Sen. Kirk W. Dillard
Filed: 11/27/2012
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1 | AMENDMENT TO HOUSE BILL 3804
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2 | AMENDMENT NO. ______. Amend House Bill 3804, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Findings. It is the intent of the General | ||||||
6 | Assembly to implement the provisions of Public Act 97-1108 | ||||||
7 | which changed the short title of the Criminal Code of 1961 to | ||||||
8 | the Criminal Code of 2012. The purpose of this Act is to | ||||||
9 | clarify the citations to offenses under the Criminal Code of | ||||||
10 | 2012 and to previous citations under the Criminal Code of 1961 | ||||||
11 | to aid law enforcement, prosecutors, defense attorneys, | ||||||
12 | criminal defendants, the courts, and the public in the | ||||||
13 | administration and understanding of the criminal law. It is not | ||||||
14 | the intent of this Act to make any substantive changes to the | ||||||
15 | law by the cross referencing changes regarding the Criminal | ||||||
16 | Code of 1961 and the Criminal Code of 2012. |
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1 | Section 5. The Statute on Statutes is amended by changing | ||||||
2 | Section 1.39 as follows: | ||||||
3 | (5 ILCS 70/1.39) | ||||||
4 | Sec. 1.39. Criminal Code of 2012. Whenever there is a | ||||||
5 | reference in any Act to the Criminal Code or Criminal Code of | ||||||
6 | 1961, that reference shall be interpreted to mean the Criminal | ||||||
7 | Code of 2012 , unless the context clearly requires otherwise .
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8 | (Source: P.A. 97-1108, eff. 1-1-13.) | ||||||
9 | Section 10. The Electronic Commerce Security Act is amended | ||||||
10 | by changing Section 30-5 as follows:
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11 | (5 ILCS 175/30-5)
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12 | Sec. 30-5. Civil remedy. Whoever suffers loss by reason of | ||||||
13 | a violation
of Section 10-140, 15-210, 15-215, or 15-220
of | ||||||
14 | this Act or Section 17-3 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 may, in a civil action
against the | ||||||
16 | violator, obtain appropriate
relief. In a civil action under | ||||||
17 | this Section, the court may award to the
prevailing party | ||||||
18 | reasonable
attorneys fees and other litigation expenses.
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19 | (Source: P.A. 90-759, eff. 7-1-99.)
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20 | Section 15. The Elected Officials Misconduct Forfeiture | ||||||
21 | Act is amended by changing Sections 15, 20, and 25 as follows: |
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1 | (5 ILCS 282/15)
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2 | Sec. 15. Forfeiture action. The Attorney General may file | ||||||
3 | an action in circuit court on behalf of the people of Illinois | ||||||
4 | against an elected official who has, by his or her violation of | ||||||
5 | Article 33 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012 or violation of a similar federal offense, injured the | ||||||
7 | people of Illinois. The purpose of such suit is to recover all | ||||||
8 | proceeds traceable to the elected official's offense and by so | ||||||
9 | doing, prevent, restrain or remedy violations of Article 33 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
11 | similar federal offenses.
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12 | (Source: P.A. 96-597, eff. 8-18-09.) | ||||||
13 | (5 ILCS 282/20)
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14 | Sec. 20. Procedure. | ||||||
15 | (a) The circuit court has jurisdiction to prevent, | ||||||
16 | restrain, and remedy violations of Article 33 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012 or violations of a | ||||||
18 | similar federal offense after a hearing or trial, as | ||||||
19 | appropriate, by issuing appropriate orders.
Prior to a | ||||||
20 | determination of liability such orders may include, but are not | ||||||
21 | limited to, issuing seizure warrants, entering findings of | ||||||
22 | probable cause for in personam or in rem forfeiture, or taking | ||||||
23 | such other actions, in connection with any property or other | ||||||
24 | interest subject to forfeiture or other remedies or restraints | ||||||
25 | pursuant to this Section as the court deems proper. |
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1 | (b) If the Attorney General prevails in his or her action, | ||||||
2 | the court shall order the forfeiture of all proceeds traceable | ||||||
3 | to the elected official's violations of Article 33 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 or similar | ||||||
5 | federal offenses. Proceeds seized and forfeited as a result of | ||||||
6 | the Attorney General's action will be deposited into the | ||||||
7 | General Revenue Fund or the corporate county fund, as | ||||||
8 | appropriate.
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9 | (Source: P.A. 96-597, eff. 8-18-09.) | ||||||
10 | (5 ILCS 282/25)
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11 | Sec. 25. Term of forfeiture. The maximum term of a civil | ||||||
12 | forfeiture under this Act shall be equal to the term of | ||||||
13 | imprisonment, probation and mandatory supervised release or | ||||||
14 | parole received by the elected official as a result of his or | ||||||
15 | her conviction for violating Article 33 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012 or similar federal offenses.
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17 | (Source: P.A. 96-597, eff. 8-18-09.) | ||||||
18 | Section 20. The Public Corruption Profit Forfeiture Act is | ||||||
19 | amended by changing Section 10 as follows: | ||||||
20 | (5 ILCS 283/10)
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21 | Sec. 10. Penalties. | ||||||
22 | (a) A person who is convicted of a violation of any of the | ||||||
23 | following Sections, subsections, and clauses of the Criminal |
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1 | Code of 1961 or the Criminal Code of 2012 : | ||||||
2 | (1) clause (a)(6) of Section 12-6 (intimidation by a | ||||||
3 | public official), | ||||||
4 | (2) Section 33-1 (bribery), | ||||||
5 | (3) subsection (a) of Section 33E-7 (kickbacks), or | ||||||
6 | (4) Section 33C-4 or subsection (d) of Section 17-10.3 | ||||||
7 | (fraudulently obtaining public moneys reserved for | ||||||
8 | disadvantaged business enterprises), | ||||||
9 | shall forfeit to the State of Illinois: | ||||||
10 | (A) any profits or proceeds and any property or | ||||||
11 | property interest he or she has acquired or maintained in | ||||||
12 | violation of any of the offenses listed in clauses (1) | ||||||
13 | through (4) of this subsection (a) that the court | ||||||
14 | determines, after a forfeiture hearing under subsection | ||||||
15 | (b) of this Section, to have been acquired or maintained as | ||||||
16 | a result of violating any of the offenses listed in clauses | ||||||
17 | (1) through (4) of this subsection (a); and | ||||||
18 | (B) any interest in, security of, claim against, or | ||||||
19 | property or contractual right of any kind affording a | ||||||
20 | source of influence over, any enterprise which he or she | ||||||
21 | has established, operated, controlled, conducted, or | ||||||
22 | participated in the conduct of, in violation of any of the | ||||||
23 | offenses listed in clauses (1) through (4) of this | ||||||
24 | subsection (a) that the court determines, after a | ||||||
25 | forfeiture hearing under subsection (b) of this Section, to | ||||||
26 | have been acquired or maintained as a result of violating |
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1 | any of the offenses listed in clauses (1) through (4) of | ||||||
2 | this subsection (a) or used to facilitate a violation of | ||||||
3 | one of the offenses listed in clauses (1) through (4) of | ||||||
4 | this subsection (a).
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5 | (b) The court shall, upon petition by the Attorney General | ||||||
6 | or State's Attorney, at any time after the filing of an | ||||||
7 | information or return of an indictment, conduct a hearing to | ||||||
8 | determine whether any property or property interest is subject | ||||||
9 | to forfeiture under this Act. At the forfeiture hearing the | ||||||
10 | people shall have the burden of establishing, by a | ||||||
11 | preponderance of the evidence, that property or property | ||||||
12 | interests are subject to forfeiture under this Act. There is a | ||||||
13 | rebuttable presumption at such hearing that any property or | ||||||
14 | property interest of a person charged by information or | ||||||
15 | indictment with a violation of any of the offenses listed in | ||||||
16 | clauses (1) through (4) of subsection (a) of this Section or | ||||||
17 | who is convicted of a violation of any of the offenses listed | ||||||
18 | in clauses (1) through (4) of subsection (a) of this Section is | ||||||
19 | subject to forfeiture under this Section if the State | ||||||
20 | establishes by a preponderance of the evidence that: | ||||||
21 | (1) such property or property interest was acquired by | ||||||
22 | such person during the period of the violation of any of | ||||||
23 | the offenses listed in clauses (1) through (4) of | ||||||
24 | subsection (a) of this Section or within a reasonable time | ||||||
25 | after such period; and
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26 | (2) there was no likely source for such property or |
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1 | property interest other than the violation of any of the | ||||||
2 | offenses listed in clauses (1) through (4) of subsection | ||||||
3 | (a) of this Section.
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4 | (c) In an action brought by the People of the State of | ||||||
5 | Illinois under this Act, wherein any restraining order, | ||||||
6 | injunction or prohibition or any other action in connection | ||||||
7 | with any property or property interest subject to forfeiture | ||||||
8 | under this Act is sought, the circuit court which shall preside | ||||||
9 | over the trial of the person or persons charged with any of the | ||||||
10 | offenses listed in clauses (1) through (4) of subsection (a) of | ||||||
11 | this Section shall first determine whether there is probable | ||||||
12 | cause to believe that the person or persons so charged have | ||||||
13 | committed a violation of any of the offenses listed in clauses | ||||||
14 | (1) through (4) of subsection (a) of this Section and whether | ||||||
15 | the property or property interest is subject to forfeiture | ||||||
16 | pursuant to this Act.
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17 | In order to make such a determination, prior to entering | ||||||
18 | any such order, the court shall conduct a hearing without a | ||||||
19 | jury, wherein the People shall establish that there is: (i) | ||||||
20 | probable cause that the person or persons so charged have | ||||||
21 | committed one of the offenses listed in clauses (1) through (4) | ||||||
22 | of subsection (a) of this Section and (ii) probable cause that | ||||||
23 | any property or property interest may be subject to forfeiture | ||||||
24 | pursuant to this Act. Such hearing may be conducted | ||||||
25 | simultaneously with a preliminary hearing, if the prosecution | ||||||
26 | is commenced by information or complaint, or by motion of the |
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1 | People, at any stage in the proceedings. The court may accept a | ||||||
2 | finding of probable cause at a preliminary hearing following | ||||||
3 | the filing of a charge for violating one of the offenses listed | ||||||
4 | in clauses (1) through (4) of subsection (a) of this Section or | ||||||
5 | the return of an indictment by a grand jury charging one of the | ||||||
6 | offenses listed in clauses (1) through (4) of subsection (a) of | ||||||
7 | this Section as sufficient evidence of probable cause as | ||||||
8 | provided in item (i) above.
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9 | Upon such a finding, the circuit court shall enter such | ||||||
10 | restraining order, injunction or prohibition, or shall take | ||||||
11 | such other action in connection with any such property or | ||||||
12 | property interest subject to forfeiture under this Act, as is | ||||||
13 | necessary to insure that such property is not removed from the | ||||||
14 | jurisdiction of the court, concealed, destroyed or otherwise | ||||||
15 | disposed of by the owner of that property or property interest | ||||||
16 | prior to a forfeiture hearing under subsection (b) of this | ||||||
17 | Section. The Attorney General or State's Attorney shall file a | ||||||
18 | certified copy of such restraining order, injunction or other | ||||||
19 | prohibition with the recorder of deeds or registrar of titles | ||||||
20 | of each county where any such property of the defendant may be | ||||||
21 | located. No such injunction, restraining order or other | ||||||
22 | prohibition shall affect the rights of any bona fide purchaser, | ||||||
23 | mortgagee, judgment creditor or other lien holder arising prior | ||||||
24 | to the date of such filing.
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25 | The court may, at any time, upon verified petition by the | ||||||
26 | defendant, conduct a hearing to release all or portions of any |
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1 | such property or interest which the court previously determined | ||||||
2 | to be subject to forfeiture or subject to any restraining | ||||||
3 | order, injunction, or prohibition or other action. The court | ||||||
4 | may release such property to the defendant for good cause shown | ||||||
5 | and within the sound discretion of the court.
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6 | (d) Prosecution under this Act may be commenced by the | ||||||
7 | Attorney General or a State's Attorney.
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8 | (e) Upon an order of forfeiture being entered pursuant to | ||||||
9 | subsection (b) of this Section, the court shall authorize the | ||||||
10 | Attorney General to seize any property or property interest | ||||||
11 | declared forfeited under this Act and under such terms and | ||||||
12 | conditions as the court shall deem proper. Any property or | ||||||
13 | property interest that has been the subject of an entered | ||||||
14 | restraining order, injunction or prohibition or any other | ||||||
15 | action filed under subsection (c) shall be forfeited unless the | ||||||
16 | claimant can show by a preponderance of the evidence that the | ||||||
17 | property or property interest has not been acquired or | ||||||
18 | maintained as a result of a violation of any of the offenses | ||||||
19 | listed in clauses (1) through (4) of subsection (a) of this | ||||||
20 | Section or has not been used to facilitate a violation of any | ||||||
21 | of the offenses listed in clauses (1) through (4) of subsection | ||||||
22 | (a) of this Section.
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23 | (f) The Attorney General or his or her designee is | ||||||
24 | authorized to sell all property forfeited and seized pursuant | ||||||
25 | to this Act, unless such property is required by law to be | ||||||
26 | destroyed or is harmful to the public, and, after the deduction |
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1 | of all requisite expenses of administration and sale, shall | ||||||
2 | distribute the proceeds of such sale, along with any moneys | ||||||
3 | forfeited or seized, in accordance with subsection (g).
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4 | (g) All monies and the sale proceeds of all other property | ||||||
5 | forfeited and seized pursuant to this Act shall be distributed | ||||||
6 | as follows:
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7 | (1) An amount equal to 50% shall be distributed to the | ||||||
8 | unit of local government or other law enforcement agency | ||||||
9 | whose officers or employees conducted the investigation | ||||||
10 | into a violation of any of the offenses listed in clauses | ||||||
11 | (1) through (4) of subsection (a) of this Section and | ||||||
12 | caused the arrest or arrests and prosecution leading to the | ||||||
13 | forfeiture. Amounts distributed to units of local | ||||||
14 | government and law enforcement agencies shall be used for | ||||||
15 | enforcement of laws governing public corruption, or for | ||||||
16 | other law enforcement purposes. In the event, however, that | ||||||
17 | the investigation, arrest or arrests and prosecution | ||||||
18 | leading to the forfeiture were undertaken solely by a State | ||||||
19 | agency, the portion provided hereunder shall be paid into | ||||||
20 | the State Asset Forfeiture Fund in the State treasury to be | ||||||
21 | used by that State agency in accordance with law.
If the | ||||||
22 | investigation, arrest or arrests and prosecution leading | ||||||
23 | to the forfeiture were undertaken by the Attorney General, | ||||||
24 | the portion provided hereunder shall be paid into the | ||||||
25 | Attorney General's Whistleblower Reward and Protection | ||||||
26 | Fund in the State treasury to be used by the Attorney |
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1 | General in accordance with law. | ||||||
2 | (2) An amount equal to 12.5% shall be distributed to | ||||||
3 | the county in which the prosecution resulting in the | ||||||
4 | forfeiture was instituted, deposited in a special fund in | ||||||
5 | the county treasury and appropriated to the State's | ||||||
6 | Attorney for use in accordance with law.
