Act or to the arresting authority, a law enforcement |
11 | | agency, the State's Attorney, and the court upon a later |
12 | | arrest for the same or similar offense or for the purpose of |
13 | | sentencing for any subsequent felony. Upon conviction for any |
14 | | subsequent offense, the Department of Corrections shall have |
15 | | access to all sealed records of the Illinois State Police |
16 | | pertaining to that individual. Upon entry of the order of |
17 | | sealing, the circuit court clerk shall promptly mail a copy of |
18 | | the order to the person who was granted the certificate of |
19 | | eligibility for sealing. |
20 | | (e-6) Whenever a person who has been convicted of an |
21 | | offense is granted a certificate of eligibility for |
22 | | expungement by the Prisoner Review Board which specifically |
23 | | authorizes expungement, he or she may, upon verified petition |
24 | | to the Chief Judge of the circuit where the person had been |
25 | | convicted, any judge of the circuit designated by the Chief |
26 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
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1 | | presiding trial judge at the petitioner's trial, have a court |
2 | | order entered expunging the record of arrest from the official |
3 | | records of the arresting authority and order that the records |
4 | | of the circuit court clerk and the Illinois State Police be |
5 | | sealed until further order of the court upon good cause shown |
6 | | or as otherwise provided herein, and the name of the |
7 | | petitioner obliterated from the official index requested to be |
8 | | kept by the circuit court clerk under Section 16 of the Clerks |
9 | | of Courts Act in connection with the arrest and conviction for |
10 | | the offense for which he or she had been granted the |
11 | | certificate but the order shall not affect any index issued by |
12 | | the circuit court clerk before the entry of the order. All |
13 | | records sealed by the Illinois State Police may be |
14 | | disseminated by the Illinois State Police only as required by |
15 | | this Act or to the arresting authority, a law enforcement |
16 | | agency, the State's Attorney, and the court upon a later |
17 | | arrest for the same or similar offense or for the purpose of |
18 | | sentencing for any subsequent felony. Upon conviction for any |
19 | | subsequent offense, the Department of Corrections shall have |
20 | | access to all expunged records of the Illinois State Police |
21 | | pertaining to that individual. Upon entry of the order of |
22 | | expungement, the circuit court clerk shall promptly mail a |
23 | | copy of the order to the person who was granted the certificate |
24 | | of eligibility for expungement. |
25 | | (f) Subject to available funding, the Illinois Department
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26 | | of Corrections shall conduct a study of the impact of sealing,
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1 | | especially on employment and recidivism rates, utilizing a
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2 | | random sample of those who apply for the sealing of their
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3 | | criminal records under Public Act 93-211. At the request of |
4 | | the
Illinois Department of Corrections, records of the |
5 | | Illinois
Department of Employment Security shall be utilized |
6 | | as
appropriate to assist in the study. The study shall not
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7 | | disclose any data in a manner that would allow the
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8 | | identification of any particular individual or employing unit.
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9 | | The study shall be made available to the General Assembly no
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10 | | later than September 1, 2010.
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11 | | (g) Immediate Sealing. |
12 | | (1) Applicability. Notwithstanding any other provision |
13 | | of this Act to the contrary, and cumulative with any |
14 | | rights to expungement or sealing of criminal records, this |
15 | | subsection authorizes the immediate sealing of criminal |
16 | | records of adults and of minors prosecuted as adults. |
17 | | (2) Eligible Records. Arrests or charges not initiated |
18 | | by arrest resulting in acquittal or dismissal with |
19 | | prejudice, except as excluded by subsection (a)(3)(B), |
20 | | that occur on or after January 1, 2018 (the effective date |
21 | | of Public Act 100-282), may be sealed immediately if the |
22 | | petition is filed with the circuit court clerk on the same |
23 | | day and during the same hearing in which the case is |
24 | | disposed. |
25 | | (3) When Records are Eligible to be Immediately |
26 | | Sealed. Eligible records under paragraph (2) of this |
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1 | | subsection (g) may be sealed immediately after entry of |
2 | | the final disposition of a case, notwithstanding the |
3 | | disposition of other charges in the same case. |
4 | | (4) Notice of Eligibility for Immediate Sealing. Upon |
5 | | entry of a disposition for an eligible record under this |
6 | | subsection (g), the defendant shall be informed by the |
7 | | court of his or her right to have eligible records |
8 | | immediately sealed and the procedure for the immediate |
9 | | sealing of these records. |
10 | | (5) Procedure. The following procedures apply to |
11 | | immediate sealing under this subsection (g). |
12 | | (A) Filing the Petition. Upon entry of the final |
13 | | disposition of the case, the defendant's attorney may |
14 | | immediately petition the court, on behalf of the |
15 | | defendant, for immediate sealing of eligible records |
16 | | under paragraph (2) of this subsection (g) that are |
17 | | entered on or after January 1, 2018 (the effective |
18 | | date of Public Act 100-282). The immediate sealing |
19 | | petition may be filed with the circuit court clerk |
20 | | during the hearing in which the final disposition of |
21 | | the case is entered. If the defendant's attorney does |
22 | | not file the petition for immediate sealing during the |
23 | | hearing, the defendant may file a petition for sealing |
24 | | at any time as authorized under subsection (c)(3)(A). |
25 | | (B) Contents of Petition. The immediate sealing |
26 | | petition shall be verified and shall contain the |
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1 | | petitioner's name, date of birth, current address, and |
2 | | for each eligible record, the case number, the date of |
3 | | arrest if applicable, the identity of the arresting |
4 | | authority if applicable, and other information as the |
5 | | court may require. |
6 | | (C) Drug Test. The petitioner shall not be |
7 | | required to attach proof that he or she has passed a |
8 | | drug test. |
9 | | (D) Service of Petition. A copy of the petition |
10 | | shall be served on the State's Attorney in open court. |
11 | | The petitioner shall not be required to serve a copy of |
12 | | the petition on any other agency. |
13 | | (E) Entry of Order. The presiding trial judge |
14 | | shall enter an order granting or denying the petition |
15 | | for immediate sealing during the hearing in which it |
16 | | is filed. Petitions for immediate sealing shall be |
17 | | ruled on in the same hearing in which the final |
18 | | disposition of the case is entered. |
19 | | (F) Hearings. The court shall hear the petition |
20 | | for immediate sealing on the same day and during the |
21 | | same hearing in which the disposition is rendered. |
22 | | (G) Service of Order. An order to immediately seal |
23 | | eligible records shall be served in conformance with |
24 | | subsection (d)(8). |
25 | | (H) Implementation of Order. An order to |
26 | | immediately seal records shall be implemented in |
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1 | | conformance with subsections (d)(9)(C) and (d)(9)(D). |
2 | | (I) Fees. The fee imposed by the circuit court |
3 | | clerk and the Illinois State Police shall comply with |
4 | | paragraph (1) of subsection (d) of this Section. |
5 | | (J) Final Order. No court order issued under this |
6 | | subsection (g) shall become final for purposes of |
7 | | appeal until 30 days after service of the order on the |
8 | | petitioner and all parties entitled to service of the |
9 | | order in conformance with subsection (d)(8). |
10 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
11 | | Section 2-1203 of the Code of Civil Procedure, the |
12 | | petitioner, State's Attorney, or the Illinois State |
13 | | Police may file a motion to vacate, modify, or |
14 | | reconsider the order denying the petition to |
15 | | immediately seal within 60 days of service of the |
16 | | order. If filed more than 60 days after service of the |
17 | | order, a petition to vacate, modify, or reconsider |
18 | | shall comply with subsection (c) of Section 2-1401 of |
19 | | the Code of Civil Procedure. |
20 | | (L) Effect of Order. An order granting an |
21 | | immediate sealing petition shall not be considered |
22 | | void because it fails to comply with the provisions of |
23 | | this Section or because of an error asserted in a |
24 | | motion to vacate, modify, or reconsider. The circuit |
25 | | court retains jurisdiction to determine whether the |
26 | | order is voidable, and to vacate, modify, or |
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1 | | reconsider its terms based on a motion filed under |
2 | | subparagraph (L) of this subsection (g). |
3 | | (M) Compliance with Order Granting Petition to |
4 | | Seal Records. Unless a court has entered a stay of an |
5 | | order granting a petition to immediately seal, all |
6 | | parties entitled to service of the order must fully |
7 | | comply with the terms of the order within 60 days of |
8 | | service of the order. |
9 | | (h) Sealing; trafficking victims. |
10 | | (1) A trafficking victim as defined by paragraph (10) |
11 | | of subsection (a) of Section 10-9 of the Criminal Code of |
12 | | 2012 shall be eligible to petition for immediate sealing |
13 | | of his or her criminal record upon the completion of his or |
14 | | her last sentence if his or her participation in the |
15 | | underlying offense was a direct result of human |
16 | | trafficking under Section 10-9 of the Criminal Code of |
17 | | 2012 or a severe form of trafficking under the federal |
18 | | Trafficking Victims Protection Act. |
19 | | (2) A petitioner under this subsection (h), in |
20 | | addition to the requirements provided under paragraph (4) |
21 | | of subsection (d) of this Section, shall include in his or |
22 | | her petition a clear and concise statement that: (A) he or |
23 | | she was a victim of human trafficking at the time of the |
24 | | offense; and (B) that his or her participation in the |
25 | | offense was a direct result of human trafficking under |
26 | | Section 10-9 of the Criminal Code of 2012 or a severe form |
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1 | | of trafficking under the federal Trafficking Victims |
2 | | Protection Act. |
3 | | (3) If an objection is filed alleging that the |
4 | | petitioner is not entitled to immediate sealing under this |
5 | | subsection (h), the court shall conduct a hearing under |
6 | | paragraph (7) of subsection (d) of this Section and the |
7 | | court shall determine whether the petitioner is entitled |
8 | | to immediate sealing under this subsection (h). A |
9 | | petitioner is eligible for immediate relief under this |
10 | | subsection (h) if he or she shows, by a preponderance of |
11 | | the evidence, that: (A) he or she was a victim of human |
12 | | trafficking at the time of the offense; and (B) that his or |
13 | | her participation in the offense was a direct result of |
14 | | human trafficking under Section 10-9 of the Criminal Code |
15 | | of 2012 or a severe form of trafficking under the federal |
16 | | Trafficking Victims Protection Act. |
17 | | (i) Minor Cannabis Offenses under the Cannabis Control |
18 | | Act. |
19 | | (1) Expungement of Arrest Records of Minor Cannabis |
20 | | Offenses. |
21 | | (A) The Illinois State Police and all law |
22 | | enforcement agencies within the State shall |
23 | | automatically expunge all criminal history records of |
24 | | an arrest, charge not initiated by arrest, order of |
25 | | supervision, or order of qualified probation for a |
26 | | Minor Cannabis Offense committed prior to June 25, |
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1 | | 2019 (the effective date of Public Act 101-27) if: |
2 | | (i) One year or more has elapsed since the |
3 | | date of the arrest or law enforcement interaction |
4 | | documented in the records; and |
5 | | (ii) No criminal charges were filed relating |
6 | | to the arrest or law enforcement interaction or |
7 | | criminal charges were filed and subsequently |
8 | | dismissed or vacated or the arrestee was |
9 | | acquitted. |
10 | | (B) If the law enforcement agency is unable to |
11 | | verify satisfaction of condition (ii) in paragraph |
12 | | (A), records that satisfy condition (i) in paragraph |
13 | | (A) shall be automatically expunged. |
14 | | (C) Records shall be expunged by the law |
15 | | enforcement agency under the following timelines: |
16 | | (i) Records created prior to June 25, 2019 |
17 | | (the effective date of Public Act 101-27), but on |
18 | | or after January 1, 2013, shall be automatically |
19 | | expunged prior to January 1, 2021; |
20 | | (ii) Records created prior to January 1, 2013, |
21 | | but on or after January 1, 2000, shall be |
22 | | automatically expunged prior to January 1, 2023; |
23 | | (iii) Records created prior to January 1, 2000 |
24 | | shall be automatically expunged prior to January |
25 | | 1, 2025. |
26 | | In response to an inquiry for expunged records, |
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1 | | the law enforcement agency receiving such inquiry |
2 | | shall reply as it does in response to inquiries when no |
3 | | records ever existed; however, it shall provide a |
4 | | certificate of disposition or confirmation that the |
5 | | record was expunged to the individual whose record was |
6 | | expunged if such a record exists. |
7 | | (D) Nothing in this Section shall be construed to |
8 | | restrict or modify an individual's right to have that |
9 | | individual's records expunged except as otherwise may |
10 | | be provided in this Act, or diminish or abrogate any |
11 | | rights or remedies otherwise available to the |
12 | | individual. |
13 | | (2) Pardons Authorizing Expungement of Minor Cannabis |
14 | | Offenses. |
15 | | (A) Upon June 25, 2019 (the effective date of |
16 | | Public Act 101-27), the Department of State Police |
17 | | shall review all criminal history record information |
18 | | and identify all records that meet all of the |
19 | | following criteria: |
20 | | (i) one or more convictions for a Minor |
21 | | Cannabis Offense; |
22 | | (ii) the conviction identified in paragraph |
23 | | (2)(A)(i) did not include a penalty enhancement |
24 | | under Section 7 of the Cannabis Control Act; and |
25 | | (iii) the conviction identified in paragraph |
26 | | (2)(A)(i) is not associated with a conviction for |
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1 | | a violent crime as defined in subsection (c) of |
2 | | Section 3 of the Rights of Crime Victims and |
3 | | Witnesses Act. |
4 | | (B) Within 180 days after June 25, 2019 (the |
5 | | effective date of Public Act 101-27), the Department |
6 | | of State Police shall notify the Prisoner Review Board |
7 | | of all such records that meet the criteria established |
8 | | in paragraph (2)(A). |
9 | | (i) The Prisoner Review Board shall notify the |
10 | | State's Attorney of the county of conviction of |
11 | | each record identified by State Police in |
12 | | paragraph (2)(A) that is classified as a Class 4 |
13 | | felony. The State's Attorney may provide a written |
14 | | objection to the Prisoner Review Board on the sole |
15 | | basis that the record identified does not meet the |
16 | | criteria established in paragraph (2)(A). Such an |
17 | | objection must be filed within 60 days or by such |
18 | | later date set by the Prisoner Review Board in the |
19 | | notice after the State's Attorney received notice |
20 | | from the Prisoner Review Board. |
21 | | (ii) In response to a written objection from a |
22 | | State's Attorney, the Prisoner Review Board is |
23 | | authorized to conduct a non-public hearing to |
24 | | evaluate the information provided in the |
25 | | objection. |
26 | | (iii) The Prisoner Review Board shall make a |
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1 | | confidential and privileged recommendation to the |
2 | | Governor as to whether to grant a pardon |
3 | | authorizing expungement for each of the records |
4 | | identified by the Department of State Police as |
5 | | described in paragraph (2)(A). |
6 | | (C) If an individual has been granted a pardon |
7 | | authorizing expungement as described in this Section, |
8 | | the Prisoner Review Board, through the Attorney |
9 | | General, shall file a petition for expungement with |
10 | | the Chief Judge of the circuit or any judge of the |
11 | | circuit designated by the Chief Judge where the |
12 | | individual had been convicted. Such petition may |
13 | | include more than one individual. Whenever an |
14 | | individual who has been convicted of an offense is |
15 | | granted a pardon by the Governor that specifically |
16 | | authorizes expungement, an objection to the petition |
17 | | may not be filed. Petitions to expunge under this |
18 | | subsection (i) may include more than one individual. |
19 | | Within 90 days of the filing of such a petition, the |
20 | | court shall enter an order expunging the records of |
21 | | arrest from the official records of the arresting |
22 | | authority and order that the records of the circuit |
23 | | court clerk and the Illinois State Police be expunged |
24 | | and the name of the defendant obliterated from the |
25 | | official index requested to be kept by the circuit |
26 | | court clerk under Section 16 of the Clerks of Courts |
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1 | | Act in connection with the arrest and conviction for |
2 | | the offense for which the individual had received a |
3 | | pardon but the order shall not affect any index issued |
4 | | by the circuit court clerk before the entry of the |
5 | | order. Upon entry of the order of expungement, the |
6 | | circuit court clerk shall promptly provide a copy of |
7 | | the order and a certificate of disposition to the |
8 | | individual who was pardoned to the individual's last |
9 | | known address or by electronic means (if available) or |
10 | | otherwise make it available to the individual upon |
11 | | request. |
12 | | (D) Nothing in this Section is intended to |
13 | | diminish or abrogate any rights or remedies otherwise |
14 | | available to the individual. |
15 | | (3) Any individual may file a motion to vacate and |
16 | | expunge a conviction for a misdemeanor or Class 4 felony |
17 | | violation of Section 4 or Section 5 of the Cannabis |
18 | | Control Act. Motions to vacate and expunge under this |
19 | | subsection (i) may be filed with the circuit court, Chief |
20 | | Judge of a judicial circuit or any judge of the circuit |
21 | | designated by the Chief Judge. The circuit court clerk |
22 | | shall promptly serve a copy of the motion to vacate and |
23 | | expunge, and any supporting documentation, on the State's |
24 | | Attorney or prosecutor charged with the duty of |
25 | | prosecuting the offense. When considering such a motion to |
26 | | vacate and expunge, a court shall consider the following: |
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1 | | the reasons to retain the records provided by law |
2 | | enforcement, the petitioner's age, the petitioner's age at |
3 | | the time of offense, the time since the conviction, and |
4 | | the specific adverse consequences if denied. An individual |
5 | | may file such a petition after the completion of any |
6 | | non-financial sentence or non-financial condition imposed |
7 | | by the conviction. Within 60 days of the filing of such |
8 | | motion, a State's Attorney may file an objection to such a |
9 | | petition along with supporting evidence. If a motion to |
10 | | vacate and expunge is granted, the records shall be |
11 | | expunged in accordance with subparagraphs (d)(8) and |
12 | | (d)(9)(A) of this Section. An agency providing civil legal |
13 | | aid, as defined by Section 15 of the Public Interest |
14 | | Attorney Assistance Act, assisting individuals seeking to |
15 | | file a motion to vacate and expunge under this subsection |
16 | | may file motions to vacate and expunge with the Chief |
17 | | Judge of a judicial circuit or any judge of the circuit |
18 | | designated by the Chief Judge, and the motion may include |
19 | | more than one individual. Motions filed by an agency |
20 | | providing civil legal aid concerning more than one |
21 | | individual may be prepared, presented, and signed |
22 | | electronically. |
23 | | (4) Any State's Attorney may file a motion to vacate |
24 | | and expunge a conviction for a misdemeanor or Class 4 |
25 | | felony violation of Section 4 or Section 5 of the Cannabis |
26 | | Control Act. Motions to vacate and expunge under this |
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1 | | subsection (i) may be filed with the circuit court, Chief |
2 | | Judge of a judicial circuit or any judge of the circuit |
3 | | designated by the Chief Judge, and may include more than |
4 | | one individual. Motions filed by a State's Attorney |
5 | | concerning more than one individual may be prepared, |
6 | | presented, and signed electronically. When considering |
7 | | such a motion to vacate and expunge, a court shall |
8 | | consider the following: the reasons to retain the records |
9 | | provided by law enforcement, the individual's age, the |
10 | | individual's age at the time of offense, the time since |
11 | | the conviction, and the specific adverse consequences if |
12 | | denied. Upon entry of an order granting a motion to vacate |
13 | | and expunge records pursuant to this Section, the State's |
14 | | Attorney shall notify the Prisoner Review Board within 30 |
15 | | days. Upon entry of the order of expungement, the circuit |
16 | | court clerk shall promptly provide a copy of the order and |
17 | | a certificate of disposition to the individual whose |
18 | | records will be expunged to the individual's last known |
19 | | address or by electronic means (if available) or otherwise |
20 | | make available to the individual upon request. If a motion |
21 | | to vacate and expunge is granted, the records shall be |
22 | | expunged in accordance with subparagraphs (d)(8) and |
23 | | (d)(9)(A) of this Section. |
24 | | (5) In the public interest, the State's Attorney of a |
25 | | county has standing to file motions to vacate and expunge |
26 | | pursuant to this Section in the circuit court with |
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1 | | jurisdiction over the underlying conviction. |
2 | | (6) If a person is arrested for a Minor Cannabis |
3 | | Offense as defined in this Section before June 25, 2019 |
4 | | (the effective date of Public Act 101-27) and the person's |
5 | | case is still pending but a sentence has not been imposed, |
6 | | the person may petition the court in which the charges are |
7 | | pending for an order to summarily dismiss those charges |
8 | | against him or her, and expunge all official records of |
9 | | his or her arrest, plea, trial, conviction, incarceration, |
10 | | supervision, or expungement. If the court determines, upon |
11 | | review, that:
(A) the person was arrested before June 25, |
12 | | 2019 (the effective date of Public Act 101-27) for an |
13 | | offense that has been made eligible for expungement;
(B) |
14 | | the case is pending at the time; and
(C) the person has not |
15 | | been sentenced of the minor cannabis violation eligible |
16 | | for expungement under this subsection, the court shall |
17 | | consider the following: the reasons to retain the records |
18 | | provided by law enforcement, the petitioner's age, the |
19 | | petitioner's age at the time of offense, the time since |
20 | | the conviction, and the specific adverse consequences if |
21 | | denied. If a motion to dismiss and expunge is granted, the |
22 | | records shall be expunged in accordance with subparagraph |
23 | | (d)(9)(A) of this Section. |
24 | | (7) A person imprisoned solely as a result of one or |
25 | | more convictions for Minor Cannabis Offenses under this |
26 | | subsection (i) shall be released from incarceration upon |
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1 | | the issuance of an order under this subsection. |
2 | | (8) The Illinois State Police shall allow a person to |
3 | | use the access and review process, established in the |
4 | | Illinois State Police, for verifying that his or her |
5 | | records relating to Minor Cannabis Offenses of the |
6 | | Cannabis Control Act eligible under this Section have been |
7 | | expunged. |
8 | | (9) No conviction vacated pursuant to this Section |
9 | | shall serve as the basis for damages for time unjustly |
10 | | served as provided in the Court of Claims Act. |
11 | | (10) Effect of Expungement. A person's right to |
12 | | expunge an expungeable offense shall not be limited under |
13 | | this Section. The effect of an order of expungement shall |
14 | | be to restore the person to the status he or she occupied |
15 | | before the arrest, charge, or conviction. |
16 | | (11) Information. The Illinois State Police shall post |
17 | | general information on its website about the expungement |
18 | | process described in this subsection (i). |
19 | | (j) Felony Commercial Sexual Activity Prostitution |
20 | | Convictions. |
21 | | (1) Any individual may file a motion to vacate and |
22 | | expunge a conviction for a prior Class 4 felony violation |
23 | | of commercial sexual activity prostitution . Motions to |
24 | | vacate and expunge under this subsection (j) may be filed |
25 | | with the circuit court, Chief Judge of a judicial circuit, |
26 | | or any judge of the circuit designated by the Chief Judge. |
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1 | | When considering the motion to vacate and expunge, a court |
2 | | shall consider the following: |
3 | | (A) the reasons to retain the records provided by |
4 | | law enforcement; |
5 | | (B) the petitioner's age; |
6 | | (C) the petitioner's age at the time of offense; |
7 | | and |
8 | | (D) the time since the conviction, and the |
9 | | specific adverse consequences if denied. An individual |
10 | | may file the petition after the completion of any |
11 | | sentence or condition imposed by the conviction. |
12 | | Within 60 days of the filing of the motion, a State's |
13 | | Attorney may file an objection to the petition along |
14 | | with supporting evidence. If a motion to vacate and |
15 | | expunge is granted, the records shall be expunged in |
16 | | accordance with subparagraph (d)(9)(A) of this |
17 | | Section. An agency providing civil legal aid, as |
18 | | defined in Section 15 of the Public Interest Attorney |
19 | | Assistance Act, assisting individuals seeking to file |
20 | | a motion to vacate and expunge under this subsection |
21 | | may file motions to vacate and expunge with the Chief |
22 | | Judge of a judicial circuit or any judge of the circuit |
23 | | designated by the Chief Judge, and the motion may |
24 | | include more than one individual. |
25 | | (2) Any State's Attorney may file a motion to vacate |
26 | | and expunge a conviction for a Class 4 felony violation of |
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1 | | commercial sexual activity prostitution . Motions to vacate |
2 | | and expunge under this subsection (j) may be filed with |
3 | | the circuit court, Chief Judge of a judicial circuit, or |
4 | | any judge of the circuit court designated by the Chief |
5 | | Judge, and may include more than one individual. When |
6 | | considering the motion to vacate and expunge, a court |
7 | | shall consider the following reasons: |
8 | | (A) the reasons to retain the records provided by |
9 | | law enforcement; |
10 | | (B) the petitioner's age; |
11 | | (C) the petitioner's age at the time of offense; |
12 | | (D) the time since the conviction; and |
13 | | (E) the specific adverse consequences if denied. |
14 | | If the State's Attorney files a motion to vacate and |
15 | | expunge records for felony commercial sexual activity |
16 | | prostitution convictions pursuant to this Section, the |
17 | | State's Attorney shall notify the Prisoner Review Board |
18 | | within 30 days of the filing. If a motion to vacate and |
19 | | expunge is granted, the records shall be expunged in |
20 | | accordance with subparagraph (d)(9)(A) of this Section. |
21 | | (3) In the public interest, the State's Attorney of a |
22 | | county has standing to file motions to vacate and expunge |
23 | | pursuant to this Section in the circuit court with |
24 | | jurisdiction over the underlying conviction. |
25 | | (4) The Illinois State Police shall allow a person to |
26 | | a use the access and review process, established in the |
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1 | | Illinois State Police, for verifying that his or her |
2 | | records relating to felony commercial sexual activity |
3 | | prostitution eligible under this Section have been |
4 | | expunged. |
5 | | (5) No conviction vacated pursuant to this Section |
6 | | shall serve as the basis for damages for time unjustly |
7 | | served as provided in the Court of Claims Act. |
8 | | (6) Effect of Expungement. A person's right to expunge |
9 | | an expungeable offense shall not be limited under this |
10 | | Section. The effect of an order of expungement shall be to |
11 | | restore the person to the status he or she occupied before |
12 | | the arrest, charge, or conviction. |
13 | | (7) Information. The Illinois State Police shall post |
14 | | general information on its website about the expungement |
15 | | process described in this subsection (j). |
16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
17 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. |
18 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
19 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. |
20 | | 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
|
21 | | Section 10. The Sex Offender Management Board Act is |
22 | | amended by changing Section 10 as follows: |
23 | | (20 ILCS 4026/10)
|
24 | | Sec. 10. Definitions. In this Act, unless the context |
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1 | | otherwise
requires:
|
2 | | (a) "Board" means the Sex Offender Management Board |
3 | | created in Section 15.
|
4 | | (b) "Sex offender" means any person who is convicted or |
5 | | found delinquent in
the State of Illinois, or under any |
6 | | substantially similar federal law or
law of another state, of |
7 | | any sex offense or attempt of a sex offense as defined
in
|
8 | | subsection (c) of this Section, or any former statute of this |
9 | | State that
defined a felony sex offense, or who has been |
10 | | declared as a sexually dangerous
person under the Sexually |
11 | | Dangerous Persons Act or declared a sexually
violent person |
12 | | under the Sexually Violent Persons Commitment Act, or any
|
13 | | substantially similar
federal law or law of another state.
|
14 | | (c) "Sex offense" means any felony or misdemeanor offense |
15 | | described in this
subsection (c) as follows:
|
16 | | (1) indecent solicitation of a child, in violation of |
17 | | Section 11-6 of the
Criminal Code of 1961 or the Criminal |
18 | | Code of 2012;
|
19 | | (2) indecent solicitation of an adult, in violation of |
20 | | Section 11-6.5 of
the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012;
|
22 | | (3) public indecency, in violation of Section 11-9 or |
23 | | 11-30 of the Criminal Code of
1961 or the Criminal Code of |
24 | | 2012;
|
25 | | (4) sexual exploitation of a child, in violation of |
26 | | Section 11-9.1 of the
Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012;
|
2 | | (5) sexual relations within families, in violation of |
3 | | Section 11-11 of the
Criminal Code of 1961 or the Criminal |
4 | | Code of 2012;
|
5 | | (6) promoting commercial sexual exploitation of a |
6 | | child juvenile prostitution or soliciting for a sexually |
7 | | exploited child juvenile prostitute , in violation of |
8 | | Section 11-14.4 or 11-15.1
of
the Criminal Code of 1961 or |
9 | | the Criminal Code of 2012;
|
10 | | (7) promoting commercial sexual exploitation of a |
11 | | child juvenile prostitution or keeping a place of |
12 | | commercial sexual exploitation of a child juvenile |
13 | | prostitution , in violation of Section
11-14.4 or 11-17.1 |
14 | | of the Criminal Code of 1961 or the Criminal Code of 2012;
|
15 | | (8) patronizing a sexually exploited child juvenile |
16 | | prostitute , in violation of Section 11-18.1 of
the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012;
|
18 | | (9) promoting commercial sexual exploitation of a |
19 | | child juvenile prostitution or juvenile pimping, in |
20 | | violation of Section 11-14.4 or 11-19.1 of the Criminal
|
21 | | Code
of 1961 or the Criminal Code of 2012;
|
22 | | (10) promoting commercial sexual exploitation of a |
23 | | child juvenile prostitution or exploitation of a child, in |
24 | | violation of Section 11-14.4 or 11-19.2 of the
Criminal |
25 | | Code of 1961 or the Criminal Code of 2012;
|
26 | | (11) child pornography, in violation of Section |
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1 | | 11-20.1 of the Criminal
Code
of 1961 or the Criminal Code |
2 | | of 2012;
|
3 | | (11.5) aggravated child pornography, in violation of |
4 | | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; |
5 | | (12) harmful material, in violation of Section 11-21 |
6 | | of the Criminal Code
of
1961 or the Criminal Code of 2012;
|
7 | | (13) criminal sexual assault, in violation of Section |
8 | | 11-1.20 or 12-13 of the
Criminal
Code of 1961 or the |
9 | | Criminal Code of 2012;
|
10 | | (13.5) grooming, in violation of Section 11-25 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012; |
12 | | (14) aggravated criminal sexual assault, in violation |
13 | | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or |
14 | | the Criminal Code of 2012;
|
15 | | (14.5) traveling to meet a minor or traveling to meet |
16 | | a child, in violation of Section 11-26 of the Criminal |
17 | | Code of
1961 or the Criminal Code of 2012; |
18 | | (15) predatory criminal sexual assault of a child, in |
19 | | violation of Section
11-1.40 or 12-14.1 of the Criminal |
20 | | Code of 1961 or the Criminal Code of 2012;
|
21 | | (16) criminal sexual abuse, in violation of Section |
22 | | 11-1.50 or 12-15 of the Criminal
Code of 1961 or the |
23 | | Criminal Code of 2012;
|
24 | | (17) aggravated criminal sexual abuse, in violation of |
25 | | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or |
26 | | the Criminal Code of 2012;
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1 | | (18) ritualized abuse of a child, in violation of |
2 | | Section 12-33 of the
Criminal Code of 1961 or the Criminal |
3 | | Code of 2012;
|
4 | | (19) an attempt to commit any of the offenses |
5 | | enumerated in this
subsection
(c); or
|
6 | | (20) any felony offense under Illinois law that is |
7 | | sexually motivated.
|
8 | | (d) "Management" means treatment, and supervision of any |
9 | | sex
offender that conforms to the standards created by the |
10 | | Board under
Section 15.
|
11 | | (e) "Sexually motivated" means one or more of the facts of |
12 | | the underlying
offense indicates conduct that is of a sexual |
13 | | nature or that shows an intent to
engage in behavior of a |
14 | | sexual nature.
|
15 | | (f) "Sex offender evaluator" means a person licensed under |
16 | | the Sex Offender Evaluation and Treatment Provider Act to |
17 | | conduct sex offender evaluations. |
18 | | (g) "Sex offender treatment provider" means a person |
19 | | licensed under the Sex Offender Evaluation and Treatment |
20 | | Provider Act to provide sex offender treatment services. |
21 | | (h) "Associate sex offender provider" means a person |
22 | | licensed under the Sex Offender Evaluation and Treatment |
23 | | Provider Act to provide sex offender evaluations and to |
24 | | provide sex offender treatment under the supervision of a |
25 | | licensed sex offender evaluator or a licensed sex offender |
26 | | treatment provider. |
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1 | | (Source: P.A. 100-428, eff. 1-1-18 .)
|
2 | | Section 15. The Counties Code is amended by changing |
3 | | Section 5-10008 as follows:
|
4 | | (55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008)
|
5 | | Sec. 5-10008. Prohibited persons. It shall be unlawful for |
6 | | any known provider of commercial sexual activity
prostitute , |
7 | | male or female procurer, vagrant, or intoxicated person to be
|
8 | | present at any dance hall or road house licensed under this |
9 | | Division.
|
10 | | (Source: P.A. 86-962.)
|
11 | | Section 20. The Illinois Municipal Code is amended by |
12 | | changing Section 11-5-4 as follows:
|
13 | | (65 ILCS 5/11-5-4) (from Ch. 24, par. 11-5-4)
|
14 | | Sec. 11-5-4.
The corporate authorities of each |
15 | | municipality may prevent
vagrancy, begging, and commercial |
16 | | sexual activity prostitution .
|
17 | | (Source: Laws 1961, p. 576.)
|
18 | | Section 25. The Massage Licensing Act is amended by |
19 | | changing Sections 15 and 45 as follows:
|
20 | | (225 ILCS 57/15)
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1 | | (Section scheduled to be repealed on January 1, 2027)
|
2 | | Sec. 15. Licensure requirements.
|
3 | | (a) Persons
engaged in massage for
compensation
must be |
4 | | licensed by the Department. The Department shall issue a |
5 | | license to
an individual who meets all of the following |
6 | | requirements:
|
7 | | (1) The applicant has applied in writing on the |
8 | | prescribed forms and has
paid the
required fees.
|
9 | | (2) The applicant is at least 18 years of age and of |
10 | | good moral character.
In
determining good
moral character, |
11 | | the Department may take into consideration
conviction of |
12 | | any crime under the laws of the United States or any state |
13 | | or
territory
thereof that is a felony or a misdemeanor or |
14 | | any crime that is directly related
to the practice of the |
15 | | profession.
Such a conviction shall not operate |
16 | | automatically as a complete
bar to a license,
except in |
17 | | the case of any conviction for commercial sexual activity |
18 | | prostitution , rape, or sexual
misconduct,
or where the |
19 | | applicant is a registered sex offender.
|
20 | | (3) The applicant has successfully completed a massage |
21 | | therapy program approved by the Department that requires
a |
22 | | minimum
of 500 hours, except applicants applying on or |
23 | | after January 1, 2014 shall meet a minimum requirement of |
24 | | 600 hours,
and has
passed a
competency examination
|
25 | | approved by the Department.
|
26 | | (b) Each applicant for licensure as a massage therapist |
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1 | | shall have his or her fingerprints submitted to the Illinois |
2 | | State Police in an electronic format that complies with the |
3 | | form and manner for requesting and furnishing criminal history |
4 | | record information as prescribed by the Illinois State Police. |
5 | | These fingerprints shall be checked against the Illinois State |
6 | | Police and Federal Bureau of Investigation criminal history |
7 | | record databases now and hereafter filed. The Illinois State |
8 | | Police shall charge applicants a fee for conducting the |
9 | | criminal history records check, which shall be deposited into |
10 | | the State Police Services Fund and shall not exceed the actual |
11 | | cost of the records check. The Illinois State Police shall |
12 | | furnish, pursuant to positive identification, records of |
13 | | Illinois convictions to the Department. The Department may |
14 | | require applicants to pay a separate fingerprinting fee, |
15 | | either to the Department or to a vendor. The Department, in its |
16 | | discretion, may allow an applicant who does not have |
17 | | reasonable access to a designated vendor to provide his or her |
18 | | fingerprints in an alternative manner. The Department may |
19 | | adopt any rules necessary to implement this Section.
|
20 | | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; |
21 | | 102-813, eff. 5-13-22.)
|
22 | | (225 ILCS 57/45)
|
23 | | (Section scheduled to be repealed on January 1, 2027)
|
24 | | Sec. 45. Grounds for discipline.
|
25 | | (a) The Department may refuse to issue or renew, or may |
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1 | | revoke, suspend,
place
on
probation, reprimand, or take other |
2 | | disciplinary or non-disciplinary action, as the Department
|
3 | | considers appropriate,
including the imposition of fines not |
4 | | to exceed $10,000 for each violation, with
regard to any |
5 | | license or licensee
for any one or more of the following:
|
6 | | (1) violations of this Act or of the rules adopted |
7 | | under this Act;
|
8 | | (2) conviction by plea of guilty or nolo contendere, |
9 | | finding of guilt, jury verdict, or entry of judgment or by |
10 | | sentencing of any crime, including, but not limited to, |
11 | | convictions, preceding sentences of supervision, |
12 | | conditional discharge, or first offender probation, under |
13 | | the laws of any jurisdiction of the United States: (i) |
14 | | that is a felony; or (ii) that is a misdemeanor, an |
15 | | essential element of which is dishonesty, or that is |
16 | | directly related to the practice of the profession;
|
17 | | (3) professional incompetence;
|
18 | | (4) advertising in a false, deceptive, or misleading |
19 | | manner, including failing to use the massage therapist's |
20 | | own license number in an advertisement; |
21 | | (5) aiding, abetting, assisting, procuring, advising, |
22 | | employing, or contracting with any unlicensed person to |
23 | | practice massage contrary to any rules or provisions of |
24 | | this Act; |
25 | | (6) engaging in immoral conduct in the commission of |
26 | | any act, such as
sexual abuse, sexual misconduct, or |
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1 | | sexual exploitation, related to the
licensee's practice;
|
2 | | (7) engaging in dishonorable, unethical, or |
3 | | unprofessional conduct of a
character
likely to deceive, |
4 | | defraud, or harm the public;
|
5 | | (8) practicing or offering to practice beyond the |
6 | | scope permitted by law
or
accepting and performing |
7 | | professional responsibilities which the licensee knows
or |
8 | | has reason to
know that he or she is not competent to |
9 | | perform;
|
10 | | (9) knowingly delegating professional |
11 | | responsibilities to a person
unqualified by
training, |
12 | | experience, or licensure to perform;
|
13 | | (10) failing to provide information in response to a |
14 | | written request made
by the
Department within 60 days;
|
15 | | (11) having a habitual or excessive use of or |
16 | | addiction to alcohol,
narcotics,
stimulants, or
any other |
17 | | chemical agent or drug which results in the inability to |
18 | | practice
with reasonable
judgment, skill, or safety;
|
19 | | (12) having a pattern of practice or other behavior |
20 | | that demonstrates
incapacity
or
incompetence to practice |
21 | | under this Act;
|
22 | | (13) discipline by another state, District of |
23 | | Columbia, territory, or foreign nation, if at least one of |
24 | | the grounds for the discipline is the same or |
25 | | substantially equivalent to those set forth in this |
26 | | Section; |
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1 | | (14) a finding by the Department that the licensee, |
2 | | after having his or her license placed on probationary |
3 | | status, has violated the terms of probation; |
4 | | (15) willfully making or filing false records or |
5 | | reports in his or her practice, including, but not limited |
6 | | to, false records filed with State agencies or |
7 | | departments; |
8 | | (16) making a material misstatement in furnishing |
9 | | information to the
Department or
otherwise making |
10 | | misleading, deceptive, untrue, or fraudulent |
11 | | representations
in violation of this
Act or otherwise in |
12 | | the practice of the profession;
|
13 | | (17) fraud or misrepresentation in applying for or |
14 | | procuring a license under this Act or in connection with |
15 | | applying for renewal of a license under this Act;
|
16 | | (18) inability to practice the profession with |
17 | | reasonable judgment, skill, or safety as a result of |
18 | | physical illness, including, but not limited to, |
19 | | deterioration through the aging process, loss of motor |
20 | | skill, or a mental illness or disability;
|
21 | | (19) charging for professional services not rendered, |
22 | | including filing false statements for the collection of |
23 | | fees for which services are not rendered; |
24 | | (20) practicing under a false or, except as provided |
25 | | by law, an assumed name; or |
26 | | (21) cheating on or attempting to subvert the |
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1 | | licensing examination administered under this Act. |
2 | | All fines shall be paid within 60 days of the effective |
3 | | date of the order imposing the fine. |
4 | | (b) A person not licensed under this Act and engaged in the |
5 | | business of offering massage therapy services through others, |
6 | | shall not aid, abet, assist, procure, advise, employ, or |
7 | | contract with any unlicensed person to practice massage |
8 | | therapy contrary to any rules or provisions of this Act. A |
9 | | person violating this subsection (b) shall be treated as a |
10 | | licensee for the purposes of disciplinary action under this |
11 | | Section and shall be subject to cease and desist orders as |
12 | | provided in Section 90 of this Act. |
13 | | (c) The Department shall revoke any license issued under |
14 | | this Act of any person who is convicted of commercial sexual |
15 | | activity prostitution , rape, sexual misconduct, or any crime |
16 | | that subjects the licensee to compliance with the requirements |
17 | | of the Sex Offender Registration Act and any such conviction |
18 | | shall operate as a permanent bar in the State of Illinois to |
19 | | practice as a massage therapist. |
20 | | (d) The Department may refuse to issue or may suspend the |
21 | | license of any
person who
fails to file a tax return, to pay |
22 | | the tax, penalty, or interest shown in a
filed
tax return, or |
23 | | to pay any final
assessment of tax, penalty, or interest, as |
24 | | required by any tax Act
administered by the Illinois
|
25 | | Department of Revenue, until such time as the requirements of |
26 | | the tax Act are
satisfied in accordance with subsection (g) of |
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1 | | Section 2105-15 of the Civil Administrative Code of Illinois.
|
2 | | (e) (Blank). |
3 | | (f) In cases where the Department of Healthcare and Family |
4 | | Services has previously determined that a licensee or a |
5 | | potential licensee is more than 30 days delinquent in the |
6 | | payment of child support and has subsequently certified the |
7 | | delinquency to the Department, the Department may refuse to |
8 | | issue or renew or may revoke or suspend that person's license |
9 | | or may take other disciplinary action against that person |
10 | | based solely upon the certification of delinquency made by the |
11 | | Department of Healthcare and Family Services in accordance |
12 | | with item (5) of subsection (a) of Section 2105-15 of the Civil |
13 | | Administrative Code of Illinois. |
14 | | (g) The determination by a circuit court that a licensee |
15 | | is
subject
to involuntary admission or judicial admission, as |
16 | | provided in the Mental
Health and
Developmental Disabilities |
17 | | Code, operates as an automatic suspension. The
suspension
will |
18 | | end only upon a finding by a court that the patient is no |
19 | | longer
subject to
involuntary admission or judicial admission |
20 | | and the issuance of a court
order so finding
and discharging |
21 | | the patient.
|
22 | | (h) In enforcing this Act, the Department or Board, upon a |
23 | | showing of a
possible violation, may compel an individual |
24 | | licensed to practice under this
Act, or who
has applied for |
25 | | licensure under this Act, to submit to a mental or physical
|
26 | | examination, or
both, as required by and at the expense of the |
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1 | | Department. The Department or
Board may
order the examining |
2 | | physician to present testimony concerning the mental or
|
3 | | physical
examination of the licensee or applicant. No |
4 | | information shall be excluded by
reason of
any common law or |
5 | | statutory privilege relating to communications between the
|
6 | | licensee
or applicant and the examining physician. The |
7 | | examining physicians shall be
specifically
designated by the |
8 | | Board or Department. The individual to be examined may have,
|
9 | | at his
or her own expense, another physician of his or her |
10 | | choice present during all aspects of
this examination. The |
11 | | examination shall be performed by a physician licensed
to |
12 | | practice
medicine in all its branches. Failure of an |
13 | | individual to submit to a mental
or physical
examination, when |
14 | | directed, shall result in an automatic suspension without |
15 | | hearing.
|
16 | | A person holding a license under this Act or who has |
17 | | applied for a license under this Act who, because of a physical |
18 | | or mental illness or disability, including, but not limited |
19 | | to, deterioration through the aging process or loss of motor |
20 | | skill, is unable to practice the profession with reasonable |
21 | | judgment, skill, or safety, may be required by the Department |
22 | | to submit to care, counseling, or treatment by physicians |
23 | | approved or designated by the Department as a condition, term, |
24 | | or restriction for continued, reinstated, or renewed licensure |
25 | | to practice. Submission to care, counseling, or treatment as |
26 | | required by the Department shall not be considered discipline |
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1 | | of a license. If the licensee refuses to enter into a care, |
2 | | counseling, or treatment agreement or fails to abide by the |
3 | | terms of the agreement, the Department may file a complaint to |
4 | | revoke, suspend, or otherwise discipline the license of the |
5 | | individual. The Secretary may order the license suspended |
6 | | immediately, pending a hearing by the Department. Fines shall |
7 | | not be assessed in disciplinary actions involving physical or |
8 | | mental illness or impairment.
|
9 | | In instances in which the Secretary immediately suspends a |
10 | | person's license
under
this Section, a hearing on that |
11 | | person's license must be convened by the
Department
within 15 |
12 | | days after the suspension and completed without appreciable |
13 | | delay.
The
Department and Board shall have the authority to |
14 | | review the subject
individual's record
of treatment and |
15 | | counseling regarding the impairment to the extent permitted by
|
16 | | applicable federal statutes and regulations safeguarding the |
17 | | confidentiality of
medical
records.
|
18 | | An individual licensed under this Act and affected under |
19 | | this Section shall
be
afforded an opportunity to demonstrate |
20 | | to the Department or Board that he or
she can
resume practice |
21 | | in compliance with acceptable and prevailing standards under
|
22 | | the
provisions of his or her license.
|
23 | | (Source: P.A. 102-20, eff. 1-1-22 .)
|
24 | | Section 30. The Private Employment Agency Act is amended |
25 | | by changing Section 10 as follows:
|
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1 | | (225 ILCS 515/10) (from Ch. 111, par. 910)
|
2 | | Sec. 10. Licensee prohibitions. No licensee shall send or |
3 | | cause to be
sent any female help or
servants, inmate, or |
4 | | performer to enter any questionable place, or place
of bad |
5 | | repute, house of ill-fame, or assignation house, or to any |
6 | | house or
place of amusement kept for immoral purposes, or |
7 | | place resorted to for the
purpose of commercial sexual |
8 | | activity prostitution or gambling house, the character of |
9 | | which licensee
knows either actually or by reputation.
|
10 | | No licensee shall permit questionable characters, |
11 | | providers of commercial sexual activity prostitutes , gamblers,
|
12 | | intoxicated persons, or procurers to frequent the agency.
|
13 | | No licensee shall accept any application for employment |
14 | | made by or on
behalf of any child, or shall place or assist in |
15 | | placing any such child in
any employment whatever, in |
16 | | violation of the Child Labor Law. A violation of any provision |
17 | | of this Section shall be
a Class A misdemeanor.
|
18 | | No licensee shall publish or cause to be published any |
19 | | fraudulent or
misleading notice or advertisement of its |
20 | | employment agencies
by means of
cards, circulars, or signs, or |
21 | | in newspapers or other publications; and all
letterheads, |
22 | | receipts, and blanks shall contain the full name and address
|
23 | | of the employment agency and licensee shall state in all |
24 | | notices
and
advertisements the fact that licensee is, or |
25 | | conducts, a private employment
agency.
|
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1 | | No licensee shall print, publish, or paint on any sign or
|
2 | | window, or insert
in any newspaper or publication, a name |
3 | | similar to that of the Illinois
Public Employment Office.
|
4 | | No licensee shall print or stamp on any receipt or on any |
5 | | contract used
by that agency any part of this Act, unless the |
6 | | entire
Section from which
that part is taken is printed or |
7 | | stamped thereon.
|
8 | | All written communications sent out by any licensee, |
9 | | directly or
indirectly, to any person or firm with regard to |
10 | | employees or employment
shall contain therein definite |
11 | | information that such person is a private
employment agency.
|
12 | | No licensee or his or her employees shall knowingly give |
13 | | any false or
misleading information, or make any false or |
14 | | misleading promise to any
applicant who shall apply for |
15 | | employment or employees.
|
16 | | (Source: P.A. 90-372, eff. 7-1-98.)
|
17 | | Section 35. The Liquor Control Act of 1934 is amended by |
18 | | changing Section 6-2 as follows:
|
19 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
|
20 | | Sec. 6-2. Issuance of licenses to certain persons |
21 | | prohibited.
|
22 | | (a) Except as otherwise provided in subsection (b) of this |
23 | | Section and in paragraph (1) of subsection (a) of Section |
24 | | 3-12, no license
of any kind issued by the State Commission or |
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1 | | any local
commission shall be issued to:
|
2 | | (1) A person who is not a resident of any city, village |
3 | | or county in
which the premises covered by the license are |
4 | | located; except in case of
railroad or boat licenses.
|
5 | | (2) A person who is not of good character and |
6 | | reputation in the
community in which he resides.
|
7 | | (3) (Blank).
|
8 | | (4) A person who has been convicted of a felony under |
9 | | any Federal or
State law, unless the Commission determines |
10 | | that such
person will not be impaired by the conviction in |
11 | | engaging in the licensed practice
after considering |
12 | | matters set forth in such person's application in |
13 | | accordance with Section 6-2.5 of this Act and the
|
14 | | Commission's investigation.
|
15 | | (5) A person who has been convicted of keeping a place |
16 | | of commercial sexual activity prostitution or keeping a |
17 | | place of commercial sexual exploitation of a child |
18 | | juvenile prostitution , promoting commercial sexual |
19 | | activity prostitution that involves keeping a place of |
20 | | commercial sexual activity prostitution , or promoting |
21 | | commercial sexual exploitation of a child juvenile |
22 | | prostitution that involves keeping a place of commercial |
23 | | sexual exploitation of a child juvenile prostitution .
|
24 | | (6) A person who has been convicted of pandering.
|
25 | | (7) A person whose license issued under this Act has |
26 | | been revoked for
cause.
|
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1 | | (8) A person who at the time of application for |
2 | | renewal of any license
issued hereunder would not be |
3 | | eligible for such license upon a first
application.
|
4 | | (9) A copartnership, if any general partnership |
5 | | thereof, or any
limited partnership thereof, owning more |
6 | | than 5% of the aggregate limited
partner interest in such |
7 | | copartnership would not be eligible to receive a
license |
8 | | hereunder for any reason other than residence within the |
9 | | political
subdivision, unless residency is required by |
10 | | local ordinance.
|
11 | | (10) A corporation or limited liability company, if |
12 | | any member, officer, manager or director thereof, or
any |
13 | | stockholder or stockholders owning in the aggregate more |
14 | | than 5% of the
stock of such corporation, would not be |
15 | | eligible to receive a license
hereunder for any reason |
16 | | other than residence within the
political subdivision.
|
17 | | (10a) A corporation or limited liability company |
18 | | unless it is incorporated or organized in Illinois, or |
19 | | unless it
is a foreign corporation or foreign limited |
20 | | liability company which is qualified under the Business
|
21 | | Corporation Act of 1983 or the Limited Liability Company |
22 | | Act to transact business in Illinois. The Commission shall |
23 | | permit and accept from an applicant for a license under |
24 | | this Act proof prepared from the Secretary of State's |
25 | | website that the corporation or limited liability company |
26 | | is in good standing and is qualified under the Business
|
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1 | | Corporation Act of 1983 or the Limited Liability Company |
2 | | Act to transact business in Illinois.
|
3 | | (11) A person whose place of business is conducted by |
4 | | a manager or agent
unless the manager or agent possesses |
5 | | the same qualifications required by
the licensee.
|
6 | | (12) A person who has been convicted of a violation of |
7 | | any Federal or
State law concerning the manufacture, |
8 | | possession or sale of alcoholic
liquor, subsequent to the |
9 | | passage of this Act or has forfeited his bond to
appear in |
10 | | court to answer charges for any such violation, unless the |
11 | | Commission determines, in accordance with Section 6-2.5 of |
12 | | this Act, that the person will not be impaired by the |
13 | | conviction in engaging in the licensed practice.
|
14 | | (13) A person who does not beneficially own the |
15 | | premises for which a
license is sought, or does not have a |
16 | | lease thereon for the full period for
which the license is |
17 | | to be issued.
|
18 | | (14) Any law enforcing public official, including |
19 | | members
of local liquor control commissions,
any mayor, |
20 | | alderperson, or member of the
city council or commission, |
21 | | any president of the village board of trustees,
any member |
22 | | of a village board of trustees, or any president or member |
23 | | of a
county board; and no such official shall have a direct |
24 | | interest in the
manufacture, sale, or distribution of |
25 | | alcoholic liquor, except that a
license
may be granted to |
26 | | such official in relation to premises that are
not
located |
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1 | | within the territory subject to the jurisdiction of that |
2 | | official
if the issuance of such license is approved by |
3 | | the State Liquor Control
Commission
and except that a |
4 | | license may be granted, in a city or village with a
|
5 | | population of 55,000 or less, to any alderperson, member |
6 | | of a city council, or
member of a village board of trustees |
7 | | in relation to premises that are located
within the |
8 | | territory
subject to the jurisdiction of that official if |
9 | | (i) the sale of alcoholic
liquor pursuant to the license |
10 | | is incidental to the selling of food, (ii) the
issuance of |
11 | | the license is approved by the State Commission, (iii) the
|
12 | | issuance of the license is in accordance with all |
13 | | applicable local ordinances
in effect where the premises |
14 | | are located, and (iv) the official granted a
license does |
15 | | not vote on alcoholic liquor issues pending before the |
16 | | board or
council to which the license holder is elected. |
17 | | Notwithstanding any provision of this paragraph (14) to |
18 | | the contrary, an alderperson or member of a city council |
19 | | or commission, a member of a village board of trustees |
20 | | other than the president of the village board of trustees, |
21 | | or a member of a county board other than the president of a |
22 | | county board may have a direct interest in the |
23 | | manufacture, sale, or distribution of alcoholic liquor as |
24 | | long as he or she is not a law enforcing public official, a |
25 | | mayor, a village board president, or president of a county |
26 | | board. To prevent any conflict of interest, the elected |
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1 | | official with the direct interest in the manufacture, |
2 | | sale, or distribution of alcoholic liquor shall not |
3 | | participate in any meetings, hearings, or decisions on |
4 | | matters impacting the manufacture, sale, or distribution |
5 | | of alcoholic liquor. Furthermore, the mayor of a city with |
6 | | a population of 55,000 or less or the president of a |
7 | | village with a population of 55,000 or less may have an |
8 | | interest in the manufacture, sale, or distribution of |
9 | | alcoholic liquor as long as the council or board over |
10 | | which he or she presides has made a local liquor control |
11 | | commissioner appointment that complies with the |
12 | | requirements of Section 4-2 of this Act.
|
13 | | (15) A person who is not a beneficial owner of the |
14 | | business to be
operated by the licensee.
|
15 | | (16) A person who has been convicted of a gambling |
16 | | offense as
proscribed by any of subsections (a) (3) |
17 | | through (a)
(11) of
Section 28-1 of, or as
proscribed by |
18 | | Section 28-1.1 or 28-3 of, the Criminal Code of
1961 or the |
19 | | Criminal Code of 2012, or as proscribed by a
statute
|
20 | | replaced by any of the aforesaid statutory provisions.
|
21 | | (17) A person or entity to whom a federal wagering |
22 | | stamp has been
issued by the
federal government, unless |
23 | | the person or entity is eligible to be issued a
license |
24 | | under the Raffles and Poker Runs Act or the Illinois Pull |
25 | | Tabs and Jar Games Act.
|
26 | | (18) A person who intends to sell alcoholic liquors |
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1 | | for use or
consumption on his or her licensed retail |
2 | | premises who does not have liquor
liability insurance |
3 | | coverage for that premises in an amount that is at least
|
4 | | equal to the maximum liability amounts set out in |
5 | | subsection (a) of Section
6-21.
|
6 | | (19) A person who is licensed by any licensing |
7 | | authority as a manufacturer of beer, or any partnership, |
8 | | corporation, limited liability company, or trust or any |
9 | | subsidiary, affiliate, or agent thereof, or any other form |
10 | | of business enterprise licensed as a manufacturer of beer, |
11 | | having any legal, equitable, or beneficial interest, |
12 | | directly or indirectly, in a person licensed in this State |
13 | | as a distributor or importing distributor. For purposes of |
14 | | this paragraph (19), a person who is licensed by any |
15 | | licensing authority as a "manufacturer of beer" shall also |
16 | | mean a brewer and a non-resident dealer who is also a |
17 | | manufacturer of beer, including a partnership, |
18 | | corporation, limited liability company, or trust or any |
19 | | subsidiary, affiliate, or agent thereof, or any other form |
20 | | of business enterprise licensed as a manufacturer of beer. |
21 | | (20) A person who is licensed in this State as a |
22 | | distributor or importing distributor, or any partnership, |
23 | | corporation, limited liability company, or trust or any |
24 | | subsidiary, affiliate, or agent thereof, or any other form |
25 | | of business enterprise licensed in this State as a |
26 | | distributor or importing distributor having any legal, |
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1 | | equitable, or beneficial interest, directly or indirectly, |
2 | | in a person licensed as a manufacturer of beer by any |
3 | | licensing authority, or any partnership, corporation, |
4 | | limited liability company, or trust or any subsidiary, |
5 | | affiliate, or agent thereof, or any other form of business |
6 | | enterprise, except for a person who owns, on or after the |
7 | | effective date of this amendatory Act of the 98th General |
8 | | Assembly, no more than 5% of the outstanding shares of a |
9 | | manufacturer of beer whose shares are publicly traded on |
10 | | an exchange within the meaning of the Securities Exchange |
11 | | Act of 1934. For the purposes of this paragraph (20), a |
12 | | person who is licensed by any licensing authority as a |
13 | | "manufacturer of beer" shall also mean a brewer and a |
14 | | non-resident dealer who is also a manufacturer of beer, |
15 | | including a partnership, corporation, limited liability |
16 | | company, or trust or any subsidiary, affiliate, or agent |
17 | | thereof, or any other form of business enterprise licensed |
18 | | as a manufacturer of beer. |
19 | | (b) A criminal conviction of a corporation is not grounds |
20 | | for the
denial, suspension, or revocation of a license applied |
21 | | for or held by the
corporation if the criminal conviction was |
22 | | not the result of a violation of any
federal or State law |
23 | | concerning the manufacture, possession or sale of
alcoholic |
24 | | liquor, the offense that led to the conviction did not result |
25 | | in any
financial gain to the corporation and the corporation |
26 | | has terminated its
relationship with each director, officer, |
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1 | | employee, or controlling shareholder
whose actions directly |
2 | | contributed to the conviction of the corporation. The
|
3 | | Commission shall determine if all provisions of this |
4 | | subsection (b) have been
met before any action on the |
5 | | corporation's license is initiated.
|
6 | | (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
|
7 | | Section 40. The Intergovernmental Missing Child Recovery |
8 | | Act of 1984 is amended by changing Section 2 as follows:
|
9 | | (325 ILCS 40/2) (from Ch. 23, par. 2252)
|
10 | | Sec. 2. As used in this Act: |
11 | | (a) (Blank).
|
12 | | (b) "Director" means the Director of the Illinois State |
13 | | Police.
|
14 | | (c) "Unit of local government" is defined as in Article |
15 | | VII, Section 1
of the Illinois Constitution and includes both |
16 | | home rule units and units
which are not home rule units. The |
17 | | term is also defined to include all
public school districts |
18 | | subject to the provisions of the School Code.
|
19 | | (d) "Child" means a person under 21 years of age.
|
20 | | (e) A "LEADS terminal" is an interactive computerized |
21 | | communication and
processing unit which permits a direct |
22 | | on-line communication with the Illinois
State Police's central |
23 | | data repository, the Law Enforcement
Agencies Data System |
24 | | (LEADS).
|
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1 | | (f) A "primary contact agency" means a law enforcement |
2 | | agency which
maintains a LEADS terminal, or has immediate |
3 | | access to one on a
24-hour-per-day, 7-day-per-week basis by |
4 | | written agreement with another law
enforcement agency.
|
5 | | (g) (Blank).
|
6 | | (h) "Missing child" means any person under 21 years of age |
7 | | whose whereabouts
are unknown to his or her parents or legal |
8 | | guardian.
|
9 | | (i) "Exploitation" means activities and actions which |
10 | | include, but are
not limited to, child pornography, aggravated |
11 | | child pornography, commercial sexual exploitation of a child |
12 | | child prostitution , child sexual abuse,
drug and substance |
13 | | abuse by children, and child suicide.
|
14 | | (j) (Blank).
|
15 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
16 | | Section 45. The Illinois Vehicle Code is amended by |
17 | | changing Section 6-206 as follows:
|
18 | | (625 ILCS 5/6-206)
|
19 | | (Text of Section before amendment by P.A. 102-982 )
|
20 | | Sec. 6-206. Discretionary authority to suspend or revoke |
21 | | license or
permit; right to a hearing.
|
22 | | (a) The Secretary of State is authorized to suspend or |
23 | | revoke the
driving privileges of any person without |
24 | | preliminary hearing upon a showing
of the person's records or |
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1 | | other sufficient evidence that
the person:
|
2 | | 1. Has committed an offense for which mandatory |
3 | | revocation of
a driver's license or permit is required |
4 | | upon conviction;
|
5 | | 2. Has been convicted of not less than 3 offenses |
6 | | against traffic
regulations governing the movement of |
7 | | vehicles committed within any 12-month period. No |
8 | | revocation or suspension shall be entered more than
6 |
9 | | months after the date of last conviction;
|
10 | | 3. Has been repeatedly involved as a driver in motor |
11 | | vehicle
collisions or has been repeatedly convicted of |
12 | | offenses against laws and
ordinances regulating the |
13 | | movement of traffic, to a degree that
indicates lack of |
14 | | ability to exercise ordinary and reasonable care in
the |
15 | | safe operation of a motor vehicle or disrespect for the |
16 | | traffic laws
and the safety of other persons upon the |
17 | | highway;
|
18 | | 4. Has by the unlawful operation of a motor vehicle |
19 | | caused or
contributed to an accident resulting in injury |
20 | | requiring
immediate professional treatment in a medical |
21 | | facility or doctor's office
to any person, except that any |
22 | | suspension or revocation imposed by the
Secretary of State |
23 | | under the provisions of this subsection shall start no
|
24 | | later than 6 months after being convicted of violating a |
25 | | law or
ordinance regulating the movement of traffic, which |
26 | | violation is related
to the accident, or shall start not |
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1 | | more than one year
after
the date of the accident, |
2 | | whichever date occurs later;
|
3 | | 5. Has permitted an unlawful or fraudulent use of a |
4 | | driver's
license, identification card, or permit;
|
5 | | 6. Has been lawfully convicted of an offense or |
6 | | offenses in another
state, including the authorization |
7 | | contained in Section 6-203.1, which
if committed within |
8 | | this State would be grounds for suspension or revocation;
|
9 | | 7. Has refused or failed to submit to an examination |
10 | | provided for by
Section 6-207 or has failed to pass the |
11 | | examination;
|
12 | | 8. Is ineligible for a driver's license or permit |
13 | | under the provisions
of Section 6-103;
|
14 | | 9. Has made a false statement or knowingly concealed a |
15 | | material fact
or has used false information or |
16 | | identification in any application for a
license, |
17 | | identification card, or permit;
|
18 | | 10. Has possessed, displayed, or attempted to |
19 | | fraudulently use any
license, identification card, or |
20 | | permit not issued to the person;
|
21 | | 11. Has operated a motor vehicle upon a highway of |
22 | | this State when
the person's driving privilege or |
23 | | privilege to obtain a driver's license
or permit was |
24 | | revoked or suspended unless the operation was authorized |
25 | | by
a monitoring device driving permit, judicial driving |
26 | | permit issued prior to January 1, 2009, probationary |
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1 | | license to drive, or restricted
driving permit issued |
2 | | under this Code;
|
3 | | 12. Has submitted to any portion of the application |
4 | | process for
another person or has obtained the services of |
5 | | another person to submit to
any portion of the application |
6 | | process for the purpose of obtaining a
license, |
7 | | identification card, or permit for some other person;
|
8 | | 13. Has operated a motor vehicle upon a highway of |
9 | | this State when
the person's driver's license or permit |
10 | | was invalid under the provisions of
Sections 6-107.1 and
|
11 | | 6-110;
|
12 | | 14. Has committed a violation of Section 6-301, |
13 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
14 | | 14B of the Illinois Identification Card
Act or a similar |
15 | | offense in another state if, at the time of the offense, |
16 | | the person held an Illinois driver's license or |
17 | | identification card;
|
18 | | 15. Has been convicted of violating Section 21-2 of |
19 | | the Criminal Code
of 1961 or the Criminal Code of 2012 |
20 | | relating to criminal trespass to vehicles if the person |
21 | | exercised actual physical control over the vehicle during |
22 | | the commission of the offense, in which case the |
23 | | suspension
shall be for one year;
|
24 | | 16. Has been convicted of violating Section 11-204 of |
25 | | this Code relating
to fleeing from a peace officer;
|
26 | | 17. Has refused to submit to a test, or tests, as |
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1 | | required under Section
11-501.1 of this Code and the |
2 | | person has not sought a hearing as
provided for in Section |
3 | | 11-501.1;
|
4 | | 18. (Blank);
|
5 | | 19. Has committed a violation of paragraph (a) or (b) |
6 | | of Section 6-101
relating to driving without a driver's |
7 | | license;
|
8 | | 20. Has been convicted of violating Section 6-104 |
9 | | relating to
classification of driver's license;
|
10 | | 21. Has been convicted of violating Section 11-402 of
|
11 | | this Code relating to leaving the scene of an accident |
12 | | resulting in damage
to a vehicle in excess of $1,000, in |
13 | | which case the suspension shall be
for one year;
|
14 | | 22. Has used a motor vehicle in violating paragraph |
15 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
16 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
17 | | relating
to unlawful use of weapons, in which case the |
18 | | suspension shall be for one
year;
|
19 | | 23. Has, as a driver, been convicted of committing a |
20 | | violation of
paragraph (a) of Section 11-502 of this Code |
21 | | for a second or subsequent
time within one year of a |
22 | | similar violation;
|
23 | | 24. Has been convicted by a court-martial or punished |
24 | | by non-judicial
punishment by military authorities of the |
25 | | United States at a military
installation in Illinois or in |
26 | | another state of or for a traffic-related offense that is |
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1 | | the
same as or similar to an offense specified under |
2 | | Section 6-205 or 6-206 of
this Code;
|
3 | | 25. Has permitted any form of identification to be |
4 | | used by another in
the application process in order to |
5 | | obtain or attempt to obtain a license,
identification |
6 | | card, or permit;
|
7 | | 26. Has altered or attempted to alter a license or has |
8 | | possessed an
altered license, identification card, or |
9 | | permit;
|
10 | | 27. (Blank);
|
11 | | 28. Has been convicted for a first time of the illegal |
12 | | possession, while operating or
in actual physical control, |
13 | | as a driver, of a motor vehicle, of any
controlled |
14 | | substance prohibited under the Illinois Controlled |
15 | | Substances
Act, any cannabis prohibited under the Cannabis |
16 | | Control
Act, or any methamphetamine prohibited under the |
17 | | Methamphetamine Control and Community Protection Act, in |
18 | | which case the person's driving privileges shall be |
19 | | suspended for
one year.