If the prosecution | ||||||
7 | was conducted by the Attorney General, then the amount | ||||||
8 | provided under this subsection shall be paid into the | ||||||
9 | Attorney General's Whistleblower Reward and Protection | ||||||
10 | Fund in the State treasury to be used by the Attorney | ||||||
11 | General in accordance with law. | ||||||
12 | (3) An amount equal to 12.5% shall be distributed to | ||||||
13 | the Office of the State's Attorneys Appellate Prosecutor | ||||||
14 | and deposited in the State's Attorneys Appellate | ||||||
15 | Prosecutor Anti-Corruption Fund, to be used by the Office | ||||||
16 | of the State's Attorneys Appellate Prosecutor for | ||||||
17 | additional expenses incurred in prosecuting appeals | ||||||
18 | arising under this Act. Any amounts remaining in the Fund | ||||||
19 | after all additional expenses have been paid shall be used | ||||||
20 | by the Office to reduce the participating county | ||||||
21 | contributions to the Office on a prorated basis as | ||||||
22 | determined by the board of governors of the Office of the | ||||||
23 | State's Attorneys Appellate Prosecutor based on the | ||||||
24 | populations of the participating counties.
If the appeal is | ||||||
25 | to be conducted by the Attorney General, then the amount | ||||||
26 | provided under this subsection shall be paid into the |
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1 | Attorney General's Whistleblower Reward and Protection | ||||||
2 | Fund in the State treasury to be used by the Attorney | ||||||
3 | General in accordance with law. | ||||||
4 | (4) An amount equal to 25% shall be paid into the State | ||||||
5 | Asset Forfeiture Fund in the State treasury to be used by | ||||||
6 | the Department of State Police for the funding of the | ||||||
7 | investigation of public corruption activities. Any amounts | ||||||
8 | remaining in the Fund after full funding of such | ||||||
9 | investigations shall be used by the Department in | ||||||
10 | accordance with law to fund its other enforcement | ||||||
11 | activities.
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12 | (h) All moneys deposited pursuant to this Act in the State | ||||||
13 | Asset Forfeiture Fund shall, subject to appropriation, be used | ||||||
14 | by the Department of State Police in the manner set forth in | ||||||
15 | this Section. All moneys deposited pursuant to this Act in the | ||||||
16 | Attorney General's Whistleblower Reward and Protection Fund | ||||||
17 | shall, subject to appropriation, be used by the Attorney | ||||||
18 | General for State law enforcement purposes and for the | ||||||
19 | performance of the duties of that office. All moneys deposited | ||||||
20 | pursuant to this Act in the State's Attorneys Appellate | ||||||
21 | Prosecutor Anti-Corruption Fund shall, subject to | ||||||
22 | appropriation, be used by the Office of the State's Attorneys | ||||||
23 | Appellate Prosecutor in the manner set forth in this Section.
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24 | (Source: P.A. 96-1019, eff. 1-1-11; 97-657, eff. 1-13-12.) | ||||||
25 | Section 25. The Illinois Notary Public Act is amended by |
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1 | changing Section 7-104 as follows:
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2 | (5 ILCS 312/7-104) (from Ch. 102, par. 207-104)
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3 | Sec. 7-104. Official Misconduct Defined. The term | ||||||
4 | "official misconduct"
generally means the wrongful exercise of | ||||||
5 | a power or the wrongful
performance of a duty and is fully | ||||||
6 | defined in Section 33-3 of the Criminal
Code of 2012 1961 . The | ||||||
7 | term "wrongful" as used in the definition of official
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8 | misconduct means unauthorized, unlawful, abusive, negligent, | ||||||
9 | reckless,
or injurious.
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10 | (Source: P.A. 85-293.)
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11 | Section 30. The Election Code is amended by changing | ||||||
12 | Sections 9-25.2, 11-4.1, 19A-10.5, and 29-13 as follows:
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13 | (10 ILCS 5/9-25.2)
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14 | Sec. 9-25.2.
Contributions; candidate or treasurer of | ||||||
15 | political
committee.
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16 | (a) No candidate may knowingly receive any contribution | ||||||
17 | solicited or
received in violation of Section 33-3.1 or Section | ||||||
18 | 33-3.2 of the Criminal Code
of
2012 1961 .
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19 | (b) The receipt of political contributions in violation of | ||||||
20 | this
Section shall constitute a Class A misdemeanor.
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21 | The appropriate State's Attorney or the Attorney General | ||||||
22 | shall bring
actions in the name of the people of the State of | ||||||
23 | Illinois.
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1 | (Source: P.A. 92-853, eff. 8-28-02.)
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2 | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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3 | Sec. 11-4.1. (a) In appointing polling places under this | ||||||
4 | Article, the
county board or board of election commissioners | ||||||
5 | shall, insofar as they are
convenient and available, use | ||||||
6 | schools and other public buildings as polling
places.
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7 | (b) Upon request of the county board or board of election | ||||||
8 | commissioners,
the proper agency of government (including | ||||||
9 | school districts and units of
local government) shall make a | ||||||
10 | public building under its control available
for use as a | ||||||
11 | polling place on an election day and for a reasonably
necessary | ||||||
12 | time before and after election day, without charge.
If the | ||||||
13 | county board or board of election commissioners chooses a | ||||||
14 | school
to be a polling place, then the school district must | ||||||
15 | make the school
available for use as a polling place.
However, | ||||||
16 | for the day of the election, a school district may choose to | ||||||
17 | (i)
keep the school open or (ii) hold a teachers institute on | ||||||
18 | that day.
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19 | (c) A government agency which makes a public building under | ||||||
20 | its
control available for use as a polling place shall ensure | ||||||
21 | the portion of
the building to be used as the polling place is | ||||||
22 | accessible to handicapped
and elderly voters.
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23 | (d) If a qualified elector's precinct polling place is a | ||||||
24 | school and the elector will be unable to enter that polling | ||||||
25 | place without violating Section 11-9.3 of the Criminal Code of |
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1 | 2012 1961 because the elector is a child sex offender as | ||||||
2 | defined in Section 11-9.3 of the Criminal Code of 2012 1961 , | ||||||
3 | that elector may vote by absentee ballot in accordance with | ||||||
4 | Article 19 of this Code or may vote early in accordance with | ||||||
5 | Article 19A of this Code. | ||||||
6 | (Source: P.A. 95-440, eff. 8-27-07.)
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7 | (10 ILCS 5/19A-10.5) | ||||||
8 | Sec. 19A-10.5. Child sex offenders. If an election | ||||||
9 | authority designates one or more permanent early voting polling | ||||||
10 | places under this Article, the election authority must | ||||||
11 | designate at least one permanent early voting polling place | ||||||
12 | that a qualified elector who is a child sex offender as defined | ||||||
13 | in Section 11-9.3 or Section 11-9.4 of the Criminal Code of | ||||||
14 | 2012 1961 may enter without violating Section 11-9.3 or Section | ||||||
15 | 11-9.4 of that Code , respectively . | ||||||
16 | If an election authority designates one or more temporary | ||||||
17 | early voting polling places under this Article, the election | ||||||
18 | authority must designate at least one temporary early voting | ||||||
19 | polling place that a qualified elector who is a child sex | ||||||
20 | offender as defined in Section 11-9.3 or Section 11-9.4 of the | ||||||
21 | Criminal Code of 2012 1961 may enter without violating Section | ||||||
22 | 11-9.3 or Section 11-9.4 of that Code , respectively .
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23 | (Source: P.A. 95-440, eff. 8-27-07.)
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24 | (10 ILCS 5/29-13) (from Ch. 46, par. 29-13)
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1 | Sec. 29-13. Attempt, solicitation and conspiracy. Each | ||||||
2 | violation of this Code shall be an offense within the meaning | ||||||
3 | of
Section 2-12 of the Illinois Criminal Code of 2012 1961, as | ||||||
4 | amended , so that the
inchoate offenses of solicitation, | ||||||
5 | conspiracy and attempt, and the
punishment therefor, as | ||||||
6 | provided in such Criminal Code shall apply to
solicitation, | ||||||
7 | conspiracy and attempt to violate the provisions of this Code.
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8 | (Source: P.A. 78-887.)
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9 | Section 35. The Secretary of State Merit Employment Code is | ||||||
10 | amended by changing Section 10b.1 as follows:
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11 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
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12 | Sec. 10b.1. Competitive examinations.
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13 | (a) For open competitive
examinations to test the relative | ||||||
14 | fitness of applicants for the
respective positions. Tests shall | ||||||
15 | be designed to eliminate those who
are not qualified for | ||||||
16 | entrance into the Office of the Secretary of State
and to | ||||||
17 | discover the relative fitness of those who are qualified. The
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18 | Director may use any one of or any combination of the following
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19 | examination methods which in his judgment best serves this end:
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20 | investigation of education and experience; test of cultural | ||||||
21 | knowledge;
test of capacity; test of knowledge; test of manual | ||||||
22 | skill; test of
linguistic ability; test of character; test of | ||||||
23 | physical skill; test of
psychological fitness. No person with a | ||||||
24 | record of misdemeanor
convictions except those under Sections |
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1 | 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, | ||||||
2 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
| ||||||
3 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, | ||||||
4 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
5 | 11-14.3,
and sub-sections 1, 6 and 8 of Section 24-1 of the | ||||||
6 | Criminal Code of
1961 or the Criminal Code of 2012 , or arrested | ||||||
7 | for any cause but not convicted thereon shall be
disqualified | ||||||
8 | from taking such examinations or subsequent appointment
unless | ||||||
9 | the person is attempting to qualify for a position which would
| ||||||
10 | give him the powers of a peace officer, in which case the | ||||||
11 | person's
conviction or arrest record may be considered as a | ||||||
12 | factor in determining
the person's fitness for the position. | ||||||
13 | All examinations shall be
announced publicly at least 2 weeks | ||||||
14 | in advance of the date of
examinations and may be advertised | ||||||
15 | through the press, radio or other
media.
| ||||||
16 | The Director may, at his discretion, accept the results of
| ||||||
17 | competitive examinations conducted by any merit system | ||||||
18 | established by
Federal law or by the law of any State, and may | ||||||
19 | compile eligible lists
therefrom or may add the names of | ||||||
20 | successful candidates in examinations
conducted by those merit | ||||||
21 | systems to existing eligible lists in
accordance with their | ||||||
22 | respective ratings. No person who is a
non-resident of the | ||||||
23 | State of Illinois may be appointed from those
eligible lists, | ||||||
24 | however, unless the requirement that applicants be
residents of | ||||||
25 | the State of Illinois is waived by the Director of
Personnel | ||||||
26 | and unless there are less than 3 Illinois residents available
|
| |||||||
| |||||||
1 | for appointment from the appropriate eligible list. The results | ||||||
2 | of the
examinations conducted by other merit systems may not be | ||||||
3 | used unless
they are comparable in difficulty and | ||||||
4 | comprehensiveness to examinations
conducted by the Department | ||||||
5 | of Personnel for similar positions. Special
linguistic options | ||||||
6 | may also be established where deemed appropriate.
| ||||||
7 | (b) The Director of Personnel may require that each person | ||||||
8 | seeking
employment with the Secretary of State, as part of the | ||||||
9 | application
process, authorize an investigation to determine | ||||||
10 | if the applicant has
ever been convicted of a crime and if so, | ||||||
11 | the disposition of those
convictions; this authorization shall | ||||||
12 | indicate the scope of the inquiry
and the agencies which may be | ||||||
13 | contacted. Upon this authorization, the
Director of Personnel | ||||||
14 | may request and receive information and assistance
from any | ||||||
15 | federal, state or local governmental agency as part of the
| ||||||
16 | authorized investigation. The investigation shall be | ||||||
17 | undertaken after the
fingerprinting of an applicant in the form | ||||||
18 | and manner prescribed by the
Department of State Police. The | ||||||
19 | investigation shall consist of a criminal
history records check | ||||||
20 | performed by the Department of State Police and the
Federal | ||||||
21 | Bureau of Investigation, or some other entity that has the | ||||||
22 | ability to
check the applicant's fingerprints against the | ||||||
23 | fingerprint records now and
hereafter filed in the Department | ||||||
24 | of State Police and Federal Bureau of
Investigation criminal | ||||||
25 | history records databases. If the Department of State
Police | ||||||
26 | and the Federal Bureau of Investigation
conduct an |
| |||||||
| |||||||
1 | investigation directly for the Secretary of State's Office, | ||||||
2 | then
the Department of State Police shall charge a fee for | ||||||
3 | conducting the criminal
history records check, which shall be | ||||||
4 | deposited in the State Police Services
Fund and shall not | ||||||
5 | exceed the actual cost of the records check. The
Department of | ||||||
6 | State Police shall
provide information concerning any criminal | ||||||
7 | convictions, and their
disposition, brought against the | ||||||
8 | applicant or prospective employee of
the Secretary of State | ||||||
9 | upon request of the Department of Personnel when
the request is | ||||||
10 | made in the form and manner required by the Department of
State | ||||||
11 | Police. The information derived from this investigation,
| ||||||
12 | including the source of this information, and any conclusions | ||||||
13 | or
recommendations derived from this information by the | ||||||
14 | Director of
Personnel shall be provided to the applicant or | ||||||
15 | prospective employee, or
his designee, upon request to the | ||||||
16 | Director of Personnel prior to any
final action by the Director | ||||||
17 | of Personnel on the application. No
information obtained from | ||||||
18 | such investigation may be placed in any
automated information | ||||||
19 | system. Any criminal convictions and their
disposition | ||||||
20 | information obtained by the Director of Personnel shall be
| ||||||
21 | confidential and may not be transmitted outside the Office of | ||||||
22 | the
Secretary of State, except as required herein, and may not | ||||||
23 | be
transmitted to anyone within the Office of the Secretary of | ||||||
24 | State except
as needed for the purpose of evaluating the | ||||||
25 | application. The only
physical identity materials which the | ||||||
26 | applicant or prospective employee
can be required to provide |
| |||||||
| |||||||
1 | the Director of Personnel are photographs or
fingerprints; | ||||||
2 | these shall be returned to the applicant or prospective
| ||||||
3 | employee upon request to the Director of Personnel, after the
| ||||||
4 | investigation has been completed and no copy of these materials | ||||||
5 | may be
kept by the Director of Personnel or any agency to which | ||||||
6 | such identity
materials were transmitted. Only information and | ||||||
7 | standards which bear a
reasonable and rational relation to the | ||||||
8 | performance of an employee shall
be used by the Director of | ||||||
9 | Personnel. The Secretary of State shall
adopt rules and | ||||||
10 | regulations for the administration of this Section. Any
| ||||||
11 | employee of the Secretary of State who gives or causes to be | ||||||
12 | given away
any confidential information concerning any | ||||||
13 | criminal convictions and
their disposition of an applicant or | ||||||
14 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
15 | unless release of such information is
authorized by this | ||||||
16 | Section.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
18 | Section 40. The Comptroller Merit Employment Code is | ||||||
19 | amended by changing Section 10b.1 as follows:
| ||||||
20 | (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
| ||||||
21 | Sec. 10b.1. Competitive examinations. For open competitive | ||||||
22 | examinations
to test the relative fitness of applicants for the | ||||||
23 | respective positions.
Tests shall be designed to eliminate | ||||||
24 | those who are not qualified for entrance
into the Office of the |
| |||||||
| |||||||
1 | Comptroller and to discover the relative fitness
of those who | ||||||
2 | are qualified. The Director may use any one of or any | ||||||
3 | combination
of the following examination methods which in his | ||||||
4 | judgment best serves this
end: investigation of education and | ||||||
5 | experience; test of cultural knowledge;
test of capacity; test | ||||||
6 | of knowledge; test of manual skill; test of linguistic
ability; | ||||||
7 | test of character; test of physical skill; test of | ||||||
8 | psychological
fitness. No person with a record of misdemeanor | ||||||
9 | convictions except those
under Sections 11-1.50, 11-6, 11-7, | ||||||
10 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, | ||||||
11 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
12 | 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
13 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
14 | sub-sections 1, 6 and
8 of Section 24-1 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012 , or arrested for any cause
| ||||||
16 | but not convicted thereon shall be disqualified
from taking | ||||||
17 | such examinations or subsequent appointment unless the person
| ||||||
18 | is attempting to qualify for a position which entails financial
| ||||||
19 | responsibilities,
in which case the person's conviction or | ||||||
20 | arrest record
may be considered as a factor in determining the | ||||||
21 | person's fitness for the
position. All examinations shall be | ||||||
22 | announced publicly at least 2 weeks
in advance of the date of | ||||||
23 | examinations and may be advertised through the
press, radio or | ||||||
24 | other media.
| ||||||
25 | The Director may, at his or her discretion, accept the | ||||||
26 | results of
competitive examinations
conducted by any merit |
| |||||||
| |||||||
1 | system established by Federal law or by the law of
any State, | ||||||
2 | and may compile eligible lists therefrom or may add the names
| ||||||
3 | of successful candidates in examinations conducted by those | ||||||
4 | merit systems
to existing eligible lists in accordance with | ||||||
5 | their respective ratings.
No person who is a non-resident of | ||||||
6 | the State of Illinois may be appointed
from those eligible | ||||||
7 | lists, however, unless the requirement that applicants
be | ||||||
8 | residents of the State of Illinois is waived by the Director of | ||||||
9 | Human
Resources
and unless there are less than 3 Illinois | ||||||
10 | residents available for appointment
from the appropriate | ||||||
11 | eligible list. The results of the examinations conducted
by | ||||||
12 | other merit systems may not be used unless they are comparable | ||||||
13 | in difficulty
and comprehensiveness to examinations conducted | ||||||
14 | by the Department of Human
Resources
for similar positions. | ||||||
15 | Special linguistic options may also be established
where deemed | ||||||
16 | appropriate.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
18 | Section 45. The Alcoholism and Other Drug Abuse and | ||||||
19 | Dependency Act is amended by changing Section 40-5 as follows: | ||||||
20 | (20 ILCS 301/40-5) | ||||||
21 | Sec. 40-5. Election of treatment. An addict or alcoholic | ||||||
22 | who is charged
with or convicted of a crime or any other person | ||||||
23 | charged with or convicted of a misdemeanor violation of the Use | ||||||
24 | of Intoxicating Compounds Act and who has not been previously |
| |||||||
| |||||||
1 | convicted of a violation of that Act may elect treatment under | ||||||
2 | the supervision of a
licensed program designated by the | ||||||
3 | Department, referred to in this Article
as "designated | ||||||
4 | program", unless: | ||||||
5 | (1) the crime is a crime of violence; | ||||||
6 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
7 | 401(c) where the
person electing treatment has been | ||||||
8 | previously convicted of a non-probationable
felony or the | ||||||
9 | violation is non-probationable, 401(d) where the violation | ||||||
10 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
11 | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | ||||||
12 | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | ||||||
13 | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | ||||||
14 | 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine | ||||||
15 | Control and Community Protection Act or is otherwise | ||||||
16 | ineligible for probation under Section 70 of the | ||||||
17 | Methamphetamine Control and Community Protection Act; | ||||||
18 | (3) the person has a record of 2 or more convictions of | ||||||
19 | a crime of
violence; | ||||||
20 | (4) other criminal proceedings alleging commission of | ||||||
21 | a felony are pending
against the person; | ||||||
22 | (5) the person is on probation or parole and the | ||||||
23 | appropriate parole or
probation authority does not consent | ||||||
24 | to that election; | ||||||
25 | (6) the person elected and was admitted to a designated | ||||||
26 | program on 2 prior
occasions within any consecutive 2-year |
| |||||||
| |||||||
1 | period; | ||||||
2 | (7) the person has been convicted of residential | ||||||
3 | burglary and has a record
of one or more felony | ||||||
4 | convictions; | ||||||
5 | (8) the crime is a violation of Section 11-501 of the | ||||||
6 | Illinois Vehicle
Code or a similar provision of a local | ||||||
7 | ordinance; or | ||||||
8 | (9) the crime is a reckless homicide or a reckless | ||||||
9 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
10 | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012 , in
which the cause of death consists of the driving | ||||||
12 | of a motor vehicle by a person
under the influence of | ||||||
13 | alcohol or any other drug or drugs at the time of the
| ||||||
14 | violation. | ||||||
15 | (Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13.) | ||||||
16 | Section 50. The Personnel Code is amended by changing | ||||||
17 | Section 8b.1 as follows:
| ||||||
18 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
19 | Sec. 8b.1. For open competitive
examinations to test the | ||||||
20 | relative fitness of
applicants for the respective positions.
| ||||||
21 | Tests shall be designed to eliminate those who are not | ||||||
22 | qualified for
entrance into or promotion within the service, | ||||||
23 | and to discover the relative
fitness of those who are | ||||||
24 | qualified. The Director may use any one of or any
combination |
| |||||||
| |||||||
1 | of the following examination methods which in his judgment best
| ||||||
2 | serves this end: investigation of education; investigation of | ||||||
3 | experience;
test of cultural knowledge; test of capacity; test | ||||||
4 | of knowledge; test of
manual skill; test of linguistic ability; | ||||||
5 | test of character; test of
physical fitness; test of | ||||||
6 | psychological fitness. No person with a record of
misdemeanor | ||||||
7 | convictions except those under Sections 11-1.50, 11-6, 11-7, | ||||||
8 | 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, | ||||||
9 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, | ||||||
10 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
11 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
| ||||||
12 | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012, or
arrested for any cause | ||||||
14 | but not convicted thereon shall be disqualified from
taking | ||||||
15 | such examinations or subsequent appointment, unless the person | ||||||
16 | is
attempting to qualify for a position which would give him | ||||||
17 | the powers of a
peace officer, in which case the person's | ||||||
18 | conviction or arrest record may
be considered as a factor in | ||||||
19 | determining the person's fitness for the
position. The | ||||||
20 | eligibility conditions specified for the position of
Assistant | ||||||
21 | Director of Healthcare and Family Services in the Department of | ||||||
22 | Healthcare and Family Services in Section
5-230 of the | ||||||
23 | Departments of State Government Law (20 ILCS
5/5-230) shall be | ||||||
24 | applied to that position in addition to other
standards, tests | ||||||
25 | or criteria established by the Director. All examinations
shall | ||||||
26 | be announced publicly at least 2 weeks in advance of the date |
| |||||||
| |||||||
1 | of the
examinations and may be advertised through the press, | ||||||
2 | radio and other
media. The Director may, however, in his | ||||||
3 | discretion, continue to receive
applications and examine | ||||||
4 | candidates long enough to assure a sufficient
number of | ||||||
5 | eligibles to meet the needs of the service and may add the | ||||||
6 | names
of successful candidates to existing eligible lists in | ||||||
7 | accordance with
their respective ratings.
| ||||||
8 | The Director may, in his discretion, accept the results of | ||||||
9 | competitive
examinations conducted by any merit system | ||||||
10 | established by federal law or by
the law of any State, and may | ||||||
11 | compile eligible lists therefrom or may add
the names of | ||||||
12 | successful candidates in examinations conducted by those merit
| ||||||
13 | systems to existing eligible lists in accordance with their | ||||||
14 | respective
ratings. No person who is a non-resident of the | ||||||
15 | State of Illinois may be
appointed from those eligible lists, | ||||||
16 | however, unless the requirement that
applicants be residents of | ||||||
17 | the State of Illinois is waived by the Director
of Central | ||||||
18 | Management Services and unless there are less than 3 Illinois
| ||||||
19 | residents available
for appointment from the appropriate | ||||||
20 | eligible list. The results of the
examinations conducted by | ||||||
21 | other merit systems may not be used unless they
are comparable | ||||||
22 | in difficulty and comprehensiveness to examinations
conducted | ||||||
23 | by the Department of Central Management Services
for similar | ||||||
24 | positions. Special
linguistic options may also be established | ||||||
25 | where deemed appropriate.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | Section 55. The Children and Family Services Act is amended | ||||||
2 | by changing Sections 5, 7, and 9.3 as follows:
| ||||||
3 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
4 | Sec. 5. Direct child welfare services; Department of | ||||||
5 | Children and Family
Services. To provide direct child welfare | ||||||
6 | services when not available
through other public or private | ||||||
7 | child care or program facilities.
| ||||||
8 | (a) For purposes of this Section:
| ||||||
9 | (1) "Children" means persons found within the State who | ||||||
10 | are under the
age of 18 years. The term also includes | ||||||
11 | persons under age 21 who:
| ||||||
12 | (A) were committed to the Department pursuant to | ||||||
13 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
14 | 1987, as amended, prior to
the age of 18 and who | ||||||
15 | continue under the jurisdiction of the court; or
| ||||||
16 | (B) were accepted for care, service and training by
| ||||||
17 | the Department prior to the age of 18 and whose best | ||||||
18 | interest in the
discretion of the Department would be | ||||||
19 | served by continuing that care,
service and training | ||||||
20 | because of severe emotional disturbances, physical
| ||||||
21 | disability, social adjustment or any combination | ||||||
22 | thereof, or because of the
need to complete an | ||||||
23 | educational or vocational training program.
| ||||||
24 | (2) "Homeless youth" means persons found within the
|
| |||||||
| |||||||
1 | State who are under the age of 19, are not in a safe and | ||||||
2 | stable living
situation and cannot be reunited with their | ||||||
3 | families.
| ||||||
4 | (3) "Child welfare services" means public social | ||||||
5 | services which are
directed toward the accomplishment of | ||||||
6 | the following purposes:
| ||||||
7 | (A) protecting and promoting the health, safety | ||||||
8 | and welfare of
children,
including homeless, dependent | ||||||
9 | or neglected children;
| ||||||
10 | (B) remedying, or assisting in the solution
of | ||||||
11 | problems which may result in, the neglect, abuse, | ||||||
12 | exploitation or
delinquency of children;
| ||||||
13 | (C) preventing the unnecessary separation of | ||||||
14 | children
from their families by identifying family | ||||||
15 | problems, assisting families in
resolving their | ||||||
16 | problems, and preventing the breakup of the family
| ||||||
17 | where the prevention of child removal is desirable and | ||||||
18 | possible when the
child can be cared for at home | ||||||
19 | without endangering the child's health and
safety;
| ||||||
20 | (D) restoring to their families children who have | ||||||
21 | been
removed, by the provision of services to the child | ||||||
22 | and the families when the
child can be cared for at | ||||||
23 | home without endangering the child's health and
| ||||||
24 | safety;
| ||||||
25 | (E) placing children in suitable adoptive homes, | ||||||
26 | in
cases where restoration to the biological family is |
| |||||||
| |||||||
1 | not safe, possible or
appropriate;
| ||||||
2 | (F) assuring safe and adequate care of children | ||||||
3 | away from their
homes, in cases where the child cannot | ||||||
4 | be returned home or cannot be placed
for adoption. At | ||||||
5 | the time of placement, the Department shall consider
| ||||||
6 | concurrent planning,
as described in subsection (l-1) | ||||||
7 | of this Section so that permanency may
occur at the | ||||||
8 | earliest opportunity. Consideration should be given so | ||||||
9 | that if
reunification fails or is delayed, the | ||||||
10 | placement made is the best available
placement to | ||||||
11 | provide permanency for the child;
| ||||||
12 | (G) (blank);
| ||||||
13 | (H) (blank); and
| ||||||
14 | (I) placing and maintaining children in facilities | ||||||
15 | that provide
separate living quarters for children | ||||||
16 | under the age of 18 and for children
18 years of age | ||||||
17 | and older, unless a child 18 years of age is in the | ||||||
18 | last
year of high school education or vocational | ||||||
19 | training, in an approved
individual or group treatment | ||||||
20 | program, in a licensed shelter facility,
or secure | ||||||
21 | child care facility.
The Department is not required to | ||||||
22 | place or maintain children:
| ||||||
23 | (i) who are in a foster home, or
| ||||||
24 | (ii) who are persons with a developmental | ||||||
25 | disability, as defined in
the Mental
Health and | ||||||
26 | Developmental Disabilities Code, or
|
| |||||||
| |||||||
1 | (iii) who are female children who are | ||||||
2 | pregnant, pregnant and
parenting or parenting, or
| ||||||
3 | (iv) who are siblings, in facilities that | ||||||
4 | provide separate living quarters for children 18
| ||||||
5 | years of age and older and for children under 18 | ||||||
6 | years of age.
| ||||||
7 | (b) Nothing in this Section shall be construed to authorize | ||||||
8 | the
expenditure of public funds for the purpose of performing | ||||||
9 | abortions.
| ||||||
10 | (c) The Department shall establish and maintain | ||||||
11 | tax-supported child
welfare services and extend and seek to | ||||||
12 | improve voluntary services
throughout the State, to the end | ||||||
13 | that services and care shall be available
on an equal basis | ||||||
14 | throughout the State to children requiring such services.
| ||||||
15 | (d) The Director may authorize advance disbursements for | ||||||
16 | any new program
initiative to any agency contracting with the | ||||||
17 | Department. As a
prerequisite for an advance disbursement, the | ||||||
18 | contractor must post a
surety bond in the amount of the advance | ||||||
19 | disbursement and have a
purchase of service contract approved | ||||||
20 | by the Department. The Department
may pay up to 2 months | ||||||
21 | operational expenses in advance. The amount of the
advance | ||||||
22 | disbursement shall be prorated over the life of the contract
or | ||||||
23 | the remaining months of the fiscal year, whichever is less, and | ||||||
24 | the
installment amount shall then be deducted from future | ||||||
25 | bills. Advance
disbursement authorizations for new initiatives | ||||||
26 | shall not be made to any
agency after that agency has operated |
| |||||||
| |||||||
1 | during 2 consecutive fiscal years.
The requirements of this | ||||||
2 | Section concerning advance disbursements shall
not apply with | ||||||
3 | respect to the following: payments to local public agencies
for | ||||||
4 | child day care services as authorized by Section 5a of this | ||||||
5 | Act; and
youth service programs receiving grant funds under | ||||||
6 | Section 17a-4.
| ||||||
7 | (e) (Blank).