Any defendant found guilty of this |
20 | | offense while operating a motor vehicle
shall have an |
21 | | entry made in the court record by the presiding judge that
|
22 | | this offense did occur while the defendant was operating a |
23 | | motor vehicle
and order the clerk of the court to report |
24 | | the violation to the Secretary
of State;
|
25 | | 29. Has been convicted of the following offenses that |
26 | | were committed
while the person was operating or in actual |
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1 | | physical control, as a driver,
of a motor vehicle: |
2 | | criminal sexual assault,
predatory criminal sexual assault |
3 | | of a child,
aggravated criminal sexual
assault, criminal |
4 | | sexual abuse, aggravated criminal sexual abuse, juvenile
|
5 | | pimping, soliciting for a sexually exploited child |
6 | | juvenile prostitute , promoting commercial sexual |
7 | | exploitation of a child juvenile prostitution as described |
8 | | in subdivision (a)(1), (a)(2), or (a)(3) of Section |
9 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code |
10 | | of 2012, and the manufacture, sale or
delivery of |
11 | | controlled substances or instruments used for illegal drug |
12 | | use
or abuse in which case the driver's driving privileges |
13 | | shall be suspended
for one year;
|
14 | | 30. Has been convicted a second or subsequent time for |
15 | | any
combination of the offenses named in paragraph 29 of |
16 | | this subsection,
in which case the person's driving |
17 | | privileges shall be suspended for 5
years;
|
18 | | 31. Has refused to submit to a test as
required by |
19 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
20 | | Registration and Safety Act or has submitted to a test |
21 | | resulting in
an alcohol concentration of 0.08 or more or |
22 | | any amount of a drug, substance, or
compound resulting |
23 | | from the unlawful use or consumption of cannabis as listed
|
24 | | in the Cannabis Control Act, a controlled substance as |
25 | | listed in the Illinois
Controlled Substances Act, an |
26 | | intoxicating compound as listed in the Use of
Intoxicating |
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1 | | Compounds Act, or methamphetamine as listed in the |
2 | | Methamphetamine Control and Community Protection Act, in |
3 | | which case the penalty shall be
as prescribed in Section |
4 | | 6-208.1;
|
5 | | 32. Has been convicted of Section 24-1.2 of the |
6 | | Criminal Code of
1961 or the Criminal Code of 2012 |
7 | | relating to the aggravated discharge of a firearm if the |
8 | | offender was
located in a motor vehicle at the time the |
9 | | firearm was discharged, in which
case the suspension shall |
10 | | be for 3 years;
|
11 | | 33. Has as a driver, who was less than 21 years of age |
12 | | on the date of
the offense, been convicted a first time of |
13 | | a violation of paragraph (a) of
Section 11-502 of this |
14 | | Code or a similar provision of a local ordinance;
|
15 | | 34. Has committed a violation of Section 11-1301.5 of |
16 | | this Code or a similar provision of a local ordinance;
|
17 | | 35. Has committed a violation of Section 11-1301.6 of |
18 | | this Code or a similar provision of a local ordinance;
|
19 | | 36. Is under the age of 21 years at the time of arrest |
20 | | and has been
convicted of not less than 2 offenses against |
21 | | traffic regulations governing
the movement of vehicles |
22 | | committed within any 24-month period. No revocation
or |
23 | | suspension shall be entered more than 6 months after the |
24 | | date of last
conviction;
|
25 | | 37. Has committed a violation of subsection (c) of |
26 | | Section 11-907 of this
Code that resulted in damage to the |
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1 | | property of another or the death or injury of another;
|
2 | | 38. Has been convicted of a violation of Section 6-20 |
3 | | of the Liquor
Control Act of 1934 or a similar provision of |
4 | | a local ordinance and the person was an occupant of a motor |
5 | | vehicle at the time of the violation;
|
6 | | 39. Has committed a second or subsequent violation of |
7 | | Section
11-1201 of this Code;
|
8 | | 40. Has committed a violation of subsection (a-1) of |
9 | | Section 11-908 of
this Code; |
10 | | 41. Has committed a second or subsequent violation of |
11 | | Section 11-605.1 of this Code, a similar provision of a |
12 | | local ordinance, or a similar violation in any other state |
13 | | within 2 years of the date of the previous violation, in |
14 | | which case the suspension shall be for 90 days; |
15 | | 42. Has committed a violation of subsection (a-1) of |
16 | | Section 11-1301.3 of this Code or a similar provision of a |
17 | | local ordinance;
|
18 | | 43. Has received a disposition of court supervision |
19 | | for a violation of subsection (a), (d), or (e) of Section |
20 | | 6-20 of the Liquor
Control Act of 1934 or a similar |
21 | | provision of a local ordinance and the person was an |
22 | | occupant of a motor vehicle at the time of the violation, |
23 | | in which case the suspension shall be for a period of 3 |
24 | | months;
|
25 | | 44.
Is under the age of 21 years at the time of arrest |
26 | | and has been convicted of an offense against traffic |
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1 | | regulations governing the movement of vehicles after |
2 | | having previously had his or her driving privileges
|
3 | | suspended or revoked pursuant to subparagraph 36 of this |
4 | | Section; |
5 | | 45.
Has, in connection with or during the course of a |
6 | | formal hearing conducted under Section 2-118 of this Code: |
7 | | (i) committed perjury; (ii) submitted fraudulent or |
8 | | falsified documents; (iii) submitted documents that have |
9 | | been materially altered; or (iv) submitted, as his or her |
10 | | own, documents that were in fact prepared or composed for |
11 | | another person; |
12 | | 46. Has committed a violation of subsection (j) of |
13 | | Section 3-413 of this Code;
|
14 | | 47. Has committed a violation of subsection (a) of |
15 | | Section 11-502.1 of this Code; |
16 | | 48. Has submitted a falsified or altered medical |
17 | | examiner's certificate to the Secretary of State or |
18 | | provided false information to obtain a medical examiner's |
19 | | certificate; |
20 | | 49. Has been convicted of a violation of Section |
21 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
22 | | another, in which case the driving privileges of the |
23 | | person shall be suspended for 12 months; |
24 | | 50. Has committed a violation of subsection (b-5) of |
25 | | Section 12-610.2 that resulted in great bodily harm, |
26 | | permanent disability, or disfigurement, in which case the |
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1 | | driving privileges of the person shall be suspended for 12 |
2 | | months; |
3 | | 51. Has committed a violation of Section 10-15 Of the |
4 | | Cannabis Regulation and Tax Act or a similar provision of |
5 | | a local ordinance while in a motor vehicle; or |
6 | | 52. Has committed a violation of subsection (b) of |
7 | | Section 10-20 of the Cannabis Regulation and Tax Act or a |
8 | | similar provision of a local ordinance. |
9 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
10 | | and 27 of this
subsection, license means any driver's license, |
11 | | any traffic ticket issued when
the person's driver's license |
12 | | is deposited in lieu of bail, a suspension
notice issued by the |
13 | | Secretary of State, a duplicate or corrected driver's
license, |
14 | | a probationary driver's license, or a temporary driver's |
15 | | license. |
16 | | (b) If any conviction forming the basis of a suspension or
|
17 | | revocation authorized under this Section is appealed, the
|
18 | | Secretary of State may rescind or withhold the entry of the |
19 | | order of suspension
or revocation, as the case may be, |
20 | | provided that a certified copy of a stay
order of a court is |
21 | | filed with the Secretary of State. If the conviction is
|
22 | | affirmed on appeal, the date of the conviction shall relate |
23 | | back to the time
the original judgment of conviction was |
24 | | entered and the 6-month limitation
prescribed shall not apply.
|
25 | | (c) 1. Upon suspending or revoking the driver's license or |
26 | | permit of
any person as authorized in this Section, the |
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1 | | Secretary of State shall
immediately notify the person in |
2 | | writing of the revocation or suspension.
The notice to be |
3 | | deposited in the United States mail, postage prepaid,
to the |
4 | | last known address of the person.
|
5 | | 2. If the Secretary of State suspends the driver's license
|
6 | | of a person under subsection 2 of paragraph (a) of this |
7 | | Section, a
person's privilege to operate a vehicle as an |
8 | | occupation shall not be
suspended, provided an affidavit is |
9 | | properly completed, the appropriate fee
received, and a permit |
10 | | issued prior to the effective date of the
suspension, unless 5 |
11 | | offenses were committed, at least 2 of which occurred
while |
12 | | operating a commercial vehicle in connection with the driver's
|
13 | | regular occupation. All other driving privileges shall be |
14 | | suspended by the
Secretary of State. Any driver prior to |
15 | | operating a vehicle for
occupational purposes only must submit |
16 | | the affidavit on forms to be
provided by the Secretary of State |
17 | | setting forth the facts of the person's
occupation. The |
18 | | affidavit shall also state the number of offenses
committed |
19 | | while operating a vehicle in connection with the driver's |
20 | | regular
occupation. The affidavit shall be accompanied by the |
21 | | driver's license.
Upon receipt of a properly completed |
22 | | affidavit, the Secretary of State
shall issue the driver a |
23 | | permit to operate a vehicle in connection with the
driver's |
24 | | regular occupation only. Unless the permit is issued by the
|
25 | | Secretary of State prior to the date of suspension, the |
26 | | privilege to drive
any motor vehicle shall be suspended as set |
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1 | | forth in the notice that was
mailed under this Section. If an |
2 | | affidavit is received subsequent to the
effective date of this |
3 | | suspension, a permit may be issued for the remainder
of the |
4 | | suspension period.
|
5 | | The provisions of this subparagraph shall not apply to any |
6 | | driver
required to possess a CDL for the purpose of operating a |
7 | | commercial motor vehicle.
|
8 | | Any person who falsely states any fact in the affidavit |
9 | | required
herein shall be guilty of perjury under Section 6-302 |
10 | | and upon conviction
thereof shall have all driving privileges |
11 | | revoked without further rights.
|
12 | | 3. At the conclusion of a hearing under Section 2-118 of |
13 | | this Code,
the Secretary of State shall either rescind or |
14 | | continue an order of
revocation or shall substitute an order |
15 | | of suspension; or, good
cause appearing therefor, rescind, |
16 | | continue, change, or extend the
order of suspension. If the |
17 | | Secretary of State does not rescind the order,
the Secretary |
18 | | may upon application,
to relieve undue hardship (as defined by |
19 | | the rules of the Secretary of State), issue
a restricted |
20 | | driving permit granting the privilege of driving a motor
|
21 | | vehicle between the petitioner's residence and petitioner's |
22 | | place of
employment or within the scope of the petitioner's |
23 | | employment-related duties, or to
allow the petitioner to |
24 | | transport himself or herself, or a family member of the
|
25 | | petitioner's household to a medical facility, to receive |
26 | | necessary medical care, to allow the petitioner to transport |
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1 | | himself or herself to and from alcohol or drug
remedial or |
2 | | rehabilitative activity recommended by a licensed service |
3 | | provider, or to allow the petitioner to transport himself or |
4 | | herself or a family member of the petitioner's household to |
5 | | classes, as a student, at an accredited educational |
6 | | institution, or to allow the petitioner to transport children, |
7 | | elderly persons, or persons with disabilities who do not hold |
8 | | driving privileges and are living in the petitioner's |
9 | | household to and from daycare. The
petitioner must demonstrate |
10 | | that no alternative means of
transportation is reasonably |
11 | | available and that the petitioner will not endanger
the public |
12 | | safety or welfare.
|
13 | | (A) If a person's license or permit is revoked or |
14 | | suspended due to 2
or more convictions of violating |
15 | | Section 11-501 of this Code or a similar
provision of a |
16 | | local ordinance or a similar out-of-state offense, or |
17 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
18 | | Code of 2012, where the use of alcohol or other drugs is |
19 | | recited as an element of the offense, or a similar |
20 | | out-of-state offense, or a combination of these offenses, |
21 | | arising out
of separate occurrences, that person, if |
22 | | issued a restricted driving permit,
may not operate a |
23 | | vehicle unless it has been equipped with an ignition
|
24 | | interlock device as defined in Section 1-129.1.
|
25 | | (B) If a person's license or permit is revoked or |
26 | | suspended 2 or more
times due to any combination of: |
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1 | | (i) a single conviction of violating Section
|
2 | | 11-501 of this Code or a similar provision of a local |
3 | | ordinance or a similar
out-of-state offense or Section |
4 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
5 | | of 2012, where the use of alcohol or other drugs is |
6 | | recited as an element of the offense, or a similar |
7 | | out-of-state offense; or |
8 | | (ii) a statutory summary suspension or revocation |
9 | | under Section
11-501.1; or |
10 | | (iii) a suspension under Section 6-203.1; |
11 | | arising out of
separate occurrences; that person, if |
12 | | issued a restricted driving permit, may
not operate a |
13 | | vehicle unless it has been
equipped with an ignition |
14 | | interlock device as defined in Section 1-129.1. |
15 | | (B-5) If a person's license or permit is revoked or |
16 | | suspended due to a conviction for a violation of |
17 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
18 | | of Section 11-501 of this Code, or a similar provision of a |
19 | | local ordinance or similar out-of-state offense, that |
20 | | person, if issued a restricted driving permit, may not |
21 | | operate a vehicle unless it has been equipped with an |
22 | | ignition interlock device as defined in Section 1-129.1. |
23 | | (C)
The person issued a permit conditioned upon the |
24 | | use of an ignition interlock device must pay to the |
25 | | Secretary of State DUI Administration Fund an amount
not |
26 | | to exceed $30 per month. The Secretary shall establish by |
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1 | | rule the amount
and the procedures, terms, and conditions |
2 | | relating to these fees. |
3 | | (D) If the
restricted driving permit is issued for |
4 | | employment purposes, then the prohibition against |
5 | | operating a motor vehicle that is not equipped with an |
6 | | ignition interlock device does not apply to the operation |
7 | | of an occupational vehicle owned or
leased by that |
8 | | person's employer when used solely for employment |
9 | | purposes. For any person who, within a 5-year period, is |
10 | | convicted of a second or subsequent offense under Section |
11 | | 11-501 of this Code, or a similar provision of a local |
12 | | ordinance or similar out-of-state offense, this employment |
13 | | exemption does not apply until either a one-year period |
14 | | has elapsed during which that person had his or her |
15 | | driving privileges revoked or a one-year period has |
16 | | elapsed during which that person had a restricted driving |
17 | | permit which required the use of an ignition interlock |
18 | | device on every motor vehicle owned or operated by that |
19 | | person. |
20 | | (E) In each case the Secretary may issue a
restricted |
21 | | driving permit for a period deemed appropriate, except |
22 | | that all
permits shall expire no later than 2 years from |
23 | | the date of issuance. A
restricted driving permit issued |
24 | | under this Section shall be subject to
cancellation, |
25 | | revocation, and suspension by the Secretary of State in |
26 | | like
manner and for like cause as a driver's license |
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1 | | issued under this Code may be
cancelled, revoked, or |
2 | | suspended; except that a conviction upon one or more
|
3 | | offenses against laws or ordinances regulating the |
4 | | movement of traffic
shall be deemed sufficient cause for |
5 | | the revocation, suspension, or
cancellation of a |
6 | | restricted driving permit. The Secretary of State may, as
|
7 | | a condition to the issuance of a restricted driving |
8 | | permit, require the
applicant to participate in a |
9 | | designated driver remedial or rehabilitative
program. The |
10 | | Secretary of State is authorized to cancel a restricted
|
11 | | driving permit if the permit holder does not successfully |
12 | | complete the program.
|
13 | | (F) A person subject to the provisions of paragraph 4 |
14 | | of subsection (b) of Section 6-208 of this Code may make |
15 | | application for a restricted driving permit at a hearing |
16 | | conducted under Section 2-118 of this Code after the |
17 | | expiration of 5 years from the effective date of the most |
18 | | recent revocation or after 5 years from the date of |
19 | | release from a period of imprisonment resulting from a |
20 | | conviction of the most recent offense, whichever is later, |
21 | | provided the person, in addition to all other requirements |
22 | | of the Secretary, shows by clear and convincing evidence: |
23 | | (i) a minimum of 3 years of uninterrupted |
24 | | abstinence from alcohol and the unlawful use or |
25 | | consumption of cannabis under the Cannabis Control |
26 | | Act, a controlled substance under the Illinois |
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1 | | Controlled Substances Act, an intoxicating compound |
2 | | under the Use of Intoxicating Compounds Act, or |
3 | | methamphetamine under the Methamphetamine Control and |
4 | | Community Protection Act; and |
5 | | (ii) the successful completion of any |
6 | | rehabilitative treatment and involvement in any |
7 | | ongoing rehabilitative activity that may be |
8 | | recommended by a properly licensed service provider |
9 | | according to an assessment of the person's alcohol or |
10 | | drug use under Section 11-501.01 of this Code. |
11 | | In determining whether an applicant is eligible for a |
12 | | restricted driving permit under this subparagraph (F), the |
13 | | Secretary may consider any relevant evidence, including, |
14 | | but not limited to, testimony, affidavits, records, and |
15 | | the results of regular alcohol or drug tests. Persons |
16 | | subject to the provisions of paragraph 4 of subsection (b) |
17 | | of Section 6-208 of this Code and who have been convicted |
18 | | of more than one violation of paragraph (3), paragraph |
19 | | (4), or paragraph (5) of subsection (a) of Section 11-501 |
20 | | of this Code shall not be eligible to apply for a |
21 | | restricted driving permit under this subparagraph (F). |
22 | | A restricted driving permit issued under this |
23 | | subparagraph (F) shall provide that the holder may only |
24 | | operate motor vehicles equipped with an ignition interlock |
25 | | device as required under paragraph (2) of subsection (c) |
26 | | of Section 6-205 of this Code and subparagraph (A) of |
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1 | | paragraph 3 of subsection (c) of this Section. The |
2 | | Secretary may revoke a restricted driving permit or amend |
3 | | the conditions of a restricted driving permit issued under |
4 | | this subparagraph (F) if the holder operates a vehicle |
5 | | that is not equipped with an ignition interlock device, or |
6 | | for any other reason authorized under this Code. |
7 | | A restricted driving permit issued under this |
8 | | subparagraph (F) shall be revoked, and the holder barred |
9 | | from applying for or being issued a restricted driving |
10 | | permit in the future, if the holder is convicted of a |
11 | | violation of Section 11-501 of this Code, a similar |
12 | | provision of a local ordinance, or a similar offense in |
13 | | another state. |
14 | | (c-3) In the case of a suspension under paragraph 43 of |
15 | | subsection (a), reports received by the Secretary of State |
16 | | under this Section shall, except during the actual time the |
17 | | suspension is in effect, be privileged information and for use |
18 | | only by the courts, police officers, prosecuting authorities, |
19 | | the driver licensing administrator of any other state, the |
20 | | Secretary of State, or the parent or legal guardian of a driver |
21 | | under the age of 18. However, beginning January 1, 2008, if the |
22 | | person is a CDL holder, the suspension shall also be made |
23 | | available to the driver licensing administrator of any other |
24 | | state, the U.S. Department of Transportation, and the affected |
25 | | driver or motor
carrier or prospective motor carrier upon |
26 | | request.
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1 | | (c-4) In the case of a suspension under paragraph 43 of |
2 | | subsection (a), the Secretary of State shall notify the person |
3 | | by mail that his or her driving privileges and driver's |
4 | | license will be suspended one month after the date of the |
5 | | mailing of the notice.
|
6 | | (c-5) The Secretary of State may, as a condition of the |
7 | | reissuance of a
driver's license or permit to an applicant |
8 | | whose driver's license or permit has
been suspended before he |
9 | | or she reached the age of 21 years pursuant to any of
the |
10 | | provisions of this Section, require the applicant to |
11 | | participate in a
driver remedial education course and be |
12 | | retested under Section 6-109 of this
Code.
|
13 | | (d) This Section is subject to the provisions of the |
14 | | Driver License
Compact.
|
15 | | (e) The Secretary of State shall not issue a restricted |
16 | | driving permit to
a person under the age of 16 years whose |
17 | | driving privileges have been suspended
or revoked under any |
18 | | provisions of this Code.
|
19 | | (f) In accordance with 49 CFR 384, the Secretary of State |
20 | | may not issue a restricted driving permit for the operation of |
21 | | a commercial motor vehicle to a person holding a CDL whose |
22 | | driving privileges have been suspended, revoked, cancelled, or |
23 | | disqualified under any provisions of this Code. |
24 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
25 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
26 | | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, |
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1 | | eff. 5-13-22; revised 12-14-22.) |
2 | | (Text of Section after amendment by P.A. 102-982 ) |
3 | | Sec. 6-206. Discretionary authority to suspend or revoke |
4 | | license or
permit; right to a hearing.
|
5 | | (a) The Secretary of State is authorized to suspend or |
6 | | revoke the
driving privileges of any person without |
7 | | preliminary hearing upon a showing
of the person's records or |
8 | | other sufficient evidence that
the person:
|
9 | | 1. Has committed an offense for which mandatory |
10 | | revocation of
a driver's license or permit is required |
11 | | upon conviction;
|
12 | | 2. Has been convicted of not less than 3 offenses |
13 | | against traffic
regulations governing the movement of |
14 | | vehicles committed within any 12-month period. No |
15 | | revocation or suspension shall be entered more than
6 |
16 | | months after the date of last conviction;
|
17 | | 3. Has been repeatedly involved as a driver in motor |
18 | | vehicle
collisions or has been repeatedly convicted of |
19 | | offenses against laws and
ordinances regulating the |
20 | | movement of traffic, to a degree that
indicates lack of |
21 | | ability to exercise ordinary and reasonable care in
the |
22 | | safe operation of a motor vehicle or disrespect for the |
23 | | traffic laws
and the safety of other persons upon the |
24 | | highway;
|
25 | | 4. Has by the unlawful operation of a motor vehicle |
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1 | | caused or
contributed to a crash resulting in injury |
2 | | requiring
immediate professional treatment in a medical |
3 | | facility or doctor's office
to any person, except that any |
4 | | suspension or revocation imposed by the
Secretary of State |
5 | | under the provisions of this subsection shall start no
|
6 | | later than 6 months after being convicted of violating a |
7 | | law or
ordinance regulating the movement of traffic, which |
8 | | violation is related
to the crash, or shall start not more |
9 | | than one year
after
the date of the crash, whichever date |
10 | | occurs later;
|
11 | | 5. Has permitted an unlawful or fraudulent use of a |
12 | | driver's
license, identification card, or permit;
|
13 | | 6. Has been lawfully convicted of an offense or |
14 | | offenses in another
state, including the authorization |
15 | | contained in Section 6-203.1, which
if committed within |
16 | | this State would be grounds for suspension or revocation;
|
17 | | 7. Has refused or failed to submit to an examination |
18 | | provided for by
Section 6-207 or has failed to pass the |
19 | | examination;
|
20 | | 8. Is ineligible for a driver's license or permit |
21 | | under the provisions
of Section 6-103;
|
22 | | 9. Has made a false statement or knowingly concealed a |
23 | | material fact
or has used false information or |
24 | | identification in any application for a
license, |
25 | | identification card, or permit;
|
26 | | 10. Has possessed, displayed, or attempted to |
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1 | | fraudulently use any
license, identification card, or |
2 | | permit not issued to the person;
|
3 | | 11. Has operated a motor vehicle upon a highway of |
4 | | this State when
the person's driving privilege or |
5 | | privilege to obtain a driver's license
or permit was |
6 | | revoked or suspended unless the operation was authorized |
7 | | by
a monitoring device driving permit, judicial driving |
8 | | permit issued prior to January 1, 2009, probationary |
9 | | license to drive, or restricted
driving permit issued |
10 | | under this Code;
|
11 | | 12. Has submitted to any portion of the application |
12 | | process for
another person or has obtained the services of |
13 | | another person to submit to
any portion of the application |
14 | | process for the purpose of obtaining a
license, |
15 | | identification card, or permit for some other person;
|
16 | | 13. Has operated a motor vehicle upon a highway of |
17 | | this State when
the person's driver's license or permit |
18 | | was invalid under the provisions of
Sections 6-107.1 and
|
19 | | 6-110;
|
20 | | 14. Has committed a violation of Section 6-301, |
21 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
22 | | 14B of the Illinois Identification Card
Act or a similar |
23 | | offense in another state if, at the time of the offense, |
24 | | the person held an Illinois driver's license or |
25 | | identification card;
|
26 | | 15. Has been convicted of violating Section 21-2 of |
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1 | | the Criminal Code
of 1961 or the Criminal Code of 2012 |
2 | | relating to criminal trespass to vehicles if the person |
3 | | exercised actual physical control over the vehicle during |
4 | | the commission of the offense, in which case the |
5 | | suspension
shall be for one year;
|
6 | | 16. Has been convicted of violating Section 11-204 of |
7 | | this Code relating
to fleeing from a peace officer;
|
8 | | 17. Has refused to submit to a test, or tests, as |
9 | | required under Section
11-501.1 of this Code and the |
10 | | person has not sought a hearing as
provided for in Section |
11 | | 11-501.1;
|
12 | | 18. (Blank);
|
13 | | 19. Has committed a violation of paragraph (a) or (b) |
14 | | of Section 6-101
relating to driving without a driver's |
15 | | license;
|
16 | | 20. Has been convicted of violating Section 6-104 |
17 | | relating to
classification of driver's license;
|
18 | | 21. Has been convicted of violating Section 11-402 of
|
19 | | this Code relating to leaving the scene of a crash |
20 | | resulting in damage
to a vehicle in excess of $1,000, in |
21 | | which case the suspension shall be
for one year;
|
22 | | 22. Has used a motor vehicle in violating paragraph |
23 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
24 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
25 | | relating
to unlawful use of weapons, in which case the |
26 | | suspension shall be for one
year;
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1 | | 23. Has, as a driver, been convicted of committing a |
2 | | violation of
paragraph (a) of Section 11-502 of this Code |
3 | | for a second or subsequent
time within one year of a |
4 | | similar violation;
|
5 | | 24. Has been convicted by a court-martial or punished |
6 | | by non-judicial
punishment by military authorities of the |
7 | | United States at a military
installation in Illinois or in |
8 | | another state of or for a traffic-related offense that is |
9 | | the
same as or similar to an offense specified under |
10 | | Section 6-205 or 6-206 of
this Code;
|
11 | | 25. Has permitted any form of identification to be |
12 | | used by another in
the application process in order to |
13 | | obtain or attempt to obtain a license,
identification |
14 | | card, or permit;
|
15 | | 26. Has altered or attempted to alter a license or has |
16 | | possessed an
altered license, identification card, or |
17 | | permit;
|
18 | | 27. (Blank);
|
19 | | 28. Has been convicted for a first time of the illegal |
20 | | possession, while operating or
in actual physical control, |
21 | | as a driver, of a motor vehicle, of any
controlled |
22 | | substance prohibited under the Illinois Controlled |
23 | | Substances
Act, any cannabis prohibited under the Cannabis |
24 | | Control
Act, or any methamphetamine prohibited under the |
25 | | Methamphetamine Control and Community Protection Act, in |
26 | | which case the person's driving privileges shall be |
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1 | | suspended for
one year.
Any defendant found guilty of this |
2 | | offense while operating a motor vehicle
shall have an |
3 | | entry made in the court record by the presiding judge that
|
4 | | this offense did occur while the defendant was operating a |
5 | | motor vehicle
and order the clerk of the court to report |
6 | | the violation to the Secretary
of State;
|
7 | | 29. Has been convicted of the following offenses that |
8 | | were committed
while the person was operating or in actual |
9 | | physical control, as a driver,
of a motor vehicle: |
10 | | criminal sexual assault,
predatory criminal sexual assault |
11 | | of a child,
aggravated criminal sexual
assault, criminal |
12 | | sexual abuse, aggravated criminal sexual abuse, juvenile
|
13 | | pimping, soliciting for a sexually exploited child |
14 | | juvenile prostitute , promoting commercial sexual |
15 | | exploitation of a child juvenile prostitution as described |
16 | | in subdivision (a)(1), (a)(2), or (a)(3) of Section |
17 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code |
18 | | of 2012, and the manufacture, sale or
delivery of |
19 | | controlled substances or instruments used for illegal drug |
20 | | use
or abuse in which case the driver's driving privileges |
21 | | shall be suspended
for one year;
|
22 | | 30. Has been convicted a second or subsequent time for |
23 | | any
combination of the offenses named in paragraph 29 of |
24 | | this subsection,
in which case the person's driving |
25 | | privileges shall be suspended for 5
years;
|
26 | | 31. Has refused to submit to a test as
required by |
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1 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
2 | | Registration and Safety Act or has submitted to a test |
3 | | resulting in
an alcohol concentration of 0.08 or more or |
4 | | any amount of a drug, substance, or
compound resulting |
5 | | from the unlawful use or consumption of cannabis as listed
|
6 | | in the Cannabis Control Act, a controlled substance as |
7 | | listed in the Illinois
Controlled Substances Act, an |
8 | | intoxicating compound as listed in the Use of
Intoxicating |
9 | | Compounds Act, or methamphetamine as listed in the |
10 | | Methamphetamine Control and Community Protection Act, in |
11 | | which case the penalty shall be
as prescribed in Section |
12 | | 6-208.1;
|
13 | | 32. Has been convicted of Section 24-1.2 of the |
14 | | Criminal Code of
1961 or the Criminal Code of 2012 |
15 | | relating to the aggravated discharge of a firearm if the |
16 | | offender was
located in a motor vehicle at the time the |
17 | | firearm was discharged, in which
case the suspension shall |
18 | | be for 3 years;
|
19 | | 33. Has as a driver, who was less than 21 years of age |
20 | | on the date of
the offense, been convicted a first time of |
21 | | a violation of paragraph (a) of
Section 11-502 of this |
22 | | Code or a similar provision of a local ordinance;
|
23 | | 34. Has committed a violation of Section 11-1301.5 of |
24 | | this Code or a similar provision of a local ordinance;
|
25 | | 35. Has committed a violation of Section 11-1301.6 of |
26 | | this Code or a similar provision of a local ordinance;
|
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1 | | 36. Is under the age of 21 years at the time of arrest |
2 | | and has been
convicted of not less than 2 offenses against |
3 | | traffic regulations governing
the movement of vehicles |
4 | | committed within any 24-month period. No revocation
or |
5 | | suspension shall be entered more than 6 months after the |
6 | | date of last
conviction;
|
7 | | 37. Has committed a violation of subsection (c) of |
8 | | Section 11-907 of this
Code that resulted in damage to the |
9 | | property of another or the death or injury of another;
|
10 | | 38. Has been convicted of a violation of Section 6-20 |
11 | | of the Liquor
Control Act of 1934 or a similar provision of |
12 | | a local ordinance and the person was an occupant of a motor |
13 | | vehicle at the time of the violation;
|
14 | | 39. Has committed a second or subsequent violation of |
15 | | Section
11-1201 of this Code;
|
16 | | 40. Has committed a violation of subsection (a-1) of |
17 | | Section 11-908 of
this Code; |
18 | | 41. Has committed a second or subsequent violation of |
19 | | Section 11-605.1 of this Code, a similar provision of a |
20 | | local ordinance, or a similar violation in any other state |
21 | | within 2 years of the date of the previous violation, in |
22 | | which case the suspension shall be for 90 days; |
23 | | 42. Has committed a violation of subsection (a-1) of |
24 | | Section 11-1301.3 of this Code or a similar provision of a |
25 | | local ordinance;
|
26 | | 43. Has received a disposition of court supervision |
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1 | | for a violation of subsection (a), (d), or (e) of Section |
2 | | 6-20 of the Liquor
Control Act of 1934 or a similar |
3 | | provision of a local ordinance and the person was an |
4 | | occupant of a motor vehicle at the time of the violation, |
5 | | in which case the suspension shall be for a period of 3 |
6 | | months;
|
7 | | 44.
Is under the age of 21 years at the time of arrest |
8 | | and has been convicted of an offense against traffic |
9 | | regulations governing the movement of vehicles after |
10 | | having previously had his or her driving privileges
|
11 | | suspended or revoked pursuant to subparagraph 36 of this |
12 | | Section; |
13 | | 45.
Has, in connection with or during the course of a |
14 | | formal hearing conducted under Section 2-118 of this Code: |
15 | | (i) committed perjury; (ii) submitted fraudulent or |
16 | | falsified documents; (iii) submitted documents that have |
17 | | been materially altered; or (iv) submitted, as his or her |
18 | | own, documents that were in fact prepared or composed for |
19 | | another person; |
20 | | 46. Has committed a violation of subsection (j) of |
21 | | Section 3-413 of this Code;
|
22 | | 47. Has committed a violation of subsection (a) of |
23 | | Section 11-502.1 of this Code; |
24 | | 48. Has submitted a falsified or altered medical |
25 | | examiner's certificate to the Secretary of State or |
26 | | provided false information to obtain a medical examiner's |
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1 | | certificate; |
2 | | 49. Has been convicted of a violation of Section |
3 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
4 | | another, in which case the driving privileges of the |
5 | | person shall be suspended for 12 months; |
6 | | 50. Has committed a violation of subsection (b-5) of |
7 | | Section 12-610.2 that resulted in great bodily harm, |
8 | | permanent disability, or disfigurement, in which case the |
9 | | driving privileges of the person shall be suspended for 12 |
10 | | months; |
11 | | 51. Has committed a violation of Section 10-15 Of the |
12 | | Cannabis Regulation and Tax Act or a similar provision of |
13 | | a local ordinance while in a motor vehicle; or |
14 | | 52. Has committed a violation of subsection (b) of |
15 | | Section 10-20 of the Cannabis Regulation and Tax Act or a |
16 | | similar provision of a local ordinance. |
17 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
18 | | and 27 of this
subsection, license means any driver's license, |
19 | | any traffic ticket issued when
the person's driver's license |
20 | | is deposited in lieu of bail, a suspension
notice issued by the |
21 | | Secretary of State, a duplicate or corrected driver's
license, |
22 | | a probationary driver's license, or a temporary driver's |
23 | | license. |
24 | | (b) If any conviction forming the basis of a suspension or
|
25 | | revocation authorized under this Section is appealed, the
|
26 | | Secretary of State may rescind or withhold the entry of the |
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1 | | order of suspension
or revocation, as the case may be, |
2 | | provided that a certified copy of a stay
order of a court is |
3 | | filed with the Secretary of State. If the conviction is
|
4 | | affirmed on appeal, the date of the conviction shall relate |
5 | | back to the time
the original judgment of conviction was |
6 | | entered and the 6-month limitation
prescribed shall not apply.
|
7 | | (c) 1. Upon suspending or revoking the driver's license or |
8 | | permit of
any person as authorized in this Section, the |
9 | | Secretary of State shall
immediately notify the person in |
10 | | writing of the revocation or suspension.
The notice to be |
11 | | deposited in the United States mail, postage prepaid,
to the |
12 | | last known address of the person.
|
13 | | 2. If the Secretary of State suspends the driver's license
|
14 | | of a person under subsection 2 of paragraph (a) of this |
15 | | Section, a
person's privilege to operate a vehicle as an |
16 | | occupation shall not be
suspended, provided an affidavit is |
17 | | properly completed, the appropriate fee
received, and a permit |
18 | | issued prior to the effective date of the
suspension, unless 5 |
19 | | offenses were committed, at least 2 of which occurred
while |
20 | | operating a commercial vehicle in connection with the driver's
|
21 | | regular occupation. All other driving privileges shall be |
22 | | suspended by the
Secretary of State. Any driver prior to |
23 | | operating a vehicle for
occupational purposes only must submit |
24 | | the affidavit on forms to be
provided by the Secretary of State |
25 | | setting forth the facts of the person's
occupation. The |
26 | | affidavit shall also state the number of offenses
committed |
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1 | | while operating a vehicle in connection with the driver's |
2 | | regular
occupation. The affidavit shall be accompanied by the |
3 | | driver's license.
Upon receipt of a properly completed |
4 | | affidavit, the Secretary of State
shall issue the driver a |
5 | | permit to operate a vehicle in connection with the
driver's |
6 | | regular occupation only. Unless the permit is issued by the
|
7 | | Secretary of State prior to the date of suspension, the |
8 | | privilege to drive
any motor vehicle shall be suspended as set |
9 | | forth in the notice that was
mailed under this Section. If an |
10 | | affidavit is received subsequent to the
effective date of this |
11 | | suspension, a permit may be issued for the remainder
of the |
12 | | suspension period.
|
13 | | The provisions of this subparagraph shall not apply to any |
14 | | driver
required to possess a CDL for the purpose of operating a |
15 | | commercial motor vehicle.
|
16 | | Any person who falsely states any fact in the affidavit |
17 | | required
herein shall be guilty of perjury under Section 6-302 |
18 | | and upon conviction
thereof shall have all driving privileges |
19 | | revoked without further rights.
|
20 | | 3. At the conclusion of a hearing under Section 2-118 of |
21 | | this Code,
the Secretary of State shall either rescind or |
22 | | continue an order of
revocation or shall substitute an order |
23 | | of suspension; or, good
cause appearing therefor, rescind, |
24 | | continue, change, or extend the
order of suspension. If the |
25 | | Secretary of State does not rescind the order,
the Secretary |
26 | | may upon application,
to relieve undue hardship (as defined by |
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1 | | the rules of the Secretary of State), issue
a restricted |
2 | | driving permit granting the privilege of driving a motor
|
3 | | vehicle between the petitioner's residence and petitioner's |
4 | | place of
employment or within the scope of the petitioner's |
5 | | employment-related duties, or to
allow the petitioner to |
6 | | transport himself or herself, or a family member of the
|
7 | | petitioner's household to a medical facility, to receive |
8 | | necessary medical care, to allow the petitioner to transport |
9 | | himself or herself to and from alcohol or drug
remedial or |
10 | | rehabilitative activity recommended by a licensed service |
11 | | provider, or to allow the petitioner to transport himself or |
12 | | herself or a family member of the petitioner's household to |
13 | | classes, as a student, at an accredited educational |
14 | | institution, or to allow the petitioner to transport children, |
15 | | elderly persons, or persons with disabilities who do not hold |
16 | | driving privileges and are living in the petitioner's |
17 | | household to and from daycare. The
petitioner must demonstrate |
18 | | that no alternative means of
transportation is reasonably |
19 | | available and that the petitioner will not endanger
the public |
20 | | safety or welfare.
|
21 | | (A) If a person's license or permit is revoked or |
22 | | suspended due to 2
or more convictions of violating |
23 | | Section 11-501 of this Code or a similar
provision of a |
24 | | local ordinance or a similar out-of-state offense, or |
25 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
26 | | Code of 2012, where the use of alcohol or other drugs is |
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1 | | recited as an element of the offense, or a similar |
2 | | out-of-state offense, or a combination of these offenses, |
3 | | arising out
of separate occurrences, that person, if |
4 | | issued a restricted driving permit,
may not operate a |
5 | | vehicle unless it has been equipped with an ignition
|
6 | | interlock device as defined in Section 1-129.1.
|
7 | | (B) If a person's license or permit is revoked or |
8 | | suspended 2 or more
times due to any combination of: |
9 | | (i) a single conviction of violating Section
|
10 | | 11-501 of this Code or a similar provision of a local |
11 | | ordinance or a similar
out-of-state offense or Section |
12 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
13 | | of 2012, where the use of alcohol or other drugs is |
14 | | recited as an element of the offense, or a similar |
15 | | out-of-state offense; or |
16 | | (ii) a statutory summary suspension or revocation |
17 | | under Section
11-501.1; or |
18 | | (iii) a suspension under Section 6-203.1; |
19 | | arising out of
separate occurrences; that person, if |
20 | | issued a restricted driving permit, may
not operate a |
21 | | vehicle unless it has been
equipped with an ignition |
22 | | interlock device as defined in Section 1-129.1. |
23 | | (B-5) If a person's license or permit is revoked or |
24 | | suspended due to a conviction for a violation of |
25 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
26 | | of Section 11-501 of this Code, or a similar provision of a |
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1 | | local ordinance or similar out-of-state offense, that |
2 | | person, if issued a restricted driving permit, may not |
3 | | operate a vehicle unless it has been equipped with an |
4 | | ignition interlock device as defined in Section 1-129.1. |
5 | | (C)
The person issued a permit conditioned upon the |
6 | | use of an ignition interlock device must pay to the |
7 | | Secretary of State DUI Administration Fund an amount
not |
8 | | to exceed $30 per month. The Secretary shall establish by |
9 | | rule the amount
and the procedures, terms, and conditions |
10 | | relating to these fees. |
11 | | (D) If the
restricted driving permit is issued for |
12 | | employment purposes, then the prohibition against |
13 | | operating a motor vehicle that is not equipped with an |
14 | | ignition interlock device does not apply to the operation |
15 | | of an occupational vehicle owned or
leased by that |
16 | | person's employer when used solely for employment |
17 | | purposes. For any person who, within a 5-year period, is |
18 | | convicted of a second or subsequent offense under Section |
19 | | 11-501 of this Code, or a similar provision of a local |
20 | | ordinance or similar out-of-state offense, this employment |
21 | | exemption does not apply until either a one-year period |
22 | | has elapsed during which that person had his or her |
23 | | driving privileges revoked or a one-year period has |
24 | | elapsed during which that person had a restricted driving |
25 | | permit which required the use of an ignition interlock |
26 | | device on every motor vehicle owned or operated by that |
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1 | | person. |
2 | | (E) In each case the Secretary may issue a
restricted |
3 | | driving permit for a period deemed appropriate, except |
4 | | that all
permits shall expire no later than 2 years from |
5 | | the date of issuance. A
restricted driving permit issued |
6 | | under this Section shall be subject to
cancellation, |
7 | | revocation, and suspension by the Secretary of State in |
8 | | like
manner and for like cause as a driver's license |
9 | | issued under this Code may be
cancelled, revoked, or |
10 | | suspended; except that a conviction upon one or more
|
11 | | offenses against laws or ordinances regulating the |
12 | | movement of traffic
shall be deemed sufficient cause for |
13 | | the revocation, suspension, or
cancellation of a |
14 | | restricted driving permit. The Secretary of State may, as
|
15 | | a condition to the issuance of a restricted driving |
16 | | permit, require the
applicant to participate in a |
17 | | designated driver remedial or rehabilitative
program. The |
18 | | Secretary of State is authorized to cancel a restricted
|
19 | | driving permit if the permit holder does not successfully |
20 | | complete the program.
|
21 | | (F) A person subject to the provisions of paragraph 4 |
22 | | of subsection (b) of Section 6-208 of this Code may make |
23 | | application for a restricted driving permit at a hearing |
24 | | conducted under Section 2-118 of this Code after the |
25 | | expiration of 5 years from the effective date of the most |
26 | | recent revocation or after 5 years from the date of |
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1 | | release from a period of imprisonment resulting from a |
2 | | conviction of the most recent offense, whichever is later, |
3 | | provided the person, in addition to all other requirements |
4 | | of the Secretary, shows by clear and convincing evidence: |
5 | | (i) a minimum of 3 years of uninterrupted |
6 | | abstinence from alcohol and the unlawful use or |
7 | | consumption of cannabis under the Cannabis Control |
8 | | Act, a controlled substance under the Illinois |
9 | | Controlled Substances Act, an intoxicating compound |
10 | | under the Use of Intoxicating Compounds Act, or |
11 | | methamphetamine under the Methamphetamine Control and |
12 | | Community Protection Act; and |
13 | | (ii) the successful completion of any |
14 | | rehabilitative treatment and involvement in any |
15 | | ongoing rehabilitative activity that may be |
16 | | recommended by a properly licensed service provider |
17 | | according to an assessment of the person's alcohol or |
18 | | drug use under Section 11-501.01 of this Code. |
19 | | In determining whether an applicant is eligible for a |
20 | | restricted driving permit under this subparagraph (F), the |
21 | | Secretary may consider any relevant evidence, including, |
22 | | but not limited to, testimony, affidavits, records, and |
23 | | the results of regular alcohol or drug tests. Persons |
24 | | subject to the provisions of paragraph 4 of subsection (b) |
25 | | of Section 6-208 of this Code and who have been convicted |
26 | | of more than one violation of paragraph (3), paragraph |
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1 | | (4), or paragraph (5) of subsection (a) of Section 11-501 |
2 | | of this Code shall not be eligible to apply for a |
3 | | restricted driving permit under this subparagraph (F). |
4 | | A restricted driving permit issued under this |
5 | | subparagraph (F) shall provide that the holder may only |
6 | | operate motor vehicles equipped with an ignition interlock |
7 | | device as required under paragraph (2) of subsection (c) |
8 | | of Section 6-205 of this Code and subparagraph (A) of |
9 | | paragraph 3 of subsection (c) of this Section. The |
10 | | Secretary may revoke a restricted driving permit or amend |
11 | | the conditions of a restricted driving permit issued under |
12 | | this subparagraph (F) if the holder operates a vehicle |
13 | | that is not equipped with an ignition interlock device, or |
14 | | for any other reason authorized under this Code. |
15 | | A restricted driving permit issued under this |
16 | | subparagraph (F) shall be revoked, and the holder barred |
17 | | from applying for or being issued a restricted driving |
18 | | permit in the future, if the holder is convicted of a |
19 | | violation of Section 11-501 of this Code, a similar |
20 | | provision of a local ordinance, or a similar offense in |
21 | | another state. |
22 | | (c-3) In the case of a suspension under paragraph 43 of |
23 | | subsection (a), reports received by the Secretary of State |
24 | | under this Section shall, except during the actual time the |
25 | | suspension is in effect, be privileged information and for use |
26 | | only by the courts, police officers, prosecuting authorities, |
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1 | | the driver licensing administrator of any other state, the |
2 | | Secretary of State, or the parent or legal guardian of a driver |
3 | | under the age of 18. However, beginning January 1, 2008, if the |
4 | | person is a CDL holder, the suspension shall also be made |
5 | | available to the driver licensing administrator of any other |
6 | | state, the U.S. Department of Transportation, and the affected |
7 | | driver or motor
carrier or prospective motor carrier upon |
8 | | request.
|
9 | | (c-4) In the case of a suspension under paragraph 43 of |
10 | | subsection (a), the Secretary of State shall notify the person |
11 | | by mail that his or her driving privileges and driver's |
12 | | license will be suspended one month after the date of the |
13 | | mailing of the notice.
|
14 | | (c-5) The Secretary of State may, as a condition of the |
15 | | reissuance of a
driver's license or permit to an applicant |
16 | | whose driver's license or permit has
been suspended before he |
17 | | or she reached the age of 21 years pursuant to any of
the |
18 | | provisions of this Section, require the applicant to |
19 | | participate in a
driver remedial education course and be |
20 | | retested under Section 6-109 of this
Code.
|
21 | | (d) This Section is subject to the provisions of the |
22 | | Driver License
Compact.
|
23 | | (e) The Secretary of State shall not issue a restricted |
24 | | driving permit to
a person under the age of 16 years whose |
25 | | driving privileges have been suspended
or revoked under any |
26 | | provisions of this Code.
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1 | | (f) In accordance with 49 CFR 384, the Secretary of State |
2 | | may not issue a restricted driving permit for the operation of |
3 | | a commercial motor vehicle to a person holding a CDL whose |
4 | | driving privileges have been suspended, revoked, cancelled, or |
5 | | disqualified under any provisions of this Code. |
6 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
7 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
8 | | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, |
9 | | eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.) |
10 | | Section 50. The Juvenile Court Act of 1987 is amended by |
11 | | changing Section 2-3 as follows: |
12 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) |
13 | | Sec. 2-3. Neglected or abused minor. |
14 | | (1) Those who are neglected include: |
15 | | (a) any minor under 18 years of age or a minor 18 years |
16 | | of age or older for whom the court has made a finding of |
17 | | probable cause to believe that the minor is abused, |
18 | | neglected, or dependent under subsection (1) of Section |
19 | | 2-10 prior to the minor's 18th birthday who is not |
20 | | receiving
the proper or necessary support, education as
|
21 | | required by law, or medical or other remedial care |
22 | | recognized under
State law as necessary for a minor's |
23 | | well-being, or other care necessary
for his or her |
24 | | well-being, including adequate food, clothing and shelter,
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1 | | or who is abandoned by his or her parent or parents or |
2 | | other person or persons responsible for
the minor's |
3 | | welfare, except that a minor shall not be considered |
4 | | neglected
for the sole reason that the minor's parent or |
5 | | parents or other person or persons responsible for the
|
6 | | minor's welfare have left the minor in the care of an adult |
7 | | relative for any
period of time, who the parent or parents |
8 | | or other person responsible for the minor's welfare know |
9 | | is both a mentally capable adult relative and physically |
10 | | capable adult relative, as defined by this Act; or |
11 | | (b) any minor under 18 years of age or a minor 18 years |
12 | | of age or older for whom the court has made a finding of |
13 | | probable cause to believe that the minor is abused, |
14 | | neglected, or dependent under subsection (1) of Section |
15 | | 2-10 prior to the minor's 18th birthday whose environment |
16 | | is injurious
to his or her welfare; or |
17 | | (c) any newborn infant whose blood, urine, or meconium
|
18 | | contains any amount of a
controlled substance as defined |
19 | | in subsection (f) of Section 102 of the
Illinois |
20 | | Controlled Substances Act, as now or hereafter amended, or |
21 | | a
metabolite of a controlled substance, with the exception |
22 | | of controlled
substances or metabolites of such |
23 | | substances, the presence of which in the
newborn infant is |
24 | | the result of medical treatment administered to the
mother |
25 | | or the newborn infant; or |
26 | | (d) any minor under the age of 14 years whose parent or |
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1 | | other person
responsible for the minor's welfare leaves |
2 | | the minor without
supervision for an unreasonable period |
3 | | of time without regard for the mental or
physical health, |
4 | | safety, or welfare of that minor; or |
5 | | (e) any minor who has been provided with interim |
6 | | crisis intervention
services under Section 3-5 of this Act |
7 | | and whose parent, guardian, or custodian
refuses to permit |
8 | | the minor to return home unless the minor is an immediate |
9 | | physical danger to himself, herself, or others living in |
10 | | the home.
|
11 | | Whether the minor was left without regard for the mental |
12 | | or physical health,
safety, or welfare of that minor or the |
13 | | period of time was unreasonable shall
be determined by |
14 | | considering the following factors, including but not limited
|
15 | | to: |
16 | | (1) the age of the minor; |
17 | | (2) the number of minors left at the location; |
18 | | (3) special needs of the minor, including whether the |
19 | | minor is a person with a physical or mental disability, or |
20 | | otherwise in need of ongoing prescribed medical
treatment |
21 | | such as periodic doses of insulin or other medications; |
22 | | (4) the duration of time in which the minor was left |
23 | | without supervision; |
24 | | (5) the condition and location of the place where the |
25 | | minor was left
without supervision; |
26 | | (6) the time of day or night when the minor was left |
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1 | | without supervision; |
2 | | (7) the weather conditions, including whether the |
3 | | minor was left in a
location with adequate protection from |
4 | | the natural elements such as adequate
heat or light; |
5 | | (8) the location of the parent or guardian at the time |
6 | | the minor was left
without supervision, the physical |
7 | | distance the minor was from the parent or
guardian at the |
8 | | time the minor was without supervision; |
9 | | (9) whether the minor's movement was restricted, or |
10 | | the minor was
otherwise locked within a room or other |
11 | | structure; |
12 | | (10) whether the minor was given a phone number of a |
13 | | person or location to
call in the event of an emergency and |
14 | | whether the minor was capable of making
an emergency call; |
15 | | (11) whether there was food and other provision left |
16 | | for the minor; |
17 | | (12) whether any of the conduct is attributable to |
18 | | economic hardship or
illness and the parent, guardian or |
19 | | other person having physical custody or
control of the |
20 | | child made a good faith effort to provide for the health |
21 | | and
safety of the minor; |
22 | | (13) the age and physical and mental capabilities of |
23 | | the person or persons
who provided supervision for the |
24 | | minor; |
25 | | (14) whether the minor was left under the supervision |
26 | | of another person; |
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1 | | (15) any other factor that would endanger the health |
2 | | and safety of that
particular minor. |
3 | | A minor shall not be considered neglected for the sole |
4 | | reason that the
minor has been relinquished in accordance with |
5 | | the Abandoned Newborn Infant
Protection Act. |
6 | | (2) Those who are abused include any minor under 18 years |
7 | | of age or a minor 18 years of age or older for whom the court |
8 | | has made a finding of probable cause to believe that the minor |
9 | | is abused, neglected, or dependent under subsection (1) of |
10 | | Section 2-10 prior to the minor's 18th birthday whose
parent |
11 | | or immediate family member, or any person responsible
for the |
12 | | minor's welfare, or any person who is in the same family or |
13 | | household
as the minor, or any individual residing in the same |
14 | | home as the minor, or
a paramour of the minor's parent: |
15 | | (i) inflicts, causes to be inflicted, or allows to be |
16 | | inflicted upon
such minor physical injury, by other than |
17 | | accidental means, which causes death,
disfigurement, |
18 | | impairment of physical or emotional health, or loss or
|
19 | | impairment of any bodily function; |
20 | | (ii) creates a substantial risk of physical injury to |
21 | | such minor by
other than accidental means which would be |
22 | | likely to cause death,
disfigurement, impairment of |
23 | | emotional health, or loss or impairment of any
bodily |
24 | | function; |
25 | | (iii) commits or allows to be committed any sex |
26 | | offense against such
minor, as such sex offenses are |
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1 | | defined in the Criminal Code of 1961 or the Criminal Code |
2 | | of 2012, or in the Wrongs to Children Act, and extending |
3 | | those definitions of sex offenses to include minors
under |
4 | | 18 years of age; |
5 | | (iv) commits or allows to be committed an act or acts |
6 | | of torture upon
such minor; |
7 | | (v) inflicts excessive corporal punishment; |
8 | | (vi) commits or allows to be committed the offense of |
9 | | involuntary servitude, involuntary sexual servitude of a |
10 | | minor, or trafficking in persons as defined in Section |
11 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of |
12 | | 2012, upon such minor; or |
13 | | (vii) allows, encourages or requires a minor to commit |
14 | | any act of commercial sexual activity prostitution , as |
15 | | defined in the Criminal Code of 1961 or the Criminal Code |
16 | | of 2012, and extending those definitions to include minors |
17 | | under 18 years of age. |
18 | | A minor shall not be considered abused for the sole reason |
19 | | that the minor
has been relinquished in accordance with the |
20 | | Abandoned Newborn Infant
Protection Act. |
21 | | (3) This Section does not apply to a minor who would be |
22 | | included
herein solely for the purpose of qualifying for |
23 | | financial assistance for
himself, his parents, guardian or |
24 | | custodian. |
25 | | (4) The changes made by this amendatory Act of the 101st |
26 | | General Assembly apply to a case that is pending on or after |
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1 | | the effective date of this amendatory Act of the 101st General |
2 | | Assembly. |
3 | | (Source: P.A. 101-79, eff. 7-12-19.) |
4 | | Section 55. The Criminal Code of 2012 is amended by |
5 | | changing Sections 1-6, 3-6, 8-2, 10-9, 11-0.1, 11-9.1A, |
6 | | 11-9.3, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-18, 11-18.1, |
7 | | 14-3, 33G-3, and 36-1 and the heading of subdivision 15 of |
8 | | Article 11 as follows:
|
9 | | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
|
10 | | Sec. 1-6. Place of trial.
|
11 | | (a) Generally.
|
12 | | Criminal actions shall be tried
in the county where the |
13 | | offense was committed, except as otherwise provided
by law. |
14 | | The State is not required to prove during trial that the |
15 | | alleged
offense occurred in any particular county in this |
16 | | State. When a defendant
contests the place of trial under this |
17 | | Section, all proceedings regarding this
issue shall be |
18 | | conducted under Section 114-1 of the Code of Criminal |
19 | | Procedure
of 1963. All objections of improper place of trial |
20 | | are waived by a defendant
unless made before trial.
|
21 | | (b) Assailant and Victim in Different Counties.
|
22 | | If a person committing an offense upon the person of |
23 | | another is
located in one county and his victim is located in |
24 | | another county at the
time of the commission of the offense, |
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1 | | trial may be had in either of
said counties.
|
2 | | (c) Death and Cause of Death in Different Places or |
3 | | Undetermined.
|
4 | | If cause of death is inflicted in one county and death |
5 | | ensues in
another county, the offender may be tried in either |
6 | | county. If neither
the county in which the cause of death was |
7 | | inflicted nor the county in which
death ensued are known |
8 | | before trial, the offender may be tried in the county
where the |
9 | | body was found.
|
10 | | (d) Offense Commenced Outside the State.
|
11 | | If the commission of an offense commenced outside the |
12 | | State is
consummated within this State, the offender shall be |
13 | | tried in the county
where the offense is consummated.
|
14 | | (e) Offenses Committed in Bordering Navigable Waters.
|
15 | | If an offense is committed on any of the navigable waters |
16 | | bordering
on this State, the offender may be tried in any |
17 | | county adjacent to such
navigable water.
|
18 | | (f) Offenses Committed while in Transit.
|
19 | | If an offense is committed upon any railroad car, vehicle, |
20 | | watercraft
or aircraft passing within this State, and it |
21 | | cannot readily be
determined in which county the offense was |
22 | | committed, the offender may
be tried in any county through |
23 | | which such railroad car, vehicle,
watercraft or aircraft has |
24 | | passed.
|
25 | | (g) Theft.
|
26 | | A person who commits theft of property may be tried in any |
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1 | | county in
which he exerted control over such property.
|
2 | | (h) Bigamy.
|
3 | | A person who commits the offense of bigamy may be tried in |
4 | | any county
where the bigamous marriage or bigamous |
5 | | cohabitation has occurred.
|
6 | | (i) Kidnaping.
|
7 | | A person who commits the offense of kidnaping may be tried |
8 | | in any
county in which his victim has traveled or has been |
9 | | confined during the
course of the offense.
|
10 | | (j) Pandering.
|
11 | | A person who commits the offense of pandering as set forth |
12 | | in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may |
13 | | be tried in any
county in which the commercial sexual activity |
14 | | prostitution was practiced or in any county in which
any act in |
15 | | furtherance of the offense shall have been committed.
|
16 | | (k) Treason.
|
17 | | A person who commits the offense of treason may be tried in |
18 | | any
county.
|
19 | | (l) Criminal Defamation.
|
20 | | If criminal defamation is spoken, printed or written in |
21 | | one county
and is received or circulated in another or other |
22 | | counties, the offender
shall be tried in the county where the |
23 | | defamation is spoken, printed or
written. If the defamation is |
24 | | spoken, printed or written outside this
state, or the offender |
25 | | resides outside this state, the offender may be
tried in any |
26 | | county in this state in which the defamation was circulated
or |
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1 | | received.
|
2 | | (m) Inchoate Offenses.
|
3 | | A person who commits an inchoate offense may be tried in |
4 | | any county
in which any act which is an element of the offense, |
5 | | including the
agreement in conspiracy, is committed.
|
6 | | (n) Accountability for Conduct of Another.
|
7 | | Where a person in one county solicits, aids, abets, |
8 | | agrees, or
attempts to aid another in the planning or |
9 | | commission of an offense in
another county, he may be tried for |
10 | | the offense in either county.
|
11 | | (o) Child Abduction.
|
12 | | A person who commits the offense of child abduction may be |
13 | | tried in any
county in which his victim has traveled, been |
14 | | detained, concealed or
removed to during the course of the |
15 | | offense. Notwithstanding the foregoing,
unless for good cause |
16 | | shown, the preferred place of trial shall be the
county of the |
17 | | residence of the lawful custodian.
|
18 | | (p) A person who commits the offense of narcotics |
19 | | racketeering may be
tried in any county where cannabis or a |
20 | | controlled substance which is the
basis for the charge of |
21 | | narcotics racketeering was used; acquired;
transferred or |
22 | | distributed to, from or through; or any county where any act
|
23 | | was performed to further the use; acquisition, transfer or |
24 | | distribution of
said cannabis or controlled substance; any |
25 | | money, property, property
interest, or any other asset |
26 | | generated by narcotics activities was
acquired, used, sold, |
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1 | | transferred or distributed to, from or through; or,
any |
2 | | enterprise interest obtained as a result of narcotics |
3 | | racketeering was
acquired, used, transferred or distributed |
4 | | to, from or through, or where
any activity was conducted by the |
5 | | enterprise or any conduct to further the
interests of such an |
6 | | enterprise.
|
7 | | (q) A person who commits the offense of money laundering |
8 | | may be tried in
any county where any part of a financial |
9 | | transaction in criminally derived
property took place or in |
10 | | any county where any money or monetary instrument
which is the |
11 | | basis for the offense was acquired, used, sold, transferred or
|
12 | | distributed to, from or through.
|
13 | | (r) A person who commits the offense of cannabis |
14 | | trafficking or
controlled substance trafficking may be tried |
15 | | in any county. |
16 | | (s) A person who commits the offense of online sale of |
17 | | stolen property, online theft by deception, or electronic |
18 | | fencing may be tried in any county where any one or more |
19 | | elements of the offense took place, regardless of whether the |
20 | | element of the offense was the result of acts by the accused, |
21 | | the victim or by another person, and regardless of whether the |
22 | | defendant was ever physically present within the boundaries of |
23 | | the county. |
24 | | (t) A person who commits the offense of identity theft or |
25 | | aggravated identity theft may be tried in any one of the |
26 | | following counties in which: (1) the offense occurred;
(2) the |
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1 | | information used to commit the offense was illegally used;
or |
2 | | (3) the victim resides. |
3 | | (u) A person who commits the offense of financial |
4 | | exploitation of an elderly person or a person with a |
5 | | disability may be tried in any one of the following counties in |
6 | | which: (1) any part of the offense occurred; or (2) the victim |
7 | | or one of the victims reside. |
8 | | If a person is charged with more than one violation of |
9 | | identity theft or aggravated identity theft and those |
10 | | violations may be tried in more than one county, any of those |
11 | | counties is a proper venue for all of the violations.
|
12 | | (Source: P.A. 101-394, eff. 1-1-20 .)
|
13 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
|
14 | | Sec. 3-6. Extended limitations. The period within which a |
15 | | prosecution
must be commenced under the provisions of Section |
16 | | 3-5 or other applicable
statute is extended under the |
17 | | following conditions:
|
18 | | (a) A prosecution for theft involving a breach of a |
19 | | fiduciary obligation
to the aggrieved person may be commenced |
20 | | as follows:
|
21 | | (1) If the aggrieved person is a minor or a person |
22 | | under legal disability,
then during the minority or legal |
23 | | disability or within one year after the
termination |
24 | | thereof.
|
25 | | (2) In any other instance, within one year after the |
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1 | | discovery of the
offense by an aggrieved person, or by a |
2 | | person who has legal capacity to
represent an aggrieved |
3 | | person or has a legal duty to report the offense,
and is |
4 | | not himself or herself a party to the offense; or in the |
5 | | absence of such
discovery, within one year after the |
6 | | proper prosecuting officer becomes
aware of the offense. |
7 | | However, in no such case is the period of limitation
so |
8 | | extended more than 3 years beyond the expiration of the |
9 | | period otherwise
applicable.
|
10 | | (b) A prosecution for any offense based upon misconduct in |
11 | | office by a
public officer or employee may be commenced within |
12 | | one year after discovery
of the offense by a person having a |
13 | | legal duty to report such offense, or
in the absence of such |
14 | | discovery, within one year after the proper
prosecuting |
15 | | officer becomes aware of the offense. However, in no such case
|
16 | | is the period of limitation so extended more than 3 years |
17 | | beyond the
expiration of the period otherwise applicable.
|
18 | | (b-5) When the victim is under 18 years of age at the time |
19 | | of the offense, a prosecution for involuntary servitude, |
20 | | involuntary sexual servitude of a minor, or trafficking in |
21 | | persons and related offenses under Section 10-9 of this Code |
22 | | may be commenced within 25 years of the victim attaining the |
23 | | age of 18 years. |
24 | | (b-6) When the victim is 18 years of age or over at the |
25 | | time of the offense, a prosecution for involuntary servitude, |
26 | | involuntary sexual servitude of a minor, or trafficking in |
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1 | | persons and related offenses under Section 10-9 of this Code |
2 | | may be commenced within 25 years after the commission of the |
3 | | offense. |
4 | | (b-7) When the victim is under 18 years of age at the time |
5 | | of the offense, a prosecution for female genital mutilation |
6 | | may be commenced at any time. |
7 | | (c) (Blank).
|
8 | | (d) A prosecution for child pornography, aggravated child |
9 | | pornography, indecent
solicitation of a
child, soliciting for |
10 | | a sexually exploited child juvenile prostitute , juvenile |
11 | | pimping,
exploitation of a child, or promoting commercial |
12 | | sexual exploitation of a child juvenile prostitution except |
13 | | for keeping a place of commercial sexual exploitation of a |
14 | | child juvenile prostitution may be commenced within one year |
15 | | of the victim
attaining the age of 18 years. However, in no |
16 | | such case shall the time
period for prosecution expire sooner |
17 | | than 3 years after the commission of
the offense.
|
18 | | (e) Except as otherwise provided in subdivision (j), a |
19 | | prosecution for
any offense involving sexual conduct or sexual
|
20 | | penetration, as defined in Section 11-0.1 of this Code, where |
21 | | the defendant
was within a professional or fiduciary |
22 | | relationship or a purported
professional or fiduciary |
23 | | relationship with the victim at the
time of the commission of |
24 | | the offense may be commenced within one year
after the |
25 | | discovery of the offense by the victim.
|
26 | | (f) A prosecution for any offense set forth in Section 44
|
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1 | | of the Environmental Protection Act
may be commenced within 5 |
2 | | years after the discovery of such
an offense by a person or |
3 | | agency having the legal duty to report the
offense or in the |
4 | | absence of such discovery, within 5 years
after the proper |
5 | | prosecuting officer becomes aware of the offense.
|
6 | | (f-5) A prosecution for any offense set forth in Section |
7 | | 16-30 of this Code may be commenced within 5 years after the |
8 | | discovery of the offense by the victim of that offense.
|
9 | | (g) (Blank).
|
10 | | (h) (Blank).
|
11 | | (i) Except as otherwise provided in subdivision (j), a |
12 | | prosecution for
criminal sexual assault, aggravated criminal
|
13 | | sexual assault, or aggravated criminal sexual abuse may be |
14 | | commenced at any time. If the victim consented to the |
15 | | collection of evidence using an Illinois State Police Sexual |
16 | | Assault Evidence Collection Kit under the Sexual Assault |
17 | | Survivors Emergency Treatment Act, it shall constitute |
18 | | reporting for purposes of this Section.
|
19 | | Nothing in this subdivision (i) shall be construed to
|
20 | | shorten a period within which a prosecution must be commenced |
21 | | under any other
provision of this Section.
|
22 | | (i-5) A prosecution for armed robbery, home invasion, |
23 | | kidnapping, or aggravated kidnaping may be commenced within 10 |
24 | | years of the commission of the offense if it arises out of the |
25 | | same course of conduct and meets the criteria under one of the |
26 | | offenses in subsection (i) of this Section. |
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1 | | (j) (1) When the victim is under 18 years of age at the |
2 | | time of the offense, a
prosecution
for criminal sexual |
3 | | assault, aggravated criminal sexual assault, predatory
|
4 | | criminal sexual assault of a child, aggravated criminal sexual |
5 | | abuse, felony criminal sexual abuse, or female genital |
6 | | mutilation may be commenced at any time. |
7 | | (2) When in circumstances other than as described in |
8 | | paragraph (1) of this subsection (j), when the victim is under |
9 | | 18 years of age at the time of the offense, a prosecution for |
10 | | failure of a person who is required to report an alleged
or |
11 | | suspected commission of criminal sexual assault, aggravated |
12 | | criminal sexual assault, predatory criminal sexual assault of |
13 | | a child, aggravated criminal sexual abuse, or felony criminal |
14 | | sexual abuse under the Abused and Neglected
Child Reporting |
15 | | Act may be
commenced within 20 years after the child victim |
16 | | attains 18
years of age. |
17 | | (3) When the victim is under 18 years of age at the time of |
18 | | the offense, a
prosecution
for misdemeanor criminal sexual |
19 | | abuse may be
commenced within 10 years after the child victim |
20 | | attains 18
years of age.
|
21 | | (4) Nothing in this subdivision (j) shall be construed to
|
22 | | shorten a period within which a prosecution must be commenced |
23 | | under any other
provision of this Section.
|
24 | | (j-5) A prosecution for armed robbery, home invasion, |
25 | | kidnapping, or aggravated kidnaping may be commenced at any |
26 | | time if it arises out of the same course of conduct and meets |
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1 | | the criteria under one of the offenses in subsection (j) of |
2 | | this Section. |
3 | | (k) (Blank).
|
4 | | (l) A prosecution for any offense set forth in Section |
5 | | 26-4 of this Code may be commenced within one year after the |
6 | | discovery of the offense by the victim of that offense. |
7 | | (l-5) A prosecution for any offense involving sexual |
8 | | conduct or sexual penetration, as defined in Section 11-0.1 of |
9 | | this Code, in which the victim was 18 years of age or older at |
10 | | the time of the offense, may be commenced within one year after |
11 | | the discovery of the offense by the victim when corroborating |
12 | | physical evidence is available. The charging document shall |
13 | | state that the statute of limitations is extended under this |
14 | | subsection (l-5) and shall state the circumstances justifying |
15 | | the extension.