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) The Department shall establish rules and regulations | ||||||
10 | concerning
its operation of programs designed to meet the goals | ||||||
11 | of child safety and
protection,
family preservation, family | ||||||
12 | reunification, and adoption, including but not
limited to:
| ||||||
13 | (1) adoption;
| ||||||
14 | (2) foster care;
| ||||||
15 | (3) family counseling;
| ||||||
16 | (4) protective services;
| ||||||
17 | (5) (blank);
| ||||||
18 | (6) homemaker service;
| ||||||
19 | (7) return of runaway children;
| ||||||
20 | (8) (blank);
| ||||||
21 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
22 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
23 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
24 | Assistance and Child Welfare Act of
1980; and
| ||||||
25 | (10) interstate services.
| ||||||
26 | Rules and regulations established by the Department shall |
| |||||||
| |||||||
1 | include
provisions for training Department staff and the staff | ||||||
2 | of Department
grantees, through contracts with other agencies | ||||||
3 | or resources, in alcohol
and drug abuse screening techniques | ||||||
4 | approved by the Department of Human
Services, as a successor to | ||||||
5 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
6 | purpose of identifying children and adults who
should be | ||||||
7 | referred to an alcohol and drug abuse treatment program for
| ||||||
8 | professional evaluation.
| ||||||
9 | (h) If the Department finds that there is no appropriate | ||||||
10 | program or
facility within or available to the Department for a | ||||||
11 | ward and that no
licensed private facility has an adequate and | ||||||
12 | appropriate program or none
agrees to accept the ward, the | ||||||
13 | Department shall create an appropriate
individualized, | ||||||
14 | program-oriented plan for such ward. The
plan may be developed | ||||||
15 | within the Department or through purchase of services
by the | ||||||
16 | Department to the extent that it is within its statutory | ||||||
17 | authority
to do.
| ||||||
18 | (i) Service programs shall be available throughout the | ||||||
19 | State and shall
include but not be limited to the following | ||||||
20 | services:
| ||||||
21 | (1) case management;
| ||||||
22 | (2) homemakers;
| ||||||
23 | (3) counseling;
| ||||||
24 | (4) parent education;
| ||||||
25 | (5) day care; and
| ||||||
26 | (6) emergency assistance and advocacy.
|
| |||||||
| |||||||
1 | In addition, the following services may be made available | ||||||
2 | to assess and
meet the needs of children and families:
| ||||||
3 | (1) comprehensive family-based services;
| ||||||
4 | (2) assessments;
| ||||||
5 | (3) respite care; and
| ||||||
6 | (4) in-home health services.
| ||||||
7 | The Department shall provide transportation for any of the | ||||||
8 | services it
makes available to children or families or for | ||||||
9 | which it refers children
or families.
| ||||||
10 | (j) The Department may provide categories of financial | ||||||
11 | assistance and
education assistance grants, and shall
| ||||||
12 | establish rules and regulations concerning the assistance and | ||||||
13 | grants, to
persons who
adopt physically or mentally | ||||||
14 | handicapped, older and other hard-to-place
children who (i) | ||||||
15 | immediately prior to their adoption were legal wards of
the | ||||||
16 | Department
or (ii) were determined eligible for financial | ||||||
17 | assistance with respect to a
prior adoption and who become | ||||||
18 | available for adoption because the
prior adoption has been | ||||||
19 | dissolved and the parental rights of the adoptive
parents have | ||||||
20 | been
terminated or because the child's adoptive parents have | ||||||
21 | died.
The Department may continue to provide financial | ||||||
22 | assistance and education assistance grants for a child who was | ||||||
23 | determined eligible for financial assistance under this | ||||||
24 | subsection (j) in the interim period beginning when the child's | ||||||
25 | adoptive parents died and ending with the finalization of the | ||||||
26 | new adoption of the child by another adoptive parent or |
| |||||||
| |||||||
1 | parents. The Department may also provide categories of | ||||||
2 | financial
assistance and education assistance grants, and
| ||||||
3 | shall establish rules and regulations for the assistance and | ||||||
4 | grants, to persons
appointed guardian of the person under | ||||||
5 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
6 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
7 | who were wards of the Department for 12 months immediately
| ||||||
8 | prior to the appointment of the guardian.
| ||||||
9 | The amount of assistance may vary, depending upon the needs | ||||||
10 | of the child
and the adoptive parents,
as set forth in the | ||||||
11 | annual
assistance agreement. Special purpose grants are | ||||||
12 | allowed where the child
requires special service but such costs | ||||||
13 | may not exceed the amounts
which similar services would cost | ||||||
14 | the Department if it were to provide or
secure them as guardian | ||||||
15 | of the child.
| ||||||
16 | Any financial assistance provided under this subsection is
| ||||||
17 | inalienable by assignment, sale, execution, attachment, | ||||||
18 | garnishment, or any
other remedy for recovery or collection of | ||||||
19 | a judgment or debt.
| ||||||
20 | (j-5) The Department shall not deny or delay the placement | ||||||
21 | of a child for
adoption
if an approved family is available | ||||||
22 | either outside of the Department region
handling the case,
or | ||||||
23 | outside of the State of Illinois.
| ||||||
24 | (k) The Department shall accept for care and training any | ||||||
25 | child who has
been adjudicated neglected or abused, or | ||||||
26 | dependent committed to it pursuant
to the Juvenile Court Act or |
| |||||||
| |||||||
1 | the Juvenile Court Act of 1987.
| ||||||
2 | (l) The Department shall
offer family preservation | ||||||
3 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
4 | Child
Reporting Act, to help families, including adoptive and | ||||||
5 | extended families.
Family preservation
services shall be | ||||||
6 | offered (i) to prevent the
placement
of children in
substitute | ||||||
7 | care when the children can be cared for at home or in the | ||||||
8 | custody of
the person
responsible for the children's welfare,
| ||||||
9 | (ii) to
reunite children with their families, or (iii) to
| ||||||
10 | maintain an adoptive placement. Family preservation services | ||||||
11 | shall only be
offered when doing so will not endanger the | ||||||
12 | children's health or safety. With
respect to children who are | ||||||
13 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
14 | family preservation services shall not be offered if a goal | ||||||
15 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
16 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
17 | Nothing in this paragraph shall be construed to create a | ||||||
18 | private right of
action or claim on the part of any individual | ||||||
19 | or child welfare agency, except that when a child is the | ||||||
20 | subject of an action under Article II of the Juvenile Court Act | ||||||
21 | of 1987 and the child's service plan calls for services to | ||||||
22 | facilitate achievement of the permanency goal, the court | ||||||
23 | hearing the action under Article II of the Juvenile Court Act | ||||||
24 | of 1987 may order the Department to provide the services set | ||||||
25 | out in the plan, if those services are not provided with | ||||||
26 | reasonable promptness and if those services are available.
|
| |||||||
| |||||||
1 | The Department shall notify the child and his family of the
| ||||||
2 | Department's
responsibility to offer and provide family | ||||||
3 | preservation services as
identified in the service plan. The | ||||||
4 | child and his family shall be eligible
for services as soon as | ||||||
5 | the report is determined to be "indicated". The
Department may | ||||||
6 | offer services to any child or family with respect to whom a
| ||||||
7 | report of suspected child abuse or neglect has been filed, | ||||||
8 | prior to
concluding its investigation under Section 7.12 of the | ||||||
9 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
10 | or family's willingness to
accept services shall not be | ||||||
11 | considered in the investigation. The
Department may also | ||||||
12 | provide services to any child or family who is the
subject of | ||||||
13 | any report of suspected child abuse or neglect or may refer | ||||||
14 | such
child or family to services available from other agencies | ||||||
15 | in the community,
even if the report is determined to be | ||||||
16 | unfounded, if the conditions in the
child's or family's home | ||||||
17 | are reasonably likely to subject the child or
family to future | ||||||
18 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
19 | services shall be voluntary. The Department may also provide | ||||||
20 | services to any child or family after completion of a family | ||||||
21 | assessment, as an alternative to an investigation, as provided | ||||||
22 | under the "differential response program" provided for in | ||||||
23 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
24 | Child Reporting Act.
| ||||||
25 | The Department may, at its discretion except for those | ||||||
26 | children also
adjudicated neglected or dependent, accept for |
| |||||||
| |||||||
1 | care and training any child
who has been adjudicated addicted, | ||||||
2 | as a truant minor in need of
supervision or as a minor | ||||||
3 | requiring authoritative intervention, under the
Juvenile Court | ||||||
4 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
5 | be committed to the Department by any court without the | ||||||
6 | approval of
the Department. A minor charged with a criminal | ||||||
7 | offense under the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012 or adjudicated delinquent shall not be placed in the | ||||||
9 | custody of or
committed to the Department by any court, except | ||||||
10 | (i) a minor less than 15 years
of age committed to the | ||||||
11 | Department under Section 5-710 of the Juvenile Court
Act
of | ||||||
12 | 1987, (ii) a minor for whom an independent basis of abuse, | ||||||
13 | neglect, or dependency exists, which must be defined by | ||||||
14 | departmental rule, or (iii) a minor for whom the court has | ||||||
15 | granted a supplemental petition to reinstate wardship pursuant | ||||||
16 | to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
17 | 1987. An independent basis exists when the allegations or | ||||||
18 | adjudication of abuse, neglect, or dependency do not arise from | ||||||
19 | the same facts, incident, or circumstances which give rise to a | ||||||
20 | charge or adjudication of delinquency.
| ||||||
21 | As soon as is possible after August 7, 2009 (the effective | ||||||
22 | date of Public Act 96-134), the Department shall develop and | ||||||
23 | implement a special program of family preservation services to | ||||||
24 | support intact, foster, and adoptive families who are | ||||||
25 | experiencing extreme hardships due to the difficulty and stress | ||||||
26 | of caring for a child who has been diagnosed with a pervasive |
| |||||||
| |||||||
1 | developmental disorder if the Department determines that those | ||||||
2 | services are necessary to ensure the health and safety of the | ||||||
3 | child. The Department may offer services to any family whether | ||||||
4 | or not a report has been filed under the Abused and Neglected | ||||||
5 | Child Reporting Act. The Department may refer the child or | ||||||
6 | family to services available from other agencies in the | ||||||
7 | community if the conditions in the child's or family's home are | ||||||
8 | reasonably likely to subject the child or family to future | ||||||
9 | reports of suspected child abuse or neglect. Acceptance of | ||||||
10 | these services shall be voluntary. The Department shall develop | ||||||
11 | and implement a public information campaign to alert health and | ||||||
12 | social service providers and the general public about these | ||||||
13 | special family preservation services. The nature and scope of | ||||||
14 | the services offered and the number of families served under | ||||||
15 | the special program implemented under this paragraph shall be | ||||||
16 | determined by the level of funding that the Department annually | ||||||
17 | allocates for this purpose. The term "pervasive developmental | ||||||
18 | disorder" under this paragraph means a neurological condition, | ||||||
19 | including but not limited to, Asperger's Syndrome and autism, | ||||||
20 | as defined in the most recent edition of the Diagnostic and | ||||||
21 | Statistical Manual of Mental Disorders of the American | ||||||
22 | Psychiatric Association. | ||||||
23 | (l-1) The legislature recognizes that the best interests of | ||||||
24 | the child
require that
the child be placed in the most | ||||||
25 | permanent living arrangement as soon as is
practically
| ||||||
26 | possible. To achieve this goal, the legislature directs the |
| |||||||
| |||||||
1 | Department of
Children and
Family Services to conduct | ||||||
2 | concurrent planning so that permanency may occur at
the
| ||||||
3 | earliest opportunity. Permanent living arrangements may | ||||||
4 | include prevention of
placement of a child outside the home of | ||||||
5 | the family when the child can be cared
for at
home without | ||||||
6 | endangering the child's health or safety; reunification with | ||||||
7 | the
family,
when safe and appropriate, if temporary placement | ||||||
8 | is necessary; or movement of
the child
toward the most | ||||||
9 | permanent living arrangement and permanent legal status.
| ||||||
10 | When determining reasonable efforts to be made with respect | ||||||
11 | to a child, as
described in this
subsection, and in making such | ||||||
12 | reasonable efforts, the child's health and
safety shall be the
| ||||||
13 | paramount concern.
| ||||||
14 | When a child is placed in foster care, the Department shall | ||||||
15 | ensure and
document that reasonable efforts were made to | ||||||
16 | prevent or eliminate the need to
remove the child from the | ||||||
17 | child's home. The Department must make
reasonable efforts to | ||||||
18 | reunify the family when temporary placement of the child
occurs
| ||||||
19 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
20 | of 1987.
At any time after the dispositional hearing where the | ||||||
21 | Department believes
that further reunification services would | ||||||
22 | be ineffective, it may request a
finding from the court that | ||||||
23 | reasonable efforts are no longer appropriate. The
Department is | ||||||
24 | not required to provide further reunification services after | ||||||
25 | such
a
finding.
| ||||||
26 | A decision to place a child in substitute care shall be |
| |||||||
| |||||||
1 | made with
considerations of the child's health, safety, and | ||||||
2 | best interests. At the
time of placement, consideration should | ||||||
3 | also be given so that if reunification
fails or is delayed, the | ||||||
4 | placement made is the best available placement to
provide | ||||||
5 | permanency for the child.
| ||||||
6 | The Department shall adopt rules addressing concurrent | ||||||
7 | planning for
reunification and permanency. The Department | ||||||
8 | shall consider the following
factors when determining | ||||||
9 | appropriateness of concurrent planning:
| ||||||
10 | (1) the likelihood of prompt reunification;
| ||||||
11 | (2) the past history of the family;
| ||||||
12 | (3) the barriers to reunification being addressed by | ||||||
13 | the family;
| ||||||
14 | (4) the level of cooperation of the family;
| ||||||
15 | (5) the foster parents' willingness to work with the | ||||||
16 | family to reunite;
| ||||||
17 | (6) the willingness and ability of the foster family to | ||||||
18 | provide an
adoptive
home or long-term placement;
| ||||||
19 | (7) the age of the child;
| ||||||
20 | (8) placement of siblings.
| ||||||
21 | (m) The Department may assume temporary custody of any | ||||||
22 | child if:
| ||||||
23 | (1) it has received a written consent to such temporary | ||||||
24 | custody
signed by the parents of the child or by the parent | ||||||
25 | having custody of the
child if the parents are not living | ||||||
26 | together or by the guardian or
custodian of the child if |
| |||||||
| |||||||
1 | the child is not in the custody of either
parent, or
| ||||||
2 | (2) the child is found in the State and neither a | ||||||
3 | parent,
guardian nor custodian of the child can be located.
| ||||||
4 | If the child is found in his or her residence without a parent, | ||||||
5 | guardian,
custodian or responsible caretaker, the Department | ||||||
6 | may, instead of removing
the child and assuming temporary | ||||||
7 | custody, place an authorized
representative of the Department | ||||||
8 | in that residence until such time as a
parent, guardian or | ||||||
9 | custodian enters the home and expresses a willingness
and | ||||||
10 | apparent ability to ensure the child's health and safety and | ||||||
11 | resume
permanent
charge of the child, or until a
relative | ||||||
12 | enters the home and is willing and able to ensure the child's | ||||||
13 | health
and
safety and assume charge of the
child until a | ||||||
14 | parent, guardian or custodian enters the home and expresses
| ||||||
15 | such willingness and ability to ensure the child's safety and | ||||||
16 | resume
permanent charge. After a caretaker has remained in the | ||||||
17 | home for a period not
to exceed 12 hours, the Department must | ||||||
18 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
19 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
20 | The Department shall have the authority, responsibilities | ||||||
21 | and duties that
a legal custodian of the child would have | ||||||
22 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
23 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
24 | pursuant to an investigation under the Abused and
Neglected | ||||||
25 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
26 | under the Juvenile Court Act of 1987 of a minor in limited |
| |||||||
| |||||||
1 | custody, the
Department, during the period of temporary custody | ||||||
2 | and before the child
is brought before a judicial officer as | ||||||
3 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
4 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
5 | and duties that a legal custodian of the child
would have under | ||||||
6 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
7 | 1987.
| ||||||
8 | The Department shall ensure that any child taken into | ||||||
9 | custody
is scheduled for an appointment for a medical | ||||||
10 | examination.
| ||||||
11 | A parent, guardian or custodian of a child in the temporary | ||||||
12 | custody of the
Department who would have custody of the child | ||||||
13 | if he were not in the
temporary custody of the Department may | ||||||
14 | deliver to the Department a signed
request that the Department | ||||||
15 | surrender the temporary custody of the child.
The Department | ||||||
16 | may retain temporary custody of the child for 10 days after
the | ||||||
17 | receipt of the request, during which period the Department may | ||||||
18 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
19 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
20 | temporary custody of the
child until the court orders | ||||||
21 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
22 | the child shall be surrendered to the custody of the
requesting | ||||||
23 | parent, guardian or custodian not later than the expiration of
| ||||||
24 | the 10 day period, at which time the authority and duties of | ||||||
25 | the Department
with respect to the temporary custody of the | ||||||
26 | child shall terminate.
|
| |||||||
| |||||||
1 | (m-1) The Department may place children under 18 years of | ||||||
2 | age in a secure
child care facility licensed by the Department | ||||||
3 | that cares for children who are
in need of secure living | ||||||
4 | arrangements for their health, safety, and well-being
after a | ||||||
5 | determination is made by the facility director and the Director | ||||||
6 | or the
Director's designate prior to admission to the facility | ||||||
7 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
8 | This subsection (m-1) does not apply
to a child who is subject | ||||||
9 | to placement in a correctional facility operated
pursuant to | ||||||
10 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
11 | child is a ward who was placed under the care of the Department | ||||||
12 | before being
subject to placement in a correctional facility | ||||||
13 | and a court of competent
jurisdiction has ordered placement of | ||||||
14 | the child in a secure care facility.
| ||||||
15 | (n) The Department may place children under 18 years of age | ||||||
16 | in
licensed child care facilities when in the opinion of the | ||||||
17 | Department,
appropriate services aimed at family preservation | ||||||
18 | have been unsuccessful and
cannot ensure the child's health and | ||||||
19 | safety or are unavailable and such
placement would be for their | ||||||
20 | best interest. Payment
for board, clothing, care, training and | ||||||
21 | supervision of any child placed in
a licensed child care | ||||||
22 | facility may be made by the Department, by the
parents or | ||||||
23 | guardians of the estates of those children, or by both the
| ||||||
24 | Department and the parents or guardians, except that no | ||||||
25 | payments shall be
made by the Department for any child placed | ||||||
26 | in a licensed child care
facility for board, clothing, care, |
| |||||||
| |||||||
1 | training and supervision of such a
child that exceed the | ||||||
2 | average per capita cost of maintaining and of caring
for a | ||||||
3 | child in institutions for dependent or neglected children | ||||||
4 | operated by
the Department. However, such restriction on | ||||||
5 | payments does not apply in
cases where children require | ||||||
6 | specialized care and treatment for problems of
severe emotional | ||||||
7 | disturbance, physical disability, social adjustment, or
any | ||||||
8 | combination thereof and suitable facilities for the placement | ||||||
9 | of such
children are not available at payment rates within the | ||||||
10 | limitations set
forth in this Section. All reimbursements for | ||||||
11 | services delivered shall be
absolutely inalienable by | ||||||
12 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
13 | (n-1) The Department shall provide or authorize child | ||||||
14 | welfare services, aimed at assisting minors to achieve | ||||||
15 | sustainable self-sufficiency as independent adults, for any | ||||||
16 | minor eligible for the reinstatement of wardship pursuant to | ||||||
17 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
18 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
19 | provided that the minor consents to such services and has not | ||||||
20 | yet attained the age of 21. The Department shall have | ||||||
21 | responsibility for the development and delivery of services | ||||||
22 | under this Section. An eligible youth may access services under | ||||||
23 | this Section through the Department of Children and Family | ||||||
24 | Services or by referral from the Department of Human Services. | ||||||
25 | Youth participating in services under this Section shall | ||||||
26 | cooperate with the assigned case manager in developing an |
| |||||||
| |||||||
1 | agreement identifying the services to be provided and how the | ||||||
2 | youth will increase skills to achieve self-sufficiency. A | ||||||
3 | homeless shelter is not considered appropriate housing for any | ||||||
4 | youth receiving child welfare services under this Section. The | ||||||
5 | Department shall continue child welfare services under this | ||||||
6 | Section to any eligible minor until the minor becomes 21 years | ||||||
7 | of age, no longer consents to participate, or achieves | ||||||
8 | self-sufficiency as identified in the minor's service plan. The | ||||||
9 | Department of Children and Family Services shall create clear, | ||||||
10 | readable notice of the rights of former foster youth to child | ||||||
11 | welfare services under this Section and how such services may | ||||||
12 | be obtained. The Department of Children and Family Services and | ||||||
13 | the Department of Human Services shall disseminate this | ||||||
14 | information statewide. The Department shall adopt regulations | ||||||
15 | describing services intended to assist minors in achieving | ||||||
16 | sustainable self-sufficiency as independent adults. | ||||||
17 | (o) The Department shall establish an administrative | ||||||
18 | review and appeal
process for children and families who request | ||||||
19 | or receive child welfare
services from the Department. Children | ||||||
20 | who are wards of the Department and
are placed by private child | ||||||
21 | welfare agencies, and foster families with whom
those children | ||||||
22 | are placed, shall be afforded the same procedural and appeal
| ||||||
23 | rights as children and families in the case of placement by the | ||||||
24 | Department,
including the right to an initial review of a | ||||||
25 | private agency decision by
that agency. The Department shall | ||||||
26 | insure that any private child welfare
agency, which accepts |
| |||||||
| |||||||
1 | wards of the Department for placement, affords those
rights to | ||||||
2 | children and foster families. The Department shall accept for
| ||||||
3 | administrative review and an appeal hearing a complaint made by | ||||||
4 | (i) a child
or foster family concerning a decision following an | ||||||
5 | initial review by a
private child welfare agency or (ii) a | ||||||
6 | prospective adoptive parent who alleges
a violation of | ||||||
7 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
8 | concerning a change in the placement of a child shall be | ||||||
9 | conducted in an
expedited manner.
| ||||||
10 | (p) There is hereby created the Department of Children and | ||||||
11 | Family
Services Emergency Assistance Fund from which the | ||||||
12 | Department may provide
special financial assistance to | ||||||
13 | families which are in economic crisis when
such assistance is | ||||||
14 | not available through other public or private sources
and the | ||||||
15 | assistance is deemed necessary to prevent dissolution of the | ||||||
16 | family
unit or to reunite families which have been separated | ||||||
17 | due to child abuse and
neglect. The Department shall establish | ||||||
18 | administrative rules specifying
the criteria for determining | ||||||
19 | eligibility for and the amount and nature of
assistance to be | ||||||
20 | provided. The Department may also enter into written
agreements | ||||||
21 | with private and public social service agencies to provide
| ||||||
22 | emergency financial services to families referred by the | ||||||
23 | Department.
Special financial assistance payments shall be | ||||||
24 | available to a family no
more than once during each fiscal year | ||||||
25 | and the total payments to a
family may not exceed $500 during a | ||||||
26 | fiscal year.
|
| |||||||
| |||||||
1 | (q) The Department may receive and use, in their entirety, | ||||||
2 | for the
benefit of children any gift, donation or bequest of | ||||||
3 | money or other
property which is received on behalf of such | ||||||
4 | children, or any financial
benefits to which such children are | ||||||
5 | or may become entitled while under
the jurisdiction or care of | ||||||
6 | the Department.
| ||||||
7 | The Department shall set up and administer no-cost, | ||||||
8 | interest-bearing accounts in appropriate financial | ||||||
9 | institutions
for children for whom the Department is legally | ||||||
10 | responsible and who have been
determined eligible for Veterans' | ||||||
11 | Benefits, Social Security benefits,
assistance allotments from | ||||||
12 | the armed forces, court ordered payments, parental
voluntary | ||||||
13 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
14 | payments, Black Lung benefits, or other miscellaneous | ||||||
15 | payments. Interest
earned by each account shall be credited to | ||||||
16 | the account, unless
disbursed in accordance with this | ||||||
17 | subsection.
| ||||||
18 | In disbursing funds from children's accounts, the | ||||||
19 | Department
shall:
| ||||||
20 | (1) Establish standards in accordance with State and | ||||||
21 | federal laws for
disbursing money from children's | ||||||
22 | accounts. In all
circumstances,
the Department's | ||||||
23 | "Guardianship Administrator" or his or her designee must
| ||||||
24 | approve disbursements from children's accounts. The | ||||||
25 | Department
shall be responsible for keeping complete | ||||||
26 | records of all disbursements for each account for any |
| |||||||
| |||||||
1 | purpose.
| ||||||
2 | (2) Calculate on a monthly basis the amounts paid from | ||||||
3 | State funds for the
child's board and care, medical care | ||||||
4 | not covered under Medicaid, and social
services; and | ||||||
5 | utilize funds from the child's account, as
covered by | ||||||
6 | regulation, to reimburse those costs. Monthly, | ||||||
7 | disbursements from
all children's accounts, up to 1/12 of | ||||||
8 | $13,000,000, shall be
deposited by the Department into the | ||||||
9 | General Revenue Fund and the balance over
1/12 of | ||||||
10 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
11 | (3) Maintain any balance remaining after reimbursing | ||||||
12 | for the child's costs
of care, as specified in item (2). | ||||||
13 | The balance shall accumulate in accordance
with relevant | ||||||
14 | State and federal laws and shall be disbursed to the child | ||||||
15 | or his
or her guardian, or to the issuing agency.
| ||||||
16 | (r) The Department shall promulgate regulations | ||||||
17 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
18 | Department or its agent names and
addresses of all persons who | ||||||
19 | have applied for and have been approved for
adoption of a | ||||||
20 | hard-to-place or handicapped child and the names of such
| ||||||
21 | children who have not been placed for adoption. A list of such | ||||||
22 | names and
addresses shall be maintained by the Department or | ||||||
23 | its agent, and coded
lists which maintain the confidentiality | ||||||
24 | of the person seeking to adopt the
child and of the child shall | ||||||
25 | be made available, without charge, to every
adoption agency in | ||||||
26 | the State to assist the agencies in placing such
children for |
| |||||||
| |||||||
1 | adoption. The Department may delegate to an agent its duty to
| ||||||
2 | maintain and make available such lists. The Department shall | ||||||
3 | ensure that
such agent maintains the confidentiality of the | ||||||
4 | person seeking to adopt the
child and of the child.
| ||||||
5 | (s) The Department of Children and Family Services may | ||||||
6 | establish and
implement a program to reimburse Department and | ||||||
7 | private child welfare
agency foster parents licensed by the | ||||||
8 | Department of Children and Family
Services for damages | ||||||
9 | sustained by the foster parents as a result of the
malicious or | ||||||
10 | negligent acts of foster children, as well as providing third
| ||||||
11 | party coverage for such foster parents with regard to actions | ||||||
12 | of foster
children to other individuals. Such coverage will be | ||||||
13 | secondary to the
foster parent liability insurance policy, if | ||||||
14 | applicable. The program shall
be funded through appropriations | ||||||
15 | from the General Revenue Fund,
specifically designated for such | ||||||
16 | purposes.
| ||||||
17 | (t) The Department shall perform home studies and | ||||||
18 | investigations and
shall exercise supervision over visitation | ||||||
19 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
20 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
21 | (1) an order entered by an Illinois court specifically
| ||||||
22 | directs the Department to perform such services; and
| ||||||
23 | (2) the court has ordered one or both of the parties to
| ||||||
24 | the proceeding to reimburse the Department for its | ||||||
25 | reasonable costs for
providing such services in accordance | ||||||
26 | with Department rules, or has
determined that neither party |
| |||||||
| |||||||
1 | is financially able to pay.
| ||||||
2 | The Department shall provide written notification to the | ||||||
3 | court of the
specific arrangements for supervised visitation | ||||||
4 | and projected monthly costs
within 60 days of the court order. | ||||||
5 | The Department shall send to the court
information related to | ||||||
6 | the costs incurred except in cases where the court
has | ||||||
7 | determined the parties are financially unable to pay. The court | ||||||
8 | may
order additional periodic reports as appropriate.
| ||||||
9 | (u) In addition to other information that must be provided, | ||||||
10 | whenever the Department places a child with a prospective | ||||||
11 | adoptive parent or parents or in a licensed foster home,
group | ||||||
12 | home, child care institution, or in a relative home, the | ||||||
13 | Department
shall provide to the prospective adoptive parent or | ||||||
14 | parents or other caretaker:
| ||||||
15 | (1) available detailed information concerning the | ||||||
16 | child's educational
and health history, copies of | ||||||
17 | immunization records (including insurance
and medical card | ||||||
18 | information), a history of the child's previous | ||||||
19 | placements,
if any, and reasons for placement changes | ||||||
20 | excluding any information that
identifies or reveals the | ||||||
21 | location of any previous caretaker;
| ||||||
22 | (2) a copy of the child's portion of the client service | ||||||
23 | plan, including
any visitation arrangement, and all | ||||||
24 | amendments or revisions to it as
related to the child; and
| ||||||
25 | (3) information containing details of the child's | ||||||
26 | individualized
educational plan when the child is |
| |||||||
| |||||||
1 | receiving special education services.
| ||||||
2 | The caretaker shall be informed of any known social or | ||||||
3 | behavioral
information (including, but not limited to, | ||||||
4 | criminal background, fire
setting, perpetuation of
sexual | ||||||
5 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
6 | care
for and safeguard the children to be placed or currently | ||||||
7 | in the home. The Department may prepare a written summary of | ||||||
8 | the information required by this paragraph, which may be | ||||||
9 | provided to the foster or prospective adoptive parent in | ||||||
10 | advance of a placement. The foster or prospective adoptive | ||||||
11 | parent may review the supporting documents in the child's file | ||||||
12 | in the presence of casework staff. In the case of an emergency | ||||||
13 | placement, casework staff shall at least provide known | ||||||
14 | information verbally, if necessary, and must subsequently | ||||||
15 | provide the information in writing as required by this | ||||||
16 | subsection.
| ||||||
17 | The information described in this subsection shall be | ||||||
18 | provided in writing. In the case of emergency placements when | ||||||
19 | time does not allow prior review, preparation, and collection | ||||||
20 | of written information, the Department shall provide such | ||||||
21 | information as it becomes available. Within 10 business days | ||||||
22 | after placement, the Department shall obtain from the | ||||||
23 | prospective adoptive parent or parents or other caretaker a | ||||||
24 | signed verification of receipt of the information provided. | ||||||
25 | Within 10 business days after placement, the Department shall | ||||||
26 | provide to the child's guardian ad litem a copy of the |
| |||||||
| |||||||
1 | information provided to the prospective adoptive parent or | ||||||
2 | parents or other caretaker. The information provided to the | ||||||
3 | prospective adoptive parent or parents or other caretaker shall | ||||||
4 | be reviewed and approved regarding accuracy at the supervisory | ||||||
5 | level.