Nothing in this subsection (l-5) shall be |
16 | | construed to shorten a period within which a prosecution must |
17 | | be commenced under any other provision of this Section or |
18 | | Section 3-5 of this Code. |
19 | | (m) The prosecution shall not be required to prove at |
20 | | trial facts which extend the general limitations in Section |
21 | | 3-5 of this Code when the facts supporting extension of the |
22 | | period of general limitations are properly pled in the |
23 | | charging document. Any challenge relating to the extension of |
24 | | the general limitations period as defined in this Section |
25 | | shall be exclusively conducted under Section 114-1 of the Code |
26 | | of Criminal Procedure of 1963. |
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1 | | (n) A prosecution for any offense set forth in subsection |
2 | | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the |
3 | | Illinois Public Aid Code, in which the total amount of money |
4 | | involved is $5,000 or more, including the monetary value of |
5 | | food stamps and the value of commodities under Section 16-1 of |
6 | | this Code may be commenced within 5 years of the last act |
7 | | committed in furtherance of the offense. |
8 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
9 | | 101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. |
10 | | 8-20-21.)
|
11 | | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
|
12 | | Sec. 8-2. Conspiracy. |
13 | | (a) Elements of the offense.
A person commits the offense |
14 | | of conspiracy when, with intent that an offense be
committed, |
15 | | he or she agrees with another to the commission of that |
16 | | offense. No
person may be convicted of conspiracy to commit an |
17 | | offense unless an act in
furtherance of that agreement is |
18 | | alleged and proved to have been committed
by him or her or by a |
19 | | co-conspirator.
|
20 | | (b) Co-conspirators. It is not a defense to conspiracy |
21 | | that the person or persons with
whom the accused is alleged to |
22 | | have conspired:
|
23 | | (1) have not been prosecuted or convicted,
|
24 | | (2) have been convicted of a different offense,
|
25 | | (3) are not amenable to justice,
|
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1 | | (4) have been acquitted, or
|
2 | | (5) lacked the capacity to commit an offense.
|
3 | | (c) Sentence.
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4 | | (1) Except as otherwise provided in this subsection or |
5 | | Code, a person convicted of conspiracy to commit: |
6 | | (A) a Class X felony shall be sentenced for a Class |
7 | | 1 felony; |
8 | | (B) a Class 1 felony shall be sentenced for a Class |
9 | | 2 felony; |
10 | | (C) a Class 2 felony shall be sentenced for a Class |
11 | | 3 felony; |
12 | | (D) a Class 3 felony shall be sentenced for a Class |
13 | | 4 felony; |
14 | | (E) a Class 4 felony shall be sentenced for a Class |
15 | | 4 felony; and |
16 | | (F) a misdemeanor may be fined or imprisoned or |
17 | | both not to exceed the maximum provided for the |
18 | | offense that is the object of the conspiracy. |
19 | | (2) A person convicted of conspiracy to commit any of |
20 | | the following offenses shall be sentenced for a Class X |
21 | | felony: |
22 | | (A) aggravated insurance fraud conspiracy when the |
23 | | person is an organizer of the conspiracy (720 ILCS |
24 | | 5/46-4); or |
25 | | (B) aggravated governmental entity insurance fraud |
26 | | conspiracy when the person is an organizer of the |
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1 | | conspiracy (720 ILCS 5/46-4). |
2 | | (3) A person convicted of conspiracy to commit any of |
3 | | the following offenses shall be sentenced for a Class 1 |
4 | | felony: |
5 | | (A) first degree murder (720 ILCS 5/9-1); or |
6 | | (B) aggravated insurance fraud (720 ILCS 5/46-3) |
7 | | or aggravated governmental insurance fraud (720 ILCS |
8 | | 5/46-3). |
9 | | (4) A person convicted of conspiracy to commit |
10 | | insurance fraud (720 ILCS 5/46-3) or governmental entity |
11 | | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a |
12 | | Class 2 felony. |
13 | | (5) A person convicted of conspiracy to commit any of |
14 | | the following offenses shall be sentenced for a Class 3 |
15 | | felony: |
16 | | (A) soliciting for a provider of commercial sexual |
17 | | activity prostitute (720 ILCS 5/11-14.3(a)(1)); |
18 | | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or |
19 | | 5/11-14.3(a)(2)(B)); |
20 | | (C) keeping a place of commercial sexual activity |
21 | | prostitution (720 ILCS 5/11-14.3(a)(1)); |
22 | | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); |
23 | | (E) unlawful use of weapons under Section |
24 | | 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); |
25 | | (F) unlawful use of weapons under Section |
26 | | 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); |
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1 | | (G) gambling (720 ILCS 5/28-1); |
2 | | (H) keeping a gambling place (720 ILCS 5/28-3); |
3 | | (I) registration of federal gambling stamps |
4 | | violation (720 ILCS 5/28-4); |
5 | | (J) look-alike substances violation (720 ILCS |
6 | | 570/404); |
7 | | (K) miscellaneous controlled substance violation |
8 | | under Section 406(b) (720 ILCS 570/406(b)); or |
9 | | (L) an inchoate offense related to any of the |
10 | | principal offenses set forth in this item (5).
|
11 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
12 | | (720 ILCS 5/10-9) |
13 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
14 | | and related offenses. |
15 | | (a) Definitions. In this Section: |
16 | | (1) "Intimidation" has the meaning prescribed in Section |
17 | | 12-6. |
18 | | (2) "Commercial sexual activity" means any sex act on |
19 | | account of which anything of value is given, promised to, or |
20 | | received by any person.
|
21 | | (2.5) "Company" means any sole proprietorship, |
22 | | organization, association, corporation, partnership, joint |
23 | | venture, limited partnership, limited liability partnership, |
24 | | limited liability limited partnership, limited liability |
25 | | company, or other entity or business association, including |
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1 | | all wholly owned subsidiaries, majority-owned subsidiaries, |
2 | | parent companies, or affiliates of those entities or business |
3 | | associations, that exist for the purpose of making profit. |
4 | | (3) "Financial harm" includes intimidation that brings |
5 | | about financial loss, criminal usury, or employment contracts |
6 | | that violate the Frauds Act. |
7 | | (4) (Blank). |
8 | | (5) "Labor" means work of economic or financial value. |
9 | | (6) "Maintain" means, in relation to labor or services, to |
10 | | secure continued performance thereof, regardless of any |
11 | | initial agreement on the part of the victim to perform that |
12 | | type of service. |
13 | | (7) "Obtain" means, in relation to labor or services, to |
14 | | secure performance thereof. |
15 | | (7.5) "Serious harm" means any harm, whether physical or |
16 | | nonphysical, including psychological, financial, or |
17 | | reputational harm, that is sufficiently serious, under all the |
18 | | surrounding circumstances, to compel a reasonable person of |
19 | | the same background and in the same circumstances to perform |
20 | | or to continue performing labor or services in order to avoid |
21 | | incurring that harm. |
22 | | (8) "Services" means activities resulting from a |
23 | | relationship between a person and the actor in which the |
24 | | person performs activities under the supervision of or for the |
25 | | benefit of the actor. Commercial sexual activity and |
26 | | sexually-explicit performances are forms of activities that |
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1 | | are "services" under this Section. Nothing in this definition |
2 | | may be construed to legitimize or legalize commercial sexual |
3 | | activity prostitution . |
4 | | (9) "Sexually-explicit performance" means a live, |
5 | | recorded, broadcast (including over the Internet), or public |
6 | | act or show intended to arouse or satisfy the sexual desires or |
7 | | appeal to the prurient interests of patrons. |
8 | | (10) "Trafficking victim" means a person subjected to the |
9 | | practices set forth in subsection (b), (c), or (d). |
10 | | (b) Involuntary servitude. A person commits involuntary |
11 | | servitude when he or she knowingly subjects, attempts to |
12 | | subject, or engages in a conspiracy to subject another person |
13 | | to labor or services obtained or maintained through any of the |
14 | | following means, or any combination of these means: |
15 | | (1) causes or threatens to cause physical harm to any |
16 | | person; |
17 | | (2) physically restrains or threatens to physically |
18 | | restrain another person; |
19 | | (3) abuses or threatens to abuse the law or legal |
20 | | process; |
21 | | (4) knowingly destroys, conceals, removes, |
22 | | confiscates, or possesses any actual or purported passport |
23 | | or other immigration document, or any other actual or |
24 | | purported government identification document, of another |
25 | | person; |
26 | | (5) uses intimidation, or exerts financial control |
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1 | | over any person; or |
2 | | (6) uses any scheme, plan, or pattern intended to |
3 | | cause the person to believe that, if the person did not |
4 | | perform the labor or services, that person or another |
5 | | person would suffer serious harm or physical restraint. |
6 | | Sentence. Except as otherwise provided in subsection (e) |
7 | | or (f), a violation of subsection (b)(1) is a Class X felony, |
8 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) |
9 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. |
10 | | (c) Involuntary sexual servitude of a minor. A person |
11 | | commits involuntary sexual servitude of a minor when he or she |
12 | | knowingly recruits, entices, harbors, transports, provides, or |
13 | | obtains by any means, or attempts to recruit, entice, harbor, |
14 | | provide, or obtain by any means, another person under 18 years |
15 | | of age, knowing that the minor will engage in commercial |
16 | | sexual activity, a sexually-explicit performance, or the |
17 | | production of pornography, or causes or attempts to cause a |
18 | | minor to engage in one or more of those activities and: |
19 | | (1) there is no overt force or threat and the minor is |
20 | | between the ages of 17 and 18 years; |
21 | | (2) there is no overt force or threat and the minor is |
22 | | under the age of 17 years; or |
23 | | (3) there is overt force or threat. |
24 | | Sentence. Except as otherwise provided in subsection (e) |
25 | | or (f), a violation of subsection (c)(1) is a Class 1 felony, |
26 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. |
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1 | | (d) Trafficking in persons. A person commits trafficking |
2 | | in persons when he or she knowingly: (1) recruits, entices, |
3 | | harbors, transports, provides, or obtains by any means, or |
4 | | attempts to recruit, entice, harbor, transport, provide, or |
5 | | obtain by any means, another person, intending or knowing that |
6 | | the person will be subjected to involuntary servitude; or (2) |
7 | | benefits, financially or by receiving anything of value, from |
8 | | participation in a venture that has engaged in an act of |
9 | | involuntary servitude or involuntary sexual servitude of a |
10 | | minor. A company commits trafficking in persons when the |
11 | | company knowingly benefits, financially or by receiving |
12 | | anything of value, from participation in a venture that has |
13 | | engaged in an act of involuntary servitude or involuntary |
14 | | sexual servitude of a minor. |
15 | | Sentence. Except as otherwise provided in subsection (e) |
16 | | or (f), a violation of this subsection by a person is a Class 1 |
17 | | felony. A violation of this subsection by a company is a |
18 | | business offense for which a fine of up to $100,000 may be |
19 | | imposed. |
20 | | (e) Aggravating factors. A violation of this Section |
21 | | involving kidnapping or an attempt to kidnap, aggravated |
22 | | criminal sexual assault or an attempt to commit aggravated |
23 | | criminal sexual assault, or an attempt to commit first degree |
24 | | murder is a Class X felony. |
25 | | (f) Sentencing considerations. |
26 | | (1) Bodily injury. If, pursuant to a violation of this |
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1 | | Section, a victim
suffered bodily injury, the defendant |
2 | | may be sentenced to an extended-term sentence under |
3 | | Section 5-8-2 of the Unified Code of Corrections. The |
4 | | sentencing court must take into account the time in which |
5 | | the victim was held in servitude, with increased penalties |
6 | | for cases in which the victim was held for between 180 days |
7 | | and one year, and increased penalties for cases in which |
8 | | the victim was held for more than one year. |
9 | | (2) Number of victims. In determining sentences within |
10 | | statutory maximums, the sentencing court should take into |
11 | | account the number of victims, and may provide for |
12 | | substantially increased sentences in cases involving more |
13 | | than 10 victims. |
14 | | (g) Restitution. Restitution is mandatory under this |
15 | | Section. In addition to any other amount of loss identified, |
16 | | the court shall order restitution including the greater of (1) |
17 | | the gross income or value to the defendant of the victim's |
18 | | labor or services or (2) the value of the victim's labor as |
19 | | guaranteed under the Minimum Wage Law and overtime provisions |
20 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
21 | | whichever is greater. |
22 | | (g-5) Fine distribution. If the court imposes a fine under |
23 | | subsection (b), (c), or (d) of this Section, it shall be |
24 | | collected and distributed to the Specialized Services for |
25 | | Survivors of Human Trafficking Fund in accordance with Section |
26 | | 5-9-1.21 of the Unified Code of Corrections. |
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1 | | (h) Trafficking victim services. Subject to the |
2 | | availability of funds, the Department of Human Services may |
3 | | provide or fund emergency services and assistance to |
4 | | individuals who are victims of one or more offenses defined in |
5 | | this Section.
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6 | | (i) Certification. The Attorney General, a State's |
7 | | Attorney, or any law enforcement official shall certify in |
8 | | writing to the United States Department of Justice or other |
9 | | federal agency, such as the United States Department of |
10 | | Homeland Security, that an investigation or prosecution under |
11 | | this Section has begun and the individual who is a likely |
12 | | victim of a crime described in this Section is willing to |
13 | | cooperate or is cooperating with the investigation to enable |
14 | | the individual, if eligible under federal law, to qualify for |
15 | | an appropriate special immigrant visa and to access available |
16 | | federal benefits. Cooperation with law enforcement shall not |
17 | | be required of victims of a crime described in this Section who |
18 | | are under 18 years of age. This certification shall be made |
19 | | available to the victim and his or her designated legal |
20 | | representative. |
21 | | (j) A person who commits involuntary servitude, |
22 | | involuntary sexual servitude of a minor, or trafficking in |
23 | | persons under subsection (b), (c), or (d) of this Section is |
24 | | subject to the property forfeiture provisions set forth in |
25 | | Article 124B of the Code of Criminal Procedure of 1963.
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26 | | (Source: P.A. 101-18, eff. 1-1-20 .) |
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1 | | (720 ILCS 5/11-0.1) |
2 | | Sec. 11-0.1. Definitions. In this Article, unless the |
3 | | context clearly requires otherwise, the following terms are |
4 | | defined as indicated: |
5 | | "Accused" means a person accused of an offense prohibited |
6 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of |
7 | | this Code or a person for whose conduct the accused is legally |
8 | | responsible under Article 5 of this Code. |
9 | | "Adult obscenity or child pornography Internet site". See |
10 | | Section 11-23. |
11 | | "Advance commercial sexual activity prostitution " means: |
12 | | (1) Soliciting for a provider of commercial sexual |
13 | | activity prostitute by performing any of the following |
14 | | acts when acting other than as a provider of commercial |
15 | | sexual activity prostitute or a patron of a provider of |
16 | | commercial sexual activity prostitute : |
17 | | (A) Soliciting another for the purpose of |
18 | | commercial sexual activity prostitution . |
19 | | (B) Arranging or offering to arrange a meeting of |
20 | | persons for the purpose of commercial sexual activity |
21 | | prostitution . |
22 | | (C) Directing another to a place knowing the |
23 | | direction is for the purpose of commercial sexual |
24 | | activity prostitution . |
25 | | (2) Keeping a place of commercial sexual activity |
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1 | | prostitution by controlling or exercising control over the |
2 | | use of any place that could offer seclusion or shelter for |
3 | | the practice of commercial sexual activity prostitution |
4 | | and performing any of the following acts when acting other |
5 | | than as a provider of commercial sexual activity |
6 | | prostitute or a patron of a provider of commercial sexual |
7 | | activity prostitute : |
8 | | (A) Knowingly granting or permitting the use of |
9 | | the place for the purpose of commercial sexual |
10 | | activity prostitution . |
11 | | (B) Granting or permitting the use of the place |
12 | | under circumstances from which he or she could |
13 | | reasonably know that the place is used or is to be used |
14 | | for purposes of commercial sexual activity |
15 | | prostitution . |
16 | | (C) Permitting the continued use of the place |
17 | | after becoming aware of facts or circumstances from |
18 | | which he or she should reasonably know that the place |
19 | | is being used for purposes of commercial sexual |
20 | | activity prostitution . |
21 | | "Agency". See Section 11-9.5. |
22 | | "Arranges". See Section 11-6.5. |
23 | | "Bodily harm" means physical harm, and includes, but is |
24 | | not limited to, sexually transmitted disease, pregnancy, and |
25 | | impotence. |
26 | | "Care and custody". See Section 11-9.5. |
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1 | | "Child care institution". See Section 11-9.3. |
2 | | "Child pornography". See Section 11-20.1. |
3 | | "Child sex offender". See Section 11-9.3. |
4 | | "Community agency". See Section 11-9.5. |
5 | | "Conditional release". See Section 11-9.2. |
6 | | "Consent" means a freely given agreement to the act of |
7 | | sexual penetration or sexual conduct in question. Lack of |
8 | | verbal or physical resistance or submission by the victim |
9 | | resulting from the use of force or threat of force by the |
10 | | accused shall not constitute consent. The manner of dress of |
11 | | the victim at the time of the offense shall not constitute |
12 | | consent. |
13 | | "Custody". See Section 11-9.2. |
14 | | "Day care center". See Section 11-9.3. |
15 | | "Depict by computer". See Section 11-20.1. |
16 | | "Depiction by computer". See Section 11-20.1. |
17 | | "Disseminate". See Section 11-20.1. |
18 | | "Distribute". See Section 11-21. |
19 | | "Family member" means a parent, grandparent, child, aunt, |
20 | | uncle, great-aunt, or great-uncle, whether by whole blood, |
21 | | half-blood, or adoption, and includes a step-grandparent, |
22 | | step-parent, or step-child. "Family member" also means, if the |
23 | | victim is a child under 18 years of age, an accused who has |
24 | | resided in the household with the child continuously for at |
25 | | least 6 months. |
26 | | "Force or threat of force" means the use of force or |
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1 | | violence or the threat of force or violence, including, but |
2 | | not limited to, the following situations: |
3 | | (1) when the accused threatens to use force or |
4 | | violence on the victim or on any other person, and the |
5 | | victim under the circumstances reasonably believes that |
6 | | the accused has the ability to execute that threat; or |
7 | | (2) when the accused overcomes the victim by use of |
8 | | superior strength or size, physical restraint, or physical |
9 | | confinement. |
10 | | "Harmful to minors". See Section 11-21. |
11 | | "Loiter". See Section 9.3. |
12 | | "Material". See Section 11-21. |
13 | | "Minor". See Section 11-21. |
14 | | "Nudity". See Section 11-21. |
15 | | "Obscene". See Section 11-20. |
16 | | "Part day child care facility". See Section 11-9.3. |
17 | | "Penal system". See Section 11-9.2. |
18 | | "Person responsible for the child's welfare". See Section |
19 | | 11-9.1A. |
20 | | "Person with a disability". See Section 11-9.5. |
21 | | "Playground". See Section 11-9.3. |
22 | | "Probation officer". See Section 11-9.2. |
23 | | "Produce". See Section 11-20.1. |
24 | | "Profit from commercial sexual activity prostitution " |
25 | | means, when acting other than as a provider of commercial |
26 | | sexual activity prostitute , to receive anything of value for |
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1 | | personally rendered commercial sexual activity prostitution |
2 | | services or to receive anything of value from a provider of |
3 | | commercial sexual activity prostitute , if the thing received |
4 | | is not for lawful consideration and the person knows it was |
5 | | earned in whole or in part from the practice of commercial |
6 | | sexual activity prostitution . |
7 | | "Public park". See Section 11-9.3. |
8 | | "Public place". See Section 11-30. |
9 | | "Reproduce". See Section 11-20.1. |
10 | | "Sado-masochistic abuse". See Section 11-21. |
11 | | "School". See Section 11-9.3. |
12 | | "School official". See Section 11-9.3. |
13 | | "Sexual abuse". See Section 11-9.1A. |
14 | | "Sexual act". See Section 11-9.1. |
15 | | "Sexual conduct" means any knowing touching or fondling by |
16 | | the victim or the accused, either directly or through |
17 | | clothing, of the sex organs, anus, or breast of the victim or |
18 | | the accused, or any part of the body of a child under 13 years |
19 | | of age, or any transfer or transmission of semen by the accused |
20 | | upon any part of the clothed or unclothed body of the victim, |
21 | | for the purpose of sexual gratification or arousal of the |
22 | | victim or the accused. |
23 | | "Sexual excitement". See Section 11-21. |
24 | | "Sexual penetration" means any contact, however slight, |
25 | | between the sex organ or anus of one person and an object or |
26 | | the sex organ, mouth, or anus of another person, or any |
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1 | | intrusion, however slight, of any part of the body of one |
2 | | person or of any animal or object into the sex organ or anus of |
3 | | another person, including, but not limited to, cunnilingus, |
4 | | fellatio, or anal penetration. Evidence of emission of semen |
5 | | is not required to prove sexual penetration. |
6 | | "Solicit". See Section 11-6. |
7 | | "State-operated facility". See Section 11-9.5. |
8 | | "Supervising officer". See Section 11-9.2. |
9 | | "Surveillance agent". See Section 11-9.2. |
10 | | "Treatment and detention facility". See Section 11-9.2. |
11 | | "Unable to give knowing consent" includes when the accused |
12 | | administers any intoxicating or anesthetic substance, or any |
13 | | controlled substance causing the victim to become unconscious |
14 | | of the nature of the act and this condition was known, or |
15 | | reasonably should have been known by the accused. "Unable to |
16 | | give knowing consent" also includes when the victim has taken |
17 | | an intoxicating substance or any controlled substance causing |
18 | | the victim to become unconscious of the nature of the act, and |
19 | | this condition was known or reasonably should have been known |
20 | | by the accused, but the accused did not provide or administer |
21 | | the intoxicating substance. As used in this paragraph, |
22 | | "unconscious of the nature of the act" means incapable of |
23 | | resisting because the victim meets any one of the following |
24 | | conditions: |
25 | | (1) was unconscious or asleep; |
26 | | (2) was not aware, knowing, perceiving, or cognizant |
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1 | | that the act occurred; |
2 | | (3) was not aware, knowing, perceiving, or cognizant |
3 | | of the essential characteristics of the act due to the |
4 | | perpetrator's fraud in fact; or |
5 | | (4) was not aware, knowing, perceiving, or cognizant |
6 | | of the essential characteristics of the act due to the |
7 | | perpetrator's fraudulent representation that the sexual |
8 | | penetration served a professional purpose when it served |
9 | | no professional purpose. |
10 | | A victim is presumed "unable to give knowing consent" when |
11 | | the victim: |
12 | | (1) is committed to the care and custody or |
13 | | supervision of the Illinois Department of Corrections |
14 | | (IDOC) and the accused is an employee or volunteer who is |
15 | | not married to the victim who knows or reasonably should |
16 | | know that the victim is committed to the care and custody |
17 | | or supervision of such department; |
18 | | (2) is committed to or placed with the Department of |
19 | | Children and Family Services (DCFS) and in residential |
20 | | care, and the accused employee is not married to the |
21 | | victim, and knows or reasonably should know that the |
22 | | victim is committed to or placed with DCFS and in |
23 | | residential care; |
24 | | (3) is a client or patient and the accused is a health |
25 | | care provider or mental health care provider and the |
26 | | sexual conduct or sexual penetration occurs during a |
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1 | | treatment session, consultation, interview, or |
2 | | examination; |
3 | | (4) is a resident or inpatient of a residential |
4 | | facility and the accused is an employee of the facility |
5 | | who is not married to such resident or inpatient who |
6 | | provides direct care services, case management services, |
7 | | medical or other clinical services, habilitative services |
8 | | or direct supervision of the residents in the facility in |
9 | | which the resident resides; or an officer or other |
10 | | employee, consultant, contractor or volunteer of the |
11 | | residential facility, who knows or reasonably should know |
12 | | that the person is a resident of such facility; or |
13 | | (5) is detained or otherwise in the custody of a |
14 | | police officer, peace officer, or other law enforcement |
15 | | official who: (i) is detaining or maintaining custody of |
16 | | such person; or (ii) knows, or reasonably should know, |
17 | | that at the time of the offense, such person was detained |
18 | | or in custody and the police officer, peace officer, or |
19 | | other law enforcement official is not married to such |
20 | | detainee. |
21 | | "Victim" means a person alleging to have been subjected to |
22 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, |
23 | | 11-1.50, or 11-1.60 of this Code.
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24 | | (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .) |
25 | | (720 ILCS 5/11-9.1A)
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1 | | Sec. 11-9.1A. Permitting sexual abuse of a child. |
2 | | (a) A person responsible for a child's welfare commits
|
3 | | permitting sexual
abuse of a child if the person has actual |
4 | | knowledge of and permits an act of
sexual
abuse upon the
child, |
5 | | or permits the child to engage in commercial sexual activity |
6 | | prostitution as
defined in Section
11-14 of this Code. |
7 | | (b) In this Section: |
8 | | "Actual knowledge" includes credible allegations made by |
9 | | the child. |
10 | | "Child" means a minor under the age of 17 years. |
11 | | "Person responsible for the child's welfare" means the |
12 | | child's parent,
step-parent, legal guardian, or other person |
13 | | having custody of a child, who is
responsible
for the child's |
14 | | care at the time of the alleged sexual abuse. |
15 | | " Commercial sexual activity Prostitution " means commercial |
16 | | sexual activity prostitution as defined in Section 11-14 of |
17 | | this Code. |
18 | | "Sexual abuse" includes criminal sexual abuse or criminal |
19 | | sexual assault as
defined
in Section 11-1.20, 11-1.30, |
20 | | 11-1.40, 11-1.50, or 11-1.60 of this Code. |
21 | | (c) This Section does not apply to a person responsible |
22 | | for the child's
welfare who, having
reason to believe that |
23 | | sexual abuse has occurred, makes timely and reasonable
efforts |
24 | | to
stop the sexual abuse by reporting the sexual abuse in |
25 | | conformance with the
Abused and
Neglected Child Reporting Act |
26 | | or by reporting the sexual abuse, or causing a
report to be |
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1 | | made,
to medical or
law enforcement authorities or anyone who |
2 | | is a mandated reporter under Section
4
of the Abused and |
3 | | Neglected Child Reporting Act. |
4 | | (d) Whenever a law enforcement officer has reason to |
5 | | believe that the child
or the
person responsible for the |
6 | | child's welfare has been abused by a family or
household |
7 | | member as defined by the Illinois Domestic Violence Act of |
8 | | 1986, the
officer
shall immediately use all reasonable means |
9 | | to prevent further abuse under
Section 112A-30 of the Code of |
10 | | Criminal Procedure of 1963. |
11 | | (e) An order of protection under Section 111-8 of the Code |
12 | | of Criminal
Procedure of 1963 shall be sought in all cases |
13 | | where there is reason to believe
that a child has been sexually |
14 | | abused by a family or household member. In
considering |
15 | | appropriate available remedies, it shall be presumed that |
16 | | awarding
physical care or custody to the abuser is not in the |
17 | | child's best interest. |
18 | | (f) A person may not be charged with the offense of |
19 | | permitting sexual abuse
of a child under this Section until |
20 | | the person who committed the offense is
charged with criminal |
21 | | sexual assault, aggravated criminal sexual assault,
predatory
|
22 | | criminal sexual assault of a child, criminal sexual abuse, |
23 | | aggravated
criminal sexual
abuse, or commercial sexual |
24 | | activity prostitution . |
25 | | (g) A person convicted of permitting the sexual abuse of a |
26 | | child is
guilty
of a Class 1
felony.
As
a condition of any |
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1 | | sentence of supervision, probation, conditional discharge,
or |
2 | | mandatory
supervised release, any person convicted under this |
3 | | Section shall be ordered to
undergo
child sexual abuse, |
4 | | domestic violence, or other appropriate
counseling for a
|
5 | | specified duration with a qualified social or mental health |
6 | | worker. |
7 | | (h) It is an affirmative defense to a charge of permitting |
8 | | sexual abuse of a
child under this Section that the person |
9 | | responsible for the child's welfare
had
a reasonable |
10 | | apprehension that timely action to stop the abuse or |
11 | | commercial sexual activity prostitution
would result in the |
12 | | imminent infliction of death, great bodily harm, permanent
|
13 | | disfigurement, or permanent disability to that person or |
14 | | another in retaliation
for reporting.
|
15 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
16 | | (720 ILCS 5/11-9.3)
|
17 | | Sec. 11-9.3. Presence within school zone by child sex
|
18 | | offenders prohibited; approaching, contacting, residing with, |
19 | | or communicating with a child within certain places by child |
20 | | sex offenders prohibited.
|
21 | | (a) It is unlawful for a child sex offender to knowingly be |
22 | | present in any
school building, on real property comprising |
23 | | any school, or in any conveyance
owned, leased, or contracted |
24 | | by a school to transport students to or from
school or a school |
25 | | related activity when persons under the age of 18 are
present |
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1 | | in the building, on the grounds or in
the conveyance, unless |
2 | | the offender is a parent or guardian of a student attending the |
3 | | school and the parent or guardian is: (i) attending a |
4 | | conference at the school with school personnel to discuss the |
5 | | progress of his or her child academically or socially, (ii) |
6 | | participating in child review conferences in which evaluation |
7 | | and placement decisions may be made with respect to his or her |
8 | | child regarding special education services, or (iii) attending |
9 | | conferences to discuss other student issues concerning his or |
10 | | her child such as retention and promotion and notifies the |
11 | | principal of the school of his or her presence at the school or |
12 | | unless the
offender has permission to be present from the
|
13 | | superintendent or the school board or in the case of a private |
14 | | school from the
principal. In the case of a public school, if |
15 | | permission is granted, the
superintendent or school board |
16 | | president must inform the principal of the
school where the |
17 | | sex offender will be present. Notification includes the
nature |
18 | | of the sex offender's visit and the hours in which the sex |
19 | | offender will
be present in the school. The sex offender is |
20 | | responsible for notifying the
principal's office when he or |
21 | | she arrives on school property and when he or she
departs from |
22 | | school property. If the sex offender is to be present in the
|
23 | | vicinity of children, the sex offender has the duty to remain |
24 | | under the direct
supervision of a school official.
|
25 | | (a-5) It is unlawful for a child sex offender to knowingly |
26 | | be present within 100 feet of a site posted as a pick-up or |
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1 | | discharge stop for a conveyance owned, leased, or contracted |
2 | | by a school to transport students to or from school or a school |
3 | | related activity when one or more persons under the age of 18 |
4 | | are present at the site.
|
5 | | (a-10) It is unlawful for a child sex offender to |
6 | | knowingly be present in any
public park building, a playground |
7 | | or recreation area within any publicly accessible privately |
8 | | owned building, or on real property comprising any public park
|
9 | | when persons under the age of
18 are
present in the building or |
10 | | on the grounds
and to approach, contact, or communicate with a |
11 | | child under 18 years of
age,
unless the
offender
is a parent or |
12 | | guardian of a person under 18 years of age present in the
|
13 | | building or on the
grounds. |
14 | | (b) It is unlawful for a child sex offender to knowingly |
15 | | loiter within 500 feet of a school building or real property |
16 | | comprising any school
while persons under the age of 18 are |
17 | | present in the building or on the
grounds,
unless the offender |
18 | | is a parent or guardian of a student attending the school and |
19 | | the parent or guardian is: (i) attending a conference at the |
20 | | school with school personnel to discuss the progress of his or |
21 | | her child academically or socially, (ii) participating in |
22 | | child review conferences in which evaluation and placement |
23 | | decisions may be made with respect to his or her child |
24 | | regarding special education services, or (iii) attending |
25 | | conferences to discuss other student issues concerning his or |
26 | | her child such as retention and promotion and notifies the |
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1 | | principal of the school of his or her presence at the school or |
2 | | has permission to be present from the
superintendent or the |
3 | | school board or in the case of a private school from the
|
4 | | principal. In the case of a public school, if permission is |
5 | | granted, the
superintendent or school board president must |
6 | | inform the principal of the
school where the sex offender will |
7 | | be present. Notification includes the
nature of the sex |
8 | | offender's visit and the hours in which the sex offender will
|
9 | | be present in the school. The sex offender is responsible for |
10 | | notifying the
principal's office when he or she arrives on |
11 | | school property and when he or she
departs from school |
12 | | property. If the sex offender is to be present in the
vicinity |
13 | | of children, the sex offender has the duty to remain under the |
14 | | direct
supervision of a school official.
|
15 | | (b-2) It is unlawful for a child sex offender to knowingly |
16 | | loiter on a public
way within 500 feet of a public park |
17 | | building or real property comprising any
public park while |
18 | | persons under the age of 18 are present in the building or on |
19 | | the
grounds
and to approach, contact, or communicate with a |
20 | | child under 18 years of
age,
unless the offender
is a parent or |
21 | | guardian of a person under 18 years of age present in the
|
22 | | building or on the grounds. |
23 | | (b-5) It is unlawful for a child sex offender to knowingly |
24 | | reside within
500 feet of a school building or the real |
25 | | property comprising any school that
persons under the age of |
26 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child |
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1 | | sex offender from residing within 500 feet of a school |
2 | | building or the
real property comprising any school that |
3 | | persons under 18 attend if the
property is owned by the child |
4 | | sex offender and was purchased before July 7, 2000 (the
|
5 | | effective date of Public Act 91-911).
|
6 | | (b-10) It is unlawful for a child sex offender to |
7 | | knowingly reside within
500 feet of a playground, child care |
8 | | institution, day care center, part day child care facility, |
9 | | day care home, group day care home, or a facility providing |
10 | | programs or services
exclusively directed toward persons under |
11 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a |
12 | | child sex offender from residing within 500 feet
of a |
13 | | playground or a facility providing programs or services |
14 | | exclusively
directed toward persons under 18 years of age if |
15 | | the property is owned by the
child sex offender and was |
16 | | purchased before July 7, 2000. Nothing in this
subsection |
17 | | (b-10) prohibits a child sex offender from residing within 500 |
18 | | feet
of a child care institution, day care center, or part day |
19 | | child care facility if the property is owned by the
child sex |
20 | | offender and was purchased before June 26, 2006. Nothing in |
21 | | this subsection (b-10) prohibits a child sex offender from |
22 | | residing within 500 feet of a day care home or group day care |
23 | | home if the property is owned by the child sex offender and was |
24 | | purchased before August 14, 2008 (the effective date of Public |
25 | | Act 95-821). |
26 | | (b-15) It is unlawful for a child sex offender to |
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1 | | knowingly reside within
500 feet of the victim of the sex |
2 | | offense. Nothing in this
subsection (b-15) prohibits a child |
3 | | sex offender from residing within 500 feet
of the victim if the |
4 | | property in which the child sex offender resides is owned by |
5 | | the
child sex offender and was purchased before August 22, |
6 | | 2002. |
7 | | This subsection (b-15) does not apply if the victim of the |
8 | | sex offense
is 21 years of age or older. |
9 | | (b-20) It is unlawful for a child sex offender to |
10 | | knowingly communicate, other than for a lawful purpose under |
11 | | Illinois law, using the Internet or any other digital media, |
12 | | with a person under 18 years of age or with a person whom he or |
13 | | she believes to be a person under 18 years of age,
unless the |
14 | | offender
is a parent or guardian of the person under 18 years |
15 | | of age. |
16 | | (c) It is unlawful for a child sex offender to knowingly |
17 | | operate, manage,
be employed by, volunteer at, be associated |
18 | | with, or knowingly be present at
any: (i) facility providing
|
19 | | programs or services exclusively directed toward persons under |
20 | | the age of 18; (ii) day care center; (iii) part day child care |
21 | | facility; (iv) child care institution; (v) school providing |
22 | | before and after school programs for children under 18 years |
23 | | of age; (vi) day care home; or (vii) group day care home.
This |
24 | | does not prohibit a child sex offender from owning the real |
25 | | property upon
which the programs or services are offered or |
26 | | upon which the day care center, part day child care facility, |
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1 | | child care institution, or school providing before and after |
2 | | school programs for children under 18 years of age is located, |
3 | | provided the child sex offender
refrains from being present on |
4 | | the premises for the hours during which: (1) the
programs or |
5 | | services are being offered or (2) the day care center, part day |
6 | | child care facility, child care institution, or school |
7 | | providing before and after school programs for children under |
8 | | 18 years of age, day care home, or group day care home is |
9 | | operated. |
10 | | (c-2) It is unlawful for a child sex offender to |
11 | | participate in a holiday event involving children under 18 |
12 | | years of age, including but not limited to distributing candy |
13 | | or other items to children on Halloween, wearing a Santa Claus |
14 | | costume on or preceding Christmas, being employed as a |
15 | | department store Santa Claus, or wearing an Easter Bunny |
16 | | costume on or preceding Easter. For the purposes of this |
17 | | subsection, child sex offender has the meaning as defined in |
18 | | this Section, but does not include as a sex offense under |
19 | | paragraph (2) of subsection (d) of this Section, the offense |
20 | | under subsection (c) of Section 11-1.50 of this Code. This |
21 | | subsection does not apply to a child sex offender who is a |
22 | | parent or guardian of children under 18 years of age that are |
23 | | present in the home and other non-familial minors are not |
24 | | present. |
25 | | (c-5) It is unlawful for a child sex offender to knowingly |
26 | | operate, manage, be employed by, or be associated with any |
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1 | | carnival, amusement enterprise, or county or State fair when |
2 | | persons under the age of 18 are present. |
3 | | (c-6) It is unlawful for a child sex offender who owns and |
4 | | resides at residential real estate to knowingly rent any |
5 | | residential unit within the same building in which he or she |
6 | | resides to a person who is the parent or guardian of a child or |
7 | | children under 18 years of age. This subsection shall apply |
8 | | only to leases or other rental arrangements entered into after |
9 | | January 1, 2009 (the effective date of Public Act 95-820). |
10 | | (c-7) It is unlawful for a child sex offender to knowingly |
11 | | offer or provide any programs or services to persons under 18 |
12 | | years of age in his or her residence or the residence of |
13 | | another or in any facility for the purpose of offering or |
14 | | providing such programs or services, whether such programs or |
15 | | services are offered or provided by contract, agreement, |
16 | | arrangement, or on a volunteer basis. |
17 | | (c-8) It is unlawful for a child sex offender to knowingly |
18 | | operate, whether authorized to do so or not, any of the |
19 | | following vehicles: (1) a vehicle which is specifically |
20 | | designed, constructed or modified and equipped to be used for |
21 | | the retail sale of food or beverages, including but not |
22 | | limited to an ice cream truck; (2) an authorized emergency |
23 | | vehicle; or (3) a rescue vehicle. |
24 | | (d) Definitions. In this Section:
|
25 | | (1) "Child sex offender" means any person who:
|
26 | | (i) has been charged under Illinois law, or any |
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1 | | substantially similar
federal law
or law of another |
2 | | state, with a sex offense set forth in
paragraph (2) of |
3 | | this subsection (d) or the attempt to commit an |
4 | | included sex
offense, and the victim is a person under |
5 | | 18 years of age at the time of the offense; and:
|
6 | | (A) is convicted of such offense or an attempt |
7 | | to commit such offense;
or
|
8 | | (B) is found not guilty by reason of insanity |
9 | | of such offense or an
attempt to commit such |
10 | | offense; or
|
11 | | (C) is found not guilty by reason of insanity |
12 | | pursuant to subsection
(c) of Section 104-25 of |
13 | | the Code of Criminal Procedure of 1963 of such |
14 | | offense
or an attempt to commit such offense; or
|
15 | | (D) is the subject of a finding not resulting |
16 | | in an acquittal at a
hearing conducted pursuant to |
17 | | subsection (a) of Section 104-25 of the Code of
|
18 | | Criminal Procedure of 1963 for the alleged |
19 | | commission or attempted commission
of such |
20 | | offense; or
|
21 | | (E) is found not guilty by reason of insanity |
22 | | following a hearing
conducted pursuant to a |
23 | | federal law or the law of another state |
24 | | substantially
similar to subsection (c) of Section |
25 | | 104-25 of the Code of Criminal Procedure
of 1963 |
26 | | of such offense or of the attempted commission of |
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1 | | such offense; or
|
2 | | (F) is the subject of a finding not resulting |
3 | | in an acquittal at a
hearing
conducted pursuant to |
4 | | a federal law or the law of another state |
5 | | substantially
similar to subsection (a) of Section |
6 | | 104-25 of the Code of Criminal Procedure
of 1963 |
7 | | for the alleged violation or attempted commission |
8 | | of such offense; or
|
9 | | (ii) is certified as a sexually dangerous person |
10 | | pursuant to the
Illinois
Sexually Dangerous Persons |
11 | | Act, or any substantially similar federal
law or the |
12 | | law of another state, when any conduct giving rise to |
13 | | such
certification is committed or attempted against a |
14 | | person less than 18 years of
age; or
|
15 | | (iii) is subject to the provisions of Section 2 of |
16 | | the Interstate
Agreements on Sexually Dangerous |
17 | | Persons Act.
|
18 | | Convictions that result from or are connected with the |
19 | | same act, or result
from offenses committed at the same |
20 | | time, shall be counted for the purpose of
this Section as |
21 | | one conviction. Any conviction set aside pursuant to law |
22 | | is
not a conviction for purposes of this Section.
|
23 | | (2) Except as otherwise provided in paragraph (2.5), |
24 | | "sex offense"
means:
|
25 | | (i) A violation of any of the following Sections |
26 | | of the Criminal Code of
1961 or the Criminal Code of |
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1 | | 2012: 10-4 (forcible detention), 10-7 (aiding or |
2 | | abetting child abduction under Section 10-5(b)(10)),
|
3 | | 10-5(b)(10) (child luring), 11-1.40 (predatory |
4 | | criminal sexual assault of a child), 11-6 (indecent |
5 | | solicitation of a child), 11-6.5
(indecent |
6 | | solicitation of an adult),
11-9.1 (sexual exploitation |
7 | | of a child), 11-9.2 (custodial sexual misconduct), |
8 | | 11-9.5 (sexual misconduct with a person with a |
9 | | disability), 11-11 (sexual relations within families), |
10 | | 11-14.3(a)(1) (promoting commercial sexual activity |
11 | | prostitution by advancing commercial sexual activity |
12 | | prostitution ), 11-14.3(a)(2)(A) (promoting commercial |
13 | | sexual activity prostitution by profiting from |
14 | | commercial sexual activity prostitution by compelling |
15 | | a person to be a provider of commercial sexual |
16 | | activity prostitute ), 11-14.3(a)(2)(C) (promoting |
17 | | commercial sexual activity prostitution by profiting |
18 | | from commercial sexual activity prostitution by means |
19 | | other than as described in subparagraphs (A) and (B) |
20 | | of paragraph (2) of subsection (a) of Section |
21 | | 11-14.3), 11-14.4 (promoting commercial sexual |
22 | | exploitation of a child juvenile prostitution ), |
23 | | 11-18.1
(patronizing a sexually exploited child |
24 | | juvenile prostitute ), 11-20.1 (child pornography), |
25 | | 11-20.1B (aggravated child pornography), 11-21 |
26 | | (harmful
material), 11-25 (grooming), 11-26 (traveling |
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1 | | to meet a minor or traveling to meet a child), 12-33 |
2 | | (ritualized abuse of a
child), 11-20 (obscenity) (when |
3 | | that offense was committed in any school, on
real |
4 | | property comprising any school, in any conveyance |
5 | | owned,
leased, or contracted by a school to transport |
6 | | students to or from school or a
school related |
7 | | activity, or in a public park), 11-30 (public |
8 | | indecency) (when committed in a school, on real |
9 | | property
comprising a school, in any conveyance owned, |
10 | | leased, or contracted by a
school to transport |
11 | | students to or from school or a school related |
12 | | activity, or in a public park). An attempt to commit |
13 | | any of these offenses.
|
14 | | (ii) A violation of any of the following Sections |
15 | | of the Criminal Code
of 1961 or the Criminal Code of |
16 | | 2012, when the victim is a person under 18 years of |
17 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 |
18 | | (aggravated criminal sexual assault), 11-1.50 |
19 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal |
20 | | sexual abuse). An attempt to commit
any of these |
21 | | offenses.
|
22 | | (iii) A violation of any of the following Sections |
23 | | of the Criminal Code
of 1961 or the Criminal Code of |
24 | | 2012, when the victim is a person under 18 years of age |
25 | | and the defendant is
not a parent of the victim:
|
26 | | 10-1 (kidnapping),
|
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1 | | 10-2 (aggravated kidnapping),
|
2 | | 10-3 (unlawful restraint),
|
3 | | 10-3.1 (aggravated unlawful restraint),
|
4 | | 11-9.1(A) (permitting sexual abuse of a child). |
5 | | An attempt to commit any of these offenses.
|
6 | | (iv) A violation of any former law of this State |
7 | | substantially
equivalent to any offense listed in |
8 | | clause (2)(i) or (2)(ii) of subsection (d) of this
|
9 | | Section.
|
10 | | (2.5) For the purposes of subsections (b-5) and (b-10) |
11 | | only, a sex offense means:
|
12 | | (i) A violation of any of the following Sections |
13 | | of the Criminal Code of
1961 or the Criminal Code of |
14 | | 2012:
|
15 | | 10-5(b)(10) (child luring), 10-7 (aiding or |
16 | | abetting child abduction
under Section 10-5(b)(10)), |
17 | | 11-1.40 (predatory criminal sexual assault of a |
18 | | child), 11-6 (indecent solicitation of
a
child), |
19 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 |
20 | | (custodial sexual misconduct), 11-9.5 (sexual |
21 | | misconduct with a person with a disability), 11-11 |
22 | | (sexual relations within families), 11-14.3(a)(1) |
23 | | (promoting commercial sexual activity prostitution by |
24 | | advancing commercial sexual activity prostitution ), |
25 | | 11-14.3(a)(2)(A) (promoting commercial sexual activity |
26 | | prostitution by profiting from commercial sexual |
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1 | | activity prostitution by compelling a person to be a |
2 | | provider of commercial sexual activity prostitute ), |
3 | | 11-14.3(a)(2)(C) (promoting commercial sexual activity |
4 | | prostitution by profiting from commercial sexual |
5 | | activity prostitution by means other than as described |
6 | | in subparagraphs (A) and (B) of paragraph (2) of |
7 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting |
8 | | commercial sexual exploitation of a child juvenile |
9 | | prostitution ), 11-18.1
(patronizing a sexually |
10 | | exploited child juvenile prostitute ), 11-20.1 (child |
11 | | pornography), 11-20.1B (aggravated child pornography), |
12 | | 11-25 (grooming), 11-26 (traveling to meet a minor or |
13 | | traveling to meet a child), or 12-33 (ritualized abuse |
14 | | of a
child). An attempt
to commit any of
these |
15 | | offenses.
|
16 | | (ii) A violation of any of the following Sections |
17 | | of the Criminal Code
of 1961 or the Criminal Code of |
18 | | 2012, when the victim is a person under 18 years of |
19 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 |
20 | | (aggravated criminal sexual assault), 11-1.60
|
21 | | (aggravated criminal sexual abuse), and subsection (a) |
22 | | of Section 11-1.50
(criminal sexual abuse). An attempt |
23 | | to commit
any of these offenses.
|
24 | | (iii) A violation of any of the following Sections |
25 | | of the Criminal Code
of 1961 or the Criminal Code of |
26 | | 2012, when the victim is a person under 18 years of age |
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1 | | and the defendant is
not a parent of the victim:
|
2 | | 10-1 (kidnapping),
|
3 | | 10-2 (aggravated kidnapping),
|
4 | | 10-3 (unlawful restraint),
|
5 | | 10-3.1 (aggravated unlawful restraint),
|
6 | | 11-9.1(A) (permitting sexual abuse of a child). |
7 | | An attempt to commit any of these offenses.
|
8 | | (iv) A violation of any former law of this State |
9 | | substantially
equivalent to any offense listed in this |
10 | | paragraph (2.5) of
this subsection.
|
11 | | (3) A conviction for an offense of federal law or the |
12 | | law of another state
that is substantially equivalent to |
13 | | any offense listed in paragraph (2) of
subsection (d) of |
14 | | this Section shall constitute a conviction for the purpose |
15 | | of
this Section. A finding or adjudication as a sexually |
16 | | dangerous person under
any federal law or law of another |
17 | | state that is substantially equivalent to the
Sexually |
18 | | Dangerous Persons Act shall constitute an adjudication for |
19 | | the
purposes of this Section.
|
20 | | (4) "Authorized emergency vehicle", "rescue vehicle", |
21 | | and "vehicle" have the meanings ascribed to them in |
22 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the |
23 | | Illinois Vehicle Code. |
24 | | (5) "Child care institution" has the meaning ascribed |
25 | | to it in Section 2.06 of the Child Care Act of 1969. |
26 | | (6) "Day care center" has the meaning ascribed to it |
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1 | | in Section 2.09 of the Child Care Act of 1969. |
2 | | (7) "Day care home" has the meaning ascribed to it in |
3 | | Section 2.18 of the Child Care Act of 1969. |
4 | | (8) "Facility providing programs or services directed |
5 | | towards persons under the age of 18" means any facility |
6 | | providing programs or services exclusively directed |
7 | | towards persons under the age of 18. |
8 | | (9) "Group day care home" has the meaning ascribed to |
9 | | it in Section 2.20 of the Child Care Act of 1969. |
10 | | (10) "Internet" has the meaning set forth in Section |
11 | | 16-0.1 of this Code.
|
12 | | (11) "Loiter" means:
|
13 | | (i) Standing, sitting idly, whether or not the |
14 | | person is in a vehicle, or
remaining in or around |
15 | | school or public park property.
|
16 | | (ii) Standing, sitting idly, whether or not the |
17 | | person is in a vehicle,
or remaining in or around |
18 | | school or public park property, for the purpose of |
19 | | committing or
attempting to commit a sex offense.
|
20 | | (iii) Entering or remaining in a building in or |
21 | | around school property, other than the offender's |
22 | | residence. |
23 | | (12) "Part day child care facility" has the meaning |
24 | | ascribed to it in Section 2.10 of the Child Care Act of |
25 | | 1969. |
26 | | (13) "Playground" means a piece of land owned or |
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1 | | controlled by a unit
of
local government that is |
2 | | designated by the unit of local government for use
solely |
3 | | or primarily for children's recreation. |
4 | | (14) "Public park" includes a park, forest preserve, |
5 | | bikeway, trail, or
conservation
area
under the |
6 | | jurisdiction of the State or a unit of local government. |
7 | | (15) "School" means a public or private preschool or |
8 | | elementary or secondary school. |
9 | | (16) "School official"
means the principal, a teacher, |
10 | | or any other certified employee of the
school, the |
11 | | superintendent of schools or a member of the school board.
|
12 | | (e) For the purposes of this Section, the 500 feet |
13 | | distance shall be measured from: (1) the edge of the property |
14 | | of the school building or the real property comprising the |
15 | | school that is closest to the edge of the property of the child |
16 | | sex offender's residence or where he or she is loitering, and |
17 | | (2) the edge of the property comprising the public park |
18 | | building or the real property comprising the public park, |
19 | | playground, child care institution, day care center, part day |
20 | | child care facility, or facility providing programs or |
21 | | services exclusively directed toward persons under 18 years of |
22 | | age, or a victim of the sex offense who is under 21 years of |
23 | | age, to the edge of the child sex offender's place of residence |
24 | | or place where he or she is loitering.
|
25 | | (f) Sentence. A person who violates this Section is guilty |
26 | | of a Class 4
felony.
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1 | | (Source: P.A. 102-997, eff. 1-1-23 .) |
2 | | (720 ILCS 5/Art. 11 Subdiv. 15 heading)
|
3 | | SUBDIVISION 15. COMMERCIAL SEXUAL ACTIVITY PROSTITUTION |
4 | | OFFENSES
|
5 | | (Source: P.A. 96-1551, eff. 7-1-11.) |
6 | | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) |
7 | | Sec. 11-14. Commercial sexual activity Prostitution . |
8 | | (a) Any person who knowingly performs, offers or agrees
to |
9 | | perform any act of sexual penetration as defined in Section |
10 | | 11-0.1 of
this Code for anything
of value, or any touching or |
11 | | fondling
of the sex organs of one person by another person, for
|
12 | | anything of value, for the purpose of sexual arousal or |
13 | | gratification commits
an act of commercial sexual activity |
14 | | prostitution . |
15 | | (b) Sentence. A violation of this Section is a Class A |
16 | | misdemeanor. |
17 | | (c) (Blank).
|
18 | | (c-5) It is an affirmative defense to a charge under this |
19 | | Section that the accused engaged in or performed commercial |
20 | | sexual activity prostitution as a result of being a victim of |
21 | | involuntary servitude or trafficking in persons as defined in |
22 | | Section 10-9 of this Code. |
23 | | (d) Notwithstanding the foregoing, if it is determined, |
24 | | after a reasonable detention for investigative purposes, that |
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1 | | a person suspected of or charged with a violation of this |
2 | | Section is a person under the age of 18, that person shall be |
3 | | immune from prosecution for a commercial sexual activity |
4 | | prostitution offense under this Section, and shall be subject |
5 | | to the temporary protective custody provisions of Sections 2-5 |
6 | | and 2-6 of the Juvenile Court Act of 1987. Pursuant to the |
7 | | provisions of Section 2-6 of the Juvenile Court Act of 1987, a |
8 | | law enforcement officer who takes a person under 18 years of |
9 | | age into custody under this Section shall immediately report |
10 | | an allegation of a violation of Section 10-9 of this Code to |
11 | | the Illinois Department of Children and Family Services State |
12 | | Central Register, which shall commence an initial |
13 | | investigation into child abuse or child neglect within 24 |
14 | | hours pursuant to Section 7.4 of the Abused and Neglected |
15 | | Child Reporting Act. |
16 | | (Source: P.A. 98-164, eff. 1-1-14; 98-538, eff. 8-23-13; |
17 | | 98-756, eff. 7-16-14; 99-109, eff. 7-22-15.) |
18 | | (720 ILCS 5/11-14.1) |
19 | | Sec. 11-14.1. Solicitation of a sexual act. |
20 | | (a) Any person who offers a person not his or her spouse |
21 | | any money,
property, token, object, or article or anything of |
22 | | value for that person or any other person not his or her spouse |
23 | | to
perform any act of sexual penetration as defined in Section |
24 | | 11-0.1 of this Code,
or any touching or fondling of the sex |
25 | | organs of one person by another person
for the purpose of |
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1 | | sexual arousal or gratification, commits solicitation of a |
2 | | sexual act. |
3 | | (b) Sentence. Solicitation of a sexual act is a Class A |
4 | | misdemeanor. Solicitation of a sexual act from a person who is |
5 | | under the age of 18 or who is a person with a severe or |
6 | | profound intellectual disability is a Class 4 felony. If the |
7 | | court imposes a fine under this subsection (b), it shall be |
8 | | collected and distributed to the Specialized Services for |
9 | | Survivors of Human Trafficking Fund in accordance with Section |
10 | | 5-9-1.21 of the Unified Code of Corrections. |
11 | | (b-5) (Blank). |
12 | | (c) This Section does not apply to a person engaged in |
13 | | commercial sexual activity prostitution who is under 18 years |
14 | | of age. |
15 | | (d) A person cannot be convicted under this Section if the |
16 | | practice of commercial sexual activity prostitution underlying |
17 | | the offense consists exclusively of the accused's own acts of |
18 | | commercial sexual activity prostitution under Section 11-14 of |
19 | | this Code. |
20 | | (Source: P.A. 102-939, eff. 1-1-23 .) |
21 | | (720 ILCS 5/11-14.3) |
22 | | Sec. 11-14.3. Promoting commercial sexual activity |
23 | | prostitution . |
24 | | (a) Any person who knowingly performs any of the following |
25 | | acts commits promoting commercial sexual activity |
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1 | | prostitution : |
2 | | (1) advances commercial sexual activity prostitution |
3 | | as defined in Section 11-0.1; |
4 | | (2) profits from commercial sexual activity |
5 | | prostitution by: |
6 | | (A) compelling a person to become a provider of |
7 | | commercial sexual activity prostitute ; |
8 | | (B) arranging or offering to arrange a situation |
9 | | in which a person may practice commercial sexual |
10 | | activity prostitution ; or |
11 | | (C) any means other than those described in |
12 | | subparagraph (A) or (B), including from a person who |
13 | | patronizes a provider of commercial sexual activity |
14 | | prostitute . This paragraph (C) does not apply to a |
15 | | person engaged in commercial sexual activity
|
16 | | prostitution who is under 18 years of age. A person |
17 | | cannot be
convicted of promoting commercial sexual |
18 | | activity prostitution under this paragraph (C) if the |
19 | | practice of commercial sexual activity
prostitution |
20 | | underlying the offense consists exclusively of
the |
21 | | accused's own acts of commercial sexual activity |
22 | | prostitution under Section 11-14 of this Code. |
23 | | (b) Sentence. |
24 | | (1) A violation of subdivision (a)(1) is a Class 4 |
25 | | felony, unless committed within 1,000 feet of real |
26 | | property comprising a school, in which case it is a Class 3 |
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1 | | felony. A second or subsequent violation of subdivision |
2 | | (a)(1), or any combination of convictions under |
3 | | subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section |
4 | | 11-14 ( commercial sexual activity prostitution ), 11-14.1 |
5 | | (solicitation of a sexual act), 11-14.4 (promoting |
6 | | commercial sexual exploitation of a child juvenile |
7 | | prostitution ), 11-15 (soliciting for a provider of |
8 | | commercial sexual activity prostitute ), 11-15.1 |
9 | | (soliciting for a sexually exploited child juvenile |
10 | | prostitute ), 11-16 (pandering), 11-17 (keeping a place of |
11 | | commercial sexual activity prostitution ), 11-17.1 (keeping |
12 | | a place of commercial sexual exploitation of a child |
13 | | juvenile prostitution ), 11-18 (patronizing a provider of |
14 | | commercial sexual activity prostitute ), 11-18.1 |
15 | | (patronizing a sexually exploited child juvenile |
16 | | prostitute ), 11-19 (pimping), 11-19.1 (juvenile pimping or |
17 | | aggravated juvenile pimping), or 11-19.2 (exploitation of |
18 | | a child), is a Class 3 felony. |
19 | | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) |
20 | | is a Class 4 felony, unless committed within 1,000 feet of |
21 | | real property comprising a school, in which case it is a |
22 | | Class 3 felony. |
23 | | (3) A violation of subdivision (a)(2)(C) is a Class 4 |
24 | | felony, unless committed within 1,000 feet of real |
25 | | property comprising a school, in which case it is a Class 3 |
26 | | felony. A second or subsequent violation of subdivision |
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1 | | (a)(2)(C), or any combination of convictions under |
2 | | subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), |
3 | | or (a)(2)(B) of this Section (promoting commercial sexual |
4 | | activity prostitution ), 11-14 ( commercial sexual activity |
5 | | prostitution ), 11-14.1 (solicitation of a sexual act), |
6 | | 11-14.4 (promoting commercial sexual exploitation of a |
7 | | child juvenile prostitution ), 11-15 (soliciting for a |
8 | | provider of commercial sexual activity prostitute ), |
9 | | 11-15.1 (soliciting for a sexually exploited child |
10 | | juvenile prostitute ), 11-16 (pandering), 11-17 (keeping a |
11 | | place of commercial sexual activity prostitution ), 11-17.1 |
12 | | (keeping a place of commercial sexual exploitation of a |
13 | | child juvenile prostitution ), 11-18 (patronizing a |
14 | | provider of commercial sexual activity prostitute ), |
15 | | 11-18.1 (patronizing a sexually exploited child juvenile |
16 | | prostitute ), 11-19 (pimping), 11-19.1 (juvenile pimping or |
17 | | aggravated juvenile pimping), or 11-19.2 (exploitation of |
18 | | a child), is a Class 3 felony.
|
19 | | If the court imposes a fine under this subsection (b), it |
20 | | shall be collected and distributed to the Specialized Services |
21 | | for Survivors of Human Trafficking Fund in accordance with |
22 | | Section 5-9-1.21 of the Unified Code of Corrections. |
23 | | (Source: P.A. 98-1013, eff. 1-1-15 .) |
24 | | (720 ILCS 5/11-14.4) |
25 | | Sec. 11-14.4. Promoting commercial sexual exploitation of |
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1 | | a child juvenile prostitution . |
2 | | (a) Any person who knowingly performs any of the following |
3 | | acts commits promoting commercial sexual exploitation of a |
4 | | child juvenile prostitution : |
5 | | (1) advances commercial sexual activity prostitution |
6 | | as defined in Section 11-0.1, where the minor engaged in |
7 | | commercial sexual activity prostitution , or any person |
8 | | engaged in commercial sexual activity prostitution in the |
9 | | place, is under 18 years of age or is a person with a |
10 | | severe or profound intellectual disability at the time of |
11 | | the offense; |
12 | | (2) profits from commercial sexual activity |
13 | | prostitution by any means where the provider of commercial |
14 | | sexual activity prostituted person is a sexually exploited |
15 | | child under 18 years of age or is a person with a severe or |
16 | | profound intellectual disability at the time of the |
17 | | offense; |
18 | | (3) profits from commercial sexual activity |
19 | | prostitution by any means where the sexually exploited |
20 | | child prostituted person is under 13 years of age at the |
21 | | time of the offense; |
22 | | (4) confines a child under the age of 18 or a person |
23 | | with a severe or profound intellectual disability against |
24 | | his or her will by the infliction or threat of imminent |
25 | | infliction of great bodily harm or permanent disability or |
26 | | disfigurement or by administering to the child or the |
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1 | | person with a severe or profound intellectual disability, |
2 | | without his or her consent or by threat or deception and |
3 | | for other than medical purposes, any alcoholic intoxicant |
4 | | or a drug as defined in the Illinois Controlled Substances |
5 | | Act or the Cannabis Control Act or methamphetamine as |
6 | | defined in the Methamphetamine Control and Community |
7 | | Protection Act and: |
8 | | (A) compels the child or the person with a severe |
9 | | or profound intellectual disability to engage in |
10 | | commercial sexual activity prostitution ; |
11 | | (B) arranges a situation in which the child or the |
12 | | person with a severe or profound intellectual |
13 | | disability may practice commercial sexual activity |
14 | | prostitution ; or |
15 | | (C) profits from commercial sexual activity |
16 | | prostitution by the child or the person with a severe |
17 | | or profound intellectual disability. |
18 | | (b) For purposes of this Section, administering drugs, as |
19 | | defined in subdivision (a)(4), or an alcoholic intoxicant to a |
20 | | child under the age of 13 or a person with a severe or profound |
21 | | intellectual disability shall be deemed to be without consent |
22 | | if the administering is done without the consent of the |
23 | | parents or legal guardian or if the administering is performed |
24 | | by the parents or legal guardian for other than medical |
25 | | purposes. |
26 | | (c) If the accused did not have a reasonable opportunity |
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1 | | to observe the provider of commercial sexual activity |
2 | | prostituted person , it is an affirmative defense to a charge |
3 | | of promoting commercial sexual exploitation of a child |
4 | | juvenile prostitution , except for a charge under subdivision |
5 | | (a)(4), that the accused reasonably believed the person was of |
6 | | the age of 18 years or over or was not a person with a severe |
7 | | or profound intellectual disability at the time of the act |
8 | | giving rise to the charge. |
9 | | (d) Sentence. A violation of subdivision (a)(1) is a Class |
10 | | 1 felony, unless committed within 1,000 feet of real property |
11 | | comprising a school, in which case it is a Class X felony. A |
12 | | violation of subdivision (a)(2) is a Class 1 felony. A |
13 | | violation of subdivision (a)(3) is a Class X felony. A |
14 | | violation of subdivision (a)(4) is a Class X felony, for which |
15 | | the person shall be sentenced to a term of imprisonment of not |
16 | | less than 6 years and not more than 60 years. A second or |
17 | | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), |
18 | | or any combination of convictions under subdivision (a)(1), |
19 | | (a)(2), or (a)(3) and Sections 11-14 ( commercial sexual |
20 | | activity prostitution ), 11-14.1 (solicitation of a sexual |
21 | | act), 11-14.3 (promoting commercial sexual activity |
22 | | prostitution ), 11-15 (soliciting for a provider of commercial |
23 | | sexual activity prostitute ), 11-15.1 (soliciting for a |
24 | | sexually exploited child juvenile prostitute ), 11-16 |
25 | | (pandering), 11-17 (keeping a place of commercial sexual |
26 | | activity prostitution ), 11-17.1 (keeping a place of commercial |
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1 | | sexual exploitation of a child juvenile prostitution ), 11-18 |
2 | | (patronizing a provider of commercial sexual activity |
3 | | prostitute ), 11-18.1 (patronizing a sexually exploited child |
4 | | juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile |
5 | | pimping or aggravated juvenile pimping), or 11-19.2 |
6 | | (exploitation of a child) of this Code, is a Class X felony. |
7 | | (e) Forfeiture. Any person convicted of a violation of |
8 | | this Section that involves promoting commercial sexual |
9 | | exploitation of a child juvenile prostitution by keeping a |
10 | | place of commercial sexual exploitation of a child juvenile |
11 | | prostitution or convicted of a violation of subdivision (a)(4) |
12 | | is subject to the property forfeiture provisions set forth in |
13 | | Article 124B of the Code of Criminal Procedure of 1963. |
14 | | (f) For the purposes of this Section, " provider of |
15 | | commercial sexual activity prostituted person "
means any |
16 | | person who engages in, or agrees or offers to engage
in, any |
17 | | act of sexual penetration as defined in Section 11-0.1 of this |
18 | | Code for any money, property, token, object, or article
or |
19 | | anything of value, or any touching or fondling of the sex
|
20 | | organs of one person by another person, for any money,
|
21 | | property, token, object, or article or anything of value, for
|
22 | | the purpose of sexual arousal or gratification.
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23 | | (Source: P.A. 99-143, eff. 7-27-15.) |
24 | | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) |
25 | | Sec. 11-18. Patronizing a provider of commercial sexual |
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1 | | activity prostitute . |
2 | | (a) Any person who knowingly performs any of the following |
3 | | acts with a person
not his or her spouse commits patronizing a |
4 | | provider of commercial sexual activity prostitute : |
5 | | (1) Engages in an act of sexual penetration as defined |
6 | | in Section 11-0.1
of this Code with a provider of |
7 | | commercial sexual activity prostitute ; or |
8 | | (2) Enters or remains in a place of commercial sexual |
9 | | activity prostitution with intent to
engage in an act of |
10 | | sexual penetration as defined in Section 11-0.1 of
this |
11 | | Code; or |
12 | | (3) Engages in any touching or fondling with a |
13 | | provider of commercial sexual activity prostitute of the |
14 | | sex organs of one person by the other person, with the |
15 | | intent to achieve sexual arousal or gratification. |
16 | | (b) Sentence. |
17 | | Patronizing a provider of commercial sexual activity |
18 | | prostitute is a Class 4 felony, unless committed within 1,000 |
19 | | feet of real property comprising a school, in which case it is |
20 | | a Class 3 felony.
A person
convicted of a second or subsequent |
21 | | violation of this Section, or
of any
combination of such |
22 | | number of convictions under this Section and Sections
11-14 |
23 | | ( commercial sexual activity prostitution ), 11-14.1 |
24 | | (solicitation of a sexual act), 11-14.3 (promoting commercial |
25 | | sexual activity prostitution ), 11-14.4 (promoting commercial |
26 | | sexual exploitation of a child juvenile prostitution ), 11-15 |
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1 | | (soliciting for a provider of commercial sexual activity |
2 | | prostitute ), 11-15.1 (soliciting for a sexually exploited |
3 | | child juvenile prostitute ), 11-16 (pandering), 11-17 (keeping |
4 | | a place of commercial sexual activity prostitution ), 11-17.1 |
5 | | (keeping a place of commercial sexual exploitation of a child |
6 | | juvenile prostitution ), 11-18.1 (patronizing a sexually |
7 | | exploited child juvenile prostitute ), 11-19 (pimping), 11-19.1 |
8 | | (juvenile pimping or aggravated juvenile pimping), or 11-19.2 |
9 | | (exploitation of a child) of this Code, is guilty of a Class 3
|
10 | | felony. If the court imposes a fine under this subsection (b), |
11 | | it shall be collected and distributed to the Specialized |
12 | | Services for Survivors of Human Trafficking Fund in accordance |
13 | | with Section 5-9-1.21 of the Unified Code of Corrections. |
14 | | (c) (Blank). |
15 | | (Source: P.A. 98-1013, eff. 1-1-15 .) |
16 | | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) |
17 | | Sec. 11-18.1. Patronizing a sexually exploited child minor |
18 | | engaged in prostitution . |
19 | | (a) Any person who
engages in an act of sexual penetration |
20 | | as defined in Section 11-0.1 of this
Code with a person who is |
21 | | under 18 years of age engaged in commercial sexual activity |
22 | | prostitution who is under 18 years of age or is a person with a |
23 | | severe or profound intellectual disability commits
patronizing |
24 | | a sexually exploited child minor engaged in prostitution . |
25 | | (a-5) Any person who engages in any touching or fondling, |
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1 | | with a person engaged in commercial sexual activity |
2 | | prostitution who either is a sexually exploited child under 18 |
3 | | years of age or is a person with a severe or profound |
4 | | intellectual disability, of the sex organs of one person by |
5 | | the other person, with the intent to achieve sexual arousal or |
6 | | gratification, commits patronizing a sexually exploited child |
7 | | minor engaged in prostitution . |
8 | | (b) It is an affirmative defense to the charge of |
9 | | patronizing a sexually exploited child minor engaged in |
10 | | prostitution
that the accused reasonably believed that the |
11 | | person
was of the age of 18 years or over or was not a person |
12 | | with a severe or profound intellectual disability at the time |
13 | | of the act giving rise to
the charge. |
14 | | (c) Sentence.
A person who commits patronizing a sexually |
15 | | exploited child juvenile prostitute is guilty of a Class 3 |
16 | | felony, unless committed within 1,000 feet of real property |
17 | | comprising a school, in which case it is a Class 2 felony. A |
18 | | person convicted of a second or subsequent violation of this |
19 | | Section, or of any combination of such number of convictions |
20 | | under this Section and Sections 11-14 ( commercial sexual |
21 | | activity prostitution ), 11-14.1 (solicitation of a sexual |
22 | | act), 11-14.3 (promoting commercial sexual activity |
23 | | prostitution ), 11-14.4 (promoting commercial sexual |
24 | | exploitation of a child juvenile prostitution ), 11-15 |
25 | | (soliciting for a provider of commercial sexual activity |
26 | | prostitute ), 11-15.1 (soliciting for a sexually exploited |
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1 | | child juvenile prostitute ), 11-16 (pandering), 11-17 (keeping |
2 | | a place of commercial sexual activity prostitution ), 11-17.1 |
3 | | (keeping a place of commercial sexual exploitation of a child |
4 | | juvenile prostitution ), 11-18 (patronizing a provider of |
5 | | commercial sexual activity prostitute ), 11-19 (pimping), |
6 | | 11-19.1 (juvenile pimping or aggravated juvenile pimping), or |
7 | | 11-19.2 (exploitation of a child) of this Code, is guilty of a |
8 | | Class 2 felony. The fact of such conviction is not an element |
9 | | of the offense and may not be disclosed to the jury during |
10 | | trial unless otherwise permitted by issues properly raised |
11 | | during such trial.
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12 | | (Source: P.A. 99-143, eff. 7-27-15.) |
13 | | (720 ILCS 5/14-3) |
14 | | Sec. 14-3. Exemptions. The following activities shall be
|
15 | | exempt from the provisions of this Article: |
16 | | (a) Listening to radio, wireless electronic |
17 | | communications, and television communications of
any sort |
18 | | where the same are publicly made; |
19 | | (b) Hearing conversation when heard by employees of |
20 | | any common
carrier by wire incidental to the normal course |
21 | | of their employment in
the operation, maintenance or |
22 | | repair of the equipment of such common
carrier by wire so |
23 | | long as no information obtained thereby is used or
|
24 | | divulged by the hearer; |
25 | | (c) Any broadcast by radio, television or otherwise |
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1 | | whether it be a
broadcast or recorded for the purpose of |
2 | | later broadcasts of any
function where the public is in |
3 | | attendance and the conversations are
overheard incidental |
4 | | to the main purpose for which such broadcasts are
then |
5 | | being made; |
6 | | (d) Recording or listening with the aid of any device |
7 | | to any
emergency communication made in the normal course |
8 | | of operations by any
federal, state or local law |
9 | | enforcement agency or institutions dealing
in emergency |
10 | | services, including, but not limited to, hospitals,
|
11 | | clinics, ambulance services, fire fighting agencies, any |
12 | | public utility,
emergency repair facility, civilian |
13 | | defense establishment or military
installation; |
14 | | (e) Recording the proceedings of any meeting required |
15 | | to be open by
the Open Meetings Act, as amended; |
16 | | (f) Recording or listening with the aid of any device |
17 | | to incoming
telephone calls of phone lines publicly listed |
18 | | or advertised as consumer
"hotlines" by manufacturers or |
19 | | retailers of food and drug products. Such
recordings must |
20 | | be destroyed, erased or turned over to local law
|
21 | | enforcement authorities within 24 hours from the time of |
22 | | such recording and
shall not be otherwise disseminated. |
23 | | Failure on the part of the individual
or business |
24 | | operating any such recording or listening device to comply |
25 | | with
the requirements of this subsection shall eliminate |
26 | | any civil or criminal
immunity conferred upon that |
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1 | | individual or business by the operation of
this Section; |
2 | | (g) With prior notification to the State's Attorney of |
3 | | the
county in which
it is to occur, recording or listening |
4 | | with the aid of any device to any
conversation
where a law |
5 | | enforcement officer, or any person acting at the direction |
6 | | of law
enforcement, is a party to the conversation and has |
7 | | consented to it being
intercepted or recorded under |
8 | | circumstances where the use of the device is
necessary for |
9 | | the protection of the law enforcement officer or any |
10 | | person
acting at the direction of law enforcement, in the |
11 | | course of an
investigation
of a forcible felony, a felony |
12 | | offense of involuntary servitude, involuntary sexual |
13 | | servitude of a minor, or trafficking in persons under |
14 | | Section 10-9 of this Code, an offense involving commercial |
15 | | sexual activity prostitution , solicitation of a sexual |
16 | | act, or pandering, a felony violation of the Illinois |
17 | | Controlled Substances
Act, a felony violation of the |
18 | | Cannabis Control Act, a felony violation of the |
19 | | Methamphetamine Control and Community Protection Act, any |
20 | | "streetgang
related" or "gang-related" felony as those |
21 | | terms are defined in the Illinois
Streetgang Terrorism |
22 | | Omnibus Prevention Act, or any felony offense involving |
23 | | any weapon listed in paragraphs (1) through (11) of |
24 | | subsection (a) of Section 24-1 of this Code.
Any recording |
25 | | or evidence derived
as the
result of this exemption shall |
26 | | be inadmissible in any proceeding, criminal,
civil or
|
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1 | | administrative, except (i) where a party to the |
2 | | conversation suffers great
bodily injury or is killed |
3 | | during such conversation, or
(ii)
when used as direct |
4 | | impeachment of a witness concerning matters contained in
|
5 | | the interception or recording. The Director of the |
6 | | Illinois State Police shall issue regulations as are |
7 | | necessary concerning the use of
devices, retention of tape |
8 | | recordings, and reports regarding their
use; |
9 | | (g-5) (Blank); |
10 | | (g-6) With approval of the State's Attorney of the |
11 | | county in which it is to occur, recording or listening |
12 | | with the aid of any device to any conversation where a law |
13 | | enforcement officer, or any person acting at the direction |
14 | | of law enforcement, is a party to the conversation and has |
15 | | consented to it being intercepted or recorded in the |
16 | | course of an investigation of child pornography, |
17 | | aggravated child pornography, indecent solicitation of a |
18 | | child, luring of a minor, sexual exploitation of a child, |
19 | | aggravated criminal sexual abuse in which the victim of |
20 | | the offense was at the time of the commission of the |
21 | | offense under 18 years of age, or criminal sexual abuse by |
22 | | force or threat of force in which the victim of the offense |
23 | | was at the time of the commission of the offense under 18 |
24 | | years of age. In all such cases, an application for an |
25 | | order approving the previous or continuing use of an |
26 | | eavesdropping device must be made within 48 hours of the |
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1 | | commencement of such use. In the absence of such an order, |
2 | | or upon its denial, any continuing use shall immediately |
3 | | terminate. The Director of the Illinois State Police shall |
4 | | issue rules as are necessary concerning the use of |
5 | | devices, retention of recordings, and reports regarding |
6 | | their use.
Any recording or evidence obtained or derived |
7 | | in the course of an investigation of child pornography, |
8 | | aggravated child pornography, indecent solicitation of a |
9 | | child, luring of a minor, sexual exploitation of a child, |
10 | | aggravated criminal sexual abuse in which the victim of |
11 | | the offense was at the time of the commission of the |
12 | | offense under 18 years of age, or criminal sexual abuse by |
13 | | force or threat of force in which the victim of the offense |
14 | | was at the time of the commission of the offense under 18 |
15 | | years of age shall, upon motion of the State's Attorney or |
16 | | Attorney General prosecuting any case involving child |
17 | | pornography, aggravated child pornography, indecent |
18 | | solicitation of a child, luring of a minor, sexual |
19 | | exploitation of a child, aggravated criminal sexual abuse |
20 | | in which the victim of the offense was at the time of the |
21 | | commission of the offense under 18 years of age, or |
22 | | criminal sexual abuse by force or threat of force in which |
23 | | the victim of the offense was at the time of the commission |
24 | | of the offense under 18 years of age be reviewed in camera |
25 | | with notice to all parties present by the court presiding |
26 | | over the criminal case, and, if ruled by the court to be |
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1 | | relevant and otherwise admissible, it shall be admissible |
2 | | at the trial of the criminal case. Absent such a ruling, |
3 | | any such recording or evidence shall not be admissible at |
4 | | the trial of the criminal case; |
5 | | (h) Recordings made simultaneously with the use of an |
6 | | in-car video camera recording of an oral
conversation |
7 | | between a uniformed peace officer, who has identified his |
8 | | or her office, and
a person in the presence of the peace |
9 | | officer whenever (i) an officer assigned a patrol vehicle |
10 | | is conducting an enforcement stop; or (ii) patrol vehicle |
11 | | emergency lights are activated or would otherwise be |
12 | | activated if not for the need to conceal the presence of |
13 | | law enforcement. |
14 | | For the purposes of this subsection (h), "enforcement |
15 | | stop" means an action by a law enforcement officer in |
16 | | relation to enforcement and investigation duties, |
17 | | including but not limited to, traffic stops, pedestrian |
18 | | stops, abandoned vehicle contacts, motorist assists, |
19 | | commercial motor vehicle stops, roadside safety checks, |
20 | | requests for identification, or responses to requests for |
21 | | emergency assistance; |
22 | | (h-5) Recordings of utterances made by a person while |
23 | | in the presence of a uniformed peace officer and while an |
24 | | occupant of a police vehicle including, but not limited |
25 | | to, (i) recordings made simultaneously with the use of an |
26 | | in-car video camera and (ii) recordings made in the |
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1 | | presence of the peace officer utilizing video or audio |
2 | | systems, or both, authorized by the law enforcement |
3 | | agency; |
4 | | (h-10) Recordings made simultaneously with a video |
5 | | camera recording during
the use of a taser or similar |
6 | | weapon or device by a peace officer if the weapon or device |
7 | | is equipped with such camera; |
8 | | (h-15) Recordings made under subsection (h), (h-5), or |
9 | | (h-10) shall be retained by the law enforcement agency |
10 | | that employs the peace officer who made the recordings for |
11 | | a storage period of 90 days, unless the recordings are |
12 | | made as a part of an arrest or the recordings are deemed |
13 | | evidence in any criminal, civil, or administrative |
14 | | proceeding and then the recordings must only be destroyed |
15 | | upon a final disposition and an order from the court. |
16 | | Under no circumstances shall any recording be altered or |
17 | | erased prior to the expiration of the designated storage |
18 | | period. Upon completion of the storage period, the |
19 | | recording medium may be erased and reissued for |
20 | | operational use; |
21 | | (i) Recording of a conversation made by or at the |
22 | | request of a person, not a
law enforcement officer or |
23 | | agent of a law enforcement officer, who is a party
to the |
24 | | conversation, under reasonable suspicion that another |
25 | | party to the
conversation is committing, is about to |
26 | | commit, or has committed a criminal
offense against the |
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1 | | person or a member of his or her immediate household, and
|
2 | | there is reason to believe that evidence of the criminal |
3 | | offense may be
obtained by the recording; |
4 | | (j) The use of a telephone monitoring device by either |
5 | | (1) a
corporation or other business entity engaged in |
6 | | marketing or opinion research
or (2) a corporation or |
7 | | other business entity engaged in telephone
solicitation, |
8 | | as
defined in this subsection, to record or listen to oral |
9 | | telephone solicitation
conversations or marketing or |
10 | | opinion research conversations by an employee of
the |
11 | | corporation or other business entity when: |
12 | | (i) the monitoring is used for the purpose of |
13 | | service quality control of
marketing or opinion |
14 | | research or telephone solicitation, the education or
|
15 | | training of employees or contractors
engaged in |
16 | | marketing or opinion research or telephone |
17 | | solicitation, or internal
research related to |
18 | | marketing or
opinion research or telephone
|
19 | | solicitation; and |
20 | | (ii) the monitoring is used with the consent of at |
21 | | least one person who
is an active party to the |
22 | | marketing or opinion research conversation or
|
23 | | telephone solicitation conversation being
monitored. |
24 | | No communication or conversation or any part, portion, |
25 | | or aspect of the
communication or conversation made, |
26 | | acquired, or obtained, directly or
indirectly,
under this |
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1 | | exemption (j), may be, directly or indirectly, furnished |
2 | | to any law
enforcement officer, agency, or official for |
3 | | any purpose or used in any inquiry
or investigation, or |
4 | | used, directly or indirectly, in any administrative,
|
5 | | judicial, or other proceeding, or divulged to any third |
6 | | party. |
7 | | When recording or listening authorized by this |
8 | | subsection (j) on telephone
lines used for marketing or |
9 | | opinion research or telephone solicitation purposes
|
10 | | results in recording or
listening to a conversation that |
11 | | does not relate to marketing or opinion
research or |
12 | | telephone solicitation; the
person recording or listening |
13 | | shall, immediately upon determining that the
conversation |
14 | | does not relate to marketing or opinion research or |
15 | | telephone
solicitation, terminate the recording
or |
16 | | listening and destroy any such recording as soon as is |
17 | | practicable. |
18 | | Business entities that use a telephone monitoring or |
19 | | telephone recording
system pursuant to this exemption (j) |
20 | | shall provide current and prospective
employees with |
21 | | notice that the monitoring or recordings may occur during |
22 | | the
course of their employment. The notice shall include |
23 | | prominent signage
notification within the workplace. |
24 | | Business entities that use a telephone monitoring or |
25 | | telephone recording
system pursuant to this exemption (j) |
26 | | shall provide their employees or agents
with access to |
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1 | | personal-only telephone lines which may be pay telephones, |
2 | | that
are not subject to telephone monitoring or telephone |
3 | | recording. |
4 | | For the purposes of this subsection (j), "telephone |
5 | | solicitation" means a
communication through the use of a |
6 | | telephone by live operators: |
7 | | (i) soliciting the sale of goods or services; |
8 | | (ii) receiving orders for the sale of goods or |
9 | | services; |
10 | | (iii) assisting in the use of goods or services; |
11 | | or |
12 | | (iv) engaging in the solicitation, administration, |
13 | | or collection of bank
or
retail credit accounts. |
14 | | For the purposes of this subsection (j), "marketing or |
15 | | opinion research"
means
a marketing or opinion research |
16 | | interview conducted by a live telephone
interviewer |
17 | | engaged by a corporation or other business entity whose |
18 | | principal
business is the design, conduct, and analysis of |
19 | | polls and surveys measuring
the
opinions, attitudes, and |
20 | | responses of respondents toward products and services,
or |
21 | | social or political issues, or both; |
22 | | (k) Electronic recordings, including but not limited |
23 | | to, a motion picture,
videotape, digital, or other visual |
24 | | or audio recording, made of a custodial
interrogation of |
25 | | an individual at a police station or other place of |
26 | | detention
by a law enforcement officer under Section |
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1 | | 5-401.5 of the Juvenile Court Act of
1987 or Section |
2 | | 103-2.1 of the Code of Criminal Procedure of 1963; |
3 | | (l) Recording the interview or statement of any person |
4 | | when the person
knows that the interview is being |
5 | | conducted by a law enforcement officer or
prosecutor and |
6 | | the interview takes place at a police station that is |
7 | | currently
participating in the Custodial Interview Pilot |
8 | | Program established under the
Illinois Criminal Justice |
9 | | Information Act; |
10 | | (m) An electronic recording, including but not limited |
11 | | to, a motion picture,
videotape, digital, or other visual |
12 | | or audio recording, made of the interior of a school bus |
13 | | while the school bus is being used in the transportation |
14 | | of students to and from school and school-sponsored |
15 | | activities, when the school board has adopted a policy |
16 | | authorizing such recording, notice of such recording |
17 | | policy is included in student handbooks and other |
18 | | documents including the policies of the school, notice of |
19 | | the policy regarding recording is provided to parents of |
20 | | students, and notice of such recording is clearly posted |
21 | | on the door of and inside the school bus.
|
22 | | Recordings made pursuant to this subsection (m) shall |
23 | | be confidential records and may only be used by school |
24 | | officials (or their designees) and law enforcement |
25 | | personnel for investigations, school disciplinary actions |
26 | | and hearings, proceedings under the Juvenile Court Act of |
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1 | | 1987, and criminal prosecutions, related to incidents |
2 | | occurring in or around the school bus; |
3 | | (n)
Recording or listening to an audio transmission |
4 | | from a microphone placed by a person under the authority |
5 | | of a law enforcement agency inside a bait car surveillance |
6 | | vehicle while simultaneously capturing a photographic or |
7 | | video image; |
8 | | (o) The use of an eavesdropping camera or audio device |
9 | | during an ongoing hostage or barricade situation by a law |
10 | | enforcement officer or individual acting on behalf of a |
11 | | law enforcement officer when the use of such device is |
12 | | necessary to protect the safety of the general public, |
13 | | hostages, or law enforcement officers or anyone acting on |
14 | | their behalf; |
15 | | (p) Recording or listening with the aid of any device |
16 | | to incoming telephone calls of phone lines publicly listed |
17 | | or advertised as the "CPS Violence Prevention Hotline", |
18 | | but only where the notice of recording is given at the |
19 | | beginning of each call as required by Section 34-21.8 of |
20 | | the School Code. The recordings may be retained only by |
21 | | the Chicago Police Department or other law enforcement |
22 | | authorities, and shall not be otherwise retained or |
23 | | disseminated; |
24 | | (q)(1) With prior request to and written or verbal |
25 | | approval of the State's Attorney of the county in which |
26 | | the conversation is anticipated to occur, recording or |
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1 | | listening with the aid of an eavesdropping device to a |
2 | | conversation in which a law enforcement officer, or any |
3 | | person acting at the direction of a law enforcement |
4 | | officer, is a party to the conversation and has consented |
5 | | to the conversation being intercepted or recorded in the |
6 | | course of an investigation of a qualified offense. The |
7 | | State's Attorney may grant this approval only after |
8 | | determining that reasonable cause exists to believe that |
9 | | inculpatory conversations concerning a qualified offense |
10 | | will occur with a specified individual or individuals |
11 | | within a designated period of time. |
12 | | (2) Request for approval. To invoke the exception |
13 | | contained in this subsection (q), a law enforcement |
14 | | officer shall make a request for approval to the |
15 | | appropriate State's Attorney. The request may be written |
16 | | or verbal; however, a written memorialization of the |
17 | | request must be made by the State's Attorney. This request |
18 | | for approval shall include whatever information is deemed |
19 | | necessary by the State's Attorney but shall include, at a |
20 | | minimum, the following information about each specified |
21 | | individual whom the law enforcement officer believes will |
22 | | commit a qualified offense: |
23 | | (A) his or her full or partial name, nickname or |
24 | | alias; |
25 | | (B) a physical description; or |
26 | | (C) failing either (A) or (B) of this paragraph |
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1 | | (2), any other supporting information known to the law |
2 | | enforcement officer at the time of the request that |
3 | | gives rise to reasonable cause to believe that the |
4 | | specified individual will participate in an |
5 | | inculpatory conversation concerning a qualified |
6 | | offense. |
7 | | (3) Limitations on approval. Each written approval by |
8 | | the State's Attorney under this subsection (q) shall be |
9 | | limited to: |
10 | | (A) a recording or interception conducted by a |
11 | | specified law enforcement officer or person acting at |
12 | | the direction of a law enforcement officer; |
13 | | (B) recording or intercepting conversations with |
14 | | the individuals specified in the request for approval, |
15 | | provided that the verbal approval shall be deemed to |
16 | | include the recording or intercepting of conversations |
17 | | with other individuals, unknown to the law enforcement |
18 | | officer at the time of the request for approval, who |
19 | | are acting in conjunction with or as co-conspirators |
20 | | with the individuals specified in the request for |
21 | | approval in the commission of a qualified offense; |
22 | | (C) a reasonable period of time but in no event |
23 | | longer than 24 consecutive hours; |
24 | | (D) the written request for approval, if |
25 | | applicable, or the written memorialization must be |
26 | | filed, along with the written approval, with the |
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1 | | circuit clerk of the jurisdiction on the next business |
2 | | day following the expiration of the authorized period |
3 | | of time, and shall be subject to review by the Chief |
4 | | Judge or his or her designee as deemed appropriate by |
5 | | the court. |
6 | | (3.5) The written memorialization of the request for |
7 | | approval and the written approval by the State's Attorney |
8 | | may be in any format, including via facsimile, email, or |
9 | | otherwise, so long as it is capable of being filed with the |
10 | | circuit clerk. |
11 | | (3.10) Beginning March 1, 2015, each State's Attorney |
12 | | shall annually submit a report to the General Assembly |
13 | | disclosing: |
14 | | (A) the number of requests for each qualified |
15 | | offense for approval under this subsection; and |
16 | | (B) the number of approvals for each qualified |
17 | | offense given by the State's Attorney. |
18 | | (4) Admissibility of evidence. No part of the contents |
19 | | of any wire, electronic, or oral communication that has |
20 | | been recorded or intercepted as a result of this exception |
21 | | may be received in evidence in any trial, hearing, or |
22 | | other proceeding in or before any court, grand jury, |
23 | | department, officer, agency, regulatory body, legislative |
24 | | committee, or other authority of this State, or a |
25 | | political subdivision of the State, other than in a |
26 | | prosecution of: |
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1 | | (A) the qualified offense for which approval was |
2 | | given to record or intercept a conversation under this |
3 | | subsection (q); |
4 | | (B) a forcible felony committed directly in the |
5 | | course of the investigation of the qualified offense |
6 | | for which approval was given to record or intercept a |
7 | | conversation under this subsection (q); or |
8 | | (C) any other forcible felony committed while the |
9 | | recording or interception was approved in accordance |
10 | | with this subsection (q), but for this specific |
11 | | category of prosecutions, only if the law enforcement |
12 | | officer or person acting at the direction of a law |
13 | | enforcement officer who has consented to the |
14 | | conversation being intercepted or recorded suffers |
15 | | great bodily injury or is killed during the commission |
16 | | of the charged forcible felony. |
17 | | (5) Compliance with the provisions of this subsection |
18 | | is a prerequisite to the admissibility in evidence of any |
19 | | part of the contents of any wire, electronic or oral |
20 | | communication that has been intercepted as a result of |
21 | | this exception, but nothing in this subsection shall be |
22 | | deemed to prevent a court from otherwise excluding the |
23 | | evidence on any other ground recognized by State or |
24 | | federal law, nor shall anything in this subsection be |
25 | | deemed to prevent a court from independently reviewing the |
26 | | admissibility of the evidence for compliance with the |
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1 | | Fourth Amendment to the U.S. Constitution or with Article |
2 | | I, Section 6 of the Illinois Constitution. |
3 | | (6) Use of recordings or intercepts unrelated to |
4 | | qualified offenses. Whenever any private conversation or |
5 | | private electronic communication has been recorded or |
6 | | intercepted as a result of this exception that is not |
7 | | related to an offense for which the recording or intercept |
8 | | is admissible under paragraph (4) of this subsection (q), |
9 | | no part of the contents of the communication and evidence |
10 | | derived from the communication may be received in evidence |
11 | | in any trial, hearing, or other proceeding in or before |
12 | | any court, grand jury, department, officer, agency, |
13 | | regulatory body, legislative committee, or other authority |
14 | | of this State, or a political subdivision of the State, |
15 | | nor may it be publicly disclosed in any way. |
16 | | (6.5) The Illinois State Police shall adopt rules as |
17 | | are necessary concerning the use of devices, retention of |
18 | | recordings, and reports regarding their use under this |
19 | | subsection (q). |
20 | | (7) Definitions. For the purposes of this subsection |
21 | | (q) only: |
22 | | "Forcible felony" includes and is limited to those |
23 | | offenses contained in Section 2-8 of the Criminal Code |
24 | | of 1961 as of the effective date of this amendatory Act |
25 | | of the 97th General Assembly, and only as those |
26 | | offenses have been defined by law or judicial |
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1 | | interpretation as of that date. |
2 | | "Qualified offense" means and is limited to: |
3 | | (A) a felony violation of the Cannabis Control |
4 | | Act, the Illinois Controlled Substances Act, or |
5 | | the Methamphetamine Control and Community |
6 | | Protection Act, except for violations of: |
7 | | (i) Section 4 of the Cannabis Control Act; |
8 | | (ii) Section 402 of the Illinois |
9 | | Controlled Substances Act; and |
10 | | (iii) Section 60 of the Methamphetamine |
11 | | Control and Community Protection Act; and |
12 | | (B) first degree murder, solicitation of |
13 | | murder for hire, predatory criminal sexual assault |
14 | | of a child, criminal sexual assault, aggravated |
15 | | criminal sexual assault, aggravated arson, |
16 | | kidnapping, aggravated kidnapping, child |
17 | | abduction, trafficking in persons, involuntary |
18 | | servitude, involuntary sexual servitude of a |
19 | | minor, or gunrunning. |
20 | | "State's Attorney" includes and is limited to the |
21 | | State's Attorney or an assistant State's Attorney |
22 | | designated by the State's Attorney to provide verbal |
23 | | approval to record or intercept conversations under |
24 | | this subsection (q). |
25 | | (8) Sunset. This subsection (q) is inoperative on and |
26 | | after January 1, 2027. No conversations intercepted |
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1 | | pursuant to this subsection (q), while operative, shall be |
2 | | inadmissible in a court of law by virtue of the |
3 | | inoperability of this subsection (q) on January 1, 2027. |
4 | | (9) Recordings, records, and custody. Any private |
5 | | conversation or private electronic communication |
6 | | intercepted by a law enforcement officer or a person |
7 | | acting at the direction of law enforcement shall, if |
8 | | practicable, be recorded in such a way as will protect the |
9 | | recording from editing or other alteration. Any and all |
10 | | original recordings made under this subsection (q) shall |
11 | | be inventoried without unnecessary delay pursuant to the |
12 | | law enforcement agency's policies for inventorying |
13 | | evidence. The original recordings shall not be destroyed |
14 | | except upon an order of a court of competent jurisdiction; |
15 | | and |
16 | | (r) Electronic recordings, including but not limited |
17 | | to, motion picture, videotape, digital, or other visual or |
18 | | audio recording, made of a lineup under Section 107A-2 of |
19 | | the Code of Criminal Procedure of 1963. |
20 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; |
21 | | 102-918, eff. 5-27-22.) |
22 | | (720 ILCS 5/33G-3) |
23 | | (Section scheduled to be repealed on June 11, 2023) |
24 | | Sec. 33G-3. Definitions. As used in this Article: |
25 | | (a) "Another state" means any State of the United States |
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| | HB3150 Engrossed | - 204 - | LRB103 28611 RLC 54992 b |
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1 | | (other than the State of Illinois), or the District of |
2 | | Columbia, or the Commonwealth of Puerto Rico, or any territory |
3 | | or possession of the United States, or any political |
4 | | subdivision, or any department, agency, or instrumentality |
5 | | thereof. |
6 | | (b) "Enterprise" includes: |
7 | | (1) any partnership, corporation, association, |
8 | | business or charitable trust, or other legal entity; and |
9 | | (2) any group of individuals or other legal entities, |
10 | | or any combination thereof, associated in fact although |
11 | | not itself a legal entity. An association in fact must be |
12 | | held together by a common purpose of engaging in a course |
13 | | of conduct, and it may be associated together for purposes |
14 | | that are both legal and illegal. An association in fact |
15 | | must: |
16 | | (A) have an ongoing organization or structure, |
17 | | either formal or informal; |
18 | | (B) the various members of the group must function |
19 | | as a continuing unit, even if the group changes |
20 | | membership by gaining or losing members over time; and |
21 | | (C) have an ascertainable structure distinct from |
22 | | that inherent in the conduct of a pattern of predicate |
23 | | activity. |
24 | | As used in this Article, "enterprise" includes licit and |
25 | | illicit enterprises. |
26 | | (c) "Labor organization" includes any organization, labor |
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1 | | union, craft union, or any voluntary unincorporated |
2 | | association designed to further the cause of the rights of |
3 | | union labor that is constituted for the purpose, in whole or in |
4 | | part, of collective bargaining or of dealing with employers |
5 | | concerning grievances, terms or conditions of employment, or |
6 | | apprenticeships or applications for apprenticeships, or of |
7 | | other mutual aid or protection in connection with employment, |
8 | | including apprenticeships or applications for apprenticeships. |
9 | | (d) "Operation or management" means directing or carrying |
10 | | out the enterprise's affairs and is limited to any person who |
11 | | knowingly serves as a leader, organizer, operator, manager, |
12 | | director, supervisor, financier, advisor, recruiter, supplier, |
13 | | or enforcer of an enterprise in violation of this Article. |
14 | | (e) "Predicate activity" means any act that is a Class 2 |
15 | | felony or higher and constitutes a violation or violations of |
16 | | any of the following provisions of the laws of the State of |
17 | | Illinois (as amended or revised as of the date the activity |
18 | | occurred or, in the instance of a continuing offense, the date |
19 | | that charges under this Article are filed in a particular |
20 | | matter in the State of Illinois) or any act under the law of |
21 | | another jurisdiction for an offense that could be charged as a |
22 | | Class 2 felony or higher in this State: |
23 | | (1) under the Criminal Code of 1961 or the Criminal |
24 | | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 |
25 | | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 |
26 | | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 |
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1 | | (aggravated unlawful restraint), 10-4 (forcible |
2 | | detention), 10-5(b)(10) (child abduction), 10-9 |
3 | | (trafficking in persons, involuntary servitude, and |
4 | | related offenses), 11-1.20 (criminal sexual assault), |
5 | | 11-1.30 (aggravated criminal sexual assault), 11-1.40 |
6 | | (predatory criminal sexual assault of a child), 11-1.60 |
7 | | (aggravated criminal sexual abuse), 11-6 (indecent |
8 | | solicitation of a child), 11-6.5 (indecent solicitation of |
9 | | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting |
10 | | commercial sexual activity prostitution ), 11-14.4 |
11 | | (promoting commercial sexual exploitation of a child |
12 | | juvenile prostitution ), 11-18.1 (patronizing a sexually |
13 | | exploited child minor engaged in prostitution ; patronizing |
14 | | a sexually exploited child juvenile prostitute ), 12-3.05 |
15 | | (aggravated battery), 12-6.4 (criminal street gang |
16 | | recruitment), 12-6.5 (compelling organization membership |
17 | | of persons), 12-7.3 (stalking), 12-7.4 (aggravated |
18 | | stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home |
19 | | invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1 |
20 | | (robbery; aggravated robbery), 18-2 (armed robbery), 18-3 |
21 | | (vehicular hijacking), 18-4 (aggravated vehicular |
22 | | hijacking), 18-5 (aggravated robbery), 19-1 (burglary), |
23 | | 19-3 (residential burglary), 20-1 (arson; residential |
24 | | arson; place of worship arson), 20-1.1 (aggravated arson), |
25 | | 20-1.2 (residential arson), 20-1.3 (place of worship |
26 | | arson), 24-1.2 (aggravated discharge of a firearm), |
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1 | | 24-1.2-5 (aggravated discharge of a machine gun or |
2 | | silencer equipped firearm), 24-1.8 (unlawful possession of |
3 | | a firearm by a street gang member), 24-3.2 (unlawful |
4 | | discharge of firearm projectiles), 24-3.9 (aggravated |
5 | | possession of a stolen firearm), 24-3A (gunrunning), 26-5 |
6 | | or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 |
7 | | (soliciting support for terrorism), 29D-15.1 (causing a |
8 | | catastrophe), 29D-15.2 (possession of a deadly substance), |
9 | | 29D-20 (making a terrorist threat), 29D-25 (falsely making |
10 | | a terrorist threat), 29D-29.9 (material support for |
11 | | terrorism), 29D-35 (hindering prosecution of terrorism), |
12 | | 31A-1.2 (unauthorized contraband in a penal institution), |
13 | | or 33A-3 (armed violence); |
14 | | (2) under the Cannabis Control Act: Sections 5 |
15 | | (manufacture or delivery of cannabis), 5.1 (cannabis |
16 | | trafficking), or 8 (production or possession of cannabis |
17 | | plants), provided the offense either involves more than |
18 | | 500 grams of any substance containing cannabis or involves |
19 | | more than 50 cannabis sativa plants; |
20 | | (3) under the Illinois Controlled Substances Act: |
21 | | Sections 401 (manufacture or delivery of a controlled |
22 | | substance), 401.1 (controlled substance trafficking), 405 |
23 | | (calculated criminal drug conspiracy), or 405.2 (street |
24 | | gang criminal drug conspiracy); or |
25 | | (4) under the Methamphetamine Control and Community |
26 | | Protection Act: Sections 15 (methamphetamine |
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1 | | manufacturing), or 55 (methamphetamine delivery). |
2 | | (f) "Pattern of predicate activity" means: |
3 | | (1) at least 3 occurrences of predicate activity that |
4 | | are in some way related to each other and that have |
5 | | continuity between them, and that are separate acts. Acts |
6 | | are related to each other if they are not isolated events, |
7 | | including if they have similar purposes, or results, or |
8 | | participants, or victims, or are committed a similar way, |
9 | | or have other similar distinguishing characteristics, or |
10 | | are part of the affairs of the same enterprise. There is |
11 | | continuity between acts if they are ongoing over a |
12 | | substantial period, or if they are part of the regular way |
13 | | some entity does business or conducts its affairs; and |
14 | | (2) which occurs after the effective date of this |
15 | | Article, and the last of which falls within 3 years |
16 | | (excluding any period of imprisonment) after the first |
17 | | occurrence of predicate activity. |
18 | | (g) "Unlawful death" includes the following offenses: |
19 | | under the Code of 1961 or the Criminal Code of 2012: Sections |
20 | | 9-1 (first degree murder) or 9-2 (second degree murder).
|
21 | | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
|
22 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
|
23 | | (Text of Section before amendment by P.A. 102-982 )
|
24 | | Sec. 36-1. Property subject to forfeiture. |
25 | | (a) Any vessel or watercraft, vehicle, or aircraft is |
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1 | | subject to forfeiture under this Article if the vessel or |
2 | | watercraft, vehicle, or aircraft is used with the knowledge
|
3 | | and consent of the owner in the commission of or in the attempt |
4 | | to commit as
defined in Section 8-4 of this Code: |
5 | | (1) an offense prohibited by Section 9-1 (first degree |
6 | | murder), Section
9-3 (involuntary manslaughter and |
7 | | reckless homicide), Section
10-2 (aggravated kidnaping), |
8 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 |
9 | | (aggravated criminal sexual assault), Section 11-1.40 |
10 | | (predatory criminal sexual assault of a child), subsection |
11 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection |
12 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal |
13 | | sexual abuse), Section 11-6 (indecent solicitation of a |
14 | | child), Section 11-14.4 (promoting commercial sexual |
15 | | exploitation of a child juvenile prostitution except for |
16 | | keeping a place of commercial sexual exploitation of a |
17 | | child juvenile prostitution ), Section 11-20.1 (child |
18 | | pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), |
19 | | (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or |
20 | | (e)(7) of Section 12-3.05 (aggravated battery), Section
|
21 | | 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), |
22 | | Section
16-1 (theft if the theft is of precious metal or of |
23 | | scrap metal), subdivision (f)(2) or (f)(3) of Section |
24 | | 16-25 (retail theft), Section 18-2 (armed robbery), |
25 | | Section 19-1 (burglary), Section 19-2 (possession of |
26 | | burglary tools), Section 19-3 (residential burglary), |
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1 | | Section 20-1 (arson; residential arson; place of worship |
2 | | arson), Section 20-2 (possession of explosives or |
3 | | explosive or incendiary devices), subdivision (a)(6) or |
4 | | (a)(7) of Section 24-1 (unlawful use of weapons), Section
|
5 | | 24-1.2 (aggravated discharge of a firearm), Section
|
6 | | 24-1.2-5 (aggravated discharge of a machine gun or a |
7 | | firearm equipped with a device designed or used for |
8 | | silencing the report of a firearm), Section
24-1.5 |
9 | | (reckless discharge of a firearm), Section 28-1 |
10 | | (gambling), or Section 29D-15.2 (possession of a deadly |
11 | | substance) of this Code; |
12 | | (2) an offense prohibited by Section 21, 22, 23, 24 or |
13 | | 26 of the Cigarette Tax
Act if the vessel or watercraft, |
14 | | vehicle, or aircraft contains more than 10 cartons of
such |
15 | | cigarettes; |
16 | | (3) an offense prohibited by Section 28, 29, or 30 of |
17 | | the Cigarette Use Tax Act if
the vessel or watercraft, |
18 | | vehicle, or aircraft contains more than 10 cartons of such
|
19 | | cigarettes; |
20 | | (4) an offense prohibited by Section 44 of the |
21 | | Environmental Protection Act; |
22 | | (5) an offense prohibited by
Section 11-204.1
of the |
23 | | Illinois Vehicle Code (aggravated fleeing or attempting to |
24 | | elude a peace officer); |
25 | | (6) an offense prohibited by Section 11-501 of the |
26 | | Illinois Vehicle Code (driving while under the influence |
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1 | | of alcohol or other drug or drugs, intoxicating compound |
2 | | or compounds or any combination thereof) or a similar |
3 | | provision of a local ordinance, and: |
4 | | (A) during a period in which his
or her driving |
5 | | privileges are revoked or suspended if
the revocation |
6 | | or suspension was for: |
7 | | (i) Section 11-501 (driving under the |
8 | | influence of alcohol or other drug or drugs, |
9 | | intoxicating compound or compounds or any
|
10 | | combination thereof), |
11 | | (ii) Section 11-501.1 (statutory summary |
12 | | suspension or revocation), |
13 | | (iii) paragraph (b) of Section
11-401 (motor |
14 | | vehicle accidents involving death or personal |
15 | | injuries), or |
16 | | (iv) reckless homicide as defined in Section |
17 | | 9-3
of this Code; |
18 | | (B) has been previously convicted of reckless |
19 | | homicide or a similar provision of a law of another |
20 | | state relating to reckless homicide in which the |
21 | | person was determined to have been under the influence |
22 | | of alcohol, other drug or drugs, or intoxicating |
23 | | compound or compounds as an element of the offense or |
24 | | the person has previously been convicted of committing |
25 | | a violation of
driving under the influence of alcohol |
26 | | or other drug or drugs, intoxicating compound or |
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1 | | compounds or any
combination thereof and was involved |
2 | | in a motor vehicle accident that resulted in death, |
3 | | great bodily harm, or permanent disability or |
4 | | disfigurement to another, when the violation was a |
5 | | proximate cause of the death or injuries; |
6 | | (C) the person committed a violation of driving |
7 | | under the influence of alcohol or other drug or drugs, |
8 | | intoxicating compound or compounds or any
combination |
9 | | thereof under Section 11-501 of the Illinois Vehicle |
10 | | Code or a similar provision for the third or |
11 | | subsequent
time; |
12 | | (D) he
or she did not possess a valid driver's |
13 | | license or permit or a valid restricted driving permit |
14 | | or a valid judicial driving permit or a valid |
15 | | monitoring device driving permit; or |
16 | | (E) he or she knew or should have known that the |
17 | | vehicle he or she was driving was not covered by a |
18 | | liability insurance policy; |
19 | | (7) an offense described in subsection (g) of Section |
20 | | 6-303 of the
Illinois Vehicle Code; |
21 | | (8) an offense described in subsection (e) of
Section |
22 | | 6-101 of the Illinois Vehicle Code; or |
23 | | (9)(A) operating a watercraft under the influence of |
24 | | alcohol, other drug or drugs, intoxicating compound or |
25 | | compounds, or combination thereof under Section 5-16 of |
26 | | the Boat Registration and Safety Act during a period in |
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1 | | which his or her privileges to operate a watercraft are |
2 | | revoked or suspended and the revocation or suspension was |
3 | | for operating a watercraft under the influence of alcohol, |
4 | | other drug or drugs, intoxicating compound or compounds, |
5 | | or combination thereof; (B) operating a watercraft under |
6 | | the influence of alcohol, other drug or drugs, |
7 | | intoxicating compound or compounds, or combination thereof |
8 | | and has been previously convicted of reckless homicide or |
9 | | a similar provision of a law in another state relating to |
10 | | reckless homicide in which the person was determined to |
11 | | have been under the influence of alcohol, other drug or |
12 | | drugs, intoxicating compound or compounds, or combination |
13 | | thereof as an element of the offense or the person has |
14 | | previously been convicted of committing a violation of |
15 | | operating a watercraft under the influence of alcohol, |
16 | | other drug or drugs, intoxicating compound or compounds, |
17 | | or combination thereof and was involved in an accident |
18 | | that resulted in death, great bodily harm, or permanent |
19 | | disability or disfigurement to another, when the violation |
20 | | was a proximate cause of the death or injuries; or (C) the |
21 | | person committed a violation of operating a watercraft |
22 | | under the influence of alcohol, other drug or drugs, |
23 | | intoxicating compound or compounds, or combination thereof |
24 | | under Section 5-16 of the Boat Registration and Safety Act |
25 | | or a similar provision for the third or subsequent time.
|
26 | | (b) In addition, any mobile or portable equipment used in |
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1 | | the commission of an
act which is in violation of Section 7g of |
2 | | the Metropolitan Water Reclamation
District Act shall be |
3 | | subject to seizure and forfeiture under the same
procedures |
4 | | provided in this Article for the seizure and forfeiture of |
5 | | vessels or watercraft,
vehicles, and aircraft, and any such |
6 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
7 | | aircraft for purposes of this Article.
|
8 | | (c) In addition, when a person discharges a firearm at |
9 | | another individual from a vehicle with
the knowledge and |
10 | | consent of the owner of the vehicle and with the intent to
|
11 | | cause death or great bodily harm to that individual and as a |
12 | | result causes
death or great bodily harm to that individual, |
13 | | the vehicle shall be subject to
seizure and forfeiture under |
14 | | the same procedures provided in this Article for
the seizure |
15 | | and forfeiture of vehicles used in violations of clauses (1), |
16 | | (2), (3), or (4) of subsection (a) of this Section.
|
17 | | (d) If the spouse of the owner of a vehicle seized for
an |
18 | | offense described in subsection (g) of Section 6-303 of the
|
19 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
20 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
21 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
22 | | Code makes a showing
that the seized vehicle is the only source |
23 | | of transportation and it is
determined that the financial |
24 | | hardship to the family as a result of the seizure
outweighs the |
25 | | benefit to the State from the seizure, the vehicle may be
|
26 | | forfeited to the spouse or family member and the title to the |
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1 | | vehicle shall be
transferred to the spouse or family member |
2 | | who is properly licensed and who
requires the use of the |
3 | | vehicle for employment or family transportation
purposes. A |
4 | | written declaration of forfeiture of a vehicle under this
|
5 | | Section shall be sufficient cause for the title to be |
6 | | transferred to the spouse
or family member. The provisions of |
7 | | this paragraph shall apply only to one
forfeiture per vehicle. |
8 | | If the vehicle is the subject of a subsequent
forfeiture |
9 | | proceeding by virtue of a subsequent conviction of either |
10 | | spouse or
the family member, the spouse or family member to |
11 | | whom the vehicle was
forfeited under the first forfeiture |
12 | | proceeding may not utilize the
provisions of this paragraph in |
13 | | another forfeiture proceeding. If the owner of
the vehicle |
14 | | seized owns more than one vehicle,
the procedure set out in |
15 | | this paragraph may be used for only one vehicle.
|
16 | | (e) In addition, property subject to forfeiture under |
17 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
18 | | Prevention Act may be seized and forfeited under this
Article.
|
19 | | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .) |
20 | | (Text of Section after amendment by P.A. 102-982 )
|
21 | | Sec. 36-1. Property subject to forfeiture. |
22 | | (a) Any vessel or watercraft, vehicle, or aircraft is |
23 | | subject to forfeiture under this Article if the vessel or |
24 | | watercraft, vehicle, or aircraft is used with the knowledge
|
25 | | and consent of the owner in the commission of or in the attempt |
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1 | | to commit as
defined in Section 8-4 of this Code: |
2 | | (1) an offense prohibited by Section 9-1 (first degree |
3 | | murder), Section
9-3 (involuntary manslaughter and |
4 | | reckless homicide), Section
10-2 (aggravated kidnaping), |
5 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 |
6 | | (aggravated criminal sexual assault), Section 11-1.40 |
7 | | (predatory criminal sexual assault of a child), subsection |
8 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection |
9 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal |
10 | | sexual abuse), Section 11-6 (indecent solicitation of a |
11 | | child), Section 11-14.4 (promoting commercial sexual |
12 | | exploitation of a child juvenile prostitution except for |
13 | | keeping a place of commercial sexual exploitation of a |
14 | | child juvenile prostitution ), Section 11-20.1 (child |
15 | | pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), |
16 | | (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or |
17 | | (e)(7) of Section 12-3.05 (aggravated battery), Section
|
18 | | 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), |
19 | | Section
16-1 (theft if the theft is of precious metal or of |
20 | | scrap metal), subdivision (f)(2) or (f)(3) of Section |
21 | | 16-25 (retail theft), Section 18-2 (armed robbery), |
22 | | Section 19-1 (burglary), Section 19-2 (possession of |
23 | | burglary tools), Section 19-3 (residential burglary), |
24 | | Section 20-1 (arson; residential arson; place of worship |
25 | | arson), Section 20-2 (possession of explosives or |
26 | | explosive or incendiary devices), subdivision (a)(6) or |
|
| | HB3150 Engrossed | - 217 - | LRB103 28611 RLC 54992 b |
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1 | | (a)(7) of Section 24-1 (unlawful use of weapons), Section
|
2 | | 24-1.2 (aggravated discharge of a firearm), Section
|
3 | | 24-1.2-5 (aggravated discharge of a machine gun or a |
4 | | firearm equipped with a device designed or used for |
5 | | silencing the report of a firearm), Section
24-1.5 |
6 | | (reckless discharge of a firearm), Section 28-1 |
7 | | (gambling), or Section 29D-15.2 (possession of a deadly |
8 | | substance) of this Code; |
9 | | (2) an offense prohibited by Section 21, 22, 23, 24 or |
10 | | 26 of the Cigarette Tax
Act if the vessel or watercraft, |
11 | | vehicle, or aircraft contains more than 10 cartons of
such |
12 | | cigarettes; |
13 | | (3) an offense prohibited by Section 28, 29, or 30 of |
14 | | the Cigarette Use Tax Act if
the vessel or watercraft, |
15 | | vehicle, or aircraft contains more than 10 cartons of such
|
16 | | cigarettes; |
17 | | (4) an offense prohibited by Section 44 of the |
18 | | Environmental Protection Act; |
19 | | (5) an offense prohibited by
Section 11-204.1
of the |
20 | | Illinois Vehicle Code (aggravated fleeing or attempting to |
21 | | elude a peace officer); |
22 | | (6) an offense prohibited by Section 11-501 of the |
23 | | Illinois Vehicle Code (driving while under the influence |
24 | | of alcohol or other drug or drugs, intoxicating compound |
25 | | or compounds or any combination thereof) or a similar |
26 | | provision of a local ordinance, and: |
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1 | | (A) during a period in which his
or her driving |
2 | | privileges are revoked or suspended if
the revocation |
3 | | or suspension was for: |
4 | | (i) Section 11-501 (driving under the |
5 | | influence of alcohol or other drug or drugs, |
6 | | intoxicating compound or compounds or any
|
7 | | combination thereof), |
8 | | (ii) Section 11-501.1 (statutory summary |
9 | | suspension or revocation), |
10 | | (iii) paragraph (b) of Section
11-401 (motor |
11 | | vehicle crashes involving death or personal |
12 | | injuries), or |
13 | | (iv) reckless homicide as defined in Section |
14 | | 9-3
of this Code; |
15 | | (B) has been previously convicted of reckless |
16 | | homicide or a similar provision of a law of another |
17 | | state relating to reckless homicide in which the |
18 | | person was determined to have been under the influence |
19 | | of alcohol, other drug or drugs, or intoxicating |
20 | | compound or compounds as an element of the offense or |
21 | | the person has previously been convicted of committing |
22 | | a violation of
driving under the influence of alcohol |
23 | | or other drug or drugs, intoxicating compound or |
24 | | compounds or any
combination thereof and was involved |
25 | | in a motor vehicle crash that resulted in death, great |
26 | | bodily harm, or permanent disability or disfigurement |
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1 | | to another, when the violation was a proximate cause |
2 | | of the death or injuries; |
3 | | (C) the person committed a violation of driving |
4 | | under the influence of alcohol or other drug or drugs, |
5 | | intoxicating compound or compounds or any
combination |
6 | | thereof under Section 11-501 of the Illinois Vehicle |
7 | | Code or a similar provision for the third or |
8 | | subsequent
time; |
9 | | (D) he
or she did not possess a valid driver's |
10 | | license or permit or a valid restricted driving permit |
11 | | or a valid judicial driving permit or a valid |
12 | | monitoring device driving permit; or |
13 | | (E) he or she knew or should have known that the |
14 | | vehicle he or she was driving was not covered by a |
15 | | liability insurance policy; |
16 | | (7) an offense described in subsection (g) of Section |
17 | | 6-303 of the
Illinois Vehicle Code; |
18 | | (8) an offense described in subsection (e) of
Section |
19 | | 6-101 of the Illinois Vehicle Code; or |
20 | | (9)(A) operating a watercraft under the influence of |
21 | | alcohol, other drug or drugs, intoxicating compound or |
22 | | compounds, or combination thereof under Section 5-16 of |
23 | | the Boat Registration and Safety Act during a period in |
24 | | which his or her privileges to operate a watercraft are |
25 | | revoked or suspended and the revocation or suspension was |
26 | | for operating a watercraft under the influence of alcohol, |
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1 | | other drug or drugs, intoxicating compound or compounds, |
2 | | or combination thereof; (B) operating a watercraft under |
3 | | the influence of alcohol, other drug or drugs, |
4 | | intoxicating compound or compounds, or combination thereof |
5 | | and has been previously convicted of reckless homicide or |
6 | | a similar provision of a law in another state relating to |
7 | | reckless homicide in which the person was determined to |
8 | | have been under the influence of alcohol, other drug or |
9 | | drugs, intoxicating compound or compounds, or combination |
10 | | thereof as an element of the offense or the person has |
11 | | previously been convicted of committing a violation of |
12 | | operating a watercraft under the influence of alcohol, |
13 | | other drug or drugs, intoxicating compound or compounds, |
14 | | or combination thereof and was involved in an accident |
15 | | that resulted in death, great bodily harm, or permanent |
16 | | disability or disfigurement to another, when the violation |
17 | | was a proximate cause of the death or injuries; or (C) the |
18 | | person committed a violation of operating a watercraft |
19 | | under the influence of alcohol, other drug or drugs, |
20 | | intoxicating compound or compounds, or combination thereof |
21 | | under Section 5-16 of the Boat Registration and Safety Act |
22 | | or a similar provision for the third or subsequent time.
|
23 | | (b) In addition, any mobile or portable equipment used in |
24 | | the commission of an
act which is in violation of Section 7g of |
25 | | the Metropolitan Water Reclamation
District Act shall be |
26 | | subject to seizure and forfeiture under the same
procedures |
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1 | | provided in this Article for the seizure and forfeiture of |
2 | | vessels or watercraft,
vehicles, and aircraft, and any such |
3 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
4 | | aircraft for purposes of this Article.
|
5 | | (c) In addition, when a person discharges a firearm at |
6 | | another individual from a vehicle with
the knowledge and |
7 | | consent of the owner of the vehicle and with the intent to
|
8 | | cause death or great bodily harm to that individual and as a |
9 | | result causes
death or great bodily harm to that individual, |
10 | | the vehicle shall be subject to
seizure and forfeiture under |
11 | | the same procedures provided in this Article for
the seizure |
12 | | and forfeiture of vehicles used in violations of clauses (1), |
13 | | (2), (3), or (4) of subsection (a) of this Section.
|
14 | | (d) If the spouse of the owner of a vehicle seized for
an |
15 | | offense described in subsection (g) of Section 6-303 of the
|
16 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
17 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
18 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
19 | | Code makes a showing
that the seized vehicle is the only source |
20 | | of transportation and it is
determined that the financial |
21 | | hardship to the family as a result of the seizure
outweighs the |
22 | | benefit to the State from the seizure, the vehicle may be
|
23 | | forfeited to the spouse or family member and the title to the |
24 | | vehicle shall be
transferred to the spouse or family member |
25 | | who is properly licensed and who
requires the use of the |
26 | | vehicle for employment or family transportation
purposes. A |
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1 | | written declaration of forfeiture of a vehicle under this
|
2 | | Section shall be sufficient cause for the title to be |
3 | | transferred to the spouse
or family member. The provisions of |
4 | | this paragraph shall apply only to one
forfeiture per vehicle. |
5 | | If the vehicle is the subject of a subsequent
forfeiture |
6 | | proceeding by virtue of a subsequent conviction of either |
7 | | spouse or
the family member, the spouse or family member to |
8 | | whom the vehicle was
forfeited under the first forfeiture |
9 | | proceeding may not utilize the
provisions of this paragraph in |
10 | | another forfeiture proceeding. If the owner of
the vehicle |
11 | | seized owns more than one vehicle,
the procedure set out in |
12 | | this paragraph may be used for only one vehicle.
|
13 | | (e) In addition, property subject to forfeiture under |
14 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
15 | | Prevention Act may be seized and forfeited under this
Article.
|
16 | | (Source: P.A. 102-982, eff. 7-1-23.) |
17 | | Section 60. The Improper Supervision of Children Act is |
18 | | amended by changing Section 1 as follows:
|
19 | | (720 ILCS 640/1) (from Ch. 23, par. 2369)
|
20 | | Sec. 1.