| ||||||
6 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
7 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
8 | of 1969 shall be eligible to
receive foster care payments from | ||||||
9 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
10 | were approved pursuant to approved
relative placement rules | ||||||
11 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
12 | 335 and had submitted an application for licensure as a foster | ||||||
13 | family
home may continue to receive foster care payments only | ||||||
14 | until the Department
determines that they may be licensed as a | ||||||
15 | foster family home or that their
application for licensure is | ||||||
16 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
17 | (v) The Department shall access criminal history record | ||||||
18 | information
as defined in the Illinois Uniform Conviction | ||||||
19 | Information Act and information
maintained in the adjudicatory | ||||||
20 | and dispositional record system as defined in
Section 2605-355 | ||||||
21 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
22 | if the Department determines the information is necessary to | ||||||
23 | perform its duties
under the Abused and Neglected Child | ||||||
24 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
25 | Family Services Act. The Department shall provide for
| ||||||
26 | interactive computerized communication and processing |
| |||||||
| |||||||
1 | equipment that permits
direct on-line communication with the | ||||||
2 | Department of State Police's central
criminal history data | ||||||
3 | repository. The Department shall comply with all
certification | ||||||
4 | requirements and provide certified operators who have been
| ||||||
5 | trained by personnel from the Department of State Police. In | ||||||
6 | addition, one
Office of the Inspector General investigator | ||||||
7 | shall have training in the use of
the criminal history | ||||||
8 | information access system and have
access to the terminal. The | ||||||
9 | Department of Children and Family Services and its
employees | ||||||
10 | shall abide by rules and regulations established by the | ||||||
11 | Department of
State Police relating to the access and | ||||||
12 | dissemination of
this information.
| ||||||
13 | (v-1) Prior to final approval for placement of a child, the | ||||||
14 | Department shall conduct a criminal records background check of | ||||||
15 | the prospective foster or adoptive parent, including | ||||||
16 | fingerprint-based checks of national crime information | ||||||
17 | databases. Final approval for placement shall not be granted if | ||||||
18 | the record check reveals a felony conviction for child abuse or | ||||||
19 | neglect, for spousal abuse, for a crime against children, or | ||||||
20 | for a crime involving violence, including rape, sexual assault, | ||||||
21 | or homicide, but not including other physical assault or | ||||||
22 | battery, or if there is a felony conviction for physical | ||||||
23 | assault, battery, or a drug-related offense committed within | ||||||
24 | the past 5 years. | ||||||
25 | (v-2) Prior to final approval for placement of a child, the | ||||||
26 | Department shall check its child abuse and neglect registry for |
| |||||||
| |||||||
1 | information concerning prospective foster and adoptive | ||||||
2 | parents, and any adult living in the home. If any prospective | ||||||
3 | foster or adoptive parent or other adult living in the home has | ||||||
4 | resided in another state in the preceding 5 years, the | ||||||
5 | Department shall request a check of that other state's child | ||||||
6 | abuse and neglect registry.
| ||||||
7 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
8 | of Public Act
89-392), the Department shall prepare and submit | ||||||
9 | to the Governor and the
General Assembly, a written plan for | ||||||
10 | the development of in-state licensed
secure child care | ||||||
11 | facilities that care for children who are in need of secure
| ||||||
12 | living
arrangements for their health, safety, and well-being. | ||||||
13 | For purposes of this
subsection, secure care facility shall | ||||||
14 | mean a facility that is designed and
operated to ensure that | ||||||
15 | all entrances and exits from the facility, a building
or a | ||||||
16 | distinct part of the building, are under the exclusive control | ||||||
17 | of the
staff of the facility, whether or not the child has the | ||||||
18 | freedom of movement
within the perimeter of the facility, | ||||||
19 | building, or distinct part of the
building. The plan shall | ||||||
20 | include descriptions of the types of facilities that
are needed | ||||||
21 | in Illinois; the cost of developing these secure care | ||||||
22 | facilities;
the estimated number of placements; the potential | ||||||
23 | cost savings resulting from
the movement of children currently | ||||||
24 | out-of-state who are projected to be
returned to Illinois; the | ||||||
25 | necessary geographic distribution of these
facilities in | ||||||
26 | Illinois; and a proposed timetable for development of such
|
| |||||||
| |||||||
1 | facilities. | ||||||
2 | (x) The Department shall conduct annual credit history | ||||||
3 | checks to determine the financial history of children placed | ||||||
4 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
5 | 1987. The Department shall conduct such credit checks starting | ||||||
6 | when a ward turns 12 years old and each year thereafter for the | ||||||
7 | duration of the guardianship as terminated pursuant to the | ||||||
8 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
9 | financial exploitation of the child's personal information has | ||||||
10 | occurred. If financial exploitation appears to have taken place | ||||||
11 | or is presently ongoing, the Department shall notify the proper | ||||||
12 | law enforcement agency, the proper State's Attorney, or the | ||||||
13 | Attorney General. | ||||||
14 | (y) Beginning on the effective date of this amendatory Act | ||||||
15 | of the 96th General Assembly, a child with a disability who | ||||||
16 | receives residential and educational services from the | ||||||
17 | Department shall be eligible to receive transition services in | ||||||
18 | accordance with Article 14 of the School Code from the age of | ||||||
19 | 14.5 through age 21, inclusive, notwithstanding the child's | ||||||
20 | residential services arrangement. For purposes of this | ||||||
21 | subsection, "child with a disability" means a child with a | ||||||
22 | disability as defined by the federal Individuals with | ||||||
23 | Disabilities Education Improvement Act of 2004. | ||||||
24 | (Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; | ||||||
25 | 95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09; | ||||||
26 | 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10; |
| |||||||
| |||||||
1 | 96-760, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1189, eff. | ||||||
2 | 7-22-10.)
| ||||||
3 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
4 | Sec. 7. Placement of children; considerations.
| ||||||
5 | (a) In placing any child under this Act, the Department | ||||||
6 | shall place the
child, as far as possible, in the care and | ||||||
7 | custody of some individual
holding the same religious belief as | ||||||
8 | the parents of the child, or with some
child care facility | ||||||
9 | which is operated by persons of like religious faith as
the | ||||||
10 | parents of such child.
| ||||||
11 | (a-5) In placing a child under this Act, the Department | ||||||
12 | shall place the child with the child's
sibling or siblings | ||||||
13 | under Section 7.4 of this Act unless the placement is not in | ||||||
14 | each child's best
interest, or is otherwise not possible under | ||||||
15 | the Department's rules. If the child is not
placed with a | ||||||
16 | sibling under the Department's rules, the Department shall | ||||||
17 | consider
placements that are likely to develop, preserve, | ||||||
18 | nurture, and support sibling relationships, where
doing so is | ||||||
19 | in each child's best interest. | ||||||
20 | (b) In placing a child under this Act, the Department may | ||||||
21 | place a child
with a relative if the Department determines that | ||||||
22 | the relative
will be able to adequately provide for the child's | ||||||
23 | safety and welfare based on the factors set forth in the | ||||||
24 | Department's rules governing relative placements, and that the | ||||||
25 | placement is consistent with the child's best interests, taking |
| |||||||
| |||||||
1 | into consideration the factors set out in subsection (4.05) of | ||||||
2 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
3 | When the Department first assumes custody of a child, in | ||||||
4 | placing that child under this Act, the Department shall make | ||||||
5 | reasonable efforts to identify and locate a relative who is | ||||||
6 | ready, willing, and able to care for the child. At a minimum, | ||||||
7 | these efforts shall be renewed each time the child requires a | ||||||
8 | placement change and it is appropriate for the child to be | ||||||
9 | cared for in a home environment. The Department must document | ||||||
10 | its efforts to identify and locate such a relative placement | ||||||
11 | and maintain the documentation in the child's case file. | ||||||
12 | If the Department determines that a placement with any | ||||||
13 | identified relative is not in the child's best interests or | ||||||
14 | that the relative does not meet the requirements to be a | ||||||
15 | relative caregiver, as set forth in Department rules or by | ||||||
16 | statute, the Department must document the basis for that | ||||||
17 | decision and maintain the documentation in the child's case | ||||||
18 | file.
| ||||||
19 | If, pursuant to the Department's rules, any person files an | ||||||
20 | administrative appeal of the Department's decision not to place | ||||||
21 | a child with a relative, it is the Department's burden to prove | ||||||
22 | that the decision is consistent with the child's best | ||||||
23 | interests. | ||||||
24 | When the Department determines that the child requires | ||||||
25 | placement in an environment, other than a home environment, the | ||||||
26 | Department shall continue to make reasonable efforts to |
| |||||||
| |||||||
1 | identify and locate relatives to serve as visitation resources | ||||||
2 | for the child and potential future placement resources, except | ||||||
3 | when the Department determines that those efforts would be | ||||||
4 | futile or inconsistent with the child's best interests. | ||||||
5 | If the Department determines that efforts to identify and | ||||||
6 | locate relatives would be futile or inconsistent with the | ||||||
7 | child's best interests, the Department shall document the basis | ||||||
8 | of its determination and maintain the documentation in the | ||||||
9 | child's case file. | ||||||
10 | If the Department determines that an individual or a group | ||||||
11 | of relatives are inappropriate to serve as visitation resources | ||||||
12 | or possible placement resources, the Department shall document | ||||||
13 | the basis of its determination and maintain the documentation | ||||||
14 | in the child's case file. | ||||||
15 | When the Department determines that an individual or a | ||||||
16 | group of relatives are appropriate to serve as visitation | ||||||
17 | resources or possible future placement resources, the | ||||||
18 | Department shall document the basis of its determination, | ||||||
19 | maintain the documentation in the child's case file, create a | ||||||
20 | visitation or transition plan, or both, and incorporate the | ||||||
21 | visitation or transition plan, or both, into the child's case | ||||||
22 | plan. For the purpose of this subsection, any determination as | ||||||
23 | to the child's best interests shall include consideration of | ||||||
24 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
25 | Juvenile Court Act of 1987.
| ||||||
26 | The Department may not place a child with a relative, with |
| |||||||
| |||||||
1 | the exception of
certain circumstances which may be waived as | ||||||
2 | defined by the Department in
rules, if the results of a check | ||||||
3 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
4 | a prior criminal conviction of the relative or
any adult member | ||||||
5 | of the relative's household for any of the following offenses
| ||||||
6 | under the Criminal Code of 1961 or the Criminal Code of 2012 :
| ||||||
7 | (1) murder;
| ||||||
8 | (1.1) solicitation of murder;
| ||||||
9 | (1.2) solicitation of murder for hire;
| ||||||
10 | (1.3) intentional homicide of an unborn child;
| ||||||
11 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
12 | (1.5) involuntary manslaughter;
| ||||||
13 | (1.6) reckless homicide;
| ||||||
14 | (1.7) concealment of a homicidal death;
| ||||||
15 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
16 | (1.9) reckless homicide of an unborn child;
| ||||||
17 | (1.10) drug-induced homicide;
| ||||||
18 | (2) a sex offense under Article 11, except offenses | ||||||
19 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
20 | 11-40, and 11-45;
| ||||||
21 | (3) kidnapping;
| ||||||
22 | (3.1) aggravated unlawful restraint;
| ||||||
23 | (3.2) forcible detention;
| ||||||
24 | (3.3) aiding and abetting child abduction;
| ||||||
25 | (4) aggravated kidnapping;
| ||||||
26 | (5) child abduction;
|
| |||||||
| |||||||
1 | (6) aggravated battery of a child as described in | ||||||
2 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
3 | (7) criminal sexual assault;
| ||||||
4 | (8) aggravated criminal sexual assault;
| ||||||
5 | (8.1) predatory criminal sexual assault of a child;
| ||||||
6 | (9) criminal sexual abuse;
| ||||||
7 | (10) aggravated sexual abuse;
| ||||||
8 | (11) heinous battery as described in Section 12-4.1 or | ||||||
9 | subdivision (a)(2) of Section 12-3.05;
| ||||||
10 | (12) aggravated battery with a firearm as described in | ||||||
11 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
12 | (e)(4) of Section 12-3.05;
| ||||||
13 | (13) tampering with food, drugs, or cosmetics;
| ||||||
14 | (14) drug-induced infliction of great bodily harm as | ||||||
15 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
16 | Section 12-3.05;
| ||||||
17 | (15) aggravated stalking;
| ||||||
18 | (16) home invasion;
| ||||||
19 | (17) vehicular invasion;
| ||||||
20 | (18) criminal transmission of HIV;
| ||||||
21 | (19) criminal abuse or neglect of an elderly or | ||||||
22 | disabled person as described in Section 12-21 or subsection | ||||||
23 | (b) of Section 12-4.4a;
| ||||||
24 | (20) child abandonment;
| ||||||
25 | (21) endangering the life or health of a child;
| ||||||
26 | (22) ritual mutilation;
|
| |||||||
| |||||||
1 | (23) ritualized abuse of a child;
| ||||||
2 | (24) an offense in any other state the elements of | ||||||
3 | which are similar and
bear a substantial relationship to | ||||||
4 | any of the foregoing offenses.
| ||||||
5 | For the purpose of this subsection, "relative" shall include
| ||||||
6 | any person, 21 years of age or over, other than the parent, who | ||||||
7 | (i) is
currently related to the child in any of the following | ||||||
8 | ways by blood or
adoption: grandparent, sibling, | ||||||
9 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
10 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
11 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
12 | step-father, step-mother, or adult
step-brother or | ||||||
13 | step-sister; "relative" also includes a person related in any
| ||||||
14 | of the foregoing ways to a sibling of a child, even though the | ||||||
15 | person is not
related to the child, when the
child and its | ||||||
16 | sibling are placed together with that person. For children who | ||||||
17 | have been in the guardianship of the Department, have been | ||||||
18 | adopted, and are subsequently returned to the temporary custody | ||||||
19 | or guardianship of the Department, a "relative" may also | ||||||
20 | include any person who would have qualified as a relative under | ||||||
21 | this paragraph prior to the adoption, but only if the | ||||||
22 | Department determines, and documents, that it would be in the | ||||||
23 | child's best interests to consider this person a relative, | ||||||
24 | based upon the factors for determining best interests set forth | ||||||
25 | in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||||||
26 | of 1987. A relative with
whom a child is placed pursuant to |
| |||||||
| |||||||
1 | this subsection may, but is not required to,
apply for | ||||||
2 | licensure as a foster family home pursuant to the Child Care | ||||||
3 | Act of
1969; provided, however, that as of July 1, 1995, foster | ||||||
4 | care payments shall be
made only to licensed foster family | ||||||
5 | homes pursuant to the terms of Section 5 of
this Act.
| ||||||
6 | (c) In placing a child under this Act, the Department shall | ||||||
7 | ensure that
the child's health, safety, and best interests are | ||||||
8 | met.