Any parent, legal guardian or other person commits |
21 | | improper
supervision of a child when he knowingly permits a |
22 | | child in his custody or
control under the age of 18 years to |
23 | | associate with known thieves,
burglars, felons, narcotic |
24 | | addicts or other persons of ill repute, visit a
place of |
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1 | | commercial sexual activity prostitution , commit a lewd act, |
2 | | commit an act tending to break
the peace or violate a municipal |
3 | | curfew ordinance.
|
4 | | (Source: Laws 1961, p. 2454.)
|
5 | | Section 65. The Code of Criminal Procedure of 1963 is |
6 | | amended by changing Sections 108B-3, 111-8, 115-6.1, 116-2.1, |
7 | | 124B-10, 124B-100, and 124B-300 as follows: |
8 | | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) |
9 | | Sec. 108B-3. Authorization for the interception of private
|
10 | | communication. |
11 | | (a) The State's Attorney, or a person
designated in |
12 | | writing or
by law to act for him and to perform his duties |
13 | | during his absence or
disability, may authorize, in writing, |
14 | | an ex parte application to the chief
judge of a court of |
15 | | competent jurisdiction for an order authorizing the
|
16 | | interception of a private communication when no
party has |
17 | | consented to
the interception and (i) the interception may |
18 | | provide evidence of, or may
assist in the apprehension of a |
19 | | person who has committed, is committing or
is about to commit, |
20 | | a violation of Section 8-1(b) (solicitation of murder),
8-1.2 |
21 | | (solicitation of murder for hire), 9-1 (first degree murder), |
22 | | 10-9 (involuntary servitude, involuntary sexual servitude of a |
23 | | minor, or trafficking in persons), paragraph (1), (2), or (3) |
24 | | of subsection (a) of Section 11-14.4 (promoting commercial |
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1 | | sexual exploitation of a child juvenile prostitution ), |
2 | | subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 |
3 | | (promoting commercial sexual activity prostitution ), 11-15.1 |
4 | | (soliciting for a sexually exploited child minor engaged in |
5 | | prostitution ), 11-16 (pandering), 11-17.1 (keeping a place of |
6 | | commercial sexual exploitation of a child juvenile |
7 | | prostitution ), 11-18.1 (patronizing a sexually exploited child |
8 | | minor engaged in prostitution ), 11-19.1 (juvenile pimping and |
9 | | aggravated juvenile pimping), or 29B-1
(money laundering) of |
10 | | the Criminal Code of 1961 or the Criminal Code of 2012,
Section |
11 | | 401, 401.1 (controlled substance
trafficking), 405, 405.1 |
12 | | (criminal drug conspiracy) or 407 of the Illinois
Controlled |
13 | | Substances Act or any Section of the Methamphetamine Control |
14 | | and Community Protection Act, a violation of Section 24-2.1, |
15 | | 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or |
16 | | subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), |
17 | | 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012
or conspiracy to commit money laundering |
19 | | or
conspiracy to commit first degree murder; (ii)
in response |
20 | | to a clear and present danger of imminent death or great bodily
|
21 | | harm to persons resulting from: (1) a kidnapping or the |
22 | | holding of a
hostage by force or the threat of the imminent use |
23 | | of force; or (2) the
occupation by force or the threat of the |
24 | | imminent use of force of any
premises, place, vehicle, vessel |
25 | | or aircraft; (iii) to aid an investigation
or prosecution of a |
26 | | civil action brought under the Illinois Streetgang
Terrorism |
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1 | | Omnibus Prevention Act when there is probable cause to
believe |
2 | | the
interception of the private communication will
provide |
3 | | evidence that a
streetgang is committing, has committed, or |
4 | | will commit a second or subsequent
gang-related offense or |
5 | | that the interception of the private
communication
will aid in |
6 | | the collection of a judgment entered under that Act; or (iv)
|
7 | | upon
information and belief that a streetgang has committed, |
8 | | is committing, or is
about to commit a felony. |
9 | | (b) The State's Attorney or a person designated in writing |
10 | | or by law to
act for the State's Attorney and to perform his or |
11 | | her duties during his or her
absence or disability, may |
12 | | authorize, in writing, an ex parte application to
the chief |
13 | | judge of a circuit court for an order authorizing
the |
14 | | interception of a private communication when no
party has |
15 | | consented to the interception and the interception may provide
|
16 | | evidence of, or may assist in the apprehension of a person who |
17 | | has committed,
is committing or is about to commit, a |
18 | | violation of an offense under Article
29D of the Criminal Code |
19 | | of 1961 or the Criminal Code of 2012. |
20 | | (b-1) Subsection (b) is inoperative on and after January |
21 | | 1, 2005. |
22 | | (b-2) No conversations recorded or monitored pursuant to |
23 | | subsection (b)
shall be made inadmissible in a court of law by |
24 | | virtue of subsection (b-1). |
25 | | (c) As used in this Section, "streetgang" and |
26 | | "gang-related" have the
meanings ascribed to them in Section |
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1 | | 10 of the Illinois Streetgang Terrorism
Omnibus Prevention |
2 | | Act. |
3 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; |
4 | | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
5 | | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
|
6 | | Sec. 111-8. Orders of protection to prohibit domestic |
7 | | violence.
|
8 | | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, |
9 | | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
10 | | 11-1.60, 11-14.3 that involves soliciting for a provider of |
11 | | commercial sexual activity prostitute , 11-14.4 that involves |
12 | | soliciting for a sexually exploited child juvenile prostitute , |
13 | | 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
|
14 | | 12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, |
15 | | 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, |
16 | | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, |
17 | | 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012 or Section 1-1 of the Harassing and |
19 | | Obscene Communications Act is alleged in an information, |
20 | | complaint or indictment
on file, and the alleged offender and |
21 | | victim are family or household members,
as defined in the |
22 | | Illinois Domestic Violence Act of 1986, as now or hereafter |
23 | | amended,
the People through the respective State's Attorneys |
24 | | may by separate petition
and upon notice to the defendant, |
25 | | except as provided in subsection (c) herein,
request the court |
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1 | | to issue an order of protection.
|
2 | | (b) In addition to any other remedies specified in Section |
3 | | 208 of the
Illinois Domestic Violence Act of 1986, as now or |
4 | | hereafter amended, the order may
direct the defendant
to |
5 | | initiate no contact with the alleged victim or victims who are |
6 | | family
or household members and to refrain from entering the |
7 | | residence, school
or place of business of the alleged victim |
8 | | or victims.
|
9 | | (c) The court may grant emergency relief without notice |
10 | | upon a showing
of immediate and present danger of abuse to the |
11 | | victim or minor children of the
victim and may enter a |
12 | | temporary order pending notice and full hearing on the
matter.
|
13 | | (Source: P.A. 99-642, eff. 7-28-16.) |
14 | | (725 ILCS 5/115-6.1) |
15 | | Sec. 115-6.1. Commercial sexual activity Prostitution ; |
16 | | affirmative defense. |
17 | | (a) In prosecutions for commercial sexual activity |
18 | | prostitution , when the accused intends to raise at trial the |
19 | | affirmative defense provided in subsection (c-5) of Section |
20 | | 11-14 of the Criminal Code of 2012 and has reason to believe |
21 | | that the evidence presented in asserting that defense may |
22 | | jeopardize the safety of the accused, courtroom personnel, or |
23 | | others impacted by human trafficking, the accused may file |
24 | | under seal a motion for an in camera hearing to review the |
25 | | accused's safety concerns. Upon receipt of the motion and |
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1 | | notice to the parties, the court shall conduct an in camera |
2 | | hearing, with counsel present, limited to review of potential |
3 | | safety concerns. The court shall cause an official record of |
4 | | the in camera hearing to be made, which shall be kept under |
5 | | seal. The court shall not consider the merits of the |
6 | | affirmative defense during the in camera review. |
7 | | (b) If the court finds by a preponderance of the evidence |
8 | | that the assertion of an affirmative defense under subsection |
9 | | (c-5) of Section 11-14 of the Criminal Code of 2012 by the |
10 | | accused in open court would likely jeopardize the safety of |
11 | | the accused, court personnel, or other persons, the court may |
12 | | clear the courtroom with the agreement of the accused, order |
13 | | additional in camera hearings, seal the records, prohibit |
14 | | court personnel from disclosing the proceedings without prior |
15 | | court approval, or take any other appropriate measure that in |
16 | | the court's discretion will enhance the safety of the |
17 | | proceedings and ensure the accused a full and fair opportunity |
18 | | to assert his or her affirmative defense. |
19 | | (c) Statements made by the accused during the in camera |
20 | | hearing to review safety concerns shall not be admissible |
21 | | against the accused for the crimes charged.
|
22 | | (Source: P.A. 99-109, eff. 7-22-15.) |
23 | | (725 ILCS 5/116-2.1) |
24 | | Sec. 116-2.1. Motion to vacate commercial sexual activity |
25 | | prostitution convictions for sex trafficking victims. |
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1 | | (a) A motion under this Section may be filed at any time |
2 | | following the entry of a verdict or finding of guilty where the |
3 | | conviction was under Section 11-14 ( commercial sexual activity |
4 | | prostitution ) or Section 11-14.2 (first offender; felony |
5 | | commercial sexual activity prostitution ) of the Criminal Code |
6 | | of 1961 or the Criminal Code of 2012 or a similar local |
7 | | ordinance and the defendant's participation in the offense was |
8 | | a result of having been a trafficking victim under Section |
9 | | 10-9 (involuntary servitude, involuntary sexual servitude of a |
10 | | minor, or trafficking in persons) of the Criminal Code of 1961 |
11 | | or the Criminal Code of 2012; or a victim of a severe form of |
12 | | trafficking under the federal Trafficking Victims Protection |
13 | | Act (22 U.S.C. Section 7102(13)); provided that: |
14 | | (1) a motion under this Section shall state why the |
15 | | facts giving rise to this motion were not presented to the |
16 | | trial court, and shall be made with due diligence, after |
17 | | the defendant has ceased to be a victim of such |
18 | | trafficking or has sought services for victims of such |
19 | | trafficking, subject to reasonable concerns for the safety |
20 | | of the defendant, family members of the defendant, or |
21 | | other victims of such trafficking that may be jeopardized |
22 | | by the bringing of such motion, or for other reasons |
23 | | consistent with the purpose of this Section; and |
24 | | (2) reasonable notice of the motion shall be served |
25 | | upon the State. |
26 | | (b) The court may grant the motion if, in the discretion of |
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1 | | the court, the violation was a result of the defendant having |
2 | | been a victim of human trafficking. Evidence of such may |
3 | | include, but is not limited to: |
4 | | (1) certified records of federal or State court |
5 | | proceedings which demonstrate that the defendant was a |
6 | | victim of a trafficker charged with a trafficking offense |
7 | | under Section 10-9 of the Criminal Code of 1961 or the |
8 | | Criminal Code of 2012, or under 22 U.S.C. Chapter 78; |
9 | | (2) certified records of "approval notices" or "law |
10 | | enforcement certifications" generated from federal |
11 | | immigration proceedings available to such victims; or |
12 | | (3) a sworn statement from a trained professional |
13 | | staff of a victim services organization, an attorney, a |
14 | | member of the clergy, or a medical or other professional |
15 | | from whom the defendant has sought assistance in |
16 | | addressing the trauma associated with being trafficked. |
17 | | Alternatively, the court may consider such other evidence |
18 | | as it deems of sufficient credibility and probative value in |
19 | | determining whether the defendant is a trafficking victim or |
20 | | victim of a severe form of trafficking. |
21 | | (c) If the court grants a motion under this Section, it |
22 | | must vacate the conviction and may take such additional action |
23 | | as is appropriate in the circumstances.
|
24 | | (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; |
25 | | 97-1150, eff. 1-25-13.)
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1 | | (725 ILCS 5/124B-10)
|
2 | | Sec. 124B-10. Applicability; offenses. This Article |
3 | | applies to forfeiture of property in connection with the |
4 | | following: |
5 | | (1) A violation of Section 10-9 or 10A-10 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012 |
7 | | (involuntary servitude; involuntary servitude of a minor; |
8 | | or trafficking in persons). |
9 | | (2) A violation of subdivision (a)(1) of Section |
10 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012 (promoting commercial sexual exploitation of a |
12 | | child juvenile prostitution ) or a violation of Section |
13 | | 11-17.1 of the Criminal Code of 1961 (keeping a place of |
14 | | commercial sexual exploitation of a child juvenile |
15 | | prostitution ). |
16 | | (3) A violation of subdivision (a)(4) of Section |
17 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code |
18 | | of 2012 (promoting commercial sexual exploitation of a |
19 | | child juvenile prostitution ) or a violation of Section |
20 | | 11-19.2 of the Criminal Code of 1961 (exploitation of a |
21 | | child). |
22 | | (4) A second or subsequent violation of Section 11-20 |
23 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
24 | | (obscenity). |
25 | | (5) A violation of Section 11-20.1 of the Criminal |
26 | | Code of 1961 or the Criminal Code of 2012 (child |
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1 | | pornography). |
2 | | (6) A violation of Section 11-20.1B or 11-20.3 of the |
3 | | Criminal Code of 1961 (aggravated child pornography). |
4 | | (6.5) A violation of Section 11-23.5 of the Criminal |
5 | | Code of 2012. |
6 | | (7) A violation of Section 12C-65 of the Criminal Code |
7 | | of 2012 or Article 44 of the Criminal Code of 1961 |
8 | | (unlawful transfer of a telecommunications device to a |
9 | | minor). |
10 | | (8) A violation of Section 17-50 or Section 16D-5 of |
11 | | the Criminal Code of 2012 or the Criminal Code of 1961 |
12 | | (computer fraud). |
13 | | (9) A felony violation of Section 17-6.3 or Article |
14 | | 17B of the Criminal Code of 2012 or the Criminal Code of |
15 | | 1961 (WIC fraud). |
16 | | (10) A felony violation of Section 48-1 of the |
17 | | Criminal Code of 2012 or Section 26-5 of the Criminal Code |
18 | | of 1961 (dog fighting). |
19 | | (11) A violation of Article 29D of the Criminal Code |
20 | | of 1961 or the Criminal Code of 2012 (terrorism). |
21 | | (12) A felony violation of Section 4.01 of the Humane |
22 | | Care for Animals Act (animals in entertainment).
|
23 | | (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; |
24 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. |
25 | | 6-1-15 .)
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1 | | (725 ILCS 5/124B-100)
|
2 | | Sec. 124B-100. Definition; "offense". For purposes of this |
3 | | Article, "offense" is defined as follows: |
4 | | (1) In the case of forfeiture authorized under Section |
5 | | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the |
6 | | Criminal Code of 2012, "offense" means the offense of |
7 | | involuntary servitude, involuntary servitude of a minor, |
8 | | or trafficking in persons in violation of Section 10-9 or |
9 | | 10A-10 of those Codes. |
10 | | (2) In the case of forfeiture authorized under |
11 | | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, |
12 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
13 | | "offense" means the offense of promoting commercial sexual |
14 | | exploitation of a child juvenile prostitution or keeping a |
15 | | place of commercial sexual exploitation of a child |
16 | | juvenile prostitution in violation of subdivision (a)(1) |
17 | | of Section 11-14.4, or Section 11-17.1, of those Codes. |
18 | | (3) In the case of forfeiture authorized under |
19 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, |
20 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
21 | | "offense" means the offense of promoting commercial sexual |
22 | | exploitation of a child juvenile prostitution or |
23 | | exploitation of a child in violation of subdivision (a)(4) |
24 | | of Section 11-14.4, or Section 11-19.2, of those Codes. |
25 | | (4) In the case of forfeiture authorized under Section |
26 | | 11-20 of the Criminal Code of 1961 or the Criminal Code of |
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1 | | 2012, "offense" means the offense of obscenity in |
2 | | violation of that Section. |
3 | | (5) In the case of forfeiture authorized under Section |
4 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
5 | | of 2012, "offense" means the offense of child pornography |
6 | | in violation of Section 11-20.1 of that Code. |
7 | | (6) In the case of forfeiture authorized under Section |
8 | | 11-20.1B or 11-20.3 of the Criminal Code of 1961, |
9 | | "offense" means the offense of aggravated child |
10 | | pornography in violation of Section 11-20.1B or 11-20.3 of |
11 | | that Code. |
12 | | (7) In the case of forfeiture authorized under Section |
13 | | 12C-65 of the Criminal Code of 2012 or Article 44 of the |
14 | | Criminal Code of 1961, "offense" means the offense of |
15 | | unlawful transfer of a telecommunications device to a |
16 | | minor in violation of Section 12C-65 or Article 44 of |
17 | | those Codes. |
18 | | (8) In the case of forfeiture authorized under Section |
19 | | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal |
20 | | Code of 2012, "offense" means the offense of computer |
21 | | fraud in violation of Section 17-50 or 16D-5 of those |
22 | | Codes. |
23 | | (9) In the case of forfeiture authorized under Section |
24 | | 17-6.3 or Article 17B of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012, "offense" means any felony |
26 | | violation of Section 17-6.3 or Article 17B of those Codes. |
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1 | | (10) In the case of forfeiture authorized under |
2 | | Section 29D-65 of the Criminal Code of 1961 or the |
3 | | Criminal Code of 2012, "offense" means any offense under |
4 | | Article 29D of that Code. |
5 | | (11) In the case of forfeiture authorized under |
6 | | Section 4.01 of the Humane Care for Animals Act, Section |
7 | | 26-5 of the Criminal Code of 1961, or Section 48-1 of the |
8 | | Criminal Code of 2012, "offense" means any felony offense |
9 | | under either of those Sections.
|
10 | | (12) In the case of forfeiture authorized under |
11 | | Section 124B-1000(b) of the Code of Criminal Procedure of |
12 | | 1963, "offense" means an offense in violation of the |
13 | | Criminal Code of 1961, the Criminal Code of 2012, the |
14 | | Illinois Controlled Substances Act, the Cannabis Control |
15 | | Act, or the Methamphetamine Control and Community |
16 | | Protection Act, or an offense involving a |
17 | | telecommunications device possessed by a person on the |
18 | | real property of any elementary or secondary school |
19 | | without authority of the school principal. |
20 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
21 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
22 | | 1-1-13; 97-1150, eff. 1-25-13.)
|
23 | | (725 ILCS 5/124B-300) |
24 | | Sec. 124B-300. Persons and property subject to forfeiture. |
25 | | A person who commits the offense of involuntary servitude, |
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1 | | involuntary servitude of a minor, or trafficking of persons |
2 | | under Section 10A-10 or Section 10-9 of the Criminal Code of |
3 | | 1961 or the Criminal Code of 2012, promoting commercial sexual |
4 | | exploitation of a child juvenile prostitution , keeping a place |
5 | | of commercial sexual exploitation of a child juvenile |
6 | | prostitution , or promoting commercial sexual activity |
7 | | prostitution that involves keeping a place of commercial |
8 | | sexual activity prostitution under subsection (a)(1) or (a)(4) |
9 | | of Section 11-14.4 or under Section 11-14.3, 11-17.1, or |
10 | | 11-19.2 of the Criminal Code of 1961 or of the Criminal Code of |
11 | | 2012 shall forfeit to the State of Illinois any profits or |
12 | | proceeds and any property he or she has acquired or maintained |
13 | | in violation of Section 10A-10 or Section 10-9 of the Criminal |
14 | | Code of 1961 or the Criminal Code of 2012, promoting |
15 | | commercial sexual exploitation of a child juvenile |
16 | | prostitution , keeping a place of commercial sexual |
17 | | exploitation of a child juvenile prostitution , or promoting |
18 | | commercial sexual activity prostitution that involves keeping |
19 | | a place of commercial sexual activity prostitution under |
20 | | subsection (a)(1) or (a)(4) of Section 11-14.4 or under |
21 | | Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of |
22 | | 1961 or of the Criminal Code of 2012 that the sentencing court |
23 | | determines, after a forfeiture hearing under this Article, to |
24 | | have been acquired or maintained as a result of maintaining a |
25 | | person in involuntary servitude or participating in |
26 | | trafficking of persons.
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1 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .) |
2 | | Section 67. The Sexually Violent Persons Commitment Act is |
3 | | amended by changing Section 40 as follows: |
4 | | (725 ILCS 207/40)
|
5 | | Sec. 40. Commitment.
|
6 | | (a) If a court or jury determines that the person who is |
7 | | the
subject of a petition under Section 15 of this Act is a |
8 | | sexually
violent person, the court shall order the person to |
9 | | be committed
to the custody of the Department for control, |
10 | | care and treatment
until such time as the person is no longer a |
11 | | sexually violent
person.
|
12 | | (b)(1) The court shall enter an initial commitment order |
13 | | under
this Section pursuant to a hearing held as soon as |
14 | | practicable
after the judgment is entered that the person who |
15 | | is the subject of a
petition under Section 15 is a sexually |
16 | | violent person.
If the court lacks sufficient information to |
17 | | make the
determination required by paragraph (b)(2) of this |
18 | | Section
immediately after trial, it may adjourn the hearing |
19 | | and order the
Department to conduct a predisposition |
20 | | investigation or a
supplementary mental examination, or both, |
21 | | to assist the court in
framing the commitment order. If the |
22 | | Department's examining evaluator previously rendered an |
23 | | opinion that the person who is the subject of a petition under |
24 | | Section 15 does not meet the criteria to be found a sexually |
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1 | | violent person, then another evaluator shall conduct the |
2 | | predisposition investigation and/or supplementary mental |
3 | | examination. A supplementary mental examination
under this |
4 | | Section shall be conducted in accordance with Section
3-804 of |
5 | | the Mental Health and Developmental Disabilities Code.
The |
6 | | State has the right to have the person evaluated by experts |
7 | | chosen by the State.
|
8 | | (2) An order for commitment under this Section shall |
9 | | specify
either institutional care in a secure facility, as |
10 | | provided under
Section 50 of this Act, or conditional release. |
11 | | In determining
whether commitment shall be for institutional |
12 | | care in a secure
facility or for conditional release, the |
13 | | court shall consider the
nature and circumstances of the |
14 | | behavior that was the basis of the
allegation in the petition |
15 | | under paragraph (b)(1) of Section 15, the person's
mental |
16 | | history and present mental condition, and what
arrangements |
17 | | are available to ensure that the person has access to
and will |
18 | | participate in necessary treatment.
All treatment, whether in |
19 | | institutional care, in a secure facility, or while
on
|
20 | | conditional release, shall be conducted in conformance
with |
21 | | the standards developed under the Sex Offender Management |
22 | | Board
Act and conducted by a treatment provider licensed under |
23 | | the Sex Offender Evaluation and Treatment Provider Act.
The |
24 | | Department shall
arrange for control, care and treatment of |
25 | | the person in the least
restrictive manner consistent with the |
26 | | requirements of the person
and in accordance with the court's |
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1 | | commitment order.
|
2 | | (3) If the court finds that the person is appropriate for
|
3 | | conditional release, the court shall notify the Department. |
4 | | The
Department shall prepare a plan that identifies the |
5 | | treatment and
services, if any, that the person will receive |
6 | | in the community.
The plan shall address the person's need, if |
7 | | any, for
supervision, counseling, medication, community |
8 | | support services,
residential services, vocational services, |
9 | | and alcohol or other
drug abuse treatment. The Department may |
10 | | contract with a county
health department, with another public |
11 | | agency or with a private
agency to provide the treatment and |
12 | | services identified in the
plan. The plan shall specify who |
13 | | will be responsible for
providing the treatment and services |
14 | | identified in the plan. The
plan shall be presented to the |
15 | | court for its approval within 60
days after the court finding |
16 | | that the person is appropriate for
conditional release, unless |
17 | | the Department and the person to be
released request |
18 | | additional time to develop the plan.
The conditional release |
19 | | program operated under this Section is not
subject to the |
20 | | provisions of the Mental Health and Developmental Disabilities
|
21 | | Confidentiality Act.
|
22 | | (4) An order for conditional release places the person in
|
23 | | the custody and control of the Department. A person on
|
24 | | conditional release is subject to the conditions set by the |
25 | | court
and to the rules of the Department. Before a person is |
26 | | placed on
conditional release by the court under this Section, |
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1 | | the court
shall so notify the municipal police department and |
2 | | county sheriff
for the municipality and county in which the |
3 | | person will be
residing. The notification requirement under |
4 | | this Section does
not apply if a municipal police department |
5 | | or county sheriff
submits to the court a written statement |
6 | | waiving the right to be
notified. Notwithstanding any other |
7 | | provision in the Act, the person being supervised on |
8 | | conditional release shall not reside at the same street |
9 | | address as another sex offender being supervised on |
10 | | conditional release under this Act, mandatory supervised |
11 | | release, parole, aftercare release, probation, or any other |
12 | | manner of supervision. If the Department alleges that a |
13 | | released person has
violated any condition or rule, or that |
14 | | the safety of others
requires that conditional release be |
15 | | revoked, he or she may be
taken into custody under the rules of |
16 | | the Department.
|
17 | | At any time during which the person is on conditional |
18 | | release, if the
Department determines that the person has |
19 | | violated any condition or rule, or
that the safety of others |
20 | | requires that conditional release be revoked, the
Department |
21 | | may request the Attorney General or State's Attorney to |
22 | | request the
court to issue an emergency ex parte order |
23 | | directing any law enforcement
officer
to take the person into |
24 | | custody and transport the person to the county jail.
The |
25 | | Department may request, or the Attorney General or State's |
26 | | Attorney may
request independently of the Department, that a |
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1 | | petition to revoke conditional
release be filed. When a |
2 | | petition is filed, the court may order the Department
to issue |
3 | | a notice to the person to be present at the Department or other
|
4 | | agency designated by the court, order a summons to the person |
5 | | to be present, or
order a body attachment for all law |
6 | | enforcement officers to take the person
into custody and |
7 | | transport him or her to the county jail, hospital, or
|
8 | | treatment
facility.
The
Department shall submit a statement |
9 | | showing probable cause of the
detention and a petition to |
10 | | revoke the order for conditional
release to the committing |
11 | | court within 48 hours after the
detention. The court shall |
12 | | hear the petition within 30 days,
unless the hearing or time |
13 | | deadline is waived by the detained
person. Pending the |
14 | | revocation hearing, the Department may detain
the person in a |
15 | | jail, in a hospital or treatment facility. The
State has the |
16 | | burden of proving by clear and convincing evidence
that any |
17 | | rule or condition of release has been violated, or that
the |
18 | | safety of others requires that the conditional release be
|
19 | | revoked. If the court determines after hearing that any rule |
20 | | or
condition of release has been violated, or that the safety |
21 | | of
others requires that conditional release be revoked, it may |
22 | | revoke
the order for conditional release and order that the |
23 | | released
person be placed in an appropriate institution until |
24 | | the person is
discharged from the commitment under Section 65 |
25 | | of this Act or
until again placed on conditional release under |
26 | | Section 60 of this
Act.
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1 | | (5) An order for conditional release places the person in |
2 | | the custody,
care, and control of the Department. The court |
3 | | shall order the person be
subject to the following rules of |
4 | | conditional release, in addition to any other
conditions |
5 | | ordered, and the person shall be given a certificate setting |
6 | | forth
the
conditions of conditional release. These conditions |
7 | | shall be that the person:
|
8 | | (A) not violate any criminal statute of any |
9 | | jurisdiction;
|
10 | | (B) report to or appear in person before such person |
11 | | or agency as
directed by the court and the Department;
|
12 | | (C) refrain from possession of a firearm or other |
13 | | dangerous weapon;
|
14 | | (D) not leave the State without the consent of the |
15 | | court or, in
circumstances in which the reason for the |
16 | | absence is of such an emergency
nature, that prior consent |
17 | | by the court is not possible without the prior
|
18 | | notification and approval of the Department;
|
19 | | (E) at the direction of the Department, notify third |
20 | | parties of the
risks that may be occasioned by his or her |
21 | | criminal record or sexual offending
history or |
22 | | characteristics, and permit the supervising officer or |
23 | | agent to make
the
notification requirement;
|
24 | | (F) attend and fully participate in assessment, |
25 | | treatment, and behavior
monitoring including, but not |
26 | | limited to, medical, psychological or psychiatric
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1 | | treatment specific to sexual offending, drug addiction, or |
2 | | alcoholism, to the
extent appropriate to the person based |
3 | | upon the recommendation and findings
made in the |
4 | | Department evaluation or based upon any subsequent |
5 | | recommendations
by the Department;
|
6 | | (G) waive confidentiality allowing the court and |
7 | | Department access to
assessment or treatment results or |
8 | | both;
|
9 | | (H) work regularly at a Department approved occupation |
10 | | or pursue a
course of study or vocational training and |
11 | | notify the Department within
72 hours of any change in |
12 | | employment, study, or training;
|
13 | | (I) not be employed or participate in any volunteer |
14 | | activity that
involves contact with children, except under |
15 | | circumstances approved in advance
and in writing by the |
16 | | Department officer;
|
17 | | (J) submit to the search of his or her person, |
18 | | residence, vehicle, or
any personal or
real property under |
19 | | his or her control at any time by the Department;
|
20 | | (K) financially support his or her dependents and |
21 | | provide the Department
access
to any requested financial |
22 | | information;
|
23 | | (L) serve a term of home confinement, the conditions |
24 | | of which shall be
that the person:
|
25 | | (i) remain within the interior premises of the |
26 | | place designated for
his or her confinement during the |
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1 | | hours designated by the Department;
|
2 | | (ii) admit any person or agent designated by the |
3 | | Department into the
offender's place of confinement at |
4 | | any time for purposes of verifying the
person's |
5 | | compliance with the condition of his or her |
6 | | confinement;
|
7 | | (iii) if deemed necessary by the Department, be |
8 | | placed on an
electronic monitoring device;
|
9 | | (M) comply with the terms and conditions of an order |
10 | | of protection
issued by the court pursuant to the Illinois |
11 | | Domestic Violence Act of 1986. A
copy of the order of |
12 | | protection shall be
transmitted to the Department by the |
13 | | clerk of the court;
|
14 | | (N) refrain from entering into a designated geographic |
15 | | area except upon
terms the Department finds appropriate. |
16 | | The terms may include
consideration of the purpose of the |
17 | | entry, the time of day, others accompanying
the person, |
18 | | and advance approval by the Department;
|
19 | | (O) refrain from having any contact, including written |
20 | | or oral
communications, directly or indirectly, with |
21 | | certain specified persons
including, but not limited to, |
22 | | the victim or the victim's family, and
report any |
23 | | incidental contact with the victim or the victim's family |
24 | | to
the Department within 72 hours; refrain from entering |
25 | | onto the premises of,
traveling
past,
or loitering near |
26 | | the victim's residence, place of employment, or other |
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1 | | places
frequented by the victim;
|
2 | | (P) refrain from having any contact, including written |
3 | | or oral
communications, directly or indirectly, with |
4 | | particular types of persons,
including but not limited to |
5 | | members of street gangs, drug users, drug dealers,
or |
6 | | providers of commercial sexual activity prostitutes ;
|
7 | | (Q) refrain from all contact, direct or indirect, |
8 | | personally, by
telephone, letter, or through another |
9 | | person, with minor children without prior
identification |
10 | | and approval of the Department;
|
11 | | (R) refrain from having in his or her body the |
12 | | presence of alcohol
or any illicit drug prohibited by the |
13 | | Cannabis Control Act, the
Illinois
Controlled Substances |
14 | | Act, or the Methamphetamine Control and Community |
15 | | Protection Act, unless prescribed by a physician, and |
16 | | submit samples
of his or her breath, saliva, blood, or |
17 | | urine
for tests to determine the
presence of alcohol or |
18 | | any illicit drug;
|
19 | | (S) not establish a dating, intimate, or sexual |
20 | | relationship with a
person without prior written |
21 | | notification to the Department;
|
22 | | (T) neither possess or have under his or her control |
23 | | any material that
is
pornographic, sexually oriented, or |
24 | | sexually stimulating, or that depicts or
alludes to sexual |
25 | | activity or depicts minors under the age of 18, including |
26 | | but
not limited to visual, auditory, telephonic, |
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1 | | electronic media, or any matter
obtained through access to |
2 | | any computer or material linked to computer access
use;
|
3 | | (U) not patronize any business providing sexually |
4 | | stimulating or
sexually oriented entertainment nor utilize |
5 | | "900" or
adult telephone numbers or any other sex-related |
6 | | telephone numbers;
|
7 | | (V) not reside near, visit, or be in or about parks, |
8 | | schools, day care
centers, swimming pools, beaches, |
9 | | theaters, or any other places where minor
children |
10 | | congregate without advance approval of the Department and |
11 | | report any
incidental contact with minor children to the |
12 | | Department within 72 hours;
|
13 | | (W) not establish any living arrangement or residence |
14 | | without prior
approval of the Department;
|
15 | | (X) not publish any materials or print any |
16 | | advertisements without
providing a copy of the proposed |
17 | | publications to the Department officer and
obtaining
|
18 | | permission prior to publication;
|
19 | | (Y) not leave the county except with prior permission |
20 | | of the Department
and provide the Department officer or |
21 | | agent with written travel routes to and
from work and any |
22 | | other designated destinations;
|
23 | | (Z) not possess or have under his or her control |
24 | | certain specified items
of
contraband related to the |
25 | | incidence of sexually offending items including video
or
|
26 | | still camera items or children's toys;
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1 | | (AA) provide a written daily log of activities as |
2 | | directed by the
Department;
|
3 | | (BB) comply with all other special conditions that the |
4 | | Department may
impose that restrict the person from |
5 | | high-risk situations and limit access or
potential |
6 | | victims.
|
7 | | (6) A person placed on conditional release and who during |
8 | | the term
undergoes mandatory drug or alcohol testing or is |
9 | | assigned to be
placed on an approved electronic monitoring |
10 | | device may be ordered to pay all
costs incidental to the |
11 | | mandatory drug or alcohol testing and all
costs incidental to |
12 | | the approved electronic monitoring in accordance with the
|
13 | | person's ability to pay those costs. The Department may |
14 | | establish reasonable
fees for the cost of maintenance, |
15 | | testing, and incidental expenses related to
the mandatory drug |
16 | | or alcohol testing and all costs incidental to
approved |
17 | | electronic monitoring.
|
18 | | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. |
19 | | 98-612 for the effective date of P.A. 97-1098); 98-558, eff. |
20 | | 1-1-14 .)
|
21 | | Section 70. The Statewide Grand Jury Act is amended by |
22 | | changing Sections 2 and 3 as follows:
|
23 | | (725 ILCS 215/2) (from Ch. 38, par. 1702)
|
24 | | Sec. 2.
(a) County grand juries and State's Attorneys have |
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1 | | always had
and
shall continue to have primary responsibility |
2 | | for investigating, indicting,
and prosecuting persons who |
3 | | violate the criminal laws of the State of
Illinois. However, |
4 | | in recent years organized terrorist activity directed
against |
5 | | innocent civilians and certain criminal enterprises have
|
6 | | developed that require investigation, indictment, and |
7 | | prosecution on a
statewide or multicounty level. The criminal |
8 | | enterprises exist
as a result of the
allure of profitability |
9 | | present in narcotic activity, the unlawful sale and
transfer |
10 | | of firearms, and streetgang related felonies and organized |
11 | | terrorist
activity is supported by the contribution of money |
12 | | and expert assistance from
geographically diverse sources. In
|
13 | | order to shut off the life blood of terrorism and
weaken or |
14 | | eliminate the criminal enterprises, assets, and
property
used |
15 | | to further these offenses must be frozen, and any profit must |
16 | | be
removed. State
statutes exist that can accomplish that |
17 | | goal. Among them are the offense of
money laundering, |
18 | | violations
of Article 29D of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, |
20 | | and gunrunning. Local prosecutors need
investigative personnel |
21 | | and specialized training to attack and eliminate these
|
22 | | profits. In light of the transitory and complex nature of |
23 | | conduct that
constitutes these criminal activities, the many |
24 | | diverse property interests that
may be used, acquired directly |
25 | | or indirectly as a result of these criminal
activities, and |
26 | | the many places that illegally obtained property may be
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1 | | located, it is the purpose of this Act to create a limited, |
2 | | multicounty
Statewide Grand Jury with authority to |
3 | | investigate, indict, and prosecute:
narcotic activity, |
4 | | including cannabis and controlled substance trafficking,
|
5 | | narcotics racketeering, money laundering, violations of the |
6 | | Cannabis
and
Controlled Substances Tax Act, and violations of |
7 | | Article 29D of the Criminal
Code of 1961 or the Criminal Code |
8 | | of 2012; the unlawful sale and transfer of firearms;
|
9 | | gunrunning; and streetgang related felonies.
|
10 | | (b) A Statewide Grand Jury may also investigate, indict, |
11 | | and prosecute
violations facilitated by the use of a computer |
12 | | of any of
the
following offenses: indecent solicitation of a |
13 | | child, sexual exploitation of a
child, soliciting for a |
14 | | sexually exploited child juvenile prostitute , keeping a place |
15 | | of commercial sexual exploitation of a child juvenile
|
16 | | prostitution , juvenile pimping, child pornography, aggravated |
17 | | child pornography, or promoting commercial sexual exploitation |
18 | | of a child juvenile prostitution except as described in |
19 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code of |
20 | | 1961 or the Criminal Code of 2012.
|
21 | | (c) A Statewide Grand Jury may also investigate, indict, |
22 | | and prosecute violations of organized retail crime. |
23 | | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
|
24 | | (725 ILCS 215/3) (from Ch. 38, par. 1703)
|
25 | | Sec. 3. Written application for the appointment of a |
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1 | | Circuit
Judge to convene and preside over a Statewide Grand |
2 | | Jury, with jurisdiction
extending throughout the State, shall |
3 | | be made to the Chief Justice of the
Supreme Court. Upon such |
4 | | written application, the Chief Justice of the
Supreme Court |
5 | | shall appoint a Circuit Judge from the circuit where the
|
6 | | Statewide Grand Jury is being sought to be convened, who shall |
7 | | make a
determination that the convening of a Statewide Grand |
8 | | Jury is necessary.
|
9 | | In such application the Attorney General shall state that |
10 | | the convening
of a Statewide Grand Jury is necessary because |
11 | | of an alleged offense or
offenses set forth in this Section |
12 | | involving more than one county of the
State and identifying |
13 | | any such offense alleged; and
|
14 | | (a) that he or she believes that the grand jury |
15 | | function for the
investigation and indictment of the |
16 | | offense or offenses cannot effectively be
performed by a |
17 | | county grand jury together with the reasons for such
|
18 | | belief, and
|
19 | | (b)(1) that each State's Attorney with jurisdiction |
20 | | over an offense
or offenses to be investigated has |
21 | | consented to the impaneling of the
Statewide Grand Jury, |
22 | | or
|
23 | | (2) if one or more of the State's Attorneys having |
24 | | jurisdiction over
an offense or offenses to be |
25 | | investigated fails to consent to the impaneling
of the |
26 | | Statewide Grand Jury, the Attorney General shall set forth |
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1 | | good cause
for impaneling the Statewide Grand Jury.
|
2 | | If the Circuit Judge determines that the convening of a |
3 | | Statewide Grand
Jury is necessary, he or she shall convene and |
4 | | impanel the Statewide Grand
Jury with jurisdiction extending |
5 | | throughout the State to investigate and
return indictments:
|
6 | | (a) For violations of any of the following or for any |
7 | | other criminal
offense committed in the course of |
8 | | violating any of the following: Article
29D of the |
9 | | Criminal Code of 1961 or the Criminal Code of 2012, the
|
10 | | Illinois Controlled Substances Act, the Cannabis Control |
11 | | Act, the Methamphetamine Control and Community Protection |
12 | | Act, or the Narcotics
Profit Forfeiture Act; a
streetgang |
13 | | related felony offense; Section 16-25.1, 24-2.1, 24-2.2, |
14 | | 24-3, 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or |
15 | | subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
|
16 | | 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code |
17 | | of 1961 or the Criminal Code of 2012; or a money
laundering |
18 | | offense; provided that the violation or offense involves |
19 | | acts
occurring in more than one county of this State; and
|
20 | | (a-5) For violations facilitated by the use of a |
21 | | computer, including
the use of the Internet, the World |
22 | | Wide Web, electronic mail, message board,
newsgroup, or |
23 | | any other commercial or noncommercial on-line service, of |
24 | | any of
the following offenses: indecent solicitation of a |
25 | | child, sexual exploitation
of a child, soliciting for a |
26 | | sexually exploited child juvenile prostitute , keeping a |
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1 | | place of commercial sexual exploitation of a child |
2 | | juvenile
prostitution , juvenile pimping, child |
3 | | pornography, aggravated child pornography, or promoting |
4 | | commercial sexual exploitation of a child juvenile |
5 | | prostitution except as described in subdivision (a)(4) of |
6 | | Section 11-14.4 of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012; and
|
8 | | (b) For the offenses of perjury, subornation of |
9 | | perjury, communicating
with jurors and witnesses, and |
10 | | harassment of jurors and witnesses, as they
relate to |
11 | | matters before the Statewide Grand Jury.
|
12 | | "Streetgang related" has the meaning ascribed to it in |
13 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus |
14 | | Prevention Act.
|
15 | | Upon written application by the Attorney General for the |
16 | | convening of an
additional Statewide Grand Jury, the Chief |
17 | | Justice of the Supreme Court shall
appoint a Circuit Judge |
18 | | from the circuit for which the additional Statewide
Grand Jury |
19 | | is sought. The Circuit Judge shall determine the necessity for
|
20 | | an additional Statewide Grand Jury in accordance with the |
21 | | provisions of this
Section. No more than 2 Statewide Grand |
22 | | Juries may be empaneled at any time.
|
23 | | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
|
24 | | Section 75. The Unified Code of Corrections is amended by |
25 | | changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2, |
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1 | | 5-6-3, 5-6-3.1, 5-9-1.7, and 5-9-1.21 as follows:
|
2 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
|
3 | | Sec. 3-1-2. Definitions. |
4 | | (a) "Chief Administrative Officer" means the
person |
5 | | designated by the Director to exercise the powers and duties |
6 | | of the
Department of Corrections in regard to committed |
7 | | persons within
a correctional institution or facility, and |
8 | | includes the
superintendent of any juvenile institution or |
9 | | facility.
|
10 | | (a-3) "Aftercare release" means the conditional and |
11 | | revocable release of a person committed to the Department of |
12 | | Juvenile Justice under the Juvenile Court Act of 1987, under |
13 | | the supervision of the Department of Juvenile Justice. |
14 | | (a-5) "Sex offense" for the purposes of paragraph (16) of |
15 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection |
16 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
17 | | Section 5-6-3.1 only means: |
18 | | (i) A violation of any of the following Sections of |
19 | | the Criminal Code of
1961 or the Criminal Code of 2012: |
20 | | 10-7 (aiding or abetting child abduction under Section |
21 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent |
22 | | solicitation of a child), 11-6.5
(indecent solicitation of |
23 | | an adult), 11-14.4 (promoting commercial sexual |
24 | | exploitation of a child juvenile prostitution ),
11-15.1 |
25 | | (soliciting for a sexually exploited child juvenile
|
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1 | | prostitute ), 11-17.1 (keeping a place of commercial sexual |
2 | | exploitation of a child juvenile prostitution ), 11-18.1
|
3 | | (patronizing a sexually exploited child juvenile |
4 | | prostitute ), 11-19.1 (juvenile pimping),
11-19.2 |
5 | | (exploitation of a child), 11-20.1 (child pornography), |
6 | | 11-20.1B or 11-20.3 (aggravated child pornography), |
7 | | 11-1.40 or 12-14.1
(predatory criminal sexual assault of a |
8 | | child), or 12-33 (ritualized abuse of a
child). An attempt |
9 | | to commit any of
these offenses. |
10 | | (ii) A violation of any of the following Sections of |
11 | | the Criminal Code
of 1961 or the Criminal Code of 2012: |
12 | | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or |
13 | | 12-14 (aggravated criminal sexual assault), 11-1.60 or |
14 | | 12-16 (aggravated criminal sexual abuse), and subsection |
15 | | (a) of Section 11-1.50 or subsection (a) of Section 12-15
|
16 | | (criminal sexual abuse). An attempt to commit
any of these |
17 | | offenses. |
18 | | (iii) A violation of any of the following Sections of |
19 | | the Criminal Code
of 1961 or the Criminal Code of 2012 when |
20 | | the defendant is
not a parent of the victim: |
21 | | 10-1 (kidnapping),
|
22 | | 10-2 (aggravated kidnapping), |
23 | | 10-3 (unlawful restraint),
|
24 | | 10-3.1 (aggravated unlawful restraint). |
25 | | An attempt to commit any of these offenses. |
26 | | (iv) A violation of any former law of this State |
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1 | | substantially
equivalent to any offense listed in this |
2 | | subsection (a-5). |
3 | | An offense violating federal law or the law of another |
4 | | state
that is substantially equivalent to any offense listed |
5 | | in this
subsection (a-5) shall constitute a sex offense for |
6 | | the purpose of
this subsection (a-5). A finding or |
7 | | adjudication as a sexually dangerous person under
any federal |
8 | | law or law of another state that is substantially equivalent |
9 | | to the
Sexually Dangerous Persons Act shall constitute an |
10 | | adjudication for a sex offense for the
purposes of this |
11 | | subsection (a-5).
|
12 | | (b) "Commitment" means a judicially determined placement
|
13 | | in the custody of the Department of Corrections on the basis of
|
14 | | delinquency or conviction.
|
15 | | (c) "Committed person" is a person committed to the |
16 | | Department,
however a committed person shall not be considered |
17 | | to be an employee of
the Department of Corrections for any |
18 | | purpose, including eligibility for
a pension, benefits, or any |
19 | | other compensation or rights or privileges which
may be |
20 | | provided to employees of the Department.
|
21 | | (c-5) "Computer scrub software" means any third-party |
22 | | added software, designed to delete information from the |
23 | | computer unit, the hard drive, or other software, which would |
24 | | eliminate and prevent discovery of browser activity, |
25 | | including, but not limited to, Internet history, address bar |
26 | | or bars, cache or caches, and/or cookies, and which would |
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1 | | over-write files in a way so as to make previous computer |
2 | | activity, including, but not limited to, website access, more |
3 | | difficult to discover. |
4 | | (c-10) "Content-controlled tablet" means any device that |
5 | | can only access visitation applications or content relating to |
6 | | educational or personal development. |
7 | | (d) "Correctional institution or facility" means any |
8 | | building or
part of a building where committed persons are |
9 | | kept in a secured manner.
|
10 | | (d-5) "Correctional officer" means: an
employee of the |
11 | | Department of Corrections who has custody and
control over |
12 | | committed persons in an adult correctional facility; or, for |
13 | | an employee of the Department of Juvenile Justice, direct care |
14 | | staff of persons committed to a juvenile facility. |
15 | | (e) "Department" means both the Department of Corrections |
16 | | and the Department of Juvenile Justice of this State, unless |
17 | | the context is specific to either the Department of |
18 | | Corrections or the Department of Juvenile Justice.
|
19 | | (f) "Director" means both the Director of Corrections and |
20 | | the Director of Juvenile Justice, unless the context is |
21 | | specific to either the Director of Corrections or the Director |
22 | | of Juvenile Justice.
|
23 | | (f-5) (Blank).
|
24 | | (g) "Discharge" means the final termination of a |
25 | | commitment
to the Department of Corrections.
|
26 | | (h) "Discipline" means the rules and regulations for the
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1 | | maintenance of order and the protection of persons and |
2 | | property
within the institutions and facilities of the |
3 | | Department and
their enforcement.
|
4 | | (i) "Escape" means the intentional and unauthorized |
5 | | absence
of a committed person from the custody of the |
6 | | Department.
|
7 | | (j) "Furlough" means an authorized leave of absence from |
8 | | the
Department of Corrections for a designated purpose and |
9 | | period of time.
|
10 | | (k) "Parole" means the conditional and revocable release
|
11 | | of a person committed to the Department of Corrections under |
12 | | the supervision of a parole officer.
|
13 | | (l) "Prisoner Review Board" means the Board established in
|
14 | | Section 3-3-1(a), independent of the Department, to review
|
15 | | rules and regulations with respect to good time credits, to
|
16 | | hear charges brought by the Department against certain |
17 | | prisoners
alleged to have violated Department rules with |
18 | | respect to good
time credits, to set release dates for certain |
19 | | prisoners
sentenced under the law in effect prior to February |
20 | | 1, 1978 (the effective
date of Public Act 80-1099), to hear and |
21 | | decide the time of aftercare release for persons committed to |
22 | | the Department of Juvenile Justice under the Juvenile Court |
23 | | Act of 1987 to hear requests and
make recommendations to the |
24 | | Governor with respect to pardon,
reprieve or commutation, to |
25 | | set conditions for parole, aftercare release, and
mandatory |
26 | | supervised release and determine whether violations
of those |
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1 | | conditions justify revocation of parole or release,
and to |
2 | | assume all other functions previously exercised by the
|
3 | | Illinois Parole and Pardon Board.
|
4 | | (m) Whenever medical treatment, service, counseling, or
|
5 | | care is referred to in this Unified Code of Corrections,
such |
6 | | term may be construed by the Department or Court, within
its |
7 | | discretion, to include treatment, service, or counseling by
a |
8 | | Christian Science practitioner or nursing care appropriate
|
9 | | therewith whenever request therefor is made by a person |
10 | | subject
to the provisions of this Code.
|
11 | | (n) "Victim" shall have the meaning ascribed to it in |
12 | | subsection (a) of
Section 3 of the Rights of Crime Victims and |
13 | | Witnesses Act.
|
14 | | (o) "Wrongfully imprisoned person" means a person who has |
15 | | been discharged from a prison of this State and
has received: |
16 | | (1) a pardon from the Governor stating that such |
17 | | pardon is issued on the ground of innocence of the crime |
18 | | for which he or she was imprisoned; or |
19 | | (2) a certificate of innocence from the Circuit Court |
20 | | as provided in Section 2-702 of the Code of Civil |
21 | | Procedure. |
22 | | (Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22 .) |
23 | | (730 ILCS 5/3-2.5-95) |
24 | | Sec. 3-2.5-95. Conditions of aftercare release. |
25 | | (a) The conditions of aftercare release for all youth |
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1 | | committed to the Department under the Juvenile Court Act of |
2 | | 1987 shall be such as the Department of Juvenile Justice deems |
3 | | necessary to assist the youth in leading a law-abiding life. |
4 | | The conditions of every aftercare release are that the youth: |
5 | | (1) not violate any criminal statute of any |
6 | | jurisdiction during the aftercare release term; |
7 | | (2) refrain from possessing a firearm or other |
8 | | dangerous weapon; |
9 | | (3) report to an agent of the Department; |
10 | | (4) permit the agent or aftercare specialist to visit |
11 | | the youth at his or her home, employment, or elsewhere to |
12 | | the extent necessary for the agent or aftercare specialist |
13 | | to discharge his or her duties; |
14 | | (5) reside at a Department-approved host site; |
15 | | (6) secure permission before visiting or writing a |
16 | | committed person in an Illinois Department of Corrections |
17 | | or Illinois Department of Juvenile Justice facility; |
18 | | (7) report all arrests to an agent of the Department |
19 | | as soon as permitted by the arresting authority but in no |
20 | | event later than 24 hours after release from custody and |
21 | | immediately report service or notification of an order of |
22 | | protection, a civil no contact order, or a stalking no |
23 | | contact order to an agent of the Department; |
24 | | (8) obtain permission of an agent of the Department |
25 | | before leaving the State of Illinois; |
26 | | (9) obtain permission of an agent of the Department |
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1 | | before changing his or her residence or employment; |
2 | | (10) consent to a search of his or her person, |
3 | | property, or residence under his or her control; |
4 | | (11) refrain from the use or possession of narcotics |
5 | | or other controlled substances in any form, or both, or |
6 | | any paraphernalia related to those substances and submit |
7 | | to a urinalysis test as instructed by an agent of the |
8 | | Department; |
9 | | (12) not frequent places where controlled substances |
10 | | are illegally sold, used, distributed, or administered; |
11 | | (13) not knowingly associate with other persons on |
12 | | parole, aftercare release, or mandatory supervised release |
13 | | without prior written permission of his or her aftercare |
14 | | specialist and not associate with persons who are members |
15 | | of an organized gang as that term is defined in the |
16 | | Illinois Streetgang Terrorism Omnibus Prevention Act; |
17 | | (14) provide true and accurate information, as it |
18 | | relates to his or her adjustment in the community while on |
19 | | aftercare release or to his or her conduct while |
20 | | incarcerated, in response to inquiries by an agent of the |
21 | | Department; |
22 | | (15) follow any specific instructions provided by the |
23 | | agent that are consistent with furthering conditions set |
24 | | and approved by the Department or by law to achieve the |
25 | | goals and objectives of his or her aftercare release or to |
26 | | protect the public; these instructions by the agent may be |
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1 | | modified at any time, as the agent deems appropriate; |
2 | | (16) comply with the terms and conditions of an order |
3 | | of protection issued under the Illinois Domestic Violence |
4 | | Act of 1986; an order of protection issued by the court of |
5 | | another state, tribe, or United States territory; a no |
6 | | contact order issued under the Civil No Contact Order Act; |
7 | | or a no contact order issued under the Stalking No Contact |
8 | | Order Act; |
9 | | (17) if convicted of a sex offense as defined in the |
10 | | Sex Offender Management Board Act, and a sex offender |
11 | | treatment provider has evaluated and recommended further |
12 | | sex offender treatment while on aftercare release, the |
13 | | youth shall undergo treatment by a sex offender treatment |
14 | | provider or associate sex offender provider as defined in |
15 | | the Sex Offender Management Board Act at his or her |
16 | | expense based on his or her ability to pay for the |
17 | | treatment; |
18 | | (18) if convicted of a sex offense as defined in the |
19 | | Sex Offender Management Board Act, refrain from residing |
20 | | at the same address or in the same condominium unit or |
21 | | apartment unit or in the same condominium complex or |
22 | | apartment complex with another person he or she knows or |
23 | | reasonably should know is a convicted sex offender or has |
24 | | been placed on supervision for a sex offense; the |
25 | | provisions of this paragraph do not apply to a person |
26 | | convicted of a sex offense who is placed in a Department of |
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1 | | Corrections licensed transitional housing facility for sex |
2 | | offenders, or is in any facility operated or licensed by |
3 | | the Department of Children and Family Services or by the |
4 | | Department of Human Services, or is in any licensed |
5 | | medical facility; |
6 | | (19) if convicted for an offense that would qualify |
7 | | the offender as a sexual predator under the Sex Offender |
8 | | Registration Act wear an approved electronic monitoring |
9 | | device as defined in Section 5-8A-2 for the duration of |
10 | | the youth's aftercare release term and if convicted for an |
11 | | offense of criminal sexual assault, aggravated criminal |
12 | | sexual assault, predatory criminal sexual assault of a |
13 | | child, criminal sexual abuse, aggravated criminal sexual |
14 | | abuse, or ritualized abuse of a child when the victim was |
15 | | under 18 years of age at the time of the commission of the |
16 | | offense and the offender used force or the threat of force |
17 | | in the commission of the offense wear an approved |
18 | | electronic monitoring device as defined in Section 5-8A-2 |
19 | | that has Global Positioning System (GPS) capability for |
20 | | the duration of the youth's aftercare release term; |
21 | | (20) if convicted for an offense that would qualify |
22 | | the offender as a child sex offender as defined in Section |
23 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the |
24 | | Criminal Code of 2012, refrain from communicating with or |
25 | | contacting, by means of the Internet, a person who is not |
26 | | related to the offender and whom the offender reasonably |
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1 | | believes to be under 18 years of age; for purposes of this |
2 | | paragraph (20), "Internet" has the meaning ascribed to it |
3 | | in Section 16-0.1 of the Criminal Code of 2012; and a |
4 | | person is not related to the offender if the person is not: |
5 | | (A) the spouse, brother, or sister of the offender; (B) a |
6 | | descendant of the offender; (C) a first or second cousin |
7 | | of the offender; or (D) a step-child or adopted child of |
8 | | the offender; |
9 | | (21) if convicted under Section 11-6, 11-20.1, |
10 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
11 | | or the Criminal Code of 2012, consent to search of |
12 | | computers, PDAs, cellular phones, and other devices under |
13 | | his or her control that are capable of accessing the |
14 | | Internet or storing electronic files, in order to confirm |
15 | | Internet protocol addresses reported in accordance with |
16 | | the Sex Offender Registration Act and compliance with |
17 | | conditions in this Act; |
18 | | (22) if convicted for an offense that would qualify |
19 | | the offender as a sex offender or sexual predator under |
20 | | the Sex Offender Registration Act, not possess |
21 | | prescription drugs for erectile dysfunction; |
22 | | (23) if convicted for an offense under Section 11-6, |
23 | | 11-9.1, 11-14.4 that involves soliciting for a sexually |
24 | | exploited child juvenile prostitute , 11-15.1, 11-20.1, |
25 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
26 | | or the Criminal Code of 2012, or any attempt to commit any |
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1 | | of these offenses: |
2 | | (A) not access or use a computer or any other |
3 | | device with Internet capability without the prior |
4 | | written approval of the Department; |
5 | | (B) submit to periodic unannounced examinations of |
6 | | the youth's computer or any other device with Internet |
7 | | capability by the youth's aftercare specialist, a law |
8 | | enforcement officer, or assigned computer or |
9 | | information technology specialist, including the |
10 | | retrieval and copying of all data from the computer or |
11 | | device and any internal or external peripherals and |
12 | | removal of the information, equipment, or device to |
13 | | conduct a more thorough inspection; |
14 | | (C) submit to the installation on the youth's |
15 | | computer or device with Internet capability, at the |
16 | | youth's expense, of one or more hardware or software |
17 | | systems to monitor the Internet use; and |
18 | | (D) submit to any other appropriate restrictions |
19 | | concerning the youth's use of or access to a computer |
20 | | or any other device with Internet capability imposed |
21 | | by the Department or the youth's aftercare specialist; |
22 | | (24) if convicted of a sex offense as defined in the |
23 | | Sex Offender Registration Act, refrain from accessing or |
24 | | using a social networking website as defined in Section |
25 | | 17-0.5 of the Criminal Code of 2012; |
26 | | (25) if convicted of a sex offense as defined in |
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1 | | Section 2 of the Sex Offender Registration Act that |
2 | | requires the youth to register as a sex offender under |
3 | | that Act, not knowingly use any computer scrub software on |
4 | | any computer that the youth uses; |
5 | | (26) if convicted of a sex offense as defined in |
6 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
7 | | youth is a parent or guardian of a person under 18 years of |
8 | | age present in the home and no non-familial minors are |
9 | | present, not participate in a holiday event involving |
10 | | children under 18 years of age, such as distributing candy |
11 | | or other items to children on Halloween, wearing a Santa |
12 | | Claus costume on or preceding Christmas, being employed as |
13 | | a department store Santa Claus, or wearing an Easter Bunny |
14 | | costume on or preceding Easter; |
15 | | (27) if convicted of a violation of an order of |
16 | | protection under Section 12-3.4 or Section 12-30 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012, be |
18 | | placed under electronic surveillance as provided in |
19 | | Section 5-8A-7 of this Code; and |
20 | | (28) if convicted of a violation of the |
21 | | Methamphetamine Control and Community Protection Act, the |
22 | | Methamphetamine Precursor Control Act, or a |
23 | | methamphetamine related offense, be: |
24 | | (A) prohibited from purchasing, possessing, or |
25 | | having under his or her control any product containing |
26 | | pseudoephedrine unless prescribed by a physician; and |
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1 | | (B) prohibited from purchasing, possessing, or |
2 | | having under his or her control any product containing |
3 | | ammonium nitrate. |
4 | | (b) The Department may in addition to other conditions |
5 | | require that the youth: |
6 | | (1) work or pursue a course of study or vocational |
7 | | training; |
8 | | (2) undergo medical or psychiatric treatment, or |
9 | | treatment for drug addiction or alcoholism; |
10 | | (3) attend or reside in a facility established for the |
11 | | instruction or residence of persons on probation or |
12 | | aftercare release; |
13 | | (4) support his or her dependents; |
14 | | (5) if convicted for an offense that would qualify the |
15 | | youth as a child sex offender as defined in Section 11-9.3 |
16 | | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code |
17 | | of 2012, refrain from communicating with or contacting, by |
18 | | means of the Internet, a person who is related to the youth |
19 | | and whom the youth reasonably believes to be under 18 |
20 | | years of age; for purposes of this paragraph (5), |
21 | | "Internet" has the meaning ascribed to it in Section |
22 | | 16-0.1 of the Criminal Code of 2012; and a person is |
23 | | related to the youth if the person is: (A) the spouse, |
24 | | brother, or sister of the youth; (B) a descendant of the |
25 | | youth; (C) a first or second cousin of the youth; or (D) a |
26 | | step-child or adopted child of the youth; |
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1 | | (6) if convicted for an offense that would qualify as |
2 | | a sex offense as defined in the Sex Offender Registration |
3 | | Act: |
4 | | (A) not access or use a computer or any other |
5 | | device with Internet capability without the prior |
6 | | written approval of the Department; |
7 | | (B) submit to periodic unannounced examinations of |
8 | | the youth's computer or any other device with Internet |
9 | | capability by the youth's aftercare specialist, a law |
10 | | enforcement officer, or assigned computer or |
11 | | information technology specialist, including the |
12 | | retrieval and copying of all data from the computer or |
13 | | device and any internal or external peripherals and |
14 | | removal of the information, equipment, or device to |
15 | | conduct a more thorough inspection; |
16 | | (C) submit to the installation on the youth's |
17 | | computer or device with Internet capability, at the |
18 | | youth's offender's expense, of one or more hardware or |
19 | | software systems to monitor the Internet use; and |
20 | | (D) submit to any other appropriate restrictions |
21 | | concerning the youth's use of or access to a computer |
22 | | or any other device with Internet capability imposed |
23 | | by the Department or the youth's aftercare specialist; |
24 | | and |
25 | | (7) in addition to other conditions: |
26 | | (A) reside with his or her parents or in a foster |
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1 | | home; |
2 | | (B) attend school; |
3 | | (C) attend a non-residential program for youth; or |
4 | | (D) contribute to his or her own support at home or |
5 | | in a foster home. |
6 | | (c) In addition to the conditions under subsections (a) |
7 | | and (b) of this Section, youths required to register as sex |
8 | | offenders under the Sex Offender Registration Act, upon |
9 | | release from the custody of the Department of Juvenile |
10 | | Justice, may be required by the Department to comply with the |
11 | | following specific conditions of release: |
12 | | (1) reside only at a Department approved location; |
13 | | (2) comply with all requirements of the Sex Offender |
14 | | Registration Act; |
15 | | (3) notify third parties of the risks that may be |
16 | | occasioned by his or her criminal record; |
17 | | (4) obtain the approval of an agent of the Department |
18 | | prior to accepting employment or pursuing a course of |
19 | | study or vocational training and notify the Department |
20 | | prior to any change in employment, study, or training; |
21 | | (5) not be employed or participate in any volunteer |
22 | | activity that involves contact with children, except under |
23 | | circumstances approved in advance and in writing by an |
24 | | agent of the Department; |
25 | | (6) be electronically monitored for a specified period |
26 | | of time from the date of release as determined by the |
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1 | | Department; |
2 | | (7) refrain from entering into a designated geographic |
3 | | area except upon terms approved in advance by an agent of |
4 | | the Department; these terms may include consideration of |
5 | | the purpose of the entry, the time of day, and others |
6 | | accompanying the youth; |
7 | | (8) refrain from having any contact, including written |
8 | | or oral communications, directly or indirectly, personally |
9 | | or by telephone, letter, or through a third party with |
10 | | certain specified persons including, but not limited to, |
11 | | the victim or the victim's family without the prior |
12 | | written approval of an agent of the Department; |
13 | | (9) refrain from all contact, directly or indirectly, |
14 | | personally, by telephone, letter, or through a third |
15 | | party, with minor children without prior identification |
16 | | and approval of an agent of the Department; |
17 | | (10) neither possess or have under his or her control |
18 | | any material that is sexually oriented, sexually |
19 | | stimulating, or that shows male or female sex organs or |
20 | | any pictures depicting children under 18 years of age nude |
21 | | or any written or audio material describing sexual |
22 | | intercourse or that depicts or alludes to sexual activity, |
23 | | including, but not limited to, visual, auditory, |
24 | | telephonic, or electronic media, or any matter obtained |
25 | | through access to any computer or material linked to |
26 | | computer access use; |
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1 | | (11) not patronize any business providing sexually |
2 | | stimulating or sexually oriented entertainment nor utilize |
3 | | "900" or adult telephone numbers; |
4 | | (12) not reside near, visit, or be in or about parks, |
5 | | schools, day care centers, swimming pools, beaches, |
6 | | theaters, or any other places where minor children |
7 | | congregate without advance approval of an agent of the |
8 | | Department and immediately report any incidental contact |
9 | | with minor children to the Department; |
10 | | (13) not possess or have under his or her control |
11 | | certain specified items of contraband related to the |
12 | | incidence of sexually offending as determined by an agent |
13 | | of the Department; |
14 | | (14) may be required to provide a written daily log of |
15 | | activities if directed by an agent of the Department; |
16 | | (15) comply with all other special conditions that the |
17 | | Department may impose that restrict the youth from |
18 | | high-risk situations and limit access to potential |
19 | | victims; |
20 | | (16) take an annual polygraph exam; |
21 | | (17) maintain a log of his or her travel; or |
22 | | (18) obtain prior approval of an agent of the |
23 | | Department before driving alone in a motor vehicle. |
24 | | (d) The conditions under which the aftercare release is to |
25 | | be served shall be communicated to the youth in writing prior |
26 | | to his or her release, and he or she shall sign the same before |
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1 | | release. A signed copy of these conditions, including a copy |
2 | | of an order of protection if one had been issued by the |
3 | | criminal court, shall be retained by the youth and another |
4 | | copy forwarded to the officer or aftercare specialist in |
5 | | charge of his or her supervision. |
6 | | (e) After a revocation hearing under Section 3-3-9.5, the |
7 | | Department of Juvenile Justice may modify or enlarge the |
8 | | conditions of aftercare release. |
9 | | (f) The Department shall inform all youth of the optional |
10 | | services available to them upon release and shall assist youth |
11 | | in availing themselves of the optional services upon their |
12 | | release on a voluntary basis.
|
13 | | (Source: P.A. 99-628, eff. 1-1-17 .) |
14 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
15 | | Sec. 3-3-7. Conditions of parole or mandatory supervised |
16 | | release.
|
17 | | (a) The conditions of parole or mandatory
supervised |
18 | | release shall be such as the Prisoner Review
Board deems |
19 | | necessary to assist the subject in leading a
law-abiding life. |
20 | | The conditions of every parole and mandatory
supervised |
21 | | release are that the subject:
|
22 | | (1) not violate any criminal statute of any |
23 | | jurisdiction
during the parole or release term;
|
24 | | (2) refrain from possessing a firearm or other |
25 | | dangerous
weapon;
|
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1 | | (3) report to an agent of the Department of |
2 | | Corrections;
|
3 | | (4) permit the agent to visit him or her at his or her |
4 | | home, employment,
or
elsewhere to the
extent necessary for |
5 | | the agent to discharge his or her duties;
|
6 | | (5) attend or reside in a facility established for the |
7 | | instruction or
residence
of persons on
parole or mandatory |
8 | | supervised release;
|
9 | | (6) secure permission before visiting or writing a |
10 | | committed person in an
Illinois Department
of Corrections |
11 | | facility;
|
12 | | (7) report all arrests to an agent of the Department |
13 | | of Corrections as
soon as
permitted by the
arresting |
14 | | authority but in no event later than 24 hours after |
15 | | release from
custody and immediately report service or |
16 | | notification of an order of protection, a civil no contact |
17 | | order, or a stalking no contact order to an agent of the |
18 | | Department of Corrections;
|
19 | | (7.5) if convicted of a sex offense as defined in the |
20 | | Sex Offender
Management Board Act, the individual shall |
21 | | undergo and successfully complete
sex offender treatment |
22 | | conducted in conformance with the standards developed by
|
23 | | the Sex
Offender Management Board Act by a treatment |
24 | | provider approved by the Board;
|
25 | | (7.6) if convicted of a sex offense as defined in the |
26 | | Sex Offender
Management Board Act, refrain from residing |
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1 | | at 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, or is in any facility operated or licensed by |
10 | | the Department of Children and Family Services or by the |
11 | | Department of Human Services, or is in any licensed |
12 | | medical facility;
|
13 | | (7.7) if convicted for an offense that would qualify |
14 | | the accused as a sexual predator under the Sex Offender |
15 | | Registration Act on or after January 1, 2007 (the |
16 | | effective date of Public Act 94-988), wear an approved |
17 | | electronic monitoring device as defined in Section 5-8A-2 |
18 | | for the duration of the person's parole, mandatory |
19 | | supervised release term, or extended mandatory supervised |
20 | | release term and if convicted for an offense of criminal |
21 | | sexual assault, aggravated criminal sexual assault, |
22 | | predatory criminal sexual assault of a child, criminal |
23 | | sexual abuse, aggravated criminal sexual abuse, or |
24 | | ritualized abuse of a child committed on or after August |
25 | | 11, 2009 (the effective date of Public Act 96-236) when |
26 | | the victim was under 18 years of age at the time of the |
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1 | | commission of the offense and the defendant used force or |
2 | | the threat of force in the commission of the offense wear |
3 | | an approved electronic monitoring device as defined in |
4 | | Section 5-8A-2 that has Global Positioning System (GPS) |
5 | | capability for the duration of the person's parole, |
6 | | mandatory supervised release term, or extended mandatory |
7 | | supervised release term;
|
8 | | (7.8) if convicted for an offense committed on or |
9 | | after June 1, 2008 (the effective date of Public Act |
10 | | 95-464) that would qualify the accused as a child sex |
11 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012, |
13 | | refrain from communicating with or contacting, by means of |
14 | | the Internet, a person who is not related to the accused |
15 | | and whom the accused reasonably believes to be under 18 |
16 | | years of age; for purposes of this paragraph (7.8), |
17 | | "Internet" has the meaning ascribed to it in Section |
18 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
19 | | related to the accused if the person is not: (i) the |
20 | | spouse, brother, or sister of the accused; (ii) a |
21 | | descendant of the accused; (iii) a first or second cousin |
22 | | of the accused; or (iv) a step-child or adopted child of |
23 | | the accused;
|
24 | | (7.9)
if convicted under Section 11-6, 11-20.1, |
25 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
26 | | or the Criminal Code of 2012, consent to search of |
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1 | | computers, PDAs, cellular phones, and other devices under |
2 | | his or her control that are capable of accessing the |
3 | | Internet or storing electronic files, in order to confirm |
4 | | Internet protocol addresses reported in accordance with |
5 | | the Sex Offender Registration Act and compliance with |
6 | | conditions in this Act;
|
7 | | (7.10)
if convicted for an offense that would qualify |
8 | | the accused as a sex offender or sexual predator under the |
9 | | Sex Offender Registration Act on or after June 1, 2008 |
10 | | (the effective date of Public Act 95-640), not possess |
11 | | prescription drugs for erectile dysfunction;
|
12 | | (7.11) if convicted for an offense under Section 11-6, |
13 | | 11-9.1, 11-14.4 that involves soliciting for a sexually |
14 | | exploited child juvenile prostitute , 11-15.1, 11-20.1, |
15 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
16 | | or the Criminal Code of 2012, or any attempt to commit any |
17 | | of these offenses, committed on or after June 1, 2009 (the |
18 | | effective date of Public Act 95-983): |
19 | | (i) not access or use a computer or any other |
20 | | device with Internet capability without the prior |
21 | | written approval of the Department; |
22 | | (ii) submit to periodic unannounced examinations |
23 | | of the offender's computer or any other device with |
24 | | Internet capability by the offender's supervising |
25 | | agent, a law enforcement officer, or assigned computer |
26 | | or information technology specialist, including the |
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1 | | retrieval and copying of all data from the computer or |
2 | | device and any internal or external peripherals and |
3 | | removal of such information, equipment, or device to |
4 | | conduct a more thorough inspection; |
5 | | (iii) submit to the installation on the offender's |
6 | | computer or device with Internet capability, at the |
7 | | offender's expense, of one or more hardware or |
8 | | software systems to monitor the Internet use; and |
9 | | (iv) submit to any other appropriate restrictions |
10 | | concerning the offender's use of or access to a |
11 | | computer or any other device with Internet capability |
12 | | imposed by the Board, the Department or the offender's |
13 | | supervising agent; |
14 | | (7.12) if convicted of a sex offense as defined in the |
15 | | Sex Offender
Registration Act committed on or after |
16 | | January 1, 2010 (the effective date of Public Act 96-262), |
17 | | refrain from accessing or using a social networking |
18 | | website as defined in Section 17-0.5 of the Criminal Code |
19 | | of 2012;
|
20 | | (7.13) if convicted of a sex offense as defined in |
21 | | Section 2 of the Sex Offender Registration Act committed |
22 | | on or after January 1, 2010 (the effective date of Public |
23 | | Act 96-362) that requires the person to register as a sex |
24 | | offender under that Act, may not knowingly use any |
25 | | computer scrub software on any computer that the sex |
26 | | offender uses; |
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1 | | (8) obtain permission of an agent of the Department of |
2 | | Corrections before
leaving the
State of Illinois;
|
3 | | (9) obtain permission of an agent of the Department of |
4 | | Corrections before
changing
his or her residence or |
5 | | employment;
|
6 | | (10) consent to a search of his or her person, |
7 | | property, or residence
under his or her
control;
|
8 | | (11) refrain from the use or possession of narcotics |
9 | | or other controlled
substances in
any form, or both, or |
10 | | any paraphernalia related to those substances and submit
|
11 | | to a
urinalysis test as instructed by a parole agent of the |
12 | | Department of
Corrections;
|
13 | | (12) not knowingly frequent places where controlled |
14 | | substances are illegally sold,
used,
distributed, or |
15 | | administered;
|
16 | | (13) except when the association described in either |
17 | | subparagraph (A) or (B) of this paragraph (13) involves |
18 | | activities related to community programs, worship |
19 | | services, volunteering, engaging families, or some other |
20 | | pro-social activity in which there is no evidence of |
21 | | criminal intent: |
22 | | (A) not knowingly associate with other persons on |
23 | | parole or mandatory
supervised
release without prior |
24 | | written permission of his or her parole agent; or |
25 | | (B) not knowingly
associate with
persons who are |
26 | | members of an organized gang as that term is defined in |
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1 | | the
Illinois
Streetgang Terrorism Omnibus Prevention |
2 | | Act;
|
3 | | (14) provide true and accurate information, as it |
4 | | relates to his or her
adjustment in the
community while on |
5 | | parole or mandatory supervised release or to his or her
|
6 | | conduct
while incarcerated, in response to inquiries by |
7 | | his or her parole agent or of
the
Department of |
8 | | Corrections;
|
9 | | (15) follow any specific instructions provided by the |
10 | | parole agent that
are consistent
with furthering |
11 | | conditions set and approved by the Prisoner Review Board |
12 | | or by
law,
exclusive of placement on electronic detention, |
13 | | to achieve the goals and
objectives of his
or her parole or |
14 | | mandatory supervised release or to protect the public. |
15 | | These
instructions by the parole agent may be modified at |
16 | | any time, as the agent
deems
appropriate;
|
17 | | (16) if convicted of a sex offense as defined in |
18 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
19 | | offender is a parent or guardian of the person under 18 |
20 | | years of age present in the home and no non-familial |
21 | | minors are present, not participate in a holiday event |
22 | | involving children under 18 years of age, such as |
23 | | distributing candy or other items to children on |
24 | | Halloween, wearing a Santa Claus costume on or preceding |
25 | | Christmas, being employed as a department store Santa |
26 | | Claus, or wearing an Easter Bunny costume on or preceding |
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1 | | Easter; |
2 | | (17) if convicted of a violation of an order of |
3 | | protection under Section 12-3.4 or Section 12-30 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012, be |
5 | | placed under electronic surveillance as provided in |
6 | | Section 5-8A-7 of this Code; |
7 | | (18) comply with the terms and conditions of an order |
8 | | of protection issued pursuant to the Illinois Domestic |
9 | | Violence Act of 1986; an order of protection issued by the |
10 | | court of another state, tribe, or United States territory; |
11 | | a no contact order issued pursuant to the Civil No Contact |
12 | | Order Act; or a no contact order issued pursuant to the |
13 | | Stalking No Contact Order Act; |
14 | | (19) if convicted of a violation of the |
15 | | Methamphetamine Control and Community Protection Act, the |
16 | | Methamphetamine
Precursor Control Act, or a |
17 | | methamphetamine related offense, be: |
18 | | (A) prohibited from purchasing, possessing, or |
19 | | having under his or her control any product containing |
20 | | pseudoephedrine unless prescribed by a physician; and |
21 | | (B) prohibited from purchasing, possessing, or |
22 | | having under his or her control any product containing |
23 | | ammonium nitrate; |
24 | | (20) if convicted of a hate crime under Section 12-7.1 |
25 | | of the Criminal Code of 2012, perform public or community |
26 | | service of no less than 200 hours and enroll in an
|
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1 | | educational program discouraging hate crimes involving the |
2 | | protected class
identified in subsection (a) of Section |
3 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
4 | | offense the offender committed ordered by the court; and |
5 | | (21) be evaluated by the Department of Corrections |
6 | | prior to release using a validated risk assessment and be |
7 | | subject to a corresponding level of supervision. In |
8 | | accordance with the findings of that evaluation: |
9 | | (A) All subjects found to be at a moderate or high |
10 | | risk to recidivate, or on parole or mandatory |
11 | | supervised release for first degree murder, a forcible |
12 | | felony as defined in Section 2-8 of the Criminal Code |
13 | | of 2012, any felony that requires registration as a |
14 | | sex offender under the Sex Offender Registration Act, |
15 | | or a Class X felony or Class 1 felony that is not a |
16 | | violation of the Cannabis Control Act, the Illinois |
17 | | Controlled Substances Act, or the Methamphetamine |
18 | | Control and Community Protection Act, shall be subject |
19 | | to high level supervision. The Department shall define |
20 | | high level supervision based upon evidence-based and |
21 | | research-based practices. Notwithstanding this |
22 | | placement on high level supervision, placement of the |
23 | | subject on electronic monitoring or detention shall |
24 | | not occur unless it is required by law or expressly |
25 | | ordered or approved by the Prisoner Review Board. |
26 | | (B) All subjects found to be at a low risk to |
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1 | | recidivate shall be subject to low-level supervision, |
2 | | except for those subjects on parole or mandatory |
3 | | supervised release for first degree murder, a forcible |
4 | | felony as defined in Section 2-8 of the Criminal Code |
5 | | of 2012, any felony that requires registration as a |
6 | | sex offender under the Sex Offender Registration Act, |
7 | | or a Class X felony or Class 1 felony that is not a |
8 | | violation of the Cannabis Control Act, the Illinois |
9 | | Controlled Substances Act, or the Methamphetamine |
10 | | Control and Community Protection Act. Low level |
11 | | supervision shall require the subject to check in with |
12 | | the supervising officer via phone or other electronic |
13 | | means. Notwithstanding this placement on low level |
14 | | supervision, placement of the subject on electronic |
15 | | monitoring or detention shall not occur unless it is |
16 | | required by law or expressly ordered or approved by |
17 | | the Prisoner Review Board. |
18 | | (b) The Board may in addition to other conditions
require |
19 | | that the subject:
|
20 | | (1) work or pursue a course of study or vocational |
21 | | training;
|
22 | | (2) undergo medical or psychiatric treatment, or |
23 | | treatment
for drug addiction or alcoholism;
|
24 | | (3) attend or reside in a facility established for the
|
25 | | instruction or residence of persons on probation or |
26 | | parole;
|
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1 | | (4) support his or her dependents;
|
2 | | (5) (blank);
|
3 | | (6) (blank);
|
4 | | (7) (blank);
|
5 | | (7.5) if convicted for an offense committed on or |
6 | | after the effective date of this amendatory Act of the |
7 | | 95th General Assembly that would qualify the accused as a |
8 | | child sex offender as defined in Section 11-9.3 or 11-9.4 |
9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
10 | | refrain from communicating with or contacting, by means of |
11 | | the Internet, a person who is related to the accused and |
12 | | whom the accused reasonably believes to be under 18 years |
13 | | of age; for purposes of this paragraph (7.5), "Internet" |
14 | | has the meaning ascribed to it in Section 16-0.1 of the |
15 | | Criminal Code of 2012; and a person is related to the |
16 | | accused if the person is: (i) the spouse, brother, or |
17 | | sister of the accused; (ii) a descendant of the accused; |
18 | | (iii) a first or second cousin of the accused; or (iv) a |
19 | | step-child or adopted child of the accused; |
20 | | (7.6) if convicted for an offense committed on or |
21 | | after June 1, 2009 (the effective date of Public Act |
22 | | 95-983) that would qualify as a sex offense as defined in |
23 | | the Sex Offender Registration Act: |
24 | | (i) not access or use a computer or any other |
25 | | device with Internet capability without the prior |
26 | | written approval of the Department; |
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1 | | (ii) submit to periodic unannounced examinations |
2 | | of the offender's computer or any other device with |
3 | | Internet capability by the offender's supervising |
4 | | agent, a law enforcement officer, or assigned computer |
5 | | or information technology specialist, including the |
6 | | retrieval and copying of all data from the computer or |
7 | | device and any internal or external peripherals and |
8 | | removal of such information, equipment, or device to |
9 | | conduct a more thorough 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 |
13 | | software 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 Board, the Department or the offender's |
18 | | supervising agent; and
|
19 | | (8) in addition, if a minor:
|
20 | | (i) reside with his or her parents or in a foster |
21 | | home;
|
22 | | (ii) attend school;
|
23 | | (iii) attend a non-residential program for youth; |
24 | | or
|
25 | | (iv) contribute to his or her own support at home |
26 | | or in a foster
home.
|
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1 | | (b-1) In addition to the conditions set forth in |
2 | | subsections (a) and (b), persons required to register as sex |
3 | | offenders pursuant to the Sex Offender Registration Act, upon |
4 | | release from the custody of the Illinois Department of |
5 | | Corrections, may be required by the Board to comply with the |
6 | | following specific conditions of release: |
7 | | (1) reside only at a Department approved location; |
8 | | (2) comply with all requirements of the Sex Offender |
9 | | Registration Act;
|
10 | | (3) notify
third parties of the risks that may be |
11 | | occasioned by his or her criminal record; |
12 | | (4) obtain the approval of an agent of the Department |
13 | | of Corrections prior to accepting employment or pursuing a |
14 | | course of study or vocational training and notify the |
15 | | Department prior to any change in employment, study, or |
16 | | training; |
17 | | (5) not be employed or participate in any
volunteer |
18 | | activity that involves contact with children, except under |
19 | | circumstances approved in advance and in writing by an |
20 | | agent of the Department of Corrections; |
21 | | (6) be electronically monitored for a minimum of 12 |
22 | | months from the date of release as determined by the |
23 | | Board;
|
24 | | (7) refrain from entering into a designated
geographic |
25 | | area except upon terms approved in advance by an agent of |
26 | | the Department of Corrections. The terms may include |
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1 | | consideration of the purpose of the entry, the time of |
2 | | day, and others accompanying the person; |
3 | | (8) refrain from having any contact, including
written |
4 | | or oral communications, directly or indirectly, personally |
5 | | or by telephone, letter, or through a third party with |
6 | | certain specified persons including, but not limited to, |
7 | | the victim or the victim's family without the prior |
8 | | written approval of an agent of the Department of |
9 | | Corrections; |
10 | | (9) refrain from all contact, directly or
indirectly, |
11 | | personally, by telephone, letter, or through a third |
12 | | party, with minor children without prior identification |
13 | | and approval of an agent of the Department of Corrections; |
14 | | (10) neither possess or have under his or her
control |
15 | | any material that is sexually oriented, sexually |
16 | | stimulating, or that shows male or female sex organs or |
17 | | any pictures depicting children under 18 years of age nude |
18 | | or any written or audio material describing sexual |
19 | | intercourse or that depicts or alludes to sexual activity, |
20 | | including but not limited to visual, auditory, telephonic, |
21 | | or electronic media, or any matter obtained through access |
22 | | to any computer or material linked to computer access use; |
23 | | (11) not patronize any business providing
sexually |
24 | | stimulating or sexually oriented entertainment nor utilize |
25 | | "900" or adult telephone numbers; |
26 | | (12) not reside near, visit, or be in or about
parks, |
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1 | | schools, day care centers, swimming pools, beaches, |
2 | | theaters, or any other places where minor children |
3 | | congregate without advance approval of an agent of the |
4 | | Department of Corrections and immediately report any |
5 | | incidental contact with minor children to the Department; |
6 | | (13) not possess or have under his or her control
|
7 | | certain specified items of contraband related to the |
8 | | incidence of sexually offending as determined by an agent |
9 | | of the Department of Corrections; |
10 | | (14) may be required to provide a written daily log of |
11 | | activities
if directed by an agent of the Department of |
12 | | Corrections; |
13 | | (15) comply with all other special conditions
that the |
14 | | Department may impose that restrict the person from |
15 | | high-risk situations and limit access to potential |
16 | | victims; |
17 | | (16) take an annual polygraph exam; |
18 | | (17) maintain a log of his or her travel; or |
19 | | (18) obtain prior approval of his or her parole |
20 | | officer before driving alone in a motor vehicle.
|
21 | | (c) The conditions under which the parole or mandatory
|
22 | | supervised release is to be served shall be communicated to
|
23 | | the person in writing prior to his or her release, and he or |
24 | | she shall
sign the same before release. A signed copy of these |
25 | | conditions,
including a copy of an order of protection where |
26 | | one had been issued by the
criminal court, shall be retained by |
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1 | | the person and another copy forwarded to
the officer in charge |
2 | | of his or her supervision.
|
3 | | (d) After a hearing under Section 3-3-9, the Prisoner
|
4 | | Review Board may modify or enlarge the conditions of parole
or |
5 | | mandatory supervised release.
|
6 | | (e) The Department shall inform all offenders committed to
|
7 | | the Department of the optional services available to them
upon |
8 | | release and shall assist inmates in availing themselves
of |
9 | | such optional services upon their release on a voluntary
|
10 | | basis. |
11 | | (f) (Blank).
|
12 | | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; |
13 | | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
|
14 | | (730 ILCS 5/5-5-3)
|
15 | | Sec. 5-5-3. Disposition.
|
16 | | (a) (Blank).
|
17 | | (b) (Blank).
|
18 | | (c) (1) (Blank).
|
19 | | (2) A period of probation, a term of periodic imprisonment |
20 | | or
conditional discharge shall not be imposed for the |
21 | | following offenses.
The court shall sentence the offender to |
22 | | not less than the minimum term
of imprisonment set forth in |
23 | | this Code for the following offenses, and
may order a fine or |
24 | | restitution or both in conjunction with such term of
|
25 | | imprisonment:
|
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1 | | (A) First degree murder where the death penalty is not |
2 | | imposed.
|
3 | | (B) Attempted first degree murder.
|
4 | | (C) A Class X felony.
|
5 | | (D) A violation of Section 401.1 or 407 of the
|
6 | | Illinois Controlled Substances Act, or a violation of |
7 | | subdivision (c)(1.5) of
Section 401 of that Act which |
8 | | relates to more than 5 grams of a substance
containing |
9 | | fentanyl or an analog thereof.
|
10 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
11 | | of the Illinois Controlled Substances Act which relates to |
12 | | 3 or more grams of a substance
containing heroin or an |
13 | | analog thereof. |
14 | | (E) (Blank).
|
15 | | (F) A Class 1 or greater felony if the offender had |
16 | | been convicted
of a Class 1 or greater felony, including |
17 | | any state or federal conviction for an offense that |
18 | | contained, at the time it was committed, the same elements |
19 | | as an offense now (the date of the offense committed after |
20 | | the prior Class 1 or greater felony) classified as a Class |
21 | | 1 or greater felony, within 10 years of the date on which |
22 | | the
offender
committed the offense for which he or she is |
23 | | being sentenced, except as
otherwise provided in Section |
24 | | 40-10 of the Substance Use Disorder Act.
|
25 | | (F-3) A Class 2 or greater felony sex offense or |
26 | | felony firearm offense if the offender had been convicted |
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1 | | of a Class 2 or greater felony, including any state or |
2 | | federal conviction for an offense that contained, at the |
3 | | time it was committed, the same elements as an offense now |
4 | | (the date of the offense committed after the prior Class 2 |
5 | | or greater felony) classified as a Class 2 or greater |
6 | | felony, within 10 years of the date on which the offender |
7 | | committed the offense for which he or she is being |
8 | | sentenced, except as otherwise provided in Section 40-10 |
9 | | of the Substance Use Disorder Act. |
10 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
11 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
12 | | for which imprisonment is prescribed in those Sections. |
13 | | (G) Residential burglary, except as otherwise provided |
14 | | in Section 40-10
of the Substance Use Disorder Act.
|
15 | | (H) Criminal sexual assault.
|
16 | | (I) Aggravated battery of a senior citizen as |
17 | | described in Section 12-4.6 or subdivision (a)(4) of |
18 | | Section 12-3.05 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012.
|
20 | | (J) A forcible felony if the offense was related to |
21 | | the activities of an
organized gang.
|
22 | | Before July 1, 1994, for the purposes of this |
23 | | paragraph, "organized
gang" means an association of 5 or |
24 | | more persons, with an established hierarchy,
that |
25 | | encourages members of the association to perpetrate crimes |
26 | | or provides
support to the members of the association who |
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1 | | do commit crimes.
|
2 | | Beginning July 1, 1994, for the purposes of this |
3 | | paragraph,
"organized gang" has the meaning ascribed to it |
4 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
5 | | Prevention Act.
|
6 | | (K) Vehicular hijacking.
|
7 | | (L) A second or subsequent conviction for the offense |
8 | | of hate crime
when the underlying offense upon which the |
9 | | hate crime is based is felony
aggravated
assault or felony |
10 | | mob action.
|
11 | | (M) A second or subsequent conviction for the offense |
12 | | of institutional
vandalism if the damage to the property |
13 | | exceeds $300.
|
14 | | (N) A Class 3 felony violation of paragraph (1) of |
15 | | subsection (a) of
Section 2 of the Firearm Owners |
16 | | Identification Card Act.
|
17 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
19 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
20 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
21 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
22 | | (P-5) A violation of paragraph (6) of subsection (a) |
23 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
|
24 | | Criminal Code of 2012 if the victim is a household or
|
25 | | family member of the defendant. |
26 | | (Q) A violation of subsection (b) or (b-5) of Section |
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1 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
2 | | Code of
1961 or the Criminal Code of 2012.
|
3 | | (R) A violation of Section 24-3A of the Criminal Code |
4 | | of
1961 or the Criminal Code of 2012.
|
5 | | (S) (Blank).
|
6 | | (T) (Blank).
|
7 | | (U) A second or subsequent violation of Section 6-303 |
8 | | of the Illinois Vehicle Code committed while his or her |
9 | | driver's license, permit, or privilege was revoked because |
10 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
11 | | or the Criminal Code of 2012, relating to the offense of |
12 | | reckless homicide, or a similar provision of a law of |
13 | | another state.
|
14 | | (V)
A violation of paragraph (4) of subsection (c) of |
15 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
16 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
17 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
18 | | Code of 2012 when the victim is under 13 years of age and |
19 | | the defendant has previously been convicted under the laws |
20 | | of this State or any other state of the offense of child |
21 | | pornography, aggravated child pornography, aggravated |
22 | | criminal sexual abuse, aggravated criminal sexual assault, |
23 | | predatory criminal sexual assault of a child, or any of |
24 | | the offenses formerly known as rape, deviate sexual |
25 | | assault, indecent liberties with a child, or aggravated |
26 | | indecent liberties with a child where the victim was under |
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1 | | the age of 18 years or an offense that is substantially |
2 | | equivalent to those offenses. |
3 | | (W) A violation of Section 24-3.5 of the Criminal Code |
4 | | of 1961 or the Criminal Code of 2012.
|
5 | | (X) A violation of subsection (a) of Section 31-1a of |
6 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
7 | | (Y) A conviction for unlawful possession of a firearm |
8 | | by a street gang member when the firearm was loaded or |
9 | | contained firearm ammunition. |
10 | | (Z) A Class 1 felony committed while he or she was |
11 | | serving a term of probation or conditional discharge for a |
12 | | felony. |
13 | | (AA) Theft of property exceeding $500,000 and not |
14 | | exceeding $1,000,000 in value. |
15 | | (BB) Laundering of criminally derived property of a |
16 | | value exceeding
$500,000. |
17 | | (CC) Knowingly selling, offering for sale, holding for |
18 | | sale, or using 2,000 or more counterfeit items or |
19 | | counterfeit items having a retail value in the aggregate |
20 | | of $500,000 or more. |
21 | | (DD) A conviction for aggravated assault under |
22 | | paragraph (6) of subsection (c) of Section 12-2 of the |
23 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
24 | | firearm is aimed toward the person against whom the |
25 | | firearm is being used. |
26 | | (EE) A conviction for a violation of paragraph (2) of |
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1 | | subsection (a) of Section 24-3B of the Criminal Code of |
2 | | 2012. |
3 | | (3) (Blank).
|
4 | | (4) A minimum term of imprisonment of not less than 10
|
5 | | consecutive days or 30 days of community service shall be |
6 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
7 | | the Illinois Vehicle Code.
|
8 | | (4.1) (Blank).
|
9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
10 | | this subsection (c), a
minimum of
100 hours of community |
11 | | service shall be imposed for a second violation of
Section |
12 | | 6-303
of the Illinois Vehicle Code.
|
13 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
14 | | hours of community
service, as determined by the court, shall
|
15 | | be imposed for a second violation of subsection (c) of Section |
16 | | 6-303 of the
Illinois Vehicle Code.
|
17 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
18 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
19 | | of 30 days or 300 hours of community service, as
determined by |
20 | | the court, shall
be imposed
for a third or subsequent |
21 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
22 | | court may give credit toward the fulfillment of community |
23 | | service hours for participation in activities and treatment as |
24 | | determined by court services.
|
25 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
26 | | imposed for a third violation of subsection (c) of
Section |
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1 | | 6-303 of the Illinois Vehicle Code.
|
2 | | (4.6) Except as provided in paragraph (4.10) of this |
3 | | subsection (c), a minimum term of imprisonment of 180 days |
4 | | shall be imposed for a
fourth or subsequent violation of |
5 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
6 | | (4.7) A minimum term of imprisonment of not less than 30 |
7 | | consecutive days, or 300 hours of community service, shall be |
8 | | imposed for a violation of subsection (a-5) of Section 6-303 |
9 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
10 | | of that Section.
|
11 | | (4.8) A mandatory prison sentence shall be imposed for a |
12 | | second violation of subsection (a-5) of Section 6-303 of the |
13 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
14 | | Section. The person's driving privileges shall be revoked for |
15 | | a period of not less than 5 years from the date of his or her |
16 | | release from prison.
|
17 | | (4.9) A mandatory prison sentence of not less than 4 and |
18 | | not more than 15 years shall be imposed for a third violation |
19 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
20 | | Code, as provided in subsection (d-2.5) of that Section. The |
21 | | person's driving privileges shall be revoked for the remainder |
22 | | of his or her life.
|
23 | | (4.10) A mandatory prison sentence for a Class 1 felony |
24 | | shall be imposed, and the person shall be eligible for an |
25 | | extended term sentence, for a fourth or subsequent violation |
26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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1 | | Code, as provided in subsection (d-3.5) of that Section. The |
2 | | person's driving privileges shall be revoked for the remainder |
3 | | of his or her life.
|
4 | | (5) The court may sentence a corporation or unincorporated
|
5 | | association convicted of any offense to:
|
6 | | (A) a period of conditional discharge;
|
7 | | (B) a fine;
|
8 | | (C) make restitution to the victim under Section 5-5-6 |
9 | | of this Code.
|
10 | | (5.1) In addition to any other penalties imposed, and |
11 | | except as provided in paragraph (5.2) or (5.3), a person
|
12 | | convicted of violating subsection (c) of Section 11-907 of the |
13 | | Illinois
Vehicle Code shall have his or her driver's license, |
14 | | permit, or privileges
suspended for at least 90 days but not |
15 | | more than one year, if the violation
resulted in damage to the |
16 | | property of another person.
|
17 | | (5.2) In addition to any other penalties imposed, and |
18 | | except as provided in paragraph (5.3), a person convicted
of |
19 | | violating subsection (c) of Section 11-907 of the Illinois |
20 | | Vehicle Code
shall have his or her driver's license, permit, |
21 | | or privileges suspended for at
least 180 days but not more than |
22 | | 2 years, if the violation resulted in injury
to
another |
23 | | person.
|
24 | | (5.3) In addition to any other penalties imposed, a person |
25 | | convicted of violating subsection (c) of Section
11-907 of the |
26 | | Illinois Vehicle Code shall have his or her driver's license,
|
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1 | | permit, or privileges suspended for 2 years, if the violation |
2 | | resulted in the
death of another person.
|
3 | | (5.4) In addition to any other penalties imposed, a person |
4 | | convicted of violating Section 3-707 of the Illinois Vehicle |
5 | | Code shall have his or her driver's license, permit, or |
6 | | privileges suspended for 3 months and until he or she has paid |
7 | | a reinstatement fee of $100. |
8 | | (5.5) In addition to any other penalties imposed, a person |
9 | | convicted of violating Section 3-707 of the Illinois Vehicle |
10 | | Code during a period in which his or her driver's license, |
11 | | permit, or privileges were suspended for a previous violation |
12 | | of that Section shall have his or her driver's license, |
13 | | permit, or privileges suspended for an additional 6 months |
14 | | after the expiration of the original 3-month suspension and |
15 | | until he or she has paid a reinstatement fee of $100.
|
16 | | (6) (Blank).
|
17 | | (7) (Blank).
|
18 | | (8) (Blank).
|
19 | | (9) A defendant convicted of a second or subsequent |
20 | | offense of ritualized
abuse of a child may be sentenced to a |
21 | | term of natural life imprisonment.
|
22 | | (10) (Blank).
|
23 | | (11) The court shall impose a minimum fine of $1,000 for a |
24 | | first offense
and $2,000 for a second or subsequent offense |
25 | | upon a person convicted of or
placed on supervision for |
26 | | battery when the individual harmed was a sports
official or |
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1 | | coach at any level of competition and the act causing harm to |
2 | | the
sports
official or coach occurred within an athletic |
3 | | facility or within the immediate vicinity
of the athletic |
4 | | facility at which the sports official or coach was an active
|
5 | | participant
of the athletic contest held at the athletic |
6 | | facility. For the purposes of
this paragraph (11), "sports |
7 | | official" means a person at an athletic contest
who enforces |
8 | | the rules of the contest, such as an umpire or referee; |
9 | | "athletic facility" means an indoor or outdoor playing field |
10 | | or recreational area where sports activities are conducted;
|
11 | | and "coach" means a person recognized as a coach by the |
12 | | sanctioning
authority that conducted the sporting event. |
13 | | (12) A person may not receive a disposition of court |
14 | | supervision for a
violation of Section 5-16 of the Boat |
15 | | Registration and Safety Act if that
person has previously |
16 | | received a disposition of court supervision for a
violation of |
17 | | that Section.
|
18 | | (13) A person convicted of or placed on court supervision |
19 | | for an assault or aggravated assault when the victim and the |
20 | | offender are family or household members as defined in Section |
21 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
22 | | of domestic battery or aggravated domestic battery may be |
23 | | required to attend a Partner Abuse Intervention Program under |
24 | | protocols set forth by the Illinois Department of Human |
25 | | Services under such terms and conditions imposed by the court. |
26 | | The costs of such classes shall be paid by the offender.
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1 | | (d) In any case in which a sentence originally imposed is |
2 | | vacated,
the case shall be remanded to the trial court. The |
3 | | trial court shall
hold a hearing under Section 5-4-1 of this |
4 | | Code
which may include evidence of the defendant's life, moral |
5 | | character and
occupation during the time since the original |
6 | | sentence was passed. The
trial court shall then impose |
7 | | sentence upon the defendant. The trial
court may impose any |
8 | | sentence which could have been imposed at the
original trial |
9 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
10 | | on appeal or on collateral attack due to the
failure of the |
11 | | trier of fact at trial to determine beyond a reasonable doubt
|
12 | | the
existence of a fact (other than a prior conviction) |
13 | | necessary to increase the
punishment for the offense beyond |
14 | | the statutory maximum otherwise applicable,
either the |
15 | | defendant may be re-sentenced to a term within the range |
16 | | otherwise
provided or, if the State files notice of its |
17 | | intention to again seek the
extended sentence, the defendant |
18 | | shall be afforded a new trial.
|
19 | | (e) In cases where prosecution for
aggravated criminal |
20 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
21 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
22 | | of a defendant
who was a family member of the victim at the |
23 | | time of the commission of the
offense, the court shall |
24 | | consider the safety and welfare of the victim and
may impose a |
25 | | sentence of probation only where:
|
26 | | (1) the court finds (A) or (B) or both are |
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1 | | appropriate:
|
2 | | (A) the defendant is willing to undergo a court |
3 | | approved counseling
program for a minimum duration of |
4 | | 2 years; or
|
5 | | (B) the defendant is willing to participate in a |
6 | | court approved plan,
including, but not limited to, |
7 | | the defendant's:
|
8 | | (i) removal from the household;
|
9 | | (ii) restricted contact with the victim;
|
10 | | (iii) continued financial support of the |
11 | | family;
|
12 | | (iv) restitution for harm done to the victim; |
13 | | and
|
14 | | (v) compliance with any other measures that |
15 | | the court may
deem appropriate; and
|
16 | | (2) the court orders the defendant to pay for the |
17 | | victim's counseling
services, to the extent that the court |
18 | | finds, after considering the
defendant's income and |
19 | | assets, that the defendant is financially capable of
|
20 | | paying for such services, if the victim was under 18 years |
21 | | of age at the
time the offense was committed and requires |
22 | | counseling as a result of the
offense.
|
23 | | Probation may be revoked or modified pursuant to Section |
24 | | 5-6-4; except
where the court determines at the hearing that |
25 | | the defendant violated a
condition of his or her probation |
26 | | restricting contact with the victim or
other family members or |
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1 | | commits another offense with the victim or other
family |
2 | | members, the court shall revoke the defendant's probation and
|
3 | | impose a term of imprisonment.
|
4 | | For the purposes of this Section, "family member" and |
5 | | "victim" shall have
the meanings ascribed to them in Section |
6 | | 11-0.1 of the Criminal Code of
2012.
|
7 | | (f) (Blank).
|
8 | | (g) Whenever a defendant is convicted of an offense under |
9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
11 | | place of commercial sexual exploitation of a child juvenile |
12 | | prostitution , 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
13 | | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15, or |
14 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012,
the defendant shall undergo medical testing to
determine |
16 | | whether the defendant has any sexually transmissible disease,
|
17 | | including a test for infection with human immunodeficiency |
18 | | virus (HIV) or
any other identified causative agent of |
19 | | acquired immunodeficiency syndrome
(AIDS). Any such medical |
20 | | test shall be performed only by appropriately
licensed medical |
21 | | practitioners and may include an analysis of any bodily
fluids |
22 | | as well as an examination of the defendant's person.
Except as |
23 | | otherwise provided by law, the results of such test shall be |
24 | | kept
strictly confidential by all medical personnel involved |
25 | | in the testing and must
be personally delivered in a sealed |
26 | | envelope to the judge of the court in which
the conviction was |
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1 | | entered for the judge's inspection in camera. Acting in
|
2 | | accordance with the best interests of the victim and the |
3 | | public, the judge
shall have the discretion to determine to |
4 | | whom, if anyone, the results of the
testing may be revealed. |
5 | | The court shall notify the defendant
of the test results. The |
6 | | court shall
also notify the victim if requested by the victim, |
7 | | and if the victim is under
the age of 15 and if requested by |
8 | | the victim's parents or legal guardian, the
court shall notify |
9 | | the victim's parents or legal guardian of the test
results.
|
10 | | The court shall provide information on the availability of HIV |
11 | | testing
and counseling at Department of Public Health |
12 | | facilities to all parties to
whom the results of the testing |
13 | | are revealed and shall direct the State's
Attorney to provide |
14 | | the information to the victim when possible.
The court shall |
15 | | order that the cost of any such test
shall be paid by the |
16 | | county and may be taxed as costs against the convicted
|
17 | | defendant.
|
18 | | (g-5) When an inmate is tested for an airborne |
19 | | communicable disease, as
determined by the Illinois Department |
20 | | of Public Health, including, but not
limited to, tuberculosis, |
21 | | the results of the test shall be
personally delivered by the |
22 | | warden or his or her designee in a sealed envelope
to the judge |
23 | | of the court in which the inmate must appear for the judge's
|
24 | | inspection in camera if requested by the judge. Acting in |
25 | | accordance with the
best interests of those in the courtroom, |
26 | | the judge shall have the discretion
to determine what if any |
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1 | | precautions need to be taken to prevent transmission
of the |
2 | | disease in the courtroom.
|
3 | | (h) Whenever a defendant is convicted of an offense under |
4 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
5 | | defendant shall undergo
medical testing to determine whether |
6 | | the defendant has been exposed to human
immunodeficiency virus |
7 | | (HIV) or any other identified causative agent of
acquired |
8 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
9 | | by
law, the results of such test shall be kept strictly |
10 | | confidential by all
medical personnel involved in the testing |
11 | | and must be personally delivered in a
sealed envelope to the |
12 | | judge of the court in which the conviction was entered
for the |
13 | | judge's inspection in camera. Acting in accordance with the |
14 | | best
interests of the public, the judge shall have the |
15 | | discretion to determine to
whom, if anyone, the results of the |
16 | | testing may be revealed. The court shall
notify the defendant |
17 | | of a positive test showing an infection with the human
|
18 | | immunodeficiency virus (HIV). The court shall provide |
19 | | information on the
availability of HIV testing and counseling |
20 | | at Department of Public Health
facilities to all parties to |
21 | | whom the results of the testing are revealed and
shall direct |
22 | | the State's Attorney to provide the information to the victim |
23 | | when
possible. The court shall order that the cost of any
such |
24 | | test shall be paid by the county and may be taxed as costs |
25 | | against the
convicted defendant.
|
26 | | (i) All fines and penalties imposed under this Section for |
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1 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
2 | | Vehicle Code, or a similar
provision of a local ordinance, and |
3 | | any violation
of the Child Passenger Protection Act, or a |
4 | | similar provision of a local
ordinance, shall be collected and |
5 | | disbursed by the circuit
clerk as provided under the Criminal |
6 | | and Traffic Assessment Act.
|
7 | | (j) In cases when prosecution for any violation of Section |
8 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
9 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
10 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
12 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
13 | | Code of 2012, any violation of the Illinois Controlled |
14 | | Substances Act,
any violation of the Cannabis Control Act, or |
15 | | any violation of the Methamphetamine Control and Community |
16 | | Protection Act results in conviction, a
disposition of court |
17 | | supervision, or an order of probation granted under
Section 10 |
18 | | of the Cannabis Control Act, Section 410 of the Illinois
|
19 | | Controlled Substances Act, or Section 70 of the |
20 | | Methamphetamine Control and Community Protection Act of a |
21 | | defendant, the court shall determine whether the
defendant is |
22 | | employed by a facility or center as defined under the Child |
23 | | Care
Act of 1969, a public or private elementary or secondary |
24 | | school, or otherwise
works with children under 18 years of age |
25 | | on a daily basis. When a defendant
is so employed, the court |
26 | | shall order the Clerk of the Court to send a copy of
the |
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1 | | judgment of conviction or order of supervision or probation to |
2 | | the
defendant's employer by certified mail.
If the employer of |
3 | | the defendant is a school, the Clerk of the Court shall
direct |
4 | | the mailing of a copy of the judgment of conviction or order of
|
5 | | supervision or probation to the appropriate regional |
6 | | superintendent of schools.
The regional superintendent of |
7 | | schools shall notify the State Board of
Education of any |
8 | | notification under this subsection.
|
9 | | (j-5) A defendant at least 17 years of age who is convicted |
10 | | of a felony and
who has not been previously convicted of a |
11 | | misdemeanor or felony and who is
sentenced to a term of |
12 | | imprisonment in the Illinois Department of Corrections
shall |
13 | | as a condition of his or her sentence be required by the court |
14 | | to attend
educational courses designed to prepare the |
15 | | defendant for a high school diploma
and to work toward a high |
16 | | school diploma or to work toward passing high school |
17 | | equivalency testing or to work toward
completing a vocational |
18 | | training program offered by the Department of
Corrections. If |
19 | | a defendant fails to complete the educational training
|
20 | | required by his or her sentence during the term of |
21 | | incarceration, the Prisoner
Review Board shall, as a condition |
22 | | of mandatory supervised release, require the
defendant, at his |
23 | | or her own expense, to pursue a course of study toward a high
|
24 | | school diploma or passage of high school equivalency testing. |
25 | | The Prisoner Review Board shall
revoke the mandatory |
26 | | supervised release of a defendant who wilfully fails to
comply |
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1 | | with this subsection (j-5) upon his or her release from |
2 | | confinement in a
penal institution while serving a mandatory |
3 | | supervised release term; however,
the inability of the |
4 | | defendant after making a good faith effort to obtain
financial |
5 | | aid or pay for the educational training shall not be deemed a |
6 | | wilful
failure to comply. The Prisoner Review Board shall |
7 | | recommit the defendant
whose mandatory supervised release term |
8 | | has been revoked under this subsection
(j-5) as provided in |
9 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
10 | | defendant who has a high school diploma or has successfully |
11 | | passed high school equivalency testing. This subsection (j-5) |
12 | | does not apply to a defendant who is determined by
the court to |
13 | | be a person with a developmental disability or otherwise |
14 | | mentally incapable of
completing the educational or vocational |
15 | | program.
|
16 | | (k) (Blank).
|
17 | | (l) (A) Except as provided
in paragraph (C) of subsection |
18 | | (l), whenever a defendant,
who is not a citizen or national of |
19 | | the United States, is convicted
of any felony or misdemeanor |
20 | | offense, the court after sentencing the defendant
may, upon |
21 | | motion of the State's Attorney, hold sentence in abeyance and |
22 | | remand
the defendant to the custody of the Attorney General of
|
23 | | the United States or his or her designated agent to be deported |
24 | | when:
|
25 | | (1) a final order of deportation has been issued |
26 | | against the defendant
pursuant to proceedings under the |
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1 | | Immigration and Nationality Act, and
|
2 | | (2) the deportation of the defendant would not |
3 | | deprecate the seriousness
of the defendant's conduct and |
4 | | would not be inconsistent with the ends of
justice.
|
5 | | Otherwise, the defendant shall be sentenced as provided in |
6 | | this Chapter V.
|
7 | | (B) If the defendant has already been sentenced for a |
8 | | felony or
misdemeanor
offense, or has been placed on probation |
9 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
10 | | the Illinois Controlled Substances Act, or Section 70 of the |
11 | | Methamphetamine Control and Community Protection Act, the |
12 | | court
may, upon motion of the State's Attorney to suspend the
|
13 | | sentence imposed, commit the defendant to the custody of the |
14 | | Attorney General
of the United States or his or her designated |
15 | | agent when:
|
16 | | (1) a final order of deportation has been issued |
17 | | against the defendant
pursuant to proceedings under the |
18 | | Immigration and Nationality Act, and
|
19 | | (2) the deportation of the defendant would not |
20 | | deprecate the seriousness
of the defendant's conduct and |
21 | | would not be inconsistent with the ends of
justice.
|
22 | | (C) This subsection (l) does not apply to offenders who |
23 | | are subject to the
provisions of paragraph (2) of subsection |
24 | | (a) of Section 3-6-3.
|
25 | | (D) Upon motion of the State's Attorney, if a defendant |
26 | | sentenced under
this Section returns to the jurisdiction of |
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1 | | the United States, the defendant
shall be recommitted to the |
2 | | custody of the county from which he or she was
sentenced.
|
3 | | Thereafter, the defendant shall be brought before the |
4 | | sentencing court, which
may impose any sentence that was |
5 | | available under Section 5-5-3 at the time of
initial |
6 | | sentencing. In addition, the defendant shall not be eligible |
7 | | for
additional earned sentence credit as provided under
|
8 | | Section 3-6-3.
|
9 | | (m) A person convicted of criminal defacement of property |
10 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012, in which the property damage exceeds |
12 | | $300
and the property damaged is a school building, shall be |
13 | | ordered to perform
community service that may include cleanup, |
14 | | removal, or painting over the
defacement.
|
15 | | (n) The court may sentence a person convicted of a |
16 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
17 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
18 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
19 | | incarceration program if the person is otherwise eligible for |
20 | | that program
under Section 5-8-1.1, (ii) to community service, |
21 | | or (iii) if the person has a substance use disorder, as defined
|
22 | | in the Substance Use Disorder Act, to a treatment program
|
23 | | licensed under that Act. |
24 | | (o) Whenever a person is convicted of a sex offense as |
25 | | defined in Section 2 of the Sex Offender Registration Act, the |
26 | | defendant's driver's license or permit shall be subject to |
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1 | | renewal on an annual basis in accordance with the provisions |
2 | | of license renewal established by the Secretary of State.
|
3 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
4 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. |
5 | | 5-27-22.)
|
6 | | (730 ILCS 5/5-5-3.2)
|
7 | | (Text of Section before amendment by P.A. 102-982 ) |
8 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
9 | | sentencing.
|
10 | | (a) The following factors shall be accorded weight in |
11 | | favor of
imposing a term of imprisonment or may be considered |
12 | | by the court as reasons
to impose a more severe sentence under |
13 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
14 | | (1) the defendant's conduct caused or threatened |
15 | | serious harm;
|
16 | | (2) the defendant received compensation for committing |
17 | | the offense;
|
18 | | (3) the defendant has a history of prior delinquency |
19 | | or criminal activity;
|
20 | | (4) the defendant, by the duties of his office or by |
21 | | his position,
was obliged to prevent the particular |
22 | | offense committed or to bring
the offenders committing it |
23 | | to justice;
|
24 | | (5) the defendant held public office at the time of |
25 | | the offense,
and the offense related to the conduct of |
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1 | | that office;
|
2 | | (6) the defendant utilized his professional reputation |
3 | | or
position in the community to commit the offense, or to |
4 | | afford
him an easier means of committing it;
|
5 | | (7) the sentence is necessary to deter others from |
6 | | committing
the same crime;
|
7 | | (8) the defendant committed the offense against a |
8 | | person 60 years of age
or older or such person's property;
|
9 | | (9) the defendant committed the offense against a |
10 | | person who has a physical disability or such person's |
11 | | property;
|
12 | | (10) by reason of another individual's actual or |
13 | | perceived race, color,
creed, religion, ancestry, gender, |
14 | | sexual orientation, physical or mental
disability, or |
15 | | national origin, the defendant committed the offense |
16 | | against (i)
the person or property
of that individual; |
17 | | (ii) the person or property of a person who has an
|
18 | | association with, is married to, or has a friendship with |
19 | | the other individual;
or (iii) the person or property of a |
20 | | relative (by blood or marriage) of a
person described in |
21 | | clause (i) or (ii). For the purposes of this Section,
|
22 | | "sexual orientation" has the meaning ascribed to it in |
23 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
24 | | Rights Act;
|
25 | | (11) the offense took place in a place of worship or on |
26 | | the
grounds of a place of worship, immediately prior to, |
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1 | | during or immediately
following worship services. For |
2 | | purposes of this subparagraph, "place of
worship" shall |
3 | | mean any church, synagogue or other building, structure or
|
4 | | place used primarily for religious worship;
|
5 | | (12) the defendant was convicted of a felony committed |
6 | | while he was
on pretrial release or his own recognizance |
7 | | pending trial for a prior felony
and was convicted of such |
8 | | prior felony, or the defendant was convicted of a
felony |
9 | | committed while he was serving a period of probation,
|
10 | | conditional discharge, or mandatory supervised release |
11 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
12 | | (13) the defendant committed or attempted to commit a |
13 | | felony while he
was wearing a bulletproof vest. For the |
14 | | purposes of this paragraph (13), a
bulletproof vest is any |
15 | | device which is designed for the purpose of
protecting the |
16 | | wearer from bullets, shot or other lethal projectiles;
|
17 | | (14) the defendant held a position of trust or |
18 | | supervision such as, but
not limited to, family member as |
19 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
20 | | teacher, scout leader, baby sitter, or day care worker, in
|
21 | | relation to a victim under 18 years of age, and the |
22 | | defendant committed an
offense in violation of Section |
23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
24 | | 11-14.4 except for an offense that involves keeping a |
25 | | place of commercial sexual exploitation of a child |
26 | | juvenile prostitution , 11-15.1, 11-19.1, 11-19.2,
11-20.1, |
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1 | | 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 |
2 | | of the Criminal Code of 1961 or the Criminal Code of 2012
|
3 | | against
that victim;
|
4 | | (15) the defendant committed an offense related to the |
5 | | activities of an
organized gang. For the purposes of this |
6 | | factor, "organized gang" has the
meaning ascribed to it in |
7 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
8 | | Act;
|
9 | | (16) the defendant committed an offense in violation |
10 | | of one of the
following Sections while in a school, |
11 | | regardless of the time of day or time of
year; on any |
12 | | conveyance owned, leased, or contracted by a school to |
13 | | transport
students to or from school or a school related |
14 | | activity; on the real property
of a school; or on a public |
15 | | way within 1,000 feet of the real property
comprising any |
16 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
17 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
18 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
19 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
20 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
21 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
22 | | 1961 or the Criminal Code of 2012;
|
23 | | (16.5) the defendant committed an offense in violation |
24 | | of one of the
following Sections while in a day care |
25 | | center, regardless of the time of day or
time of year; on |
26 | | the real property of a day care center, regardless of the |
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1 | | time
of day or time of year; or on a public
way within |
2 | | 1,000 feet of the real property comprising any day care |
3 | | center,
regardless of the time of day or time of year:
|
4 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
5 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
6 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
7 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
8 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
9 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
10 | | Criminal Code of 2012;
|
11 | | (17) the defendant committed the offense by reason of |
12 | | any person's
activity as a community policing volunteer or |
13 | | to prevent any person from
engaging in activity as a |
14 | | community policing volunteer. For the purpose of
this |
15 | | Section, "community policing volunteer" has the meaning |
16 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
17 | | 2012;
|
18 | | (18) the defendant committed the offense in a nursing |
19 | | home or on the
real
property comprising a nursing home. |
20 | | For the purposes of this paragraph (18),
"nursing home" |
21 | | means a skilled nursing
or intermediate long term care |
22 | | facility that is subject to license by the
Illinois |
23 | | Department of Public Health under the Nursing Home Care
|
24 | | Act, the Specialized Mental Health Rehabilitation Act of |
25 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
26 | | (19) the defendant was a federally licensed firearm |
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1 | | dealer
and
was
previously convicted of a violation of |
2 | | subsection (a) of Section 3 of the
Firearm Owners |
3 | | Identification Card Act and has now committed either a |
4 | | felony
violation
of the Firearm Owners Identification Card |
5 | | Act or an act of armed violence while
armed
with a firearm; |
6 | | (20) the defendant (i) committed the offense of |
7 | | reckless homicide under Section 9-3 of the Criminal Code |
8 | | of 1961 or the Criminal Code of 2012 or the offense of |
9 | | driving under the influence of alcohol, other drug or
|
10 | | drugs, intoxicating compound or compounds or any |
11 | | combination thereof under Section 11-501 of the Illinois |
12 | | Vehicle Code or a similar provision of a local ordinance |
13 | | and (ii) was operating a motor vehicle in excess of 20 |
14 | | miles per hour over the posted speed limit as provided in |
15 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
16 | | (21) the defendant (i) committed the offense of |
17 | | reckless driving or aggravated reckless driving under |
18 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
19 | | operating a motor vehicle in excess of 20 miles per hour |
20 | | over the posted speed limit as provided in Article VI of |
21 | | Chapter 11 of the Illinois Vehicle Code; |
22 | | (22) the defendant committed the offense against a |
23 | | person that the defendant knew, or reasonably should have |
24 | | known, was a member of the Armed Forces of the United |
25 | | States serving on active duty. For purposes of this clause |
26 | | (22), the term "Armed Forces" means any of the Armed |
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1 | | Forces of the United States, including a member of any |
2 | | reserve component thereof or National Guard unit called to |
3 | | active duty;
|
4 | | (23)
the defendant committed the offense against a |
5 | | person who was elderly or infirm or who was a person with a |
6 | | disability by taking advantage of a family or fiduciary |
7 | | relationship with the elderly or infirm person or person |
8 | | with a disability;
|
9 | | (24)
the defendant committed any offense under Section |
10 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012 and possessed 100 or more images;
|
12 | | (25) the defendant committed the offense while the |
13 | | defendant or the victim was in a train, bus, or other |
14 | | vehicle used for public transportation; |
15 | | (26) the defendant committed the offense of child |
16 | | pornography or aggravated child pornography, specifically |
17 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
18 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
19 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
20 | | solicited for, depicted in, or posed in any act of sexual |
21 | | penetration or bound, fettered, or subject to sadistic, |
22 | | masochistic, or sadomasochistic abuse in a sexual context |
23 | | and specifically including paragraph (1), (2), (3), (4), |
24 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
25 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
26 | | engaged in, solicited for, depicted in, or posed in any |
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1 | | act of sexual penetration or bound, fettered, or subject |
2 | | to sadistic, masochistic, or sadomasochistic abuse in a |
3 | | sexual context; |
4 | | (27) the defendant committed the offense of first |
5 | | degree murder, assault, aggravated assault, battery, |
6 | | aggravated battery, robbery, armed robbery, or aggravated |
7 | | robbery against a person who was a veteran and the |
8 | | defendant knew, or reasonably should have known, that the |
9 | | person was a veteran performing duties as a representative |
10 | | of a veterans' organization. For the purposes of this |
11 | | paragraph (27), "veteran" means an Illinois resident who |
12 | | has served as a member of the United States Armed Forces, a |
13 | | member of the Illinois National Guard, or a member of the |
14 | | United States Reserve Forces; and "veterans' organization" |
15 | | means an organization comprised of members of
which |
16 | | substantially all are individuals who are veterans or |
17 | | spouses,
widows, or widowers of veterans, the primary |
18 | | purpose of which is to
promote the welfare of its members |
19 | | and to provide assistance to the general
public in such a |
20 | | way as to confer a public benefit; |
21 | | (28) the defendant committed the offense of assault, |
22 | | aggravated assault, battery, aggravated battery, robbery, |
23 | | armed robbery, or aggravated robbery against a person that |
24 | | the defendant knew or reasonably should have known was a |
25 | | letter carrier or postal worker while that person was |
26 | | performing his or her duties delivering mail for the |
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1 | | United States Postal Service; |
2 | | (29) the defendant committed the offense of criminal |
3 | | sexual assault, aggravated criminal sexual assault, |
4 | | criminal sexual abuse, or aggravated criminal sexual abuse |
5 | | against a victim with an intellectual disability, and the |
6 | | defendant holds a position of trust, authority, or |
7 | | supervision in relation to the victim; |
8 | | (30) the defendant committed the offense of promoting |
9 | | commercial sexual exploitation of a child juvenile |
10 | | prostitution , patronizing a provider of commercial sexual |
11 | | activity prostitute , or patronizing a sexually exploited |
12 | | child minor engaged in prostitution and at the time of the |
13 | | commission of the offense knew that the provider of |
14 | | commercial sexual activity prostitute or sexually |
15 | | exploited child minor engaged in prostitution was in the |
16 | | custody or guardianship of the Department of Children and |
17 | | Family Services; |
18 | | (31) the defendant (i) committed the offense of |
19 | | driving while under the influence of alcohol, other drug |
20 | | or drugs, intoxicating compound or compounds or any |
21 | | combination thereof in violation of Section 11-501 of the |
22 | | Illinois Vehicle Code or a similar provision of a local |
23 | | ordinance and (ii) the defendant during the commission of |
24 | | the offense was driving his or her vehicle upon a roadway |
25 | | designated for one-way traffic in the opposite direction |
26 | | of the direction indicated by official traffic control |
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1 | | devices; |
2 | | (32) the defendant committed the offense of reckless |
3 | | homicide while committing a violation of Section 11-907 of |
4 | | the Illinois Vehicle Code; |
5 | | (33) the defendant was found guilty of an |
6 | | administrative infraction related to an act or acts of |
7 | | public indecency or sexual misconduct in the penal |
8 | | institution. In this paragraph (33), "penal institution" |
9 | | has the same meaning as in Section 2-14 of the Criminal |
10 | | Code of 2012; or |
11 | | (34) the defendant committed the offense of leaving |
12 | | the scene of an accident in violation of subsection (b) of |
13 | | Section 11-401 of the Illinois Vehicle Code and the |
14 | | accident resulted in the death of a person and at the time |
15 | | of the offense, the defendant was: (i) driving under the |
16 | | influence of alcohol, other drug or drugs, intoxicating |
17 | | compound or compounds or any combination thereof as |
18 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
19 | | (ii) operating the motor vehicle while using an electronic |
20 | | communication device as defined in Section 12-610.2 of the |
21 | | Illinois Vehicle Code. |
22 | | For the purposes of this Section:
|
23 | | "School" is defined as a public or private
elementary or |
24 | | secondary school, community college, college, or university.