In rejecting placement of a child with an identified | ||||||
9 | relative, the Department shall ensure that the child's health, | ||||||
10 | safety, and best interests are met. In evaluating the best | ||||||
11 | interests of the child, the Department shall take into | ||||||
12 | consideration the factors set forth in subsection (4.05) of | ||||||
13 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
14 | The Department shall consider the individual needs of the
| ||||||
15 | child and the capacity of the prospective foster or adoptive
| ||||||
16 | parents to meet the needs of the child. When a child must be | ||||||
17 | placed
outside his or her home and cannot be immediately | ||||||
18 | returned to his or her
parents or guardian, a comprehensive, | ||||||
19 | individualized assessment shall be
performed of that child at | ||||||
20 | which time the needs of the child shall be
determined. Only if | ||||||
21 | race, color, or national origin is identified as a
legitimate | ||||||
22 | factor in advancing the child's best interests shall it be
| ||||||
23 | considered. Race, color, or national origin shall not be | ||||||
24 | routinely
considered in making a placement decision. The | ||||||
25 | Department shall make
special
efforts for the diligent | ||||||
26 | recruitment of potential foster and adoptive families
that |
| |||||||
| |||||||
1 | reflect the ethnic and racial diversity of the children for | ||||||
2 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
3 | shall include contacting and
working with community | ||||||
4 | organizations and religious organizations and may
include | ||||||
5 | contracting with those organizations, utilizing local media | ||||||
6 | and other
local resources, and conducting outreach activities.
| ||||||
7 | (c-1) At the time of placement, the Department shall | ||||||
8 | consider concurrent
planning, as described in subsection (l-1) | ||||||
9 | of Section 5, so that permanency may
occur at the earliest | ||||||
10 | opportunity. Consideration should be given so that if
| ||||||
11 | reunification fails or is delayed, the placement made is the | ||||||
12 | best available
placement to provide permanency for the child.
| ||||||
13 | (d) The Department may accept gifts, grants, offers of | ||||||
14 | services, and
other contributions to use in making special | ||||||
15 | recruitment efforts.
| ||||||
16 | (e) The Department in placing children in adoptive or | ||||||
17 | foster care homes
may not, in any policy or practice relating | ||||||
18 | to the placement of children for
adoption or foster care, | ||||||
19 | discriminate against any child or prospective adoptive
or | ||||||
20 | foster parent on the basis of race.
| ||||||
21 | (Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | ||||||
22 | 96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff. | ||||||
23 | 8-24-12; 97-1109, eff. 1-1-13.)
| ||||||
24 | (20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)
| ||||||
25 | Sec. 9.3. Declarations by Parents and Guardians. |
| |||||||
| |||||||
1 | Information requested
of parents and guardians shall be | ||||||
2 | submitted on forms or questionnaires prescribed
by the | ||||||
3 | Department or units of local government as the case may be and | ||||||
4 | shall
contain a written declaration to be signed by the parent | ||||||
5 | or guardian in substantially
the following form:
| ||||||
6 | "I declare under penalties of perjury that I have examined | ||||||
7 | this form or
questionnaire and all accompanying statements or | ||||||
8 | documents pertaining to
my income, or any other matter having | ||||||
9 | bearing upon my status and ability to
provide payment for care | ||||||
10 | and training of my child, and to the best of my
knowledge and | ||||||
11 | belief the information supplied is true, correct, and | ||||||
12 | complete".
| ||||||
13 | A person who makes and subscribes a form or questionnaire | ||||||
14 | which contains,
as herein above provided, a written declaration | ||||||
15 | that it is made under the
penalties of perjury, knowing it to | ||||||
16 | be false, incorrect or incomplete, in
respect to any material | ||||||
17 | statement or representative bearing upon his status
as a parent | ||||||
18 | or guardian, or upon his income, resources, or other matter
| ||||||
19 | concerning his ability to provide parental payment, shall be | ||||||
20 | subject to
the penalties for perjury provided for in Section | ||||||
21 | 32-2 of the " Criminal
Code of 2012 1961", approved July 28, | ||||||
22 | 1961, as amended .
| ||||||
23 | Parents who refuse to provide such information after three | ||||||
24 | written requests
from the Department will be liable for the | ||||||
25 | full cost of care provided,
from the commencement of such care | ||||||
26 | until the required information is received.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-1037.)
| ||||||
2 | Section 60. The Department of Natural Resources | ||||||
3 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
4 | is amended by changing Section 805-540 as follows:
| ||||||
5 | (20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
| ||||||
6 | Sec. 805-540. Enforcement of adjoining state's laws. The
| ||||||
7 | Director may
grant authority to the officers of any adjoining | ||||||
8 | state who are authorized and
directed to enforce the laws of | ||||||
9 | that state relating to the protection of flora
and fauna to | ||||||
10 | take any of the following actions and have the following powers
| ||||||
11 | within the State of Illinois:
| ||||||
12 | (1) To follow, seize, and return to the adjoining state | ||||||
13 | any flora or
fauna or part thereof shipped or taken from | ||||||
14 | the adjoining state in
violation of the laws of that state | ||||||
15 | and brought into this State.
| ||||||
16 | (2) To dispose of any such flora or fauna or part | ||||||
17 | thereof under the
supervision of an Illinois Conservation | ||||||
18 | Police Officer.
| ||||||
19 | (3) To enforce as an agent of this State, with the same | ||||||
20 | powers as an
Illinois Conservation Police Officer, each of | ||||||
21 | the following laws of this
State:
| ||||||
22 | (i) The Illinois Endangered Species Protection | ||||||
23 | Act.
| ||||||
24 | (ii) The Fish and Aquatic Life Code.
|
| |||||||
| |||||||
1 | (iii) The Wildlife Code.
| ||||||
2 | (iv) The Wildlife Habitat Management Areas Act.
| ||||||
3 | (v) Section 48-3 of the Criminal Code of 2012 1961 | ||||||
4 | (hunter or fisherman interference).
| ||||||
5 | (vi) The Illinois Non-Game Wildlife Protection | ||||||
6 | Act.
| ||||||
7 | (vii) The Ginseng Harvesting Act.
| ||||||
8 | (viii) The State Forest Act.
| ||||||
9 | (ix) The Forest Products Transportation Act.
| ||||||
10 | (x) The Timber Buyers Licensing Act.
| ||||||
11 | Any officer of an adjoining state acting under a power or | ||||||
12 | authority granted
by the Director pursuant to this
Section | ||||||
13 | shall act without compensation or other benefits from this | ||||||
14 | State and
without this State having any liability for the acts | ||||||
15 | or omissions of that
officer.
| ||||||
16 | (Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13.)
| ||||||
17 | Section 65. The Department of Natural Resources (Mines and | ||||||
18 | Minerals)
Law of the Civil Administrative Code of Illinois is | ||||||
19 | amended by changing Section 1905-110 as follows:
| ||||||
20 | (20 ILCS 1905/1905-110) (was 20 ILCS 1905/45.1)
| ||||||
21 | Sec. 1905-110. Verified documents; penalty for fraud. | ||||||
22 | Applications and other documents filed for the purpose of
| ||||||
23 | obtaining permits, certificates, or other licenses under Acts | ||||||
24 | administered
by the Department shall
be verified or contain
|
| |||||||
| |||||||
1 | written affirmation that they are signed under the penalties of | ||||||
2 | perjury. A
person who knowingly signs a fraudulent document | ||||||
3 | commits perjury as defined
in Section 32-2 of the Criminal Code | ||||||
4 | of 2012 1961 and for the purpose of this
Section shall be | ||||||
5 | guilty of a Class A misdemeanor.
| ||||||
6 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
7 | Section 70. The Department of Professional Regulation Law | ||||||
8 | of the
Civil Administrative Code of Illinois is amended by | ||||||
9 | changing Section 2105-25 as follows:
| ||||||
10 | (20 ILCS 2105/2105-25) (was 20 ILCS 2105/60.01)
| ||||||
11 | Sec. 2105-25. Perjury; penalty. Each document required to | ||||||
12 | be
filed under any Act
administered by the Department shall be | ||||||
13 | verified or contain a written
affirmation that it is signed | ||||||
14 | under the penalties of perjury. An applicant
or registrant who | ||||||
15 | knowingly signs a fraudulent document commits perjury as
| ||||||
16 | defined in Section 32-2 of the Criminal Code of 2012 1961 and | ||||||
17 | for the purpose of
this Section shall be guilty of a Class A | ||||||
18 | misdemeanor.
| ||||||
19 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
20 | Section 75. The Department of Revenue Law of the
Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Section | ||||||
22 | 2505-400 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
| ||||||
2 | Sec. 2505-400. Contracts for collection assistance.
| ||||||
3 | (a) The Department has the
power to contract for collection | ||||||
4 | assistance on a contingent fee
basis, with collection fees to | ||||||
5 | be retained by the collection agency and the
net collections to | ||||||
6 | be paid to the Department.
In the case of any liability | ||||||
7 | referred to a collection agency on or after July
1,
2003, any | ||||||
8 | fee
charged to the State by the collection agency shall be | ||||||
9 | considered additional
State tax of the
taxpayer imposed under | ||||||
10 | the Act under which the tax being collected was imposed,
shall | ||||||
11 | be
deemed assessed at the time payment of the tax is made to | ||||||
12 | the collection
agency,
and shall
be separately stated in any | ||||||
13 | statement or notice of the liability issued by the
collection | ||||||
14 | agency
to the taxpayer.
| ||||||
15 | (b) The Department has the power to enter into written | ||||||
16 | agreements with
State's Attorneys for pursuit of civil | ||||||
17 | liability under subsection (E) of Section 17-1 of the
Criminal | ||||||
18 | Code of 2012 1961 against persons who have issued to the | ||||||
19 | Department checks
or other orders in violation of the | ||||||
20 | provisions of paragraph (1) of subsection
(B) of Section 17-1 | ||||||
21 | of the Criminal Code of 2012 1961 . Of the amount collected, the
| ||||||
22 | Department shall retain the amount owing upon the dishonored | ||||||
23 | check or order
along with the dishonored check fee imposed | ||||||
24 | under the Uniform Penalty and
Interest Act. The balance of | ||||||
25 | damages, fees, and costs collected under subsection (E) of | ||||||
26 | Section
17-1 of the Criminal Code of 2012 1961 or under Section |
| |||||||
| |||||||
1 | 17-1a of that Code shall be retained by the State's Attorney.
| ||||||
2 | The agreement shall not affect the allocation of fines and | ||||||
3 | costs imposed in any
criminal prosecution.
| ||||||
4 | (c) The Department may issue the Secretary of the Treasury | ||||||
5 | of the United
States (or his or her delegate) notice, as | ||||||
6 | required by Section 6402(e) of the
Internal Revenue Code, of | ||||||
7 | any past due, legally enforceable State income tax
obligation | ||||||
8 | of a taxpayer. The Department must notify the taxpayer that any | ||||||
9 | fee
charged to the State by the Secretary of the Treasury of | ||||||
10 | the United States (or
his
or her delegate) under Internal | ||||||
11 | Revenue Code Section 6402(e) is
considered additional State | ||||||
12 | income tax of the taxpayer with respect to whom the
Department | ||||||
13 | issued the notice, and is deemed assessed upon issuance by
the | ||||||
14 | Department of notice to the Secretary of the Treasury of the | ||||||
15 | United States
(or his or her delegate) under Section 6402(e) of | ||||||
16 | the Internal Revenue Code; a
notice of additional State income | ||||||
17 | tax is not considered a notice of
deficiency, and the taxpayer | ||||||
18 | has no right of protest.
| ||||||
19 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
20 | Section 80. The Department of State Police Law of the
Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Sections | ||||||
22 | 2605-390 and 2605-585 as follows:
| ||||||
23 | (20 ILCS 2605/2605-390) (was 20 ILCS 2605/55a in part)
| ||||||
24 | Sec. 2605-390. Hate crimes.
|
| |||||||
| |||||||
1 | (a) To collect and disseminate information relating to
| ||||||
2 | "hate crimes" as defined under Section 12-7.1 of the Criminal | ||||||
3 | Code of 2012 1961
contingent upon the availability of State or
| ||||||
4 | federal funds to revise and upgrade the Illinois Uniform Crime | ||||||
5 | Reporting
System. All law enforcement agencies shall report | ||||||
6 | monthly to the Department concerning those offenses in the
form | ||||||
7 | and in the manner prescribed by rules and regulations adopted | ||||||
8 | by the Department. The information shall be compiled by the | ||||||
9 | Department and
be
disseminated upon request to any local law | ||||||
10 | enforcement agency, unit of
local government, or State agency. | ||||||
11 | Dissemination of the
information shall
be subject to all | ||||||
12 | confidentiality requirements otherwise imposed by law.
| ||||||
13 | (b) The Department shall provide training for State
Police
| ||||||
14 | officers in identifying, responding to, and reporting all hate | ||||||
15 | crimes.
The Illinois Law Enforcement Training Standards Board
| ||||||
16 | shall develop and certify a course of such training to be made | ||||||
17 | available to
local law enforcement officers.
| ||||||
18 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
19 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
20 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
21 | (20 ILCS 2605/2605-585) | ||||||
22 | Sec. 2605-585. Money Laundering Asset Recovery Fund. | ||||||
23 | Moneys and the sale proceeds distributed to the Department of | ||||||
24 | State Police pursuant to clause (h)(6)(C) of Section 29B-1 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 shall be |
| |||||||
| |||||||
1 | deposited in a special fund in the State treasury to be known | ||||||
2 | as the Money Laundering Asset Recovery Fund. The moneys | ||||||
3 | deposited in the Money Laundering Asset Recovery Fund shall be | ||||||
4 | appropriated to and administered by the Department of State | ||||||
5 | Police for State law enforcement purposes.
| ||||||
6 | (Source: P.A. 96-1234, eff. 7-23-10.) | ||||||
7 | Section 85. The Criminal Identification Act is amended by | ||||||
8 | changing Sections 2.1, 2.2, and 5.2 as follows:
| ||||||
9 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||||||
10 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
11 | accurate
criminal records of the Department of State Police, it | ||||||
12 | is necessary for all
policing bodies of this State, the clerk | ||||||
13 | of the circuit court, the Illinois
Department of Corrections, | ||||||
14 | the sheriff of each county, and State's Attorney
of each county | ||||||
15 | to submit certain criminal arrest, charge, and disposition
| ||||||
16 | information to the Department for filing at the earliest time | ||||||
17 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
18 | of all policing bodies
of this State, the clerk of the circuit | ||||||
19 | court, the Illinois Department of
Corrections, the sheriff of | ||||||
20 | each county, and the State's Attorney of each
county to report | ||||||
21 | such information as provided in this Section, both in the
form | ||||||
22 | and manner required by the Department and within 30 days of the
| ||||||
23 | criminal history event. Specifically:
| ||||||
24 | (a) Arrest Information. All agencies making arrests for |
| |||||||
| |||||||
1 | offenses which
are required by statute to be collected, | ||||||
2 | maintained or disseminated by the
Department of State Police | ||||||
3 | shall be responsible
for furnishing daily to the Department | ||||||
4 | fingerprints, charges and
descriptions of all persons who are | ||||||
5 | arrested for such offenses. All such
agencies shall also notify | ||||||
6 | the Department of all decisions by the arresting
agency not to | ||||||
7 | refer
such arrests for prosecution. With approval of the | ||||||
8 | Department, an agency
making such arrests may enter into
| ||||||
9 | arrangements with other agencies for the purpose of furnishing | ||||||
10 | daily such
fingerprints, charges and descriptions to the | ||||||
11 | Department upon its behalf.
| ||||||
12 | (b) Charge Information. The State's Attorney of each county | ||||||
13 | shall notify
the Department of all charges filed and all | ||||||
14 | petitions filed alleging that a
minor is delinquent, including | ||||||
15 | all those added subsequent
to the filing of a case, and whether | ||||||
16 | charges were not filed
in cases for which the Department has | ||||||
17 | received information
required to be reported pursuant to | ||||||
18 | paragraph (a) of this Section.