|
25 | | "Day care center" means a public or private State |
26 | | certified and
licensed day care center as defined in Section |
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1 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
2 | | plain view stating that the
property is a day care center.
|
3 | | "Intellectual disability" means significantly subaverage |
4 | | intellectual functioning which exists concurrently
with |
5 | | impairment in adaptive behavior. |
6 | | "Public transportation" means the transportation
or |
7 | | conveyance of persons by means available to the general |
8 | | public, and includes paratransit services. |
9 | | "Traffic control devices" means all signs, signals, |
10 | | markings, and devices that conform to the Illinois Manual on |
11 | | Uniform Traffic Control Devices, placed or erected by |
12 | | authority of a public body or official having jurisdiction, |
13 | | for the purpose of regulating, warning, or guiding traffic. |
14 | | (b) The following factors, related to all felonies, may be |
15 | | considered by the court as
reasons to impose an extended term |
16 | | sentence under Section 5-8-2
upon any offender:
|
17 | | (1) When a defendant is convicted of any felony, after |
18 | | having
been previously convicted in Illinois or any other |
19 | | jurisdiction of the
same or similar class felony or |
20 | | greater class felony, when such conviction
has occurred |
21 | | within 10 years after the
previous conviction, excluding |
22 | | time spent in custody, and such charges are
separately |
23 | | brought and tried and arise out of different series of |
24 | | acts; or
|
25 | | (2) When a defendant is convicted of any felony and |
26 | | the court
finds that the offense was accompanied by |
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1 | | exceptionally brutal
or heinous behavior indicative of |
2 | | wanton cruelty; or
|
3 | | (3) When a defendant is convicted of any felony |
4 | | committed against:
|
5 | | (i) a person under 12 years of age at the time of |
6 | | the offense or such
person's property;
|
7 | | (ii) a person 60 years of age or older at the time |
8 | | of the offense or
such person's property; or
|
9 | | (iii) a person who had a physical disability at |
10 | | the time of the offense or
such person's property; or
|
11 | | (4) When a defendant is convicted of any felony and |
12 | | the offense
involved any of the following types of |
13 | | specific misconduct committed as
part of a ceremony, rite, |
14 | | initiation, observance, performance, practice or
activity |
15 | | of any actual or ostensible religious, fraternal, or |
16 | | social group:
|
17 | | (i) the brutalizing or torturing of humans or |
18 | | animals;
|
19 | | (ii) the theft of human corpses;
|
20 | | (iii) the kidnapping of humans;
|
21 | | (iv) the desecration of any cemetery, religious, |
22 | | fraternal, business,
governmental, educational, or |
23 | | other building or property; or
|
24 | | (v) ritualized abuse of a child; or
|
25 | | (5) When a defendant is convicted of a felony other |
26 | | than conspiracy and
the court finds that
the felony was |
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1 | | committed under an agreement with 2 or more other persons
|
2 | | to commit that offense and the defendant, with respect to |
3 | | the other
individuals, occupied a position of organizer, |
4 | | supervisor, financier, or any
other position of management |
5 | | or leadership, and the court further finds that
the felony |
6 | | committed was related to or in furtherance of the criminal
|
7 | | activities of an organized gang or was motivated by the |
8 | | defendant's leadership
in an organized gang; or
|
9 | | (6) When a defendant is convicted of an offense |
10 | | committed while using a firearm with a
laser sight |
11 | | attached to it. For purposes of this paragraph, "laser |
12 | | sight"
has the meaning ascribed to it in Section 26-7 of |
13 | | the Criminal Code of
2012; or
|
14 | | (7) When a defendant who was at least 17 years of age |
15 | | at the
time of
the commission of the offense is convicted |
16 | | of a felony and has been previously
adjudicated a |
17 | | delinquent minor under the Juvenile Court Act of 1987 for |
18 | | an act
that if committed by an adult would be a Class X or |
19 | | Class 1 felony when the
conviction has occurred within 10 |
20 | | years after the previous adjudication,
excluding time |
21 | | spent in custody; or
|
22 | | (8) When a defendant commits any felony and the |
23 | | defendant used, possessed, exercised control over, or |
24 | | otherwise directed an animal to assault a law enforcement |
25 | | officer engaged in the execution of his or her official |
26 | | duties or in furtherance of the criminal activities of an |
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1 | | organized gang in which the defendant is engaged; or
|
2 | | (9) When a defendant commits any felony and the |
3 | | defendant knowingly video or audio records the offense |
4 | | with the intent to disseminate the recording. |
5 | | (c) The following factors may be considered by the court |
6 | | as reasons to impose an extended term sentence under Section |
7 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
8 | | offenses: |
9 | | (1) When a defendant is convicted of first degree |
10 | | murder, after having been previously convicted in Illinois |
11 | | of any offense listed under paragraph (c)(2) of Section |
12 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
13 | | occurred within 10 years after the previous conviction, |
14 | | excluding time spent in custody, and the charges are |
15 | | separately brought and tried and arise out of different |
16 | | series of acts. |
17 | | (1.5) When a defendant is convicted of first degree |
18 | | murder, after having been previously convicted of domestic |
19 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
20 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
21 | | having been previously convicted of violation of an order |
22 | | of protection (720 ILCS 5/12-30) in which the same victim |
23 | | was the protected person. |
24 | | (2) When a defendant is convicted of voluntary |
25 | | manslaughter, second degree murder, involuntary |
26 | | manslaughter, or reckless homicide in which the defendant |
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1 | | has been convicted of causing the death of more than one |
2 | | individual. |
3 | | (3) When a defendant is convicted of aggravated |
4 | | criminal sexual assault or criminal sexual assault, when |
5 | | there is a finding that aggravated criminal sexual assault |
6 | | or criminal sexual assault was also committed on the same |
7 | | victim by one or more other individuals, and the defendant |
8 | | voluntarily participated in the crime with the knowledge |
9 | | of the participation of the others in the crime, and the |
10 | | commission of the crime was part of a single course of |
11 | | conduct during which there was no substantial change in |
12 | | the nature of the criminal objective. |
13 | | (4) If the victim was under 18 years of age at the time |
14 | | of the commission of the offense, when a defendant is |
15 | | convicted of aggravated criminal sexual assault or |
16 | | predatory criminal sexual assault of a child under |
17 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
18 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
20 | | (5) When a defendant is convicted of a felony |
21 | | violation of Section 24-1 of the Criminal Code of 1961 or |
22 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
23 | | finding that the defendant is a member of an organized |
24 | | gang. |
25 | | (6) When a defendant was convicted of unlawful use of |
26 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
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1 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
2 | | a weapon that is not readily distinguishable as one of the |
3 | | weapons enumerated in Section 24-1 of the Criminal Code of |
4 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
5 | | (7) When a defendant is convicted of an offense |
6 | | involving the illegal manufacture of a controlled |
7 | | substance under Section 401 of the Illinois Controlled |
8 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
9 | | of methamphetamine under Section 25 of the Methamphetamine |
10 | | Control and Community Protection Act (720 ILCS 646/25), or |
11 | | the illegal possession of explosives and an emergency |
12 | | response officer in the performance of his or her duties |
13 | | is killed or injured at the scene of the offense while |
14 | | responding to the emergency caused by the commission of |
15 | | the offense. In this paragraph, "emergency" means a |
16 | | situation in which a person's life, health, or safety is |
17 | | in jeopardy; and "emergency response officer" means a |
18 | | peace officer, community policing volunteer, fireman, |
19 | | emergency medical technician-ambulance, emergency medical |
20 | | technician-intermediate, emergency medical |
21 | | technician-paramedic, ambulance driver, other medical |
22 | | assistance or first aid personnel, or hospital emergency |
23 | | room personnel.
|
24 | | (8) When the defendant is convicted of attempted mob |
25 | | action, solicitation to commit mob action, or conspiracy |
26 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
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1 | | Criminal Code of 2012, where the criminal object is a |
2 | | violation of Section 25-1 of the Criminal Code of 2012, |
3 | | and an electronic communication is used in the commission |
4 | | of the offense. For the purposes of this paragraph (8), |
5 | | "electronic communication" shall have the meaning provided |
6 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
7 | | (d) For the purposes of this Section, "organized gang" has |
8 | | the meaning
ascribed to it in Section 10 of the Illinois |
9 | | Streetgang Terrorism Omnibus
Prevention Act.
|
10 | | (e) The court may impose an extended term sentence under |
11 | | Article 4.5 of Chapter V upon an offender who has been |
12 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
13 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
14 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
15 | | when the victim of the offense is under 18 years of age at the |
16 | | time of the commission of the offense and, during the |
17 | | commission of the offense, the victim was under the influence |
18 | | of alcohol, regardless of whether or not the alcohol was |
19 | | supplied by the offender; and the offender, at the time of the |
20 | | commission of the offense, knew or should have known that the |
21 | | victim had consumed alcohol. |
22 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
23 | | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. |
24 | | 8-20-21 .) |
25 | | (Text of Section after amendment by P.A. 102-982 ) |
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1 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
2 | | sentencing.
|
3 | | (a) The following factors shall be accorded weight in |
4 | | favor of
imposing a term of imprisonment or may be considered |
5 | | by the court as reasons
to impose a more severe sentence under |
6 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
7 | | (1) the defendant's conduct caused or threatened |
8 | | serious harm;
|
9 | | (2) the defendant received compensation for committing |
10 | | the offense;
|
11 | | (3) the defendant has a history of prior delinquency |
12 | | or criminal activity;
|
13 | | (4) the defendant, by the duties of his office or by |
14 | | his position,
was obliged to prevent the particular |
15 | | offense committed or to bring
the offenders committing it |
16 | | to justice;
|
17 | | (5) the defendant held public office at the time of |
18 | | the offense,
and the offense related to the conduct of |
19 | | that office;
|
20 | | (6) the defendant utilized his professional reputation |
21 | | or
position in the community to commit the offense, or to |
22 | | afford
him an easier means of committing it;
|
23 | | (7) the sentence is necessary to deter others from |
24 | | committing
the same crime;
|
25 | | (8) the defendant committed the offense against a |
26 | | person 60 years of age
or older or such person's property;
|
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1 | | (9) the defendant committed the offense against a |
2 | | person who has a physical disability or such person's |
3 | | property;
|
4 | | (10) by reason of another individual's actual or |
5 | | perceived race, color,
creed, religion, ancestry, gender, |
6 | | sexual orientation, physical or mental
disability, or |
7 | | national origin, the defendant committed the offense |
8 | | against (i)
the person or property
of that individual; |
9 | | (ii) the person or property of a person who has an
|
10 | | association with, is married to, or has a friendship with |
11 | | the other individual;
or (iii) the person or property of a |
12 | | relative (by blood or marriage) of a
person described in |
13 | | clause (i) or (ii). For the purposes of this Section,
|
14 | | "sexual orientation" has the meaning ascribed to it in |
15 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
16 | | Rights Act;
|
17 | | (11) the offense took place in a place of worship or on |
18 | | the
grounds of a place of worship, immediately prior to, |
19 | | during or immediately
following worship services. For |
20 | | purposes of this subparagraph, "place of
worship" shall |
21 | | mean any church, synagogue or other building, structure or
|
22 | | place used primarily for religious worship;
|
23 | | (12) the defendant was convicted of a felony committed |
24 | | while he was
on pretrial release or his own recognizance |
25 | | pending trial for a prior felony
and was convicted of such |
26 | | prior felony, or the defendant was convicted of a
felony |
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1 | | committed while he was serving a period of probation,
|
2 | | conditional discharge, or mandatory supervised release |
3 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
4 | | (13) the defendant committed or attempted to commit a |
5 | | felony while he
was wearing a bulletproof vest. For the |
6 | | purposes of this paragraph (13), a
bulletproof vest is any |
7 | | device which is designed for the purpose of
protecting the |
8 | | wearer from bullets, shot or other lethal projectiles;
|
9 | | (14) the defendant held a position of trust or |
10 | | supervision such as, but
not limited to, family member as |
11 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
12 | | teacher, scout leader, baby sitter, or day care worker, in
|
13 | | relation to a victim under 18 years of age, and the |
14 | | defendant committed an
offense in violation of Section |
15 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
16 | | 11-14.4 except for an offense that involves keeping a |
17 | | place of commercial sexual exploitation of a child |
18 | | juvenile prostitution , 11-15.1, 11-19.1, 11-19.2,
11-20.1, |
19 | | 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 |
20 | | of the Criminal Code of 1961 or the Criminal Code of 2012
|
21 | | against
that victim;
|
22 | | (15) the defendant committed an offense related to the |
23 | | activities of an
organized gang. For the purposes of this |
24 | | factor, "organized gang" has the
meaning ascribed to it in |
25 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
26 | | Act;
|
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1 | | (16) the defendant committed an offense in violation |
2 | | of one of the
following Sections while in a school, |
3 | | regardless of the time of day or time of
year; on any |
4 | | conveyance owned, leased, or contracted by a school to |
5 | | transport
students to or from school or a school related |
6 | | activity; on the real property
of a school; or on a public |
7 | | way within 1,000 feet of the real property
comprising any |
8 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
9 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
10 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
11 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
12 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
13 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
14 | | 1961 or the Criminal Code of 2012;
|
15 | | (16.5) the defendant committed an offense in violation |
16 | | of one of the
following Sections while in a day care |
17 | | center, regardless of the time of day or
time of year; on |
18 | | the real property of a day care center, regardless of the |
19 | | time
of day or time of year; or on a public
way within |
20 | | 1,000 feet of the real property comprising any day care |
21 | | center,
regardless of the time of day or time of year:
|
22 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
23 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
24 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
25 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
26 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
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1 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
2 | | Criminal Code of 2012;
|
3 | | (17) the defendant committed the offense by reason of |
4 | | any person's
activity as a community policing volunteer or |
5 | | to prevent any person from
engaging in activity as a |
6 | | community policing volunteer. For the purpose of
this |
7 | | Section, "community policing volunteer" has the meaning |
8 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
9 | | 2012;
|
10 | | (18) the defendant committed the offense in a nursing |
11 | | home or on the
real
property comprising a nursing home. |
12 | | For the purposes of this paragraph (18),
"nursing home" |
13 | | means a skilled nursing
or intermediate long term care |
14 | | facility that is subject to license by the
Illinois |
15 | | Department of Public Health under the Nursing Home Care
|
16 | | Act, the Specialized Mental Health Rehabilitation Act of |
17 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
18 | | (19) the defendant was a federally licensed firearm |
19 | | dealer
and
was
previously convicted of a violation of |
20 | | subsection (a) of Section 3 of the
Firearm Owners |
21 | | Identification Card Act and has now committed either a |
22 | | felony
violation
of the Firearm Owners Identification Card |
23 | | Act or an act of armed violence while
armed
with a firearm; |
24 | | (20) the defendant (i) committed the offense of |
25 | | reckless homicide under Section 9-3 of the Criminal Code |
26 | | of 1961 or the Criminal Code of 2012 or the offense of |
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1 | | driving under the influence of alcohol, other drug or
|
2 | | drugs, intoxicating compound or compounds or any |
3 | | combination thereof under Section 11-501 of the Illinois |
4 | | Vehicle Code or a similar provision of a local ordinance |
5 | | and (ii) was operating a motor vehicle in excess of 20 |
6 | | miles per hour over the posted speed limit as provided in |
7 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
8 | | (21) the defendant (i) committed the offense of |
9 | | reckless driving or aggravated reckless driving under |
10 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
11 | | operating a motor vehicle in excess of 20 miles per hour |
12 | | over the posted speed limit as provided in Article VI of |
13 | | Chapter 11 of the Illinois Vehicle Code; |
14 | | (22) the defendant committed the offense against a |
15 | | person that the defendant knew, or reasonably should have |
16 | | known, was a member of the Armed Forces of the United |
17 | | States serving on active duty. For purposes of this clause |
18 | | (22), the term "Armed Forces" means any of the Armed |
19 | | Forces of the United States, including a member of any |
20 | | reserve component thereof or National Guard unit called to |
21 | | active duty;
|
22 | | (23)
the defendant committed the offense against a |
23 | | person who was elderly or infirm or who was a person with a |
24 | | disability by taking advantage of a family or fiduciary |
25 | | relationship with the elderly or infirm person or person |
26 | | with a disability;
|
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1 | | (24)
the defendant committed any offense under Section |
2 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
3 | | of 2012 and possessed 100 or more images;
|
4 | | (25) the defendant committed the offense while the |
5 | | defendant or the victim was in a train, bus, or other |
6 | | vehicle used for public transportation; |
7 | | (26) the defendant committed the offense of child |
8 | | pornography or aggravated child pornography, specifically |
9 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
10 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
12 | | solicited for, depicted in, or posed in any act of sexual |
13 | | penetration or bound, fettered, or subject to sadistic, |
14 | | masochistic, or sadomasochistic abuse in a sexual context |
15 | | and specifically including paragraph (1), (2), (3), (4), |
16 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
17 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
18 | | engaged in, solicited for, depicted in, or posed in any |
19 | | act of sexual penetration or bound, fettered, or subject |
20 | | to sadistic, masochistic, or sadomasochistic abuse in a |
21 | | sexual context; |
22 | | (27) the defendant committed the offense of first |
23 | | degree murder, assault, aggravated assault, battery, |
24 | | aggravated battery, robbery, armed robbery, or aggravated |
25 | | robbery against a person who was a veteran and the |
26 | | defendant knew, or reasonably should have known, that the |
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1 | | person was a veteran performing duties as a representative |
2 | | of a veterans' organization. For the purposes of this |
3 | | paragraph (27), "veteran" means an Illinois resident who |
4 | | has served as a member of the United States Armed Forces, a |
5 | | member of the Illinois National Guard, or a member of the |
6 | | United States Reserve Forces; and "veterans' organization" |
7 | | means an organization comprised of members of
which |
8 | | substantially all are individuals who are veterans or |
9 | | spouses,
widows, or widowers of veterans, the primary |
10 | | purpose of which is to
promote the welfare of its members |
11 | | and to provide assistance to the general
public in such a |
12 | | way as to confer a public benefit; |
13 | | (28) the defendant committed the offense of assault, |
14 | | aggravated assault, battery, aggravated battery, robbery, |
15 | | armed robbery, or aggravated robbery against a person that |
16 | | the defendant knew or reasonably should have known was a |
17 | | letter carrier or postal worker while that person was |
18 | | performing his or her duties delivering mail for the |
19 | | United States Postal Service; |
20 | | (29) the defendant committed the offense of criminal |
21 | | sexual assault, aggravated criminal sexual assault, |
22 | | criminal sexual abuse, or aggravated criminal sexual abuse |
23 | | against a victim with an intellectual disability, and the |
24 | | defendant holds a position of trust, authority, or |
25 | | supervision in relation to the victim; |
26 | | (30) the defendant committed the offense of promoting |
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1 | | commercial sexual exploitation of a child juvenile |
2 | | prostitution , patronizing a provider of commercial sexual |
3 | | activity prostitute , or patronizing a sexually exploited |
4 | | child minor engaged in prostitution and at the time of the |
5 | | commission of the offense knew that the provider of |
6 | | commercial sexual activity prostitute or sexually |
7 | | exploited child minor engaged in prostitution was in the |
8 | | custody or guardianship of the Department of Children and |
9 | | Family Services; |
10 | | (31) the defendant (i) committed the offense of |
11 | | driving while under the influence of alcohol, other drug |
12 | | or drugs, intoxicating compound or compounds or any |
13 | | combination thereof in violation of Section 11-501 of the |
14 | | Illinois Vehicle Code or a similar provision of a local |
15 | | ordinance and (ii) the defendant during the commission of |
16 | | the offense was driving his or her vehicle upon a roadway |
17 | | designated for one-way traffic in the opposite direction |
18 | | of the direction indicated by official traffic control |
19 | | devices; |
20 | | (32) the defendant committed the offense of reckless |
21 | | homicide while committing a violation of Section 11-907 of |
22 | | the Illinois Vehicle Code; |
23 | | (33) the defendant was found guilty of an |
24 | | administrative infraction related to an act or acts of |
25 | | public indecency or sexual misconduct in the penal |
26 | | institution. In this paragraph (33), "penal institution" |
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1 | | has the same meaning as in Section 2-14 of the Criminal |
2 | | Code of 2012; or |
3 | | (34) the defendant committed the offense of leaving |
4 | | the scene of a crash in violation of subsection (b) of |
5 | | Section 11-401 of the Illinois Vehicle Code and the crash |
6 | | resulted in the death of a person and at the time of the |
7 | | offense, the defendant was: (i) driving under the |
8 | | influence of alcohol, other drug or drugs, intoxicating |
9 | | compound or compounds or any combination thereof as |
10 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
11 | | (ii) operating the motor vehicle while using an electronic |
12 | | communication device as defined in Section 12-610.2 of the |
13 | | Illinois Vehicle Code. |
14 | | For the purposes of this Section:
|
15 | | "School" is defined as a public or private
elementary or |
16 | | secondary school, community college, college, or university.
|
17 | | "Day care center" means a public or private State |
18 | | certified and
licensed day care center as defined in Section |
19 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
20 | | plain view stating that the
property is a day care center.
|
21 | | "Intellectual disability" means significantly subaverage |
22 | | intellectual functioning which exists concurrently
with |
23 | | impairment in adaptive behavior. |
24 | | "Public transportation" means the transportation
or |
25 | | conveyance of persons by means available to the general |
26 | | public, and includes paratransit services. |
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1 | | "Traffic control devices" means all signs, signals, |
2 | | markings, and devices that conform to the Illinois Manual on |
3 | | Uniform Traffic Control Devices, placed or erected by |
4 | | authority of a public body or official having jurisdiction, |
5 | | for the purpose of regulating, warning, or guiding traffic. |
6 | | (b) The following factors, related to all felonies, may be |
7 | | considered by the court as
reasons to impose an extended term |
8 | | sentence under Section 5-8-2
upon any offender:
|
9 | | (1) When a defendant is convicted of any felony, after |
10 | | having
been previously convicted in Illinois or any other |
11 | | jurisdiction of the
same or similar class felony or |
12 | | greater class felony, when such conviction
has occurred |
13 | | within 10 years after the
previous conviction, excluding |
14 | | time spent in custody, and such charges are
separately |
15 | | brought and tried and arise out of different series of |
16 | | acts; or
|
17 | | (2) When a defendant is convicted of any felony and |
18 | | the court
finds that the offense was accompanied by |
19 | | exceptionally brutal
or heinous behavior indicative of |
20 | | wanton cruelty; or
|
21 | | (3) When a defendant is convicted of any felony |
22 | | committed against:
|
23 | | (i) a person under 12 years of age at the time of |
24 | | the offense or such
person's property;
|
25 | | (ii) a person 60 years of age or older at the time |
26 | | of the offense or
such person's property; or
|
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1 | | (iii) a person who had a physical disability at |
2 | | the time of the offense or
such person's property; or
|
3 | | (4) When a defendant is convicted of any felony and |
4 | | the offense
involved any of the following types of |
5 | | specific misconduct committed as
part of a ceremony, rite, |
6 | | initiation, observance, performance, practice or
activity |
7 | | of any actual or ostensible religious, fraternal, or |
8 | | social group:
|
9 | | (i) the brutalizing or torturing of humans or |
10 | | animals;
|
11 | | (ii) the theft of human corpses;
|
12 | | (iii) the kidnapping of humans;
|
13 | | (iv) the desecration of any cemetery, religious, |
14 | | fraternal, business,
governmental, educational, or |
15 | | other building or property; or
|
16 | | (v) ritualized abuse of a child; or
|
17 | | (5) When a defendant is convicted of a felony other |
18 | | than conspiracy and
the court finds that
the felony was |
19 | | committed under an agreement with 2 or more other persons
|
20 | | to commit that offense and the defendant, with respect to |
21 | | the other
individuals, occupied a position of organizer, |
22 | | supervisor, financier, or any
other position of management |
23 | | or leadership, and the court further finds that
the felony |
24 | | committed was related to or in furtherance of the criminal
|
25 | | activities of an organized gang or was motivated by the |
26 | | defendant's leadership
in an organized gang; or
|
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1 | | (6) When a defendant is convicted of an offense |
2 | | committed while using a firearm with a
laser sight |
3 | | attached to it. For purposes of this paragraph, "laser |
4 | | sight"
has the meaning ascribed to it in Section 26-7 of |
5 | | the Criminal Code of
2012; or
|
6 | | (7) When a defendant who was at least 17 years of age |
7 | | at the
time of
the commission of the offense is convicted |
8 | | of a felony and has been previously
adjudicated a |
9 | | delinquent minor under the Juvenile Court Act of 1987 for |
10 | | an act
that if committed by an adult would be a Class X or |
11 | | Class 1 felony when the
conviction has occurred within 10 |
12 | | years after the previous adjudication,
excluding time |
13 | | spent in custody; or
|
14 | | (8) When a defendant commits any felony and the |
15 | | defendant used, possessed, exercised control over, or |
16 | | otherwise directed an animal to assault a law enforcement |
17 | | officer engaged in the execution of his or her official |
18 | | duties or in furtherance of the criminal activities of an |
19 | | organized gang in which the defendant is engaged; or
|
20 | | (9) When a defendant commits any felony and the |
21 | | defendant knowingly video or audio records the offense |
22 | | with the intent to disseminate the recording. |
23 | | (c) The following factors may be considered by the court |
24 | | as reasons to impose an extended term sentence under Section |
25 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
26 | | offenses: |
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1 | | (1) When a defendant is convicted of first degree |
2 | | murder, after having been previously convicted in Illinois |
3 | | of any offense listed under paragraph (c)(2) of Section |
4 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
5 | | occurred within 10 years after the previous conviction, |
6 | | excluding time spent in custody, and the charges are |
7 | | separately brought and tried and arise out of different |
8 | | series of acts. |
9 | | (1.5) When a defendant is convicted of first degree |
10 | | murder, after having been previously convicted of domestic |
11 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
12 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
13 | | having been previously convicted of violation of an order |
14 | | of protection (720 ILCS 5/12-30) in which the same victim |
15 | | was the protected person. |
16 | | (2) When a defendant is convicted of voluntary |
17 | | manslaughter, second degree murder, involuntary |
18 | | manslaughter, or reckless homicide in which the defendant |
19 | | has been convicted of causing the death of more than one |
20 | | individual. |
21 | | (3) When a defendant is convicted of aggravated |
22 | | criminal sexual assault or criminal sexual assault, when |
23 | | there is a finding that aggravated criminal sexual assault |
24 | | or criminal sexual assault was also committed on the same |
25 | | victim by one or more other individuals, and the defendant |
26 | | voluntarily participated in the crime with the knowledge |
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1 | | of the participation of the others in the crime, and the |
2 | | commission of the crime was part of a single course of |
3 | | conduct during which there was no substantial change in |
4 | | the nature of the criminal objective. |
5 | | (4) If the victim was under 18 years of age at the time |
6 | | of the commission of the offense, when a defendant is |
7 | | convicted of aggravated criminal sexual assault or |
8 | | predatory criminal sexual assault of a child under |
9 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
10 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
12 | | (5) When a defendant is convicted of a felony |
13 | | violation of Section 24-1 of the Criminal Code of 1961 or |
14 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
15 | | finding that the defendant is a member of an organized |
16 | | gang. |
17 | | (6) When a defendant was convicted of unlawful use of |
18 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
20 | | a weapon that is not readily distinguishable as one of the |
21 | | weapons enumerated in Section 24-1 of the Criminal Code of |
22 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
23 | | (7) When a defendant is convicted of an offense |
24 | | involving the illegal manufacture of a controlled |
25 | | substance under Section 401 of the Illinois Controlled |
26 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
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1 | | of methamphetamine under Section 25 of the Methamphetamine |
2 | | Control and Community Protection Act (720 ILCS 646/25), or |
3 | | the illegal possession of explosives and an emergency |
4 | | response officer in the performance of his or her duties |
5 | | is killed or injured at the scene of the offense while |
6 | | responding to the emergency caused by the commission of |
7 | | the offense. In this paragraph, "emergency" means a |
8 | | situation in which a person's life, health, or safety is |
9 | | in jeopardy; and "emergency response officer" means a |
10 | | peace officer, community policing volunteer, fireman, |
11 | | emergency medical technician-ambulance, emergency medical |
12 | | technician-intermediate, emergency medical |
13 | | technician-paramedic, ambulance driver, other medical |
14 | | assistance or first aid personnel, or hospital emergency |
15 | | room personnel.
|
16 | | (8) When the defendant is convicted of attempted mob |
17 | | action, solicitation to commit mob action, or conspiracy |
18 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
19 | | Criminal Code of 2012, where the criminal object is a |
20 | | violation of Section 25-1 of the Criminal Code of 2012, |
21 | | and an electronic communication is used in the commission |
22 | | of the offense. For the purposes of this paragraph (8), |
23 | | "electronic communication" shall have the meaning provided |
24 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
25 | | (d) For the purposes of this Section, "organized gang" has |
26 | | the meaning
ascribed to it in Section 10 of the Illinois |
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1 | | Streetgang Terrorism Omnibus
Prevention Act.
|
2 | | (e) The court may impose an extended term sentence under |
3 | | Article 4.5 of Chapter V upon an offender who has been |
4 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
5 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
6 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
7 | | when the victim of the offense is under 18 years of age at the |
8 | | time of the commission of the offense and, during the |
9 | | commission of the offense, the victim was under the influence |
10 | | of alcohol, regardless of whether or not the alcohol was |
11 | | supplied by the offender; and the offender, at the time of the |
12 | | commission of the offense, knew or should have known that the |
13 | | victim had consumed alcohol. |
14 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
15 | | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. |
16 | | 8-20-21; 102-982, eff. 7-1-23 .) |
17 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
18 | | Sec. 5-6-3. Conditions of probation and of conditional |
19 | | discharge.
|
20 | | (a) The conditions of probation and of conditional |
21 | | discharge shall be
that the person:
|
22 | | (1) not violate any criminal statute of any |
23 | | jurisdiction;
|
24 | | (2) report to or appear in person before such person |
25 | | or agency as
directed by the court;
|
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1 | | (3) refrain from possessing a firearm or other |
2 | | dangerous weapon where the offense is a felony or, if a |
3 | | misdemeanor, the offense involved the intentional or |
4 | | knowing infliction of bodily harm or threat of bodily |
5 | | harm;
|
6 | | (4) not leave the State without the consent of the |
7 | | court or, in
circumstances in which the reason for the |
8 | | absence is of such an emergency
nature that prior consent |
9 | | by the court is not possible, without the prior
|
10 | | notification and approval of the person's probation
|
11 | | officer. Transfer of a person's probation or conditional |
12 | | discharge
supervision to another state is subject to |
13 | | acceptance by the other state
pursuant to the Interstate |
14 | | Compact for Adult Offender Supervision;
|
15 | | (5) permit the probation officer to visit
him at his |
16 | | home or elsewhere
to the extent necessary to discharge his |
17 | | duties;
|
18 | | (6) perform no less than 30 hours of community service |
19 | | and not more than
120 hours of community service, if |
20 | | community service is available in the
jurisdiction and is |
21 | | funded and approved by the county board where the offense
|
22 | | was committed, where the offense was related to or in |
23 | | furtherance of the
criminal activities of an organized |
24 | | gang and was motivated by the offender's
membership in or |
25 | | allegiance to an organized gang. The community service |
26 | | shall
include, but not be limited to, the cleanup and |
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1 | | repair of any damage caused by
a violation of Section |
2 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
3 | | 2012 and similar damage
to property located within the |
4 | | municipality or county in which the violation
occurred. |
5 | | When possible and reasonable, the community service should |
6 | | be
performed in the offender's neighborhood. For purposes |
7 | | of this Section,
"organized gang" has the meaning ascribed |
8 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
9 | | Omnibus Prevention Act. The court may give credit toward |
10 | | the fulfillment of community service hours for |
11 | | participation in activities and treatment as determined by |
12 | | court services;
|
13 | | (7) if he or she is at least 17 years of age and has |
14 | | been sentenced to
probation or conditional discharge for a |
15 | | misdemeanor or felony in a county of
3,000,000 or more |
16 | | inhabitants and has not been previously convicted of a
|
17 | | misdemeanor or felony, may be required by the sentencing |
18 | | court to attend
educational courses designed to prepare |
19 | | the defendant for a high school diploma
and to work toward |
20 | | a high school diploma or to work toward passing high |
21 | | school equivalency testing or to work toward
completing a |
22 | | vocational training program approved by the court. The |
23 | | person on
probation or conditional discharge must attend a |
24 | | public institution of
education to obtain the educational |
25 | | or vocational training required by this paragraph
(7). The |
26 | | court shall revoke the probation or conditional discharge |
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1 | | of a
person who willfully fails to comply with this |
2 | | paragraph (7). The person on
probation or conditional |
3 | | discharge shall be required to pay for the cost of the
|
4 | | educational courses or high school equivalency testing if |
5 | | a fee is charged for those courses or testing. The court |
6 | | shall resentence the offender whose probation or |
7 | | conditional
discharge has been revoked as provided in |
8 | | Section 5-6-4. This paragraph (7) does
not apply to a |
9 | | person who has a high school diploma or has successfully |
10 | | passed high school equivalency testing. This paragraph (7) |
11 | | does not apply to a person who is determined by
the court |
12 | | to be a person with a developmental disability or |
13 | | otherwise mentally incapable of
completing the educational |
14 | | or vocational program;
|
15 | | (8) if convicted of possession of a substance |
16 | | prohibited
by the Cannabis Control Act, the Illinois |
17 | | Controlled Substances Act, or the Methamphetamine Control |
18 | | and Community Protection Act
after a previous conviction |
19 | | or disposition of supervision for possession of a
|
20 | | substance prohibited by the Cannabis Control Act or |
21 | | Illinois Controlled
Substances Act or after a sentence of |
22 | | probation under Section 10 of the
Cannabis
Control Act, |
23 | | Section 410 of the Illinois Controlled Substances Act, or |
24 | | Section 70 of the Methamphetamine Control and Community |
25 | | Protection Act and upon a
finding by the court that the |
26 | | person is addicted, undergo treatment at a
substance abuse |
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1 | | program approved by the court;
|
2 | | (8.5) if convicted of a felony sex offense as defined |
3 | | in the Sex
Offender
Management Board Act, the person shall |
4 | | undergo and successfully complete sex
offender treatment |
5 | | by a treatment provider approved by the Board and |
6 | | conducted
in conformance with the standards developed |
7 | | under the Sex
Offender Management Board Act;
|
8 | | (8.6) if convicted of a sex offense as defined in the |
9 | | Sex Offender Management Board Act, refrain from residing |
10 | | at the same address or in the same condominium unit or |
11 | | apartment unit or in the same condominium complex or |
12 | | apartment complex with another person he or she knows or |
13 | | reasonably should know is a convicted sex offender or has |
14 | | been placed on supervision for a sex offense; the |
15 | | provisions of this paragraph do not apply to a person |
16 | | convicted of a sex offense who is placed in a Department of |
17 | | Corrections licensed transitional housing facility for sex |
18 | | offenders; |
19 | | (8.7) if convicted for an offense committed on or |
20 | | after June 1, 2008 (the effective date of Public Act |
21 | | 95-464) that would qualify the accused as a child sex |
22 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
23 | | Criminal Code of 1961 or the Criminal Code of 2012, |
24 | | refrain from communicating with or contacting, by means of |
25 | | the Internet, a person who is not related to the accused |
26 | | and whom the accused reasonably believes to be under 18 |
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1 | | years of age; for purposes of this paragraph (8.7), |
2 | | "Internet" has the meaning ascribed to it in Section |
3 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
4 | | related to the accused if the person is not: (i) the |
5 | | spouse, brother, or sister of the accused; (ii) a |
6 | | descendant of the accused; (iii) a first or second cousin |
7 | | of the accused; or (iv) a step-child or adopted child of |
8 | | the accused; |
9 | | (8.8) if convicted for an offense under Section 11-6, |
10 | | 11-9.1, 11-14.4 that involves soliciting for a sexually |
11 | | exploited child juvenile prostitute , 11-15.1, 11-20.1, |
12 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
13 | | or the Criminal Code of 2012, or any attempt to commit any |
14 | | of these offenses, committed on or after June 1, 2009 (the |
15 | | effective date of Public Act 95-983): |
16 | | (i) not access or use a computer or any other |
17 | | device with Internet capability without the prior |
18 | | written approval of the offender's probation officer, |
19 | | except in connection with the offender's employment or |
20 | | search for employment with the prior approval of the |
21 | | offender's probation officer; |
22 | | (ii) submit to periodic unannounced examinations |
23 | | of the offender's computer or any other device with |
24 | | Internet capability by the offender's probation |
25 | | officer, a law enforcement officer, or assigned |
26 | | computer or information technology specialist, |
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1 | | including the retrieval and copying of all data from |
2 | | the computer or device and any internal or external |
3 | | peripherals and removal of such information, |
4 | | equipment, or device to conduct a more thorough |
5 | | inspection; |
6 | | (iii) submit to the installation on the offender's |
7 | | computer or device with Internet capability, at the |
8 | | offender's expense, of one or more hardware or |
9 | | software systems to monitor the Internet use; and |
10 | | (iv) submit to any other appropriate restrictions |
11 | | concerning the offender's use of or access to a |
12 | | computer or any other device with Internet capability |
13 | | imposed by the offender's probation officer; |
14 | | (8.9) if convicted of a sex offense as defined in the |
15 | | Sex Offender
Registration Act committed on or after |
16 | | January 1, 2010 (the effective date of Public Act 96-262), |
17 | | refrain from accessing or using a social networking |
18 | | website as defined in Section 17-0.5 of the Criminal Code |
19 | | of 2012;
|
20 | | (9) if convicted of a felony or of any misdemeanor |
21 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
22 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
23 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
24 | | the Code of Criminal Procedure of 1963, to trigger the |
25 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
26 | | at a time and place
designated by the court, his or her |
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1 | | Firearm
Owner's Identification Card and
any and all |
2 | | firearms in
his or her possession. The Court shall return |
3 | | to the Illinois State Police Firearm Owner's |
4 | | Identification Card Office the person's Firearm Owner's |
5 | | Identification Card;
|
6 | | (10) if convicted of a sex offense as defined in |
7 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
8 | | offender is a parent or guardian of the person under 18 |
9 | | years of age present in the home and no non-familial |
10 | | minors are present, not participate in a holiday event |
11 | | involving children under 18 years of age, such as |
12 | | distributing candy or other items to children on |
13 | | Halloween, wearing a Santa Claus costume on or preceding |
14 | | Christmas, being employed as a department store Santa |
15 | | Claus, or wearing an Easter Bunny costume on or preceding |
16 | | Easter; |
17 | | (11) if convicted of a sex offense as defined in |
18 | | Section 2 of the Sex Offender Registration Act committed |
19 | | on or after January 1, 2010 (the effective date of Public |
20 | | Act 96-362) that requires the person to register as a sex |
21 | | offender under that Act, may not knowingly use any |
22 | | computer scrub software on any computer that the sex |
23 | | offender uses; |
24 | | (12) if convicted of a violation of the |
25 | | Methamphetamine Control and Community Protection Act, the |
26 | | Methamphetamine
Precursor Control Act, or a |
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1 | | methamphetamine related 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 | | (b) The Court may in addition to other reasonable |
17 | | conditions relating to the
nature of the offense or the |
18 | | rehabilitation of the defendant as determined for
each |
19 | | defendant in the proper discretion of the Court require that |
20 | | the person:
|
21 | | (1) serve a term of periodic imprisonment under |
22 | | Article 7 for a
period not to exceed that specified in |
23 | | paragraph (d) of Section 5-7-1;
|
24 | | (2) pay a fine and costs;
|
25 | | (3) work or pursue a course of study or vocational |
26 | | training;
|
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1 | | (4) undergo medical, psychological or psychiatric |
2 | | treatment; or treatment
for drug addiction or alcoholism;
|
3 | | (5) attend or reside in a facility established for the |
4 | | instruction
or residence of defendants on probation;
|
5 | | (6) support his dependents;
|
6 | | (7) and in addition, if a minor:
|
7 | | (i) reside with his parents or in a foster home;
|
8 | | (ii) attend school;
|
9 | | (iii) attend a non-residential program for youth;
|
10 | | (iv) contribute to his own support at home or in a |
11 | | foster home;
|
12 | | (v) with the consent of the superintendent of the
|
13 | | facility, attend an educational program at a facility |
14 | | other than the school
in which the
offense was |
15 | | committed if he
or she is convicted of a crime of |
16 | | violence as
defined in
Section 2 of the Crime Victims |
17 | | Compensation Act committed in a school, on the
real
|
18 | | property
comprising a school, or within 1,000 feet of |
19 | | the real property comprising a
school;
|
20 | | (8) make restitution as provided in Section 5-5-6 of |
21 | | this Code;
|
22 | | (9) perform some reasonable public or community |
23 | | service;
|
24 | | (10) serve a term of home confinement. In addition to |
25 | | any other
applicable condition of probation or conditional |
26 | | discharge, the
conditions of home confinement shall be |
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1 | | that the offender:
|
2 | | (i) remain within the interior premises of the |
3 | | place designated for
his confinement during the hours |
4 | | designated by the court;
|
5 | | (ii) admit any person or agent designated by the |
6 | | court into the
offender's place of confinement at any |
7 | | time for purposes of verifying
the offender's |
8 | | compliance with the conditions of his confinement; and
|
9 | | (iii) if further deemed necessary by the court or |
10 | | the
Probation or
Court Services Department, be placed |
11 | | on an approved
electronic monitoring device, subject |
12 | | to Article 8A of Chapter V;
|
13 | | (iv) for persons convicted of any alcohol, |
14 | | cannabis or controlled
substance violation who are |
15 | | placed on an approved monitoring device as a
condition |
16 | | of probation or conditional discharge, the court shall |
17 | | impose a
reasonable fee for each day of the use of the |
18 | | device, as established by the
county board in |
19 | | subsection (g) of this Section, unless after |
20 | | determining the
inability of the offender to pay the |
21 | | fee, the court assesses a lesser fee or no
fee as the |
22 | | case may be. This fee shall be imposed in addition to |
23 | | the fees
imposed under subsections (g) and (i) of this |
24 | | Section. The fee shall be
collected by the clerk of the |
25 | | circuit court, except as provided in an administrative |
26 | | order of the Chief Judge of the circuit court. The |
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1 | | clerk of the circuit
court shall pay all monies |
2 | | collected from this fee to the county treasurer
for |
3 | | deposit in the substance abuse services fund under |
4 | | Section 5-1086.1 of
the Counties Code, except as |
5 | | provided in an administrative order of the Chief Judge |
6 | | of the circuit court. |
7 | | The Chief Judge of the circuit court of the county |
8 | | may by administrative order establish a program for |
9 | | electronic monitoring of offenders, in which a vendor |
10 | | supplies and monitors the operation of the electronic |
11 | | monitoring device, and collects the fees on behalf of |
12 | | the county. The program shall include provisions for |
13 | | indigent offenders and the collection of unpaid fees. |
14 | | The program shall not unduly burden the offender and |
15 | | shall be subject to review by the Chief Judge. |
16 | | The Chief Judge of the circuit court may suspend |
17 | | any additional charges or fees for late payment, |
18 | | interest, or damage to any device; and
|
19 | | (v) for persons convicted of offenses other than |
20 | | those referenced in
clause (iv) above and who are |
21 | | placed on an approved monitoring device as a
condition |
22 | | of probation or conditional discharge, the court shall |
23 | | impose
a reasonable fee for each day of the use of the |
24 | | device, as established by the
county board in |
25 | | subsection (g) of this Section, unless after |
26 | | determining the
inability of the defendant to pay the |
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1 | | fee, the court assesses a lesser fee or
no fee as the |
2 | | case may be. This fee shall be imposed in addition to |
3 | | the fees
imposed under subsections (g) and (i) of this |
4 | | Section. The fee
shall be collected by the clerk of the |
5 | | circuit court, except as provided in an administrative |
6 | | order of the Chief Judge of the circuit court. The |
7 | | clerk of the circuit
court shall pay all monies |
8 | | collected from this fee
to the county treasurer who |
9 | | shall use the monies collected to defray the
costs of |
10 | | corrections. The county treasurer shall deposit the |
11 | | fee
collected in the probation and court services |
12 | | fund.
The Chief Judge of the circuit court of the |
13 | | county may by administrative order establish a program |
14 | | for electronic monitoring of offenders, in which a |
15 | | vendor supplies and monitors the operation of the |
16 | | electronic monitoring device, and collects the fees on |
17 | | behalf of the county. The program shall include |
18 | | provisions for indigent offenders and the collection |
19 | | of unpaid fees. The program shall not unduly burden |
20 | | the offender and shall be subject to review by the |
21 | | 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 |
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1 | | Domestic Violence Act of 1986,
as now or hereafter |
2 | | amended, or an order of protection issued by the court of
|
3 | | another state, tribe, or United States territory. A copy |
4 | | of the order of
protection shall be
transmitted to the |
5 | | probation officer or agency
having responsibility for the |
6 | | case;
|
7 | | (12) reimburse any "local anti-crime program" as |
8 | | defined in Section 7
of the Anti-Crime Advisory Council |
9 | | Act for any reasonable expenses incurred
by the program on |
10 | | the offender's case, not to exceed the maximum amount of
|
11 | | the fine authorized for the offense for which the |
12 | | defendant was sentenced;
|
13 | | (13) contribute a reasonable sum of money, not to |
14 | | exceed the maximum
amount of the fine authorized for the
|
15 | | offense for which the defendant was sentenced, (i) to a |
16 | | "local anti-crime
program", as defined in Section 7 of the |
17 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
18 | | under the jurisdiction of the Department of Natural |
19 | | Resources, to the fund established by the Department of |
20 | | Natural Resources for the purchase of evidence for |
21 | | investigation purposes and to conduct investigations as |
22 | | outlined in Section 805-105 of the Department of Natural |
23 | | Resources (Conservation) Law;
|
24 | | (14) refrain from entering into a designated |
25 | | geographic area except upon
such terms as the court finds |
26 | | appropriate. Such terms may include
consideration of the |
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1 | | purpose of the entry, the time of day, other persons
|
2 | | accompanying the defendant, and advance approval by a
|
3 | | probation officer, if
the defendant has been placed on |
4 | | probation or advance approval by the
court, if the |
5 | | defendant was placed on conditional discharge;
|
6 | | (15) refrain from having any contact, directly or |
7 | | indirectly, with
certain specified persons or particular |
8 | | types of persons, including but not
limited to members of |
9 | | street gangs and drug users or dealers;
|
10 | | (16) refrain from having in his or her body the |
11 | | presence of any illicit
drug prohibited by the Cannabis |
12 | | Control Act, the Illinois Controlled
Substances Act, or |
13 | | the Methamphetamine Control and Community Protection Act, |
14 | | unless prescribed by a physician, and submit samples of
|
15 | | his or her blood or urine or both for tests to determine |
16 | | the presence of any
illicit drug;
|
17 | | (17) if convicted for an offense committed on or after |
18 | | June 1, 2008 (the effective date of Public Act 95-464) |
19 | | that would qualify the accused as a child sex offender as |
20 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
21 | | of 1961 or the Criminal Code of 2012, refrain from |
22 | | communicating with or contacting, by means of the |
23 | | Internet, a person who is related to the accused and whom |
24 | | the accused reasonably believes to be under 18 years of |
25 | | age; for purposes of this paragraph (17), "Internet" has |
26 | | the meaning ascribed to it in Section 16-0.1 of the |
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1 | | Criminal Code of 2012; and a person is related to the |
2 | | accused if the person is: (i) the spouse, brother, or |
3 | | sister of the accused; (ii) a descendant of the accused; |
4 | | (iii) a first or second cousin of the accused; or (iv) a |
5 | | step-child or adopted child of the accused; |
6 | | (18) if convicted for an offense committed on or after |
7 | | June 1, 2009 (the effective date of Public Act 95-983) |
8 | | that would qualify as a sex offense as defined in the Sex |
9 | | Offender Registration Act: |
10 | | (i) not access or use a computer or any other |
11 | | device with Internet capability without the prior |
12 | | written approval of the offender's probation officer, |
13 | | except in connection with the offender's employment or |
14 | | search for employment with the prior approval of the |
15 | | offender's probation officer; |
16 | | (ii) submit to periodic unannounced examinations |
17 | | of the offender's computer or any other device with |
18 | | Internet capability by the offender's probation |
19 | | officer, a law enforcement officer, or assigned |
20 | | computer or information technology specialist, |
21 | | including the retrieval and copying of all data from |
22 | | the computer or device and any internal or external |
23 | | peripherals and removal of such information, |
24 | | equipment, or device to conduct a more thorough |
25 | | inspection; |
26 | | (iii) submit to the installation on the offender's |
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1 | | computer or device with Internet capability, at the |
2 | | subject's expense, of one or more hardware or software |
3 | | systems to monitor the Internet use; and |
4 | | (iv) submit to any other appropriate restrictions |
5 | | concerning the offender's use of or access to a |
6 | | computer or any other device with Internet capability |
7 | | imposed by the offender's probation officer; and |
8 | | (19) refrain from possessing a firearm or other |
9 | | dangerous weapon where the offense is a misdemeanor that |
10 | | did not involve the intentional or knowing infliction of |
11 | | bodily harm or threat of bodily harm. |
12 | | (c) The court may as a condition of probation or of |
13 | | conditional
discharge require that a person under 18 years of |
14 | | age found guilty of any
alcohol, cannabis or controlled |
15 | | substance violation, refrain from acquiring
a driver's license |
16 | | during
the period of probation or conditional discharge. If |
17 | | such person
is in possession of a permit or license, the court |
18 | | may require that
the minor refrain from driving or operating |
19 | | any motor vehicle during the
period of probation or |
20 | | conditional discharge, except as may be necessary in
the |
21 | | course of the minor's lawful employment.
|
22 | | (d) An offender sentenced to probation or to conditional |
23 | | discharge
shall be given a certificate setting forth the |
24 | | conditions thereof.
|
25 | | (e) Except where the offender has committed a fourth or |
26 | | subsequent
violation of subsection (c) of Section 6-303 of the |
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1 | | Illinois Vehicle Code,
the court shall not require as a |
2 | | condition of the sentence of
probation or conditional |
3 | | discharge that the offender be committed to a
period of |
4 | | imprisonment in excess of 6 months.
This 6-month limit shall |
5 | | not include periods of confinement given pursuant to
a |
6 | | sentence of county impact incarceration under Section 5-8-1.2.
|
7 | | Persons committed to imprisonment as a condition of |
8 | | probation or
conditional discharge shall not be committed to |
9 | | the Department of
Corrections.
|
10 | | (f) The court may combine a sentence of periodic |
11 | | imprisonment under
Article 7 or a sentence to a county impact |
12 | | incarceration program under
Article 8 with a sentence of |
13 | | probation or conditional discharge.
|
14 | | (g) An offender sentenced to probation or to conditional |
15 | | discharge and
who during the term of either undergoes |
16 | | mandatory drug or alcohol testing,
or both, or is assigned to |
17 | | be placed on an approved electronic monitoring
device, shall |
18 | | be ordered to pay all costs incidental to such mandatory drug
|
19 | | or alcohol testing, or both, and all costs
incidental to such |
20 | | approved electronic monitoring in accordance with the
|
21 | | defendant's ability to pay those costs. The county board with
|
22 | | the concurrence of the Chief Judge of the judicial
circuit in |
23 | | which the county is located shall establish reasonable fees |
24 | | for
the cost of maintenance, testing, and incidental expenses |
25 | | related to the
mandatory drug or alcohol testing, or both, and |
26 | | all costs incidental to
approved electronic monitoring, |
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1 | | involved in a successful probation program
for the county. The |
2 | | concurrence of the Chief Judge shall be in the form of
an |
3 | | administrative order.
The fees shall be collected by the clerk |
4 | | of the circuit court, except as provided in an administrative |
5 | | order of the Chief Judge of the circuit court. The clerk of
the |
6 | | circuit court shall pay all moneys collected from these fees |
7 | | to the county
treasurer who shall use the moneys collected to |
8 | | defray the costs of
drug testing, alcohol testing, and |
9 | | electronic monitoring.
The county treasurer shall deposit the |
10 | | fees collected in the
county working cash fund under Section |
11 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
12 | | may be.
The Chief Judge of the circuit court of the county may |
13 | | by administrative order establish a program for electronic |
14 | | monitoring of offenders, in which a vendor supplies and |
15 | | monitors the operation of the electronic monitoring device, |
16 | | and collects the fees on behalf of the county. The program |
17 | | shall include provisions for indigent offenders and the |
18 | | collection of unpaid fees. The program shall not unduly burden |
19 | | the offender and shall be subject to review by the Chief Judge.
|
20 | | The Chief Judge of the circuit court may suspend any |
21 | | additional charges or fees for late payment, interest, or |
22 | | damage to any device. |
23 | | (h) Jurisdiction over an offender may be transferred from |
24 | | the
sentencing court to the court of another circuit with the |
25 | | concurrence of
both courts. Further transfers or retransfers |
26 | | of
jurisdiction are also
authorized in the same manner. The |
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1 | | court to which jurisdiction has been
transferred shall have |
2 | | the same powers as the sentencing court.
The probation |
3 | | department within the circuit to which jurisdiction has been |
4 | | transferred, or which has agreed to provide supervision, may |
5 | | impose probation fees upon receiving the transferred offender, |
6 | | as provided in subsection (i). For all transfer cases, as |
7 | | defined in Section 9b of the Probation and Probation Officers |
8 | | Act, the probation department from the original sentencing |
9 | | court shall retain all probation fees collected prior to the |
10 | | transfer. After the transfer,
all probation fees shall be paid |
11 | | to the probation department within the
circuit to which |
12 | | jurisdiction has been transferred.
|
13 | | (i) The court shall impose upon an offender
sentenced to |
14 | | probation after January 1, 1989 or to conditional discharge
|
15 | | after January 1, 1992 or to community service under the |
16 | | supervision of a
probation or court services department after |
17 | | January 1, 2004, as a condition of such probation or |
18 | | conditional
discharge or supervised community service, a fee |
19 | | of $50
for each month of probation or
conditional
discharge |
20 | | supervision or supervised community service ordered by the |
21 | | court, unless after
determining the inability of the person |
22 | | sentenced to probation or conditional
discharge or supervised |
23 | | community service to pay the
fee, the court assesses a lesser |
24 | | fee. The court may not impose the fee on a
minor who is placed |
25 | | in the guardianship or custody of the Department of Children |
26 | | and Family Services under the Juvenile Court Act of 1987
while |
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1 | | the minor is in placement.
The fee shall be imposed only upon
|
2 | | an offender who is actively supervised by the
probation and |
3 | | court services
department. The fee shall be collected by the |
4 | | clerk
of the circuit court. The clerk of the circuit court |
5 | | shall pay all monies
collected from this fee to the county |
6 | | treasurer for deposit in the
probation and court services fund |
7 | | under Section 15.1 of the
Probation and Probation Officers |
8 | | Act.
|
9 | | A circuit court may not impose a probation fee under this |
10 | | subsection (i) in excess of $25
per month unless the circuit |
11 | | court has adopted, by administrative
order issued by the chief |
12 | | judge, a standard probation fee guide
determining an |
13 | | offender's ability to pay. Of the
amount collected as a |
14 | | probation fee, up to $5 of that fee
collected per month may be |
15 | | used to provide services to crime victims
and their families. |
16 | | The Court may only waive probation fees based on an |
17 | | offender's ability to pay. The probation department may |
18 | | re-evaluate an offender's ability to pay every 6 months, and, |
19 | | with the approval of the Director of Court Services or the |
20 | | Chief Probation Officer, adjust the monthly fee amount. An |
21 | | offender may elect to pay probation fees due in a lump sum.
Any |
22 | | offender that has been assigned to the supervision of a |
23 | | probation department, or has been transferred either under |
24 | | subsection (h) of this Section or under any interstate |
25 | | compact, shall be required to pay probation fees to the |
26 | | department supervising the offender, based on the offender's |
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1 | | ability to pay.
|
2 | | Public Act 93-970 deletes the $10 increase in the fee |
3 | | under this subsection that was imposed by Public Act 93-616. |
4 | | This deletion is intended to control over any other Act of the |
5 | | 93rd General Assembly that retains or incorporates that fee |
6 | | increase. |
7 | | (i-5) In addition to the fees imposed under subsection (i) |
8 | | of this Section, in the case of an offender convicted of a |
9 | | felony sex offense (as defined in the Sex Offender Management |
10 | | Board Act) or an offense that the court or probation |
11 | | department has determined to be sexually motivated (as defined |
12 | | in the Sex Offender Management Board Act), the court or the |
13 | | probation department shall assess additional fees to pay for |
14 | | all costs of treatment, assessment, evaluation for risk and |
15 | | treatment, and monitoring the offender, based on that |
16 | | offender's ability to pay those costs either as they occur or |
17 | | under a payment plan. |
18 | | (j) All fines and costs imposed under this Section for any |
19 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
20 | | Code, or a similar
provision of a local ordinance, and any |
21 | | violation of the Child Passenger
Protection Act, or a similar |
22 | | provision of a local ordinance, shall be
collected and |
23 | | disbursed by the circuit clerk as provided under the Criminal |
24 | | and Traffic Assessment Act.
|
25 | | (k) Any offender who is sentenced to probation or |
26 | | conditional discharge for a felony sex offense as defined in |
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1 | | the Sex Offender Management Board Act or any offense that the |
2 | | court or probation department has determined to be sexually |
3 | | motivated as defined in the Sex Offender Management Board Act |
4 | | shall be required to refrain from any contact, directly or |
5 | | indirectly, with any persons specified by the court and shall |
6 | | be available for all evaluations and treatment programs |
7 | | required by the court or the probation department.
|
8 | | (l) The court may order an offender who is sentenced to |
9 | | probation or conditional
discharge for a violation of an order |
10 | | of protection be placed under electronic surveillance as |
11 | | provided in Section 5-8A-7 of this Code. |
12 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
13 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
14 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
|
15 | | (a) When a defendant is placed on supervision, the court |
16 | | shall enter
an order for supervision specifying the period of |
17 | | such supervision, and
shall defer further proceedings in the |
18 | | case until the conclusion of the
period.
|
19 | | (b) The period of supervision shall be reasonable under |
20 | | all of the
circumstances of the case, but may not be longer |
21 | | than 2 years, unless the
defendant has failed to pay the |
22 | | assessment required by Section 10.3 of the
Cannabis Control |
23 | | Act,
Section 411.2 of the Illinois Controlled
Substances Act, |
24 | | or Section 80 of the Methamphetamine Control and Community |
25 | | Protection Act, in which case the court may extend supervision |
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1 | | beyond 2 years.
Additionally, the court shall order the |
2 | | defendant to perform no less than 30
hours of community |
3 | | service and not more than 120 hours of community service, if
|
4 | | community service is available in the
jurisdiction and is |
5 | | funded and approved by the county board where the offense
was |
6 | | committed,
when the offense (1) was
related to or in |
7 | | furtherance of the criminal activities of an organized gang or
|
8 | | was motivated by the defendant's membership in or allegiance |
9 | | to an organized
gang; or (2) is a violation of any Section of |
10 | | Article 24 of the Criminal
Code of 1961 or the Criminal Code of |
11 | | 2012 where a disposition of supervision is not prohibited by |
12 | | Section
5-6-1 of this Code.
The
community service shall |
13 | | include, but not be limited to, the cleanup and repair
of any |
14 | | damage caused by violation of Section 21-1.3 of the Criminal |
15 | | Code of
1961 or the Criminal Code of 2012 and similar damages |
16 | | to property located within the municipality or county
in which |
17 | | the violation occurred. Where possible and reasonable, the |
18 | | community
service should be performed in the offender's |
19 | | neighborhood.
|
20 | | For the purposes of this
Section, "organized gang" has the |
21 | | meaning ascribed to it in Section 10 of the
Illinois |
22 | | Streetgang Terrorism Omnibus Prevention Act.
|
23 | | (c) The court may in addition to other reasonable |
24 | | conditions
relating to the nature of the offense or the |
25 | | rehabilitation of the
defendant as determined for each |
26 | | defendant in the proper discretion of
the court require that |
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1 | | the person:
|
2 | | (1) make a report to and appear in person before or |
3 | | participate with
the court or such courts, person, or |
4 | | social service agency as directed
by the court in the |
5 | | order of supervision;
|
6 | | (2) pay a fine and costs;
|
7 | | (3) work or pursue a course of study or vocational |
8 | | training;
|
9 | | (4) undergo medical, psychological or psychiatric |
10 | | treatment; or
treatment for drug addiction or alcoholism;
|
11 | | (5) attend or reside in a facility established for the |
12 | | instruction
or residence of defendants on probation;
|
13 | | (6) support his dependents;
|
14 | | (7) refrain from possessing a firearm or other |
15 | | dangerous weapon;
|
16 | | (8) and in addition, if a minor:
|
17 | | (i) reside with his parents or in a foster home;
|
18 | | (ii) attend school;
|
19 | | (iii) attend a non-residential program for youth;
|
20 | | (iv) contribute to his own support at home or in a |
21 | | foster home; or
|
22 | | (v) with the consent of the superintendent of the
|
23 | | facility, attend an educational program at a facility |
24 | | other than the school
in which the
offense was |
25 | | committed if he
or she is placed on supervision for a |
26 | | crime of violence as
defined in
Section 2 of the Crime |
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1 | | Victims Compensation Act committed in a school, on the
|
2 | | real
property
comprising a school, or within 1,000 |
3 | | feet of the real property comprising a
school;
|
4 | | (9) make restitution or reparation in an amount not to |
5 | | exceed actual
loss or damage to property and pecuniary |
6 | | loss or make restitution under Section
5-5-6 to a domestic |
7 | | violence shelter. The court shall
determine the amount and |
8 | | conditions of payment;
|
9 | | (10) perform some reasonable public or community |
10 | | service;
|
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 or
an order of protection |
14 | | issued by the court of another state, tribe, or United
|
15 | | States territory.
If the court has ordered the defendant |
16 | | to make a report and appear in
person under paragraph (1) |
17 | | of this subsection, a copy of the order of
protection |
18 | | shall be transmitted to the person or agency so designated
|
19 | | by the court;
|
20 | | (12) reimburse any "local anti-crime program" as |
21 | | defined in Section 7 of
the Anti-Crime Advisory Council |
22 | | Act for any reasonable expenses incurred by the
program on |
23 | | the offender's case, not to exceed the maximum amount of |
24 | | the
fine authorized for the offense for which the |
25 | | defendant was sentenced;
|
26 | | (13) contribute a reasonable sum of money, not to
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1 | | exceed the maximum amount of the fine authorized for the |
2 | | offense for which
the defendant was sentenced, (i) to a |
3 | | "local anti-crime program", as defined
in Section 7 of the |
4 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
5 | | under the jurisdiction of the Department of Natural |
6 | | Resources, to the fund established by the Department of |
7 | | Natural Resources for the purchase of evidence for |
8 | | investigation purposes and to conduct investigations as |
9 | | outlined in Section 805-105 of the Department of Natural |
10 | | Resources (Conservation) Law;
|
11 | | (14) refrain from entering into a designated |
12 | | geographic area except
upon such terms as the court finds |
13 | | appropriate. Such terms may include
consideration of the |
14 | | purpose of the entry, the time of day, other persons
|
15 | | accompanying the defendant, and advance approval by a |
16 | | probation officer;
|
17 | | (15) refrain from having any contact, directly or |
18 | | indirectly, with
certain specified persons or particular |
19 | | types of person, including but not
limited to members of |
20 | | street gangs and drug users or dealers;
|
21 | | (16) refrain from having in his or her body the |
22 | | presence of any illicit
drug prohibited by the Cannabis |
23 | | Control Act, the Illinois Controlled
Substances Act, or |
24 | | the Methamphetamine Control and Community Protection Act, |
25 | | unless prescribed by a physician, and submit samples of
|
26 | | his or her blood or urine or both for tests to determine |
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1 | | the presence of any
illicit drug;
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2 | | (17) refrain from operating any motor vehicle not |
3 | | equipped with an
ignition interlock device as defined in |
4 | | Section 1-129.1 of the Illinois
Vehicle Code; under this |
5 | | condition the court may allow a defendant who is not
|
6 | | self-employed to operate a vehicle owned by the |
7 | | defendant's employer that is
not equipped with an ignition |
8 | | interlock device in the course and scope of the
|
9 | | defendant's employment; and
|
10 | | (18) if placed on supervision for a sex offense as |
11 | | defined in subsection (a-5) of Section 3-1-2 of this Code, |
12 | | unless the offender is a parent or guardian of the person |
13 | | under 18 years of age present in the home and no |
14 | | non-familial minors are present, not participate in a |
15 | | holiday event involving
children
under 18 years of age, |
16 | | such as distributing candy or other items to children on
|
17 | | Halloween,
wearing a Santa Claus costume on or preceding |
18 | | Christmas, being employed as a
department store Santa |
19 | | Claus, or wearing an Easter Bunny costume on or
preceding
|
20 | | Easter. |
21 | | (c-5) If payment of restitution as ordered has not been |
22 | | made, the victim shall file a
petition notifying the |
23 | | sentencing court, any other person to whom restitution is |
24 | | owed, and
the State's Attorney of the status of the ordered |
25 | | restitution payments unpaid at least 90
days before the |
26 | | supervision expiration date. If payment as ordered has not |
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1 | | been made, the
court shall hold a review hearing prior to the |
2 | | expiration date, unless the hearing
is voluntarily waived by |
3 | | the defendant with the knowledge that waiver may result in an
|
4 | | extension of the supervision period or in a revocation of |
5 | | supervision. If the court does not
extend supervision, it |
6 | | shall issue a judgment for the unpaid restitution and direct |
7 | | the clerk
of the circuit court to file and enter the judgment |
8 | | in the judgment and lien docket, without
fee, unless it finds |
9 | | that the victim has recovered a judgment against the
defendant |
10 | | for the amount covered by the restitution order. If the court |
11 | | issues a
judgment for the unpaid restitution, the court shall |
12 | | send to the defendant at his or her last known
address written |
13 | | notification that a civil judgment has been issued for the |
14 | | unpaid
restitution. |
15 | | (d) The court shall defer entering any judgment on the |
16 | | charges
until the conclusion of the supervision.
|
17 | | (e) At the conclusion of the period of supervision, if the |
18 | | court
determines that the defendant has successfully complied |
19 | | with all of the
conditions of supervision, the court shall |
20 | | discharge the defendant and
enter a judgment dismissing the |
21 | | charges.
|
22 | | (f) Discharge and dismissal upon a successful conclusion |
23 | | of a
disposition of supervision shall be deemed without |
24 | | adjudication of guilt
and shall not be termed a conviction for |
25 | | purposes of disqualification or
disabilities imposed by law |
26 | | upon conviction of a crime. Two years after the
discharge and |
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1 | | dismissal under this Section, unless the disposition of
|
2 | | supervision was for a violation of Sections 3-707, 3-708, |
3 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
4 | | similar
provision of a local ordinance, or for a violation of |
5 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012, in which case it shall be 5
years |
7 | | after discharge and dismissal, a person may have his record
of |
8 | | arrest sealed or expunged as may be provided by law. However, |
9 | | any
defendant placed on supervision before January 1, 1980, |
10 | | may move for
sealing or expungement of his arrest record, as |
11 | | provided by law, at any
time after discharge and dismissal |
12 | | under this Section.
A person placed on supervision for a |
13 | | sexual offense committed against a minor
as defined in clause |
14 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
15 | | for a violation of Section 11-501 of the Illinois Vehicle Code |
16 | | or a
similar provision of a local ordinance
shall not have his |
17 | | or her record of arrest sealed or expunged.
|
18 | | (g) A defendant placed on supervision and who during the |
19 | | period of
supervision undergoes mandatory drug or alcohol |
20 | | testing, or both, or is
assigned to be placed on an approved |
21 | | electronic monitoring device, shall be
ordered to pay the |
22 | | costs incidental to such mandatory drug or alcohol
testing, or |
23 | | both, and costs incidental to such approved electronic
|
24 | | monitoring in accordance with the defendant's ability to pay |
25 | | those costs.
The county board with the concurrence of the |
26 | | Chief Judge of the judicial
circuit in which the county is |
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1 | | located shall establish reasonable fees for
the cost of |
2 | | maintenance, testing, and incidental expenses related to the
|
3 | | mandatory drug or alcohol testing, or both, and all costs |
4 | | incidental to
approved electronic monitoring, of all |
5 | | defendants placed on supervision.
The concurrence of the Chief |
6 | | Judge shall be in the form of an
administrative order.
The fees |
7 | | shall be collected by the clerk of the circuit court, except as |
8 | | provided in an administrative order of the Chief Judge of the |
9 | | circuit court. The clerk of
the circuit court shall pay all |
10 | | moneys collected from these fees to the county
treasurer who |
11 | | shall use the moneys collected to defray the costs of
drug |
12 | | testing, alcohol testing, and electronic monitoring.
The |
13 | | county treasurer shall deposit the fees collected in the
|
14 | | county working cash fund under Section 6-27001 or Section |
15 | | 6-29002 of the
Counties Code, as the case may be.
|
16 | | The Chief Judge of the circuit court of the county may by |
17 | | administrative order establish a program for electronic |
18 | | monitoring of offenders, in which a vendor supplies and |
19 | | monitors the operation of the electronic monitoring device, |
20 | | and collects the fees on behalf of the county. The program |
21 | | shall include provisions for indigent offenders and the |
22 | | collection of unpaid fees. The program shall not unduly burden |
23 | | the offender and shall be subject to review by the Chief Judge. |
24 | | The Chief Judge of the circuit court may suspend any |
25 | | additional charges or fees for late payment, interest, or |
26 | | damage to any device. |
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1 | | (h) A disposition of supervision is a final order for the |
2 | | purposes
of appeal.
|
3 | | (i) The court shall impose upon a defendant placed on |
4 | | supervision
after January 1, 1992 or to community service |
5 | | under the supervision of a
probation or court services |
6 | | department after January 1, 2004, as a condition
of |
7 | | supervision or supervised community service, a fee of $50 for
|
8 | | each month of supervision or supervised community service |
9 | | ordered by the
court, unless after
determining the inability |
10 | | of the person placed on supervision or supervised
community |
11 | | service to pay the
fee, the court assesses a lesser fee. The |
12 | | court may not impose the fee on a
minor who is placed in the |
13 | | guardianship or custody of the Department of Children and |
14 | | Family Services under the Juvenile Court Act of 1987
while the |
15 | | minor is in placement.
The fee shall be imposed only upon a
|
16 | | defendant who is actively supervised by the
probation and |
17 | | court services
department. The fee shall be collected by the |
18 | | clerk of the circuit court.
The clerk of the circuit court |
19 | | shall pay all monies collected from this fee
to the county |
20 | | treasurer for deposit in the probation and court services
fund |
21 | | pursuant to Section 15.1 of the Probation and
Probation |
22 | | Officers Act.
|
23 | | A circuit court may not impose a probation fee in excess of |
24 | | $25
per month unless the circuit court has adopted, by |
25 | | administrative
order issued by the chief judge, a standard |
26 | | probation fee guide
determining an offender's ability to pay. |
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1 | | Of the
amount collected as a probation fee, not to exceed $5 of |
2 | | that fee
collected per month may be used to provide services to |
3 | | crime victims
and their families. |
4 | | The Court may only waive probation fees based on an |
5 | | offender's ability to pay. The probation department may |
6 | | re-evaluate an offender's ability to pay every 6 months, and, |
7 | | with the approval of the Director of Court Services or the |
8 | | Chief Probation Officer, adjust the monthly fee amount. An |
9 | | offender may elect to pay probation fees due in a lump sum.
Any |
10 | | offender that has been assigned to the supervision of a |
11 | | probation department, or has been transferred either under |
12 | | subsection (h) of this Section or under any interstate |
13 | | compact, shall be required to pay probation fees to the |
14 | | department supervising the offender, based on the offender's |
15 | | ability to pay.
|
16 | | (j) All fines and costs imposed under this Section for any
|
17 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
18 | | Code, or a
similar provision of a local ordinance, and any |
19 | | violation of the Child
Passenger Protection Act, or a similar |
20 | | provision of a local ordinance, shall
be collected and |
21 | | disbursed by the circuit clerk as provided under the Criminal |
22 | | and Traffic Assessment Act.
|
23 | | (k) A defendant at least 17 years of age who is placed on |
24 | | supervision
for a misdemeanor in a county of 3,000,000 or more |
25 | | inhabitants
and who has not been previously convicted of a |
26 | | misdemeanor or felony
may as a condition of his or her |
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1 | | supervision be required by the court to
attend educational |
2 | | courses designed to prepare the defendant for a high school
|
3 | | diploma and to work toward a high school diploma or to work |
4 | | toward passing high school equivalency testing or to work
|
5 | | toward completing a vocational training program approved by |
6 | | the court. The
defendant placed on supervision must attend a |
7 | | public institution of education
to obtain the educational or |
8 | | vocational training required by this subsection
(k). The |
9 | | defendant placed on supervision shall be required to pay for |
10 | | the cost
of the educational courses or high school equivalency |
11 | | testing if a fee is charged for those courses
or testing. The |
12 | | court shall revoke the supervision of a person who wilfully |
13 | | fails
to comply with this subsection (k). The court shall |
14 | | resentence the defendant
upon revocation of supervision as |
15 | | provided in Section 5-6-4. This subsection
(k) does not apply |
16 | | to a defendant who has a high school diploma or has
|
17 | | successfully passed high school equivalency testing. This |
18 | | subsection (k) does not apply to a
defendant who is determined |
19 | | by the court to be a person with a developmental disability or
|
20 | | otherwise mentally incapable of completing the
educational or |
21 | | vocational program.
|
22 | | (l) The court shall require a defendant placed on |
23 | | supervision for
possession of a substance
prohibited by the |
24 | | Cannabis Control Act, the Illinois Controlled Substances Act, |
25 | | or the Methamphetamine Control and Community Protection Act
|
26 | | after a previous conviction or disposition of supervision for |
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1 | | possession of a
substance prohibited by the Cannabis Control |
2 | | Act, the Illinois Controlled
Substances Act, or the |
3 | | Methamphetamine Control and Community Protection Act or a |
4 | | sentence of probation under Section 10 of the Cannabis
Control |
5 | | Act or Section 410 of the Illinois Controlled Substances Act
|
6 | | and after a finding by the court that the person is addicted, |
7 | | to undergo
treatment at a substance abuse program approved by |
8 | | the court.
|
9 | | (m) The Secretary of State shall require anyone placed on |
10 | | court supervision
for a
violation of Section 3-707 of the |
11 | | Illinois Vehicle Code or a similar provision
of a local |
12 | | ordinance
to give proof of his or her financial
responsibility |
13 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The |
14 | | proof shall be
maintained by the individual in a manner |
15 | | satisfactory to the Secretary of State
for
a
minimum period of |
16 | | 3 years after the date the proof is first filed.
The proof |
17 | | shall be limited to a single action per arrest and may not be
|
18 | | affected by any post-sentence disposition. The Secretary of |
19 | | State shall
suspend the driver's license of any person
|
20 | | determined by the Secretary to be in violation of this |
21 | | subsection. This subsection does not apply to a person who, at |
22 | | the time of the offense, was operating a motor vehicle |
23 | | registered in a state other than Illinois. |
24 | | (n) Any offender placed on supervision for any offense |
25 | | that the court or probation department has determined to be |
26 | | sexually motivated as defined in the Sex Offender Management |
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1 | | Board Act shall be required to refrain from any contact, |
2 | | directly or indirectly, with any persons specified by the |
3 | | court and shall be available for all evaluations and treatment |
4 | | programs required by the court or the probation department.
|
5 | | (o) An offender placed on supervision for a sex offense as |
6 | | defined in the Sex Offender
Management Board Act shall refrain |
7 | | from residing at the same address or in the same condominium |
8 | | unit or apartment unit or in the same condominium complex or |
9 | | apartment complex with another person he or she knows or |
10 | | reasonably should know is a convicted sex offender or has been |
11 | | placed on supervision for a sex offense. The provisions of |
12 | | this subsection (o) do not apply to a person convicted of a sex |
13 | | offense who is placed in a Department of Corrections licensed |
14 | | transitional housing facility for sex offenders. |
15 | | (p) An offender placed on supervision for an offense |
16 | | committed on or after June 1, 2008
(the effective date of |
17 | | Public Act 95-464)
that would qualify the accused as a child |
18 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
20 | | refrain from communicating with or contacting, by means of the |
21 | | Internet, a person who is not related to the accused and whom |
22 | | the accused reasonably believes to be under 18 years of age. |
23 | | For purposes of this subsection (p), "Internet" has the |
24 | | meaning ascribed to it in Section 16-0.1 of the Criminal Code |
25 | | of 2012; and a person is not related to the accused if the |
26 | | person is not: (i) the spouse, brother, or sister of the |
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1 | | accused; (ii) a descendant of the accused; (iii) a first or |
2 | | second cousin of the accused; or (iv) a step-child or adopted |
3 | | child of the accused.
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4 | | (q) An offender placed on supervision for an offense |
5 | | committed on or after June 1, 2008
(the effective date of |
6 | | Public Act 95-464)
that would qualify the accused as a child |
7 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
9 | | ordered by the court, refrain from communicating with or |
10 | | contacting, by means of the Internet, a person who is related |
11 | | to the accused and whom the accused reasonably believes to be |
12 | | under 18 years of age. For purposes of this subsection (q), |
13 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
14 | | the Criminal Code of 2012; and a person is related to the |
15 | | accused if the person is: (i) the spouse, brother, or sister of |
16 | | the accused; (ii) a descendant of the accused; (iii) a first or |
17 | | second cousin of the accused; or (iv) a step-child or adopted |
18 | | child of the accused.
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19 | | (r) An offender placed on supervision for an offense under |
20 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
21 | | sexually exploited child juvenile prostitute , 11-15.1, |
22 | | 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of |
23 | | 1961 or the Criminal Code of 2012, or any attempt to commit any |
24 | | of these offenses, committed on or after June 1, 2009 (the |
25 | | effective date of Public Act 95-983) shall: |
26 | | (i) not access or use a computer or any other device |
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1 | | with Internet capability without the prior written |
2 | | approval of the court, except in connection with the |
3 | | offender's employment or search for employment with the |
4 | | prior approval of the court; |
5 | | (ii) submit to periodic unannounced examinations of |
6 | | the offender's computer or any other device with Internet |
7 | | capability by the offender's probation officer, a law |
8 | | enforcement officer, or assigned computer or information |
9 | | technology specialist, including the retrieval and copying |
10 | | of all data from the computer or device and any internal or |
11 | | external peripherals and removal of such information, |
12 | | equipment, or device to conduct a more thorough |
13 | | inspection; |
14 | | (iii) submit to the installation on the offender's |
15 | | computer or device with Internet capability, at the |
16 | | offender's expense, of one or more hardware or software |
17 | | systems to monitor the Internet use; and |
18 | | (iv) submit to any other appropriate restrictions |
19 | | concerning the offender's use of or access to a computer |
20 | | or any other device with Internet capability imposed by |
21 | | the court. |
22 | | (s) An offender placed on supervision for an offense that |
23 | | is a sex offense as defined in Section 2 of the Sex Offender |
24 | | Registration Act that is committed on or after January 1, 2010 |
25 | | (the effective date of Public Act 96-362) that requires the |
26 | | person to register as a sex offender under that Act, may not |
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1 | | knowingly use any computer scrub software on any computer that |
2 | | the sex offender uses. |
3 | | (t) An offender placed on supervision for a sex offense as |
4 | | defined in the Sex Offender
Registration Act committed on or |
5 | | after January 1, 2010 (the effective date of Public Act |
6 | | 96-262) shall refrain from accessing or using a social |
7 | | networking website as defined in Section 17-0.5 of the |
8 | | Criminal Code of 2012. |
9 | | (u) Jurisdiction over an offender may be transferred from |
10 | | the sentencing court to the court of another circuit with the |
11 | | concurrence of both courts. Further transfers or retransfers |
12 | | of jurisdiction are also authorized in the same manner. The |
13 | | court to which jurisdiction has been transferred shall have |
14 | | the same powers as the sentencing court. The probation |
15 | | department within the circuit to which jurisdiction has been |
16 | | transferred may impose probation fees upon receiving the |
17 | | transferred offender, as provided in subsection (i). The |
18 | | probation department from the original sentencing court shall |
19 | | retain all probation fees collected prior to the transfer. |
20 | | (Source: P.A. 102-299, eff. 8-6-21.)
|
21 | | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
|
22 | | Sec. 5-9-1.7. Sexual assault fines.
|
23 | | (a) Definitions. The terms used in this Section shall have |
24 | | the following
meanings ascribed to them:
|
25 | | (1) "Sexual assault" means the commission or attempted |
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1 | | commission of
the following: sexual exploitation of a |
2 | | child, criminal sexual assault, predatory criminal sexual |
3 | | assault of
a child, aggravated criminal sexual assault,
|
4 | | criminal sexual abuse, aggravated criminal sexual abuse, |
5 | | indecent
solicitation of a child, public indecency, sexual |
6 | | relations within
families, promoting commercial sexual |
7 | | exploitation of a child juvenile prostitution , soliciting |
8 | | for a sexually exploited child juvenile prostitute , |
9 | | keeping a place of commercial sexual exploitation of a |
10 | | child juvenile
prostitution , patronizing a sexually |
11 | | exploited child juvenile prostitute , juvenile pimping,
|
12 | | exploitation of a child, obscenity, child pornography,
|
13 | | aggravated child pornography, harmful material,
or |
14 | | ritualized abuse of a child, as those offenses are defined |
15 | | in the Criminal Code of 1961 or the Criminal Code of 2012.
|
16 | | (2) (Blank).
|
17 | | (3) "Sexual assault organization" means any |
18 | | not-for-profit organization
providing comprehensive, |
19 | | community-based services to victims of sexual assault.
|
20 | | "Community-based services" include, but are not limited |
21 | | to, direct crisis
intervention through a 24-hour response, |
22 | | medical and legal advocacy,
counseling, information and |
23 | | referral services, training, and community
education.
|
24 | | (b) (Blank).
|
25 | | (c) Sexual Assault Services Fund; administration. There is |
26 | | created a
Sexual Assault Services Fund. Moneys deposited into |
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1 | | the Fund under Section 15-20 and 15-40 of the Criminal and |
2 | | Traffic Assessment Act shall be appropriated to the Department |
3 | | of Public Health. Upon
appropriation of moneys from the Sexual |
4 | | Assault Services Fund, the Department
of Public Health shall |
5 | | make grants of these moneys from the Fund to sexual
assault |
6 | | organizations with whom the Department has contracts for the |
7 | | purpose of
providing community-based services to victims of |
8 | | sexual assault. Grants made
under this Section are in addition |
9 | | to, and are not substitutes for, other
grants authorized and |
10 | | made by the Department.
|
11 | | (Source: P.A. 100-987, eff. 7-1-19 .)
|
12 | | (730 ILCS 5/5-9-1.21) |
13 | | Sec. 5-9-1.21. Specialized Services for Survivors of Human |
14 | | Trafficking Fund. |
15 | | (a) There is created in the State treasury a Specialized |
16 | | Services for Survivors of Human Trafficking Fund. Moneys |
17 | | deposited into the Fund under this Section shall be available |
18 | | for the Department of Human Services for the purposes in this |
19 | | Section. |
20 | | (b) (Blank). |
21 | | (c) (Blank). |
22 | | (d) Upon appropriation of moneys from the Specialized |
23 | | Services for Survivors of Human Trafficking Fund, the |
24 | | Department of Human Services shall use these moneys to make |
25 | | grants to non-governmental organizations to provide |
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1 | | specialized, trauma-informed services specifically designed to |
2 | | address the priority service needs associated with commercial |
3 | | sexual activity prostitution and human trafficking. Priority |
4 | | services include, but are not limited to, community based |
5 | | drop-in centers, emergency housing, and long-term safe homes. |
6 | | The Department shall consult with commercial sexual activity |
7 | | prostitution and human trafficking advocates, survivors, and |
8 | | service providers to identify priority service needs in their |
9 | | respective communities. |
10 | | (e) Grants made under this Section are in addition to, and |
11 | | not substitutes for, other grants authorized and made by the |
12 | | Department. |
13 | | (f) Notwithstanding any other law to the contrary, the |
14 | | Specialized Services for Survivors of Human Trafficking Fund |
15 | | is not subject to sweeps, administrative charge-backs, or any |
16 | | other fiscal maneuver that would in any way transfer any |
17 | | amounts from the Specialized Services for Survivors of Human |
18 | | Trafficking Fund into any other fund of the State.
|
19 | | (Source: P.A. 100-987, eff. 7-1-19 .) |
20 | | Section 80. The Sex Offender Registration Act is amended |
21 | | by changing Section 2 as follows:
|
22 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
|
23 | | Sec. 2. Definitions.
|
24 | | (A) As used in this Article, "sex offender" means any |
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1 | | person who is:
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2 | | (1) charged pursuant to Illinois law, or any |
3 | | substantially similar
federal, Uniform Code of Military |
4 | | Justice, sister state, or foreign country
law,
with a sex |
5 | | offense set forth
in subsection (B) of this Section or the |
6 | | attempt to commit an included sex
offense, and:
|
7 | | (a) is convicted of such offense or an attempt to |
8 | | commit such offense;
or
|
9 | | (b) is found not guilty by reason of insanity of |
10 | | such offense or an
attempt to commit such offense; or
|
11 | | (c) is found not guilty by reason of insanity |
12 | | pursuant to Section
104-25(c) of the Code of Criminal |
13 | | Procedure of 1963 of such offense or an
attempt to |
14 | | commit such offense; or
|
15 | | (d) is the subject of a finding not resulting in an |
16 | | acquittal at a
hearing conducted pursuant to Section |
17 | | 104-25(a) of the Code of Criminal
Procedure of 1963 |
18 | | for the alleged commission or attempted commission of |
19 | | such
offense; or
|
20 | | (e) is found not guilty by reason of insanity |
21 | | following a hearing
conducted pursuant to a federal, |
22 | | Uniform Code of Military Justice, sister
state, or |
23 | | foreign country law
substantially similar to Section |
24 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of |
25 | | such offense or of the attempted commission of such |
26 | | offense; or
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1 | | (f) is the subject of a finding not resulting in an |
2 | | acquittal at a
hearing conducted pursuant to a |
3 | | federal, Uniform Code of Military Justice,
sister |
4 | | state, or foreign country law
substantially similar to |
5 | | Section 104-25(a) of the Code of Criminal Procedure
of |
6 | | 1963 for the alleged violation or attempted commission |
7 | | of such offense;
or
|
8 | | (2) declared as a sexually dangerous person pursuant |
9 | | to the Illinois
Sexually Dangerous Persons Act, or any |
10 | | substantially similar federal, Uniform
Code of Military |
11 | | Justice, sister
state, or foreign country law; or
|
12 | | (3) subject to the provisions of Section 2 of the |
13 | | Interstate
Agreements on Sexually Dangerous Persons Act; |
14 | | or
|
15 | | (4) found to be a sexually violent person pursuant to |
16 | | the Sexually
Violent Persons Commitment Act or any |
17 | | substantially similar federal, Uniform
Code of Military |
18 | | Justice, sister
state, or foreign country law; or
|
19 | | (5) adjudicated a juvenile delinquent as the result of |
20 | | committing or
attempting to commit an act which, if |
21 | | committed by an adult, would constitute
any of the |
22 | | offenses specified in item (B), (C), or (C-5) of this |
23 | | Section or a
violation of any substantially similar |
24 | | federal, Uniform Code of Military
Justice, sister state, |
25 | | or foreign
country law, or found guilty under Article V of |
26 | | the Juvenile Court Act of 1987
of committing or attempting |
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1 | | to commit an act which, if committed by an adult,
would |
2 | | constitute any of the offenses specified in item (B), (C), |
3 | | or (C-5) of
this Section or a violation of any |
4 | | substantially similar federal, Uniform Code
of Military |
5 | | Justice, sister state,
or foreign country law.
|
6 | | Convictions that result from or are connected with the |
7 | | same act, or result
from offenses committed at the same time, |
8 | | shall be counted for the purpose of
this Article as one |
9 | | conviction. Any conviction set aside pursuant to law is
not a |
10 | | conviction for purposes of this Article.
|
11 | |
For purposes of this Section, "convicted" shall have the |
12 | | same meaning as
"adjudicated".
|
13 | | (B) As used in this Article, "sex offense" means:
|
14 | | (1) A violation of any of the following Sections of |
15 | | the Criminal Code of
1961 or the Criminal Code of 2012:
|
16 | | 11-20.1 (child pornography),
|
17 | | 11-20.1B or 11-20.3 (aggravated child |
18 | | pornography),
|
19 | | 11-6 (indecent solicitation of a child),
|
20 | | 11-9.1 (sexual exploitation of a child),
|
21 | | 11-9.2 (custodial sexual misconduct),
|
22 | | 11-9.5 (sexual misconduct with a person with a |
23 | | disability), |
24 | | 11-14.4 (promoting commercial sexual exploitation |
25 | | of a child juvenile prostitution ), |
26 | | 11-15.1 (soliciting for a sexually exploited child |
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1 | | juvenile prostitute ),
|
2 | | 11-18.1 (patronizing a sexually exploited child |
3 | | juvenile prostitute ),
|
4 | | 11-17.1 (keeping a place of commercial sexual |
5 | | exploitation of a child juvenile prostitution ),
|
6 | | 11-19.1 (juvenile pimping),
|
7 | | 11-19.2 (exploitation of a child),
|
8 | | 11-25 (grooming), |
9 | | 11-26 (traveling to meet a minor or traveling to |
10 | | meet a child), |
11 | | 11-1.20 or 12-13 (criminal sexual assault),
|
12 | | 11-1.30 or 12-14 (aggravated criminal sexual |
13 | | assault),
|
14 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
15 | | assault of a child),
|
16 | | 11-1.50 or 12-15 (criminal sexual abuse),
|
17 | | 11-1.60 or 12-16 (aggravated criminal sexual |
18 | | abuse),
|
19 | | 12-33 (ritualized abuse of a child).
|
20 | | An attempt to commit any of these offenses.
|
21 | | (1.5)
A violation of any of the following Sections of |
22 | | the
Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | when the victim is a person under 18 years of age, the
|
24 | | defendant is not a parent of the victim, the offense was |
25 | | sexually motivated as defined in Section 10 of the Sex |
26 | | Offender Evaluation and Treatment Act, and the offense was |
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1 | | committed on or
after January 1, 1996:
|
2 | | 10-1 (kidnapping),
|
3 | | 10-2 (aggravated kidnapping),
|
4 | | 10-3 (unlawful restraint),
|
5 | | 10-3.1 (aggravated unlawful restraint).
|
6 | | If the offense was committed before January 1, 1996, |
7 | | it is a sex offense requiring registration only when the |
8 | | person is convicted of any felony after July 1, 2011, and |
9 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
10 | | applies. |
11 | | (1.6)
First degree murder under Section 9-1 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012,
|
13 | | provided the offense was sexually motivated as defined in |
14 | | Section 10 of the Sex Offender Management Board Act.
|
15 | | (1.7) (Blank).
|
16 | | (1.8) A violation or attempted violation of Section |
17 | | 11-11 (sexual
relations within families) of the Criminal |
18 | | Code of 1961 or the Criminal Code of 2012, and the offense |
19 | | was committed on or after
June 1, 1997. If the offense was |
20 | | committed before June 1, 1997, it is a sex offense |
21 | | requiring registration only when the person is convicted |
22 | | of any felony after July 1, 2011, and paragraph (2.1) of |
23 | | subsection (c) of Section 3 of this Act applies.
|
24 | | (1.9) Child abduction under paragraph (10) of |
25 | | subsection
(b) of Section 10-5 of the Criminal Code of |
26 | | 1961 or the Criminal Code of 2012 committed by luring or
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1 | | attempting to lure a child under the age of 16 into a motor |
2 | | vehicle, building,
house trailer, or dwelling place |
3 | | without the consent of the parent or lawful
custodian of |
4 | | the child for other than a lawful purpose and the offense |
5 | | was
committed on or after January 1, 1998, provided the |
6 | | offense was sexually motivated as defined in Section 10 of |
7 | | the Sex Offender Management Board Act. If the offense was |
8 | | committed before January 1, 1998, it is a sex offense |
9 | | requiring registration only when the person is convicted |
10 | | of any felony after July 1, 2011, and paragraph (2.1) of |
11 | | subsection (c) of Section 3 of this Act applies.
|
12 | | (1.10) A violation or attempted violation of any of |
13 | | the following Sections
of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012 when the offense was committed on or |
15 | | after July
1, 1999:
|
16 | | 10-4 (forcible detention, if the victim is under |
17 | | 18 years of age), provided the offense was sexually |
18 | | motivated as defined in Section 10 of the Sex Offender |
19 | | Management Board Act,
|
20 | | 11-6.5 (indecent solicitation of an adult),
|
21 | | 11-14.3 that involves soliciting for a provider of |
22 | | commercial sexual activity prostitute , or 11-15 |
23 | | (soliciting for a provider of commercial sexual |
24 | | activity prostitute , if the victim is under 18 years
|
25 | | of age),
|
26 | | subdivision (a)(2)(A) or (a)(2)(B) of Section |
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1 | | 11-14.3, or Section 11-16 (pandering, if the victim is |
2 | | under 18 years of age),
|
3 | | 11-18 (patronizing a provider of commercial sexual |
4 | | activity prostitute , if the victim is under 18 years
|
5 | | of age),
|
6 | | subdivision (a)(2)(C) of Section 11-14.3, or |
7 | | Section 11-19 (pimping, if the victim is under 18 |
8 | | years of age).
|
9 | | If the offense was committed before July 1, 1999, it |
10 | | is a sex offense requiring registration only when the |
11 | | person is convicted of any felony after July 1, 2011, and |
12 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
13 | | applies. |
14 | | (1.11) A violation or attempted violation of any of |
15 | | the following
Sections of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012 when the offense was committed on or
|
17 | | after August 22, 2002:
|
18 | | 11-9 or 11-30 (public indecency for a third or |
19 | | subsequent conviction). |
20 | | If the third or subsequent conviction was imposed |
21 | | before August 22, 2002, it is a sex offense requiring |
22 | | registration only when the person is convicted of any |
23 | | felony after July 1, 2011, and paragraph (2.1) of |
24 | | subsection (c) of Section 3 of this Act applies.
|
25 | | (1.12) A violation or attempted violation of Section
|
26 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012 |
2 | | (permitting sexual abuse) when the
offense was committed |
3 | | on or after August 22, 2002. If the offense was committed |
4 | | before August 22, 2002, it is a sex offense requiring |
5 | | registration only when the person is convicted of any |
6 | | felony after July 1, 2011, and paragraph (2.1) of |
7 | | subsection (c) of Section 3 of this Act applies.
|
8 | | (2) A violation of any former law of this State |
9 | | substantially equivalent
to any offense listed in |
10 | | subsection (B) of this Section.
|
11 | | (C) A conviction for an offense of federal law, Uniform |
12 | | Code of Military
Justice, or the law of another state
or a |
13 | | foreign country that is substantially equivalent to any |
14 | | offense listed
in subsections (B), (C), (E), and (E-5) of this |
15 | | Section shall
constitute a
conviction for the purpose
of this |
16 | | Article. A finding or adjudication as a sexually dangerous |
17 | | person
or a sexually violent person under any federal law, |
18 | | Uniform Code of Military
Justice, or the law of another state |
19 | | or
foreign country that is substantially equivalent to the |
20 | | Sexually Dangerous
Persons Act or the Sexually Violent Persons |
21 | | Commitment Act shall constitute an
adjudication for the |
22 | | purposes of this Article.
|
23 | | (C-5) A person at least 17 years of age at the time of the |
24 | | commission of
the offense who is convicted of first degree |
25 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
26 | | Criminal Code of 2012, against a person
under 18 years of age, |
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1 | | shall be required to register
for natural life.
A conviction |
2 | | for an offense of federal, Uniform Code of Military Justice,
|
3 | | sister state, or foreign country law that is substantially |
4 | | equivalent to any
offense listed in subsection (C-5) of this |
5 | | Section shall constitute a
conviction for the purpose of this |
6 | | Article. This subsection (C-5) applies to a person who |
7 | | committed the offense before June 1, 1996 if: (i) the person is |
8 | | incarcerated in an Illinois Department of Corrections facility |
9 | | on August 20, 2004 (the effective date of Public Act 93-977), |
10 | | or (ii) subparagraph (i) does not apply and the person is |
11 | | convicted of any felony after July 1, 2011, and paragraph |
12 | | (2.1) of subsection (c) of Section 3 of this Act applies.
|
13 | | (C-6) A person who is convicted or adjudicated delinquent |
14 | | of first degree murder as defined in Section 9-1 of the |
15 | | Criminal Code of 1961 or the Criminal Code of 2012, against a |
16 | | person 18 years of age or over, shall be required to register |
17 | | for his or her natural life. A conviction for an offense of |
18 | | federal, Uniform Code of Military Justice, sister state, or |
19 | | foreign country law that is substantially equivalent to any |
20 | | offense listed in subsection (C-6) of this Section shall |
21 | | constitute a conviction for the purpose of this Article. This |
22 | | subsection (C-6) does not apply to those individuals released |
23 | | from incarceration more than 10 years prior to January 1, 2012 |
24 | | (the effective date of Public Act 97-154). |
25 | | (D) As used in this Article, "law enforcement agency |
26 | | having jurisdiction"
means the Chief of Police in each of the |
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1 | | municipalities in which the sex offender
expects to reside, |
2 | | work, or attend school (1) upon his or her discharge,
parole or |
3 | | release or
(2) during the service of his or her sentence of |
4 | | probation or conditional
discharge, or the Sheriff of the |
5 | | county, in the event no Police Chief exists
or if the offender |
6 | | intends to reside, work, or attend school in an
unincorporated |
7 | | area.
"Law enforcement agency having jurisdiction" includes |
8 | | the location where
out-of-state students attend school and |
9 | | where out-of-state employees are
employed or are otherwise |
10 | | required to register.
|
11 | | (D-1) As used in this Article, "supervising officer" means |
12 | | the assigned Illinois Department of Corrections parole agent |
13 | | or county probation officer. |
14 | | (E) As used in this Article, "sexual predator" means any |
15 | | person who,
after July 1, 1999, is:
|
16 | | (1) Convicted for an offense of federal, Uniform Code |
17 | | of Military
Justice, sister state, or foreign country law |
18 | | that is substantially equivalent
to any offense listed in |
19 | | subsection (E) or (E-5) of this Section shall constitute a
|
20 | | conviction for the purpose of this Article.
Convicted of a |
21 | | violation or attempted violation of any of the following
|
22 | | Sections of the
Criminal Code of 1961 or the Criminal Code |
23 | | of 2012:
|
24 | | 10-5.1 (luring of a minor), |
25 | | 11-14.4 that involves keeping a place of |
26 | | commercial sexual exploitation of a child juvenile |
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1 | | prostitution , or 11-17.1 (keeping a place of |
2 | | commercial sexual exploitation of a child juvenile |
3 | | prostitution ),
|
4 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
5 | | or Section 11-19.1 (juvenile pimping),
|
6 | | subdivision (a)(4) of Section 11-14.4, or Section |
7 | | 11-19.2 (exploitation of a child),
|
8 | | 11-20.1 (child pornography),
|
9 | | 11-20.1B or 11-20.3 (aggravated child |
10 | | pornography), |
11 | | 11-1.20 or 12-13 (criminal sexual assault),
|
12 | | 11-1.30 or 12-14 (aggravated criminal sexual |
13 | | assault),
|
14 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
15 | | assault of a child),
|
16 | | 11-1.60 or 12-16 (aggravated criminal sexual |
17 | | abuse),
|
18 | | 12-33 (ritualized abuse of a child);
|
19 | | (2) (blank);
|
20 | | (3) declared as a sexually dangerous person pursuant |
21 | | to the Sexually
Dangerous Persons Act or any substantially |
22 | | similar federal, Uniform Code of
Military Justice, sister |
23 | | state, or
foreign country law;
|
24 | | (4) found to be a sexually violent person pursuant to |
25 | | the Sexually Violent
Persons Commitment Act or any |
26 | | substantially similar federal, Uniform Code of
Military |
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1 | | Justice, sister state, or
foreign country law;
|
2 | | (5) convicted of a second or subsequent offense which |
3 | | requires
registration pursuant to this Act. For purposes |
4 | | of this paragraph
(5), "convicted" shall include a |
5 | | conviction under any
substantially similar
Illinois, |
6 | | federal, Uniform Code of Military Justice, sister state, |
7 | | or
foreign country law;
|
8 | | (6) (blank); or |
9 | | (7) if the person was convicted of an offense set |
10 | | forth in this subsection (E) on or before July 1, 1999, the |
11 | | person is a sexual predator for whom registration is |
12 | | required only when the person is convicted of a felony |
13 | | offense after July 1, 2011, and paragraph (2.1) of |
14 | | subsection (c) of Section 3 of this Act applies. |
15 | | (E-5) As used in this Article, "sexual predator" also |
16 | | means a person convicted of a violation or attempted violation |
17 | | of any of the following
Sections of the
Criminal Code of 1961 |
18 | | or the Criminal Code of 2012: |
19 | | (1) Section 9-1 (first degree murder,
when the victim |
20 | | was a person under 18 years of age and the defendant was at |
21 | | least
17 years of age at the time of the commission of the |
22 | | offense, provided the offense was sexually motivated as |
23 | | defined in Section 10 of the Sex Offender Management Board |
24 | | Act); |
25 | | (2) Section 11-9.5 (sexual misconduct with a person |
26 | | with a disability); |
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1 | | (3) when the victim is a person under 18 years of age, |
2 | | the
defendant is not a parent of the victim, the offense |
3 | | was sexually motivated as defined in Section 10 of the Sex |
4 | | Offender Management Board Act, and the offense was |
5 | | committed on or
after January 1, 1996: (A) Section 10-1 |
6 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), |
7 | | (C) Section 10-3 (unlawful restraint), and (D) Section |
8 | | 10-3.1 (aggravated unlawful restraint); and |
9 | | (4) Section 10-5(b)(10) (child abduction committed by |
10 | | luring or
attempting to lure a child under the age of 16 |
11 | | into a motor vehicle, building,
house trailer, or dwelling |
12 | | place without the consent of the parent or lawful
|
13 | | custodian of the child for other than a lawful purpose and |
14 | | the offense was
committed on or after January 1, 1998, |
15 | | provided the offense was sexually motivated as defined in |
16 | | Section 10 of the Sex Offender Management Board Act). |
17 | | (E-10) As used in this Article, "sexual predator" also |
18 | | means a person required to register in another State due to a |
19 | | conviction, adjudication or other action of any court |
20 | | triggering an obligation to register as a sex offender, sexual |
21 | | predator, or substantially similar status under the laws of |
22 | | that State. |
23 | | (F) As used in this Article, "out-of-state student" means |
24 | | any sex
offender, as defined in this Section,
or sexual |
25 | | predator who is enrolled in Illinois, on a full-time or |
26 | | part-time
basis, in any public or private educational |
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1 | | institution, including, but not
limited to, any secondary |
2 | | school, trade or professional institution, or
institution of |
3 | | higher learning.
|
4 | | (G) As used in this Article, "out-of-state employee" means |
5 | | any sex
offender, as defined in this Section,
or sexual |
6 | | predator who works in Illinois, regardless of whether the |
7 | | individual
receives payment for services performed, for a |
8 | | period of time of 10 or more days
or for an aggregate period of |
9 | | time of 30 or more days
during any calendar year.
Persons who |
10 | | operate motor vehicles in the State accrue one day of |
11 | | employment
time for any portion of a day spent in Illinois.
|
12 | | (H) As used in this Article, "school" means any public or |
13 | | private educational institution, including, but not limited |
14 | | to, any elementary or secondary school, trade or professional |
15 | | institution, or institution of higher education. |
16 | | (I) As used in this Article, "fixed residence" means any |
17 | | and all places that a sex offender resides for an aggregate |
18 | | period of time of 5 or more days in a calendar year.
|
19 | | (J) As used in this Article, "Internet protocol address" |
20 | | means the string of numbers by which a location on the Internet |
21 | | is identified by routers or other computers connected to the |
22 | | Internet. |
23 | | (Source: P.A. 100-428, eff. 1-1-18 .) |
24 | | Section 85. The Code of Civil Procedure is amended by |
25 | | changing Section 8-802.1 as follows:
|
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1 | | (735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
|
2 | | Sec. 8-802.1. Confidentiality of statements made to rape |
3 | | crisis personnel.
|
4 | | (a) Purpose. This Section is intended to protect victims |
5 | | of rape from
public
disclosure of statements they make in |
6 | | confidence to counselors of organizations
established to help |
7 | | them. On or after July 1, 1984, "rape" means an act of
forced |
8 | | sexual penetration or sexual conduct, as defined in Section |
9 | | 11-0.1 of
the Criminal Code of 2012, including acts prohibited |
10 | | under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 |
11 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
12 | | Because of the fear and stigma that often results from those |
13 | | crimes, many
victims hesitate to seek help even where it is |
14 | | available at no cost to them.
As a result they not only fail to |
15 | | receive needed medical care and emergency
counseling, but may |
16 | | lack the psychological support necessary to report the
crime |
17 | | and aid police in preventing future crimes.
|
18 | | (b) Definitions. As used in this Act:
|
19 | | (1) "Rape crisis organization" means any organization |
20 | | or association a
major purpose of which is providing |
21 | | information, counseling, and psychological
support to |
22 | | victims of any or all of the crimes of aggravated criminal |
23 | | sexual
assault, predatory criminal sexual assault of a |
24 | | child, criminal sexual
assault, sexual relations between |
25 | | siblings, criminal
sexual abuse and aggravated criminal |
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1 | | sexual abuse. "Rape crisis organization" includes, but is |
2 | | not limited to, rape crisis centers certified by a |
3 | | statewide sexual assault coalition.
|
4 | | (2) "Rape crisis counselor" means a person who is a |
5 | | psychologist,
social worker, employee, or volunteer in any |
6 | | organization or association
defined as a rape crisis |
7 | | organization under this Section, who has undergone 40
|
8 | | hours of training and is under the control of a direct |
9 | | services supervisor of a
rape crisis organization.
|
10 | | (3) "Victim" means a person who is the subject of, or |
11 | | who seeks
information, counseling, or advocacy services as |
12 | | a result of an aggravated
criminal sexual assault, |
13 | | predatory criminal sexual assault of a child,
criminal |
14 | | sexual assault, sexual relations within
families, criminal |
15 | | sexual abuse, aggravated criminal sexual abuse, sexual
|
16 | | exploitation of a child, indecent solicitation of a child, |
17 | | public indecency,
exploitation of a child, promoting |
18 | | commercial sexual exploitation of a child juvenile |
19 | | prostitution as described in subdivision (a)(4) of Section |
20 | | 11-14.4, or an attempt to commit any of these offenses.
|
21 | | (4) "Confidential communication" means any |
22 | | communication between a
victim and a rape crisis counselor |
23 | | in the course of providing information,
counseling, and |
24 | | advocacy. The term includes all records kept by the |
25 | | counselor
or by the organization in the course of |
26 | | providing services to an alleged victim
concerning the |
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1 | | alleged victim and the services provided.
|
2 | | (c) Waiver of privilege.
|
3 | | (1) The confidential nature of the communication is |
4 | | not waived by: the
presence of a third person who further |
5 | | expresses the interests of the victim at
the time of the |
6 | | communication; group counseling; or disclosure to a third
|
7 | | person with the consent of the victim when reasonably |
8 | | necessary to accomplish
the purpose for which the |
9 | | counselor is consulted.
|
10 | | (2) The confidential nature of counseling records is |
11 | | not waived when:
the victim inspects the records; or in |
12 | | the case of a minor child less than
12 years of age, a |
13 | | parent or guardian whose interests are not adverse to
the |
14 | | minor inspects the records; or in the case of a minor |
15 | | victim 12 years
or older, a parent or guardian whose |
16 | | interests are not adverse to the minor
inspects the |
17 | | records with the victim's consent, or in the case of an |
18 | | adult who has a guardian of his or her person, the guardian |
19 | | inspects the records with the victim's consent.
|
20 | | (3) When a victim is deceased, the executor
or |
21 | | administrator of the victim's estate may waive the |
22 | | privilege
established by this Section, unless the executor |
23 | | or
administrator has an interest adverse to the victim.
|
24 | | (4) A minor victim 12 years of age or older may |
25 | | knowingly waive the
privilege established in this Section. |
26 | | When a minor is, in the opinion of
the Court, incapable of |
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1 | | knowingly waiving the privilege, the parent or
guardian of |
2 | | the minor may waive the privilege on behalf of the minor,
|
3 | | unless the parent or guardian has been charged with a |
4 | | violent crime against
the victim or otherwise has any |
5 | | interest adverse to that of the minor with
respect to the |
6 | | waiver of the privilege.
|
7 | | (5) An adult victim who has a guardian of his or her |
8 | | person may knowingly waive the privilege established in |
9 | | this Section. When the victim is, in the opinion of the |
10 | | court, incapable of knowingly waiving the privilege, the |
11 | | guardian of the adult victim may waive the privilege on |
12 | | behalf of the victim, unless the guardian has been charged |
13 | | with a violent crime against the victim or otherwise has |
14 | | any interest adverse to the victim with respect to the |
15 | | privilege. |
16 | | (d) Confidentiality. Except as provided in this Act, no |
17 | | rape crisis
counselor shall disclose any confidential |
18 | | communication or be examined as a
witness in any civil or |
19 | | criminal proceeding as to any confidential
communication |
20 | | without the written consent of the victim or a representative |
21 | | of
the victim as provided in subparagraph (c).
|
22 | | (e) A rape crisis counselor may disclose a confidential |
23 | | communication
without the consent of the victim if failure to |
24 | | disclose is likely to
result in a clear, imminent risk of |
25 | | serious physical injury or death of the
victim or another |
26 | | person. Any rape crisis counselor or rape crisis
organization |
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1 | | participating in good faith in the disclosing of records and
|
2 | | communications under this Act shall have immunity from any |
3 | | liability,
civil, criminal, or otherwise that might result |
4 | | from the action.
In any proceeding, civil or criminal, arising |
5 | | out of a disclosure under
this Section, the good faith of any |
6 | | rape crisis counselor
or rape crisis organization who |
7 | | disclosed the confidential communication
shall be presumed.
|
8 | | (f) Any rape crisis counselor who knowingly discloses any |
9 | | confidential
communication in violation of this Act commits a |
10 | | Class C misdemeanor.
|
11 | | (Source: P.A. 102-469, eff. 1-1-22 .)
|
12 | | Section 90. The Lewdness Public Nuisance Act is amended by |
13 | | changing the title of the Act and Sections 1 and 10 as follows:
|
14 | | (740 ILCS 105/Act title)
|
15 | | An Act regarding places used for
purposes of lewdness, |
16 | | assignation, or commercial sexual activity prostitution , to |
17 | | declare the same to
be public nuisances, and to provide for the |
18 | | more effectual suppression
thereof.
|
19 | | (740 ILCS 105/1) (from Ch. 100 1/2, par. 1)
|
20 | | Sec. 1.
All buildings and apartments, and all
places, and |
21 | | the fixtures and movable contents thereof, used for purposes |
22 | | of
lewdness, assignation, or commercial sexual activity |
23 | | prostitution , are hereby declared to be public
nuisances, and |
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1 | | may be abated as hereinafter provided. The owners, agents,
and |
2 | | occupants of any such building or apartment, or of any such |
3 | | place shall
be deemed guilty of maintaining a public nuisance, |
4 | | and may be enjoined as
hereinafter provided.
|
5 | | (Source: Laws 1915, p. 371.)
|
6 | | (740 ILCS 105/10) (from Ch. 100 1/2, par. 10)
|
7 | | Sec. 10.
If any lessee or occupant shall use leased |
8 | | premises for the
purpose of lewdness, assignation or |
9 | | commercial sexual activity prostitution , or shall permit them |
10 | | to
be used for any of such purposes, the lease or contract for |
11 | | letting such
premises shall, at the option of the lessor, |
12 | | become void, and the owner may
have the like remedy to recover |
13 | | possession thereof as against a tenant
holding over after the |
14 | | expiration of his term.
|
15 | | (Source: Laws 1915, p. 371.)
|
16 | | Section 95. The Trafficking Victims Protection Act is |
17 | | amended by changing Section 10 as follows: |
18 | | (740 ILCS 128/10) |
19 | | Sec. 10. Definitions. As used in this Act: |
20 | | "Human trafficking" means a violation or attempted |
21 | | violation of subsection (d) of Section 10-9 of the Criminal |
22 | | Code of 2012. |
23 | | "Involuntary servitude" means a violation or attempted |
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1 | | violation of subsection (b) of Section 10-9 of the Criminal |
2 | | Code of 2012. |
3 | | "Sex trade" means a violation or attempted violation of |
4 | | any of the following Sections of the Criminal Code of 1961 or |
5 | | the Criminal Code of 2012: 11-14.3 (promoting commercial |
6 | | sexual activity prostitution ); 11-14.4 (promoting commercial |
7 | | sexual exploitation of a child juvenile prostitution ); 11-15 |
8 | | (soliciting for a provider of commercial sexual activity |
9 | | prostitute ); 11-15.1 (soliciting for a sexually exploited |
10 | | child juvenile prostitute ); 11-16 (pandering); 11-17 (keeping |
11 | | a place of commercial sexual activity prostitution ); 11-17.1 |
12 | | (keeping a place of commercial sexual exploitation of a child |
13 | | juvenile prostitution ); 11-19 (pimping); 11-19.1 (juvenile |
14 | | pimping and aggravated juvenile pimping); 11-19.2 |
15 | | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child |
16 | | pornography); 11-20.1B or 11-20.3 (aggravated child |
17 | | pornography); or subsection (c) of Section 10-9 (involuntary |
18 | | sexual servitude of a minor). |
19 | | "Sex trade" activity may involve adults and youth of all |
20 | | genders and sexual orientations.
|
21 | | "Victim of the sex trade" means, for the following sex |
22 | | trade acts, the person or persons indicated: |
23 | | (1) soliciting for a provider of commercial sexual |
24 | | activity prostitute : the provider of commercial sexual |
25 | | activity prostitute who is the object of the solicitation; |
26 | | (2) soliciting for a sexually exploited child juvenile |
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1 | | prostitute : the sexually exploited child juvenile |
2 | | prostitute , or person with a severe or profound |
3 | | intellectual disability, who is the object of the |
4 | | solicitation; |
5 | | (3) promoting commercial sexual activity prostitution |
6 | | as described in subdivision (a)(2)(A) or (a)(2)(B) of |
7 | | Section 11-14.3 of the Criminal Code of 1961 or the |
8 | | Criminal Code of 2012, or pandering: the person intended |
9 | | or compelled to act as a provider of commercial sexual |
10 | | activity prostitute ; |
11 | | (4) keeping a place of commercial sexual activity |
12 | | prostitution : any person intended or compelled to act as a |
13 | | provider of commercial sexual activity prostitute , while |
14 | | present at the place, during the time period in question; |
15 | | (5) keeping a place of commercial sexual exploitation |
16 | | of a child juvenile prostitution : any juvenile intended or |
17 | | compelled to act as a provider of commercial sexual |
18 | | activity prostitute , while present at the place, during |
19 | | the time period in question; |
20 | | (6) promoting commercial sexual activity prostitution |
21 | | as described in subdivision (a)(2)(C) of Section 11-14.3 |
22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | or pimping: the provider of commercial sexual activity |
24 | | prostitute from whom anything of value is received; |
25 | | (7) promoting commercial sexual exploitation of a |
26 | | child juvenile prostitution as described in subdivision |
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1 | | (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code |
2 | | of 1961 or the Criminal Code of 2012, or juvenile pimping |
3 | | and aggravated juvenile pimping: the juvenile, or person |
4 | | with a severe or profound intellectual disability, from |
5 | | whom anything of value is received for that person's act |
6 | | of commercial sexual activity prostitution ; |
7 | | (8) promoting commercial sexual exploitation of a |
8 | | child juvenile prostitution as described in subdivision |
9 | | (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or |
10 | | the Criminal Code of 2012, or exploitation of a child: the |
11 | | juvenile, or person with a severe or profound intellectual |
12 | | disability, intended or compelled to act as a provider of |
13 | | commercial sexual activity prostitute or from whom |
14 | | anything of value is received for that person's act of |
15 | | commercial sexual activity prostitution ; |
16 | | (9) obscenity: any person who appears in or is |
17 | | described or depicted in the offending conduct or |
18 | | material; |
19 | | (10) child pornography or aggravated child |
20 | | pornography: any child, or person with a severe or |
21 | | profound intellectual disability, who appears in or is |
22 | | described or depicted in the offending conduct or |
23 | | material; or |
24 | | (11) involuntary sexual servitude of a minor as |
25 | | defined in subsection (c) of Section 10-9 of the Criminal |
26 | | Code of 1961 or the Criminal Code of 2012.
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1 | | (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19 .) |
2 | | Section 100. The Illinois Streetgang Terrorism Omnibus |
3 | | Prevention Act is amended by changing Section 10 as follows:
|
4 | | (740 ILCS 147/10)
|
5 | | Sec. 10. Definitions.
|
6 | | "Course or pattern of criminal activity" means 2 or more |
7 | | gang-related
criminal offenses committed in whole or in part |
8 | | within this State when:
|
9 | | (1) at least one such offense was committed after the |
10 | | effective date of
this Act;
|
11 | | (2) both offenses were committed within 5 years of |
12 | | each other; and
|
13 | | (3) at least one offense involved the solicitation to |
14 | | commit,
conspiracy to commit, attempt to commit, or |
15 | | commission of any offense
defined as a felony or forcible |
16 | | felony under the Criminal Code of 1961 or the Criminal |
17 | | Code of 2012.
|
18 | | "Course or pattern of criminal activity" also means one or |
19 | | more acts of
criminal defacement of property under Section |
20 | | 21-1.3 of the Criminal Code of
1961 or the Criminal Code of |
21 | | 2012, if the defacement includes a sign or other symbol |
22 | | intended to identify
the streetgang.
|
23 | | "Designee of State's Attorney" or "designee" means any |
24 | | attorney for
a public authority who has received written |
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1 | | permission from the State's
Attorney to file or join in a civil |
2 | | action authorized by this Act.
|
3 | | "Public authority" means any unit of local government or |
4 | | school
district created or established under the Constitution |
5 | | or laws of this State.
|
6 | | "State's Attorney" means the State's Attorney of any |
7 | | county where an
offense constituting a part of a course or |
8 | | pattern of gang-related criminal
activity has occurred or has |
9 | | been committed.
|
10 | | "Streetgang" or "gang" or "organized gang" or "criminal |
11 | | street gang"
means any combination, confederation,
alliance, |
12 | | network, conspiracy, understanding, or other similar |
13 | | conjoining,
in law or in fact, of 3 or more persons with an |
14 | | established hierarchy that, through its
membership
or through |
15 | | the agency of any member engages in a course or pattern of |
16 | | criminal
activity.
|
17 | | For purposes of this Act, it shall not be necessary to show |
18 | | that a
particular conspiracy, combination, or conjoining of |
19 | | persons possesses,
acknowledges, or is known by any common |
20 | | name, insignia, flag, means of
recognition, secret signal or |
21 | | code, creed, belief, structure, leadership or
command |
22 | | structure, method of operation or criminal enterprise,
|
23 | | concentration or specialty, membership, age, or other |
24 | | qualifications,
initiation rites, geographical or territorial |
25 | | situs or boundary or
location, or other unifying mark, manner, |
26 | | protocol or method of expressing
or indicating membership when |
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1 | | the conspiracy's existence, in law or in
fact, can be |
2 | | demonstrated by a preponderance of other competent evidence.
|
3 | | However, any evidence reasonably tending to show or |
4 | | demonstrate, in law or
in fact, the existence of or membership |
5 | | in any conspiracy, confederation,
or other association |
6 | | described herein, or probative of the existence of or
|
7 | | membership in any such association, shall be admissible in any |
8 | | action or
proceeding brought under this Act.
|
9 | | "Streetgang member" or "gang member" means any person who |
10 | | actually
and in fact belongs to a gang, and any person who |
11 | | knowingly acts in the
capacity of an agent for or accessory to, |
12 | | or is legally accountable for, or
voluntarily associates |
13 | | himself with a course or pattern of gang-related
criminal |
14 | | activity, whether in a preparatory, executory, or cover-up |
15 | | phase
of any activity, or who knowingly performs, aids, or |
16 | | abets any such activity.
|
17 | | "Streetgang related" or "gang-related" means any criminal |
18 | | activity,
enterprise, pursuit, or undertaking directed by, |
19 | | ordered by, authorized by,
consented to, agreed to, requested |
20 | | by, acquiesced in, or ratified by any
gang leader, officer, or |
21 | | governing or policy-making person or authority, or
by any |
22 | | agent, representative, or deputy of any such officer, person, |
23 | | or
authority:
|
24 | | (1) with the intent to increase the gang's size, |
25 | | membership,
prestige, dominance, or control in any |
26 | | geographical area; or
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1 | | (2) with the intent to provide the gang with any |
2 | | advantage in, or
any control or dominance over any |
3 | | criminal market sector, including but not
limited to, the |
4 | | manufacture, delivery, or sale of controlled substances or
|
5 | | cannabis; arson or arson-for-hire; traffic in stolen |
6 | | property or stolen
credit cards; traffic in commercial |
7 | | sexual activity prostitution , obscenity, or pornography; |
8 | | or that
involves robbery, burglary, or theft; or
|
9 | | (3) with the intent to exact revenge or retribution |
10 | | for the gang
or any member of the gang; or
|
11 | | (4) with the intent to obstruct justice, or intimidate |
12 | | or
eliminate any witness against the gang or any member of |
13 | | the gang; or
|
14 | | (5) with the intent to otherwise directly or |
15 | | indirectly cause any
benefit, aggrandizement, gain, profit |
16 | | or other advantage whatsoever to or
for the gang, its |
17 | | reputation, influence, or membership.
|
18 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
19 | | Section 105. The Illinois Securities Law of 1953 is |
20 | | amended by changing Section 7a as follows:
|
21 | | (815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
|
22 | | Sec. 7a.
(a) Except as provided in subsection (b) of this |
23 | | Section,
no securities, issued by an issuer engaged in or |
24 | | deriving revenues from the
conduct of any business or |
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1 | | profession, the conduct of which would violate
Section 11-14, |
2 | | 11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), |
3 | | or (a)(3) or that involves soliciting for a sexually exploited |
4 | | child juvenile prostitute , 11-15, 11-15.1, 11-16, 11-17, 11-19 |
5 | | or 11-19.1 of the
Criminal Code of 1961 or the Criminal Code of |
6 | | 2012, if conducted in this
State, shall be sold or registered |
7 | | pursuant to Section 5, 6 or 7 of this
Act nor sold pursuant to |
8 | | the provisions of Section 3 or 4 of this Act.
|
9 | | (b) Notwithstanding the provisions of subsection (a) |
10 | | hereof, such
securities issued prior to the effective date of |
11 | | this amendatory Act of
1989 may be sold by a resident of this |
12 | | State in transactions which qualify
for an exemption from the |
13 | | registration requirements of this Act pursuant to
subsection A |
14 | | of Section 4 of this Act.
|
15 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
16 | | Section 995. No acceleration or delay. Where this Act |
17 | | makes changes in a statute that is represented in this Act by |
18 | | text that is not yet or no longer in effect (for example, a |
19 | | Section represented by multiple versions), the use of that |
20 | | text does not accelerate or delay the taking effect of (i) the |
21 | | changes made by this Act or (ii) provisions derived from any |
22 | | other Public Act.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 70/1.45 new | | | 4 | | 20 ILCS 2630/5.2 | | | 5 | | 20 ILCS 4026/10 | | | 6 | | 55 ILCS 5/5-10008 | from Ch. 34, par. 5-10008 | | 7 | | 65 ILCS 5/11-5-4 | from Ch. 24, par. 11-5-4 | | 8 | | 225 ILCS 57/15 | | | 9 | | 225 ILCS 57/45 | | | 10 | | 225 ILCS 515/10 | from Ch. 111, par. 910 | | 11 | | 235 ILCS 5/6-2 | from Ch. 43, par. 120 | | 12 | | 325 ILCS 40/2 | from Ch. 23, par. 2252 | | 13 | | 625 ILCS 5/6-206 | | | 14 | | 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 | | 15 | | 720 ILCS 5/1-6 | from Ch. 38, par. 1-6 | | 16 | | 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 | | 17 | | 720 ILCS 5/8-2 | from Ch. 38, par. 8-2 | | 18 | | 720 ILCS 5/10-9 | | | 19 | | 720 ILCS 5/11-0.1 | | | 20 | | 720 ILCS 5/11-9.1A | | | 21 | | 720 ILCS 5/11-9.3 | | | 22 | | 720 ILCS 5/Art. 11 Subdiv. | 23 | | 15 heading | | | 24 | | 720 ILCS 5/11-14 | from Ch. 38, par. 11-14 | | 25 | | 720 ILCS 5/11-14.1 | | |
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| 1 | | 720 ILCS 5/11-14.3 | | | 2 | | 720 ILCS 5/11-14.4 | | | 3 | | 720 ILCS 5/11-18 | from Ch. 38, par. 11-18 | | 4 | | 720 ILCS 5/11-18.1 | from Ch. 38, par. 11-18.1 | | 5 | | 720 ILCS 5/14-3 | | | 6 | | 720 ILCS 5/33G-3 | | | 7 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 | | 8 | | 720 ILCS 640/1 | from Ch. 23, par. 2369 | | 9 | | 725 ILCS 5/108B-3 | from Ch. 38, par. 108B-3 | | 10 | | 725 ILCS 5/111-8 | from Ch. 38, par. 111-8 | | 11 | | 725 ILCS 5/115-6.1 | | | 12 | | 725 ILCS 5/116-2.1 | | | 13 | | 725 ILCS 5/124B-10 | | | 14 | | 725 ILCS 5/124B-100 | | | 15 | | 725 ILCS 5/124B-300 | | | 16 | | 725 ILCS 207/40 | | | 17 | | 725 ILCS 215/2 | from Ch. 38, par. 1702 | | 18 | | 725 ILCS 215/3 | from Ch. 38, par. 1703 | | 19 | | 730 ILCS 5/3-1-2 | from Ch. 38, par. 1003-1-2 | | 20 | | 730 ILCS 5/3-2.5-95 | | | 21 | | 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | | 22 | | 730 ILCS 5/5-5-3 | | | 23 | | 730 ILCS 5/5-5-3.2 | | | 24 | | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | | 25 | | 730 ILCS 5/5-6-3.1 | from Ch. 38, par. 1005-6-3.1 | | 26 | | 730 ILCS 5/5-9-1.7 | from Ch. 38, par. 1005-9-1.7 | |
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| 1 | | 730 ILCS 5/5-9-1.21 | | | 2 | | 730 ILCS 150/2 | from Ch. 38, par. 222 | | 3 | | 735 ILCS 5/8-802.1 | from Ch. 110, par. 8-802.1 | | 4 | | 740 ILCS 105/Act title | | | 5 | | 740 ILCS 105/1 | from Ch. 100 1/2, par. 1 | | 6 | | 740 ILCS 105/10 | from Ch. 100 1/2, par. 10 | | 7 | | 740 ILCS 128/10 | | | 8 | | 740 ILCS 147/10 | | | 9 | | 815 ILCS 5/7a | from Ch. 121 1/2, par. 137.7a |
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|