With approval of the Department, | ||||||
19 | the State's Attorney may enter into
arrangements with other | ||||||
20 | agencies for the
purpose of furnishing the information required | ||||||
21 | by this subsection (b) to the
Department upon the State's | ||||||
22 | Attorney's behalf.
| ||||||
23 | (c) Disposition Information. The clerk of the circuit court | ||||||
24 | of each county
shall furnish the Department, in the form and | ||||||
25 | manner required by the Supreme
Court, with all final | ||||||
26 | dispositions of cases for which the Department
has received |
| |||||||
| |||||||
1 | information required to be reported pursuant to paragraph (a)
| ||||||
2 | or (d) of this Section. Such information shall include, for | ||||||
3 | each charge,
all (1) judgments of not guilty, judgments of | ||||||
4 | guilty including the sentence
pronounced by the court,
findings | ||||||
5 | that a minor is delinquent
and any sentence made based on those | ||||||
6 | findings,
discharges and dismissals in the court; (2)
reviewing | ||||||
7 | court orders filed with the clerk of the circuit court which
| ||||||
8 | reverse or remand a reported conviction
or findings that a | ||||||
9 | minor is delinquent
or that vacate or modify a sentence
or | ||||||
10 | sentence made following a trial that a minor is
delinquent;
(3)
| ||||||
11 | continuances to a date certain in furtherance of an order of | ||||||
12 | supervision
granted under Section 5-6-1 of the Unified Code of | ||||||
13 | Corrections or an order
of probation granted under Section 10 | ||||||
14 | of the Cannabis Control Act, Section
410 of the Illinois | ||||||
15 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
16 | Control and Community Protection Act, Section 12-4.3 or | ||||||
17 | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 , Section 10-102 of the | ||||||
19 | Illinois Alcoholism and
Other Drug Dependency Act, Section | ||||||
20 | 40-10 of the Alcoholism and Other Drug
Abuse and Dependency | ||||||
21 | Act, Section 10 of the Steroid Control Act, or
Section 5-615 of | ||||||
22 | the Juvenile Court Act of 1987; and
(4) judgments or court | ||||||
23 | orders terminating or revoking a sentence
to or juvenile | ||||||
24 | disposition of probation, supervision or conditional
discharge | ||||||
25 | and any resentencing
or new court orders entered by a juvenile | ||||||
26 | court relating to the disposition
of a minor's case involving |
| |||||||
| |||||||
1 | delinquency
after such revocation.
| ||||||
2 | (d) Fingerprints After Sentencing.
| ||||||
3 | (1) After the court pronounces sentence,
sentences a | ||||||
4 | minor following a trial in which a minor was found to be
| ||||||
5 | delinquent
or issues an order of supervision or an order of | ||||||
6 | probation granted under
Section 10 of the Cannabis Control | ||||||
7 | Act, Section 410 of the Illinois
Controlled Substances Act, | ||||||
8 | Section 70 of the Methamphetamine Control and Community | ||||||
9 | Protection Act, Section 12-4.3 or subdivision (b)(1) of | ||||||
10 | Section 12-3.05 of the Criminal Code of
1961 or the | ||||||
11 | Criminal Code of 2012 , Section 10-102 of the Illinois | ||||||
12 | Alcoholism and Other Drug Dependency
Act, Section 40-10 of | ||||||
13 | the Alcoholism and Other Drug Abuse and Dependency
Act, | ||||||
14 | Section 10 of the Steroid Control Act, or Section
5-615 of
| ||||||
15 | the Juvenile Court Act of 1987 for any offense which
is | ||||||
16 | required by statute to be collected,
maintained, or | ||||||
17 | disseminated by the Department of State Police, the State's
| ||||||
18 | Attorney of each county shall ask the court to order a law | ||||||
19 | enforcement
agency to fingerprint immediately all persons | ||||||
20 | appearing before the court
who have not previously been | ||||||
21 | fingerprinted for the same case. The court
shall so order | ||||||
22 | the requested fingerprinting, if it determines that any | ||||||
23 | such
person has not previously been fingerprinted for the | ||||||
24 | same case. The law
enforcement agency shall submit such | ||||||
25 | fingerprints to the Department daily.
| ||||||
26 | (2) After the court pronounces sentence or makes a |
| |||||||
| |||||||
1 | disposition of a case
following a finding of delinquency | ||||||
2 | for any offense which is not
required by statute to be | ||||||
3 | collected, maintained, or disseminated by the
Department | ||||||
4 | of State Police, the prosecuting attorney may ask the court | ||||||
5 | to
order a law enforcement agency to fingerprint | ||||||
6 | immediately all persons
appearing before the court who have | ||||||
7 | not previously been fingerprinted for
the same case. The | ||||||
8 | court may so order the requested fingerprinting, if it
| ||||||
9 | determines that any so sentenced person has not previously | ||||||
10 | been
fingerprinted for the same case. The law enforcement | ||||||
11 | agency may retain
such fingerprints in its files.
| ||||||
12 | (e) Corrections Information. The Illinois Department of | ||||||
13 | Corrections and
the sheriff of each county shall furnish the | ||||||
14 | Department with all information
concerning the receipt, | ||||||
15 | escape, execution, death, release, pardon, parole,
commutation | ||||||
16 | of sentence, granting of executive clemency or discharge of
an | ||||||
17 | individual who has been sentenced or committed to the agency's | ||||||
18 | custody
for any offenses
which are mandated by statute to be | ||||||
19 | collected, maintained or disseminated
by the Department of | ||||||
20 | State Police. For an individual who has been charged
with any | ||||||
21 | such offense and who escapes from custody or dies while in
| ||||||
22 | custody, all information concerning the receipt and escape or | ||||||
23 | death,
whichever is appropriate, shall also be so furnished to | ||||||
24 | the Department.
| ||||||
25 | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (20 ILCS 2630/2.2) | ||||||
2 | Sec. 2.2. Notification to the Department. Upon judgment of | ||||||
3 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
4 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or Criminal Code | ||||||
5 | of 2012 when the
defendant has been determined, pursuant to | ||||||
6 | Section 112A-11.1 of the Code of Criminal Procedure of 1963 ,
to | ||||||
7 | be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | ||||||
8 | circuit court clerk shall
include notification and a copy of | ||||||
9 | the written determination in a report
of the conviction to the | ||||||
10 | Department of State Police Firearm Owner's Identification Card | ||||||
11 | Office to
enable the office to perform its duties under | ||||||
12 | Sections 4 and 8 of the Firearm Owners Identification Card Act | ||||||
13 | and to report that determination to the Federal Bureau
of | ||||||
14 | Investigation to assist the Bureau in identifying persons | ||||||
15 | prohibited
from purchasing and possessing a firearm pursuant to | ||||||
16 | the provisions of
18 U.S.C. 922. The written determination | ||||||
17 | described in this Section shall be included in the defendant's | ||||||
18 | record of arrest and conviction in the manner and form | ||||||
19 | prescribed by the Department of State Police.
| ||||||
20 | (Source: P.A. 97-1131, eff. 1-1-13; revised 10-10-12.)
| ||||||
21 | (20 ILCS 2630/5.2)
| ||||||
22 | Sec. 5.2. Expungement and sealing. | ||||||
23 | (a) General Provisions. | ||||||
24 | (1) Definitions. In this Act, words and phrases have
| ||||||
25 | the meanings set forth in this subsection, except when a
|
| |||||||
| |||||||
1 | particular context clearly requires a different meaning. | ||||||
2 | (A) The following terms shall have the meanings | ||||||
3 | ascribed to them in the Unified Code of Corrections, | ||||||
4 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
5 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
6 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
7 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
8 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
9 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
10 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
11 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
12 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
13 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
14 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
15 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
16 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
17 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
18 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
19 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
20 | (B) As used in this Section, "charge not initiated | ||||||
21 | by arrest" means a charge (as defined by 730 ILCS | ||||||
22 | 5/5-1-3) brought against a defendant where the | ||||||
23 | defendant is not arrested prior to or as a direct | ||||||
24 | result of the charge. | ||||||
25 | (C) "Conviction" means a judgment of conviction or | ||||||
26 | sentence entered upon a plea of guilty or upon a |
| |||||||
| |||||||
1 | verdict or finding of guilty of an offense, rendered by | ||||||
2 | a legally constituted jury or by a court of competent | ||||||
3 | jurisdiction authorized to try the case without a jury. | ||||||
4 | An order of supervision successfully completed by the | ||||||
5 | petitioner is not a conviction. An order of qualified | ||||||
6 | probation (as defined in subsection (a)(1)(J)) | ||||||
7 | successfully completed by the petitioner is not a | ||||||
8 | conviction. An order of supervision or an order of | ||||||
9 | qualified probation that is terminated | ||||||
10 | unsatisfactorily is a conviction, unless the | ||||||
11 | unsatisfactory termination is reversed, vacated, or | ||||||
12 | modified and the judgment of conviction, if any, is | ||||||
13 | reversed or vacated. | ||||||
14 | (D) "Criminal offense" means a petty offense, | ||||||
15 | business offense, misdemeanor, felony, or municipal | ||||||
16 | ordinance violation (as defined in subsection | ||||||
17 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
18 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
19 | be considered a criminal offense. | ||||||
20 | (E) "Expunge" means to physically destroy the | ||||||
21 | records or return them to the petitioner and to | ||||||
22 | obliterate the petitioner's name from any official | ||||||
23 | index or public record, or both. Nothing in this Act | ||||||
24 | shall require the physical destruction of the circuit | ||||||
25 | court file, but such records relating to arrests or | ||||||
26 | charges, or both, ordered expunged shall be impounded |
| |||||||
| |||||||
1 | as required by subsections (d)(9)(A)(ii) and | ||||||
2 | (d)(9)(B)(ii). | ||||||
3 | (F) As used in this Section, "last sentence" means | ||||||
4 | the sentence, order of supervision, or order of | ||||||
5 | qualified probation (as defined by subsection | ||||||
6 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
7 | subsection (a)(1)(D)) that terminates last in time in | ||||||
8 | any jurisdiction, regardless of whether the petitioner | ||||||
9 | has included the criminal offense for which the | ||||||
10 | sentence or order of supervision or qualified | ||||||
11 | probation was imposed in his or her petition. If | ||||||
12 | multiple sentences, orders of supervision, or orders | ||||||
13 | of qualified probation terminate on the same day and | ||||||
14 | are last in time, they shall be collectively considered | ||||||
15 | the "last sentence" regardless of whether they were | ||||||
16 | ordered to run concurrently. | ||||||
17 | (G) "Minor traffic offense" means a petty offense, | ||||||
18 | business offense, or Class C misdemeanor under the | ||||||
19 | Illinois Vehicle Code or a similar provision of a | ||||||
20 | municipal or local ordinance. | ||||||
21 | (H) "Municipal ordinance violation" means an | ||||||
22 | offense defined by a municipal or local ordinance that | ||||||
23 | is criminal in nature and with which the petitioner was | ||||||
24 | charged or for which the petitioner was arrested and | ||||||
25 | released without charging. | ||||||
26 | (I) "Petitioner" means an adult or a minor |
| |||||||
| |||||||
1 | prosecuted as an
adult who has applied for relief under | ||||||
2 | this Section. | ||||||
3 | (J) "Qualified probation" means an order of | ||||||
4 | probation under Section 10 of the Cannabis Control Act, | ||||||
5 | Section 410 of the Illinois Controlled Substances Act, | ||||||
6 | Section 70 of the Methamphetamine Control and | ||||||
7 | Community Protection Act, Section 5-6-3.3 of the | ||||||
8 | Unified Code of Corrections, Section 12-4.3(b)(1) and | ||||||
9 | (2) of the Criminal Code of 1961 (as those provisions | ||||||
10 | existed before their deletion by Public Act 89-313), | ||||||
11 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
12 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
13 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
14 | of the Steroid Control Act. For the purpose of this | ||||||
15 | Section, "successful completion" of an order of | ||||||
16 | qualified probation under Section 10-102 of the | ||||||
17 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
18 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
19 | and Dependency Act means that the probation was | ||||||
20 | terminated satisfactorily and the judgment of | ||||||
21 | conviction was vacated. | ||||||
22 | (K) "Seal" means to physically and electronically | ||||||
23 | maintain the records, unless the records would | ||||||
24 | otherwise be destroyed due to age, but to make the | ||||||
25 | records unavailable without a court order, subject to | ||||||
26 | the exceptions in Sections 12 and 13 of this Act. The |
| |||||||
| |||||||
1 | petitioner's name shall also be obliterated from the | ||||||
2 | official index required to be kept by the circuit court | ||||||
3 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
4 | any index issued by the circuit court clerk before the | ||||||
5 | entry of the order to seal shall not be affected. | ||||||
6 | (L) "Sexual offense committed against a minor" | ||||||
7 | includes but is
not limited to the offenses of indecent | ||||||
8 | solicitation of a child
or criminal sexual abuse when | ||||||
9 | the victim of such offense is
under 18 years 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. | ||||||
15 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
16 | convictions for minor traffic offenses shall not affect a | ||||||
17 | petitioner's eligibility to expunge or seal records | ||||||
18 | pursuant to this Section. | ||||||
19 | (3) Exclusions. Except as otherwise provided in | ||||||
20 | subsections (b)(5), (b)(6), (e), and (e-5) of this Section, | ||||||
21 | 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 |
| |||||||
| |||||||
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 provision | ||||||
6 | of a local ordinance, that occurred prior to the | ||||||
7 | offender reaching the age of 25 years and the offender | ||||||
8 | has no other conviction for violating Section 11-501 or | ||||||
9 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
10 | 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, an order of qualified probation | ||||||
18 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
19 | for the following offenses: | ||||||
20 | (i) offenses included in Article 11 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
22 | or a similar provision of a local ordinance, except | ||||||
23 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, or a similar provision of a | ||||||
25 | local ordinance; | ||||||
26 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
| |||||||
| |||||||
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) offenses defined as "crimes of violence" | ||||||
5 | in Section 2 of the Crime Victims Compensation Act | ||||||
6 | or a similar provision of a local ordinance; | ||||||
7 | (iv) offenses which are Class A misdemeanors | ||||||
8 | under the Humane Care for Animals Act; or | ||||||
9 | (v) any offense or attempted offense that | ||||||
10 | would subject a person to registration under the | ||||||
11 | Sex Offender Registration Act. | ||||||
12 | (D) the sealing of the records of an arrest which | ||||||
13 | results in
the petitioner being charged with a felony | ||||||
14 | offense or records of a charge not initiated by arrest | ||||||
15 | for a felony offense unless: | ||||||
16 | (i) the charge is amended to a misdemeanor and | ||||||
17 | is otherwise
eligible to be sealed pursuant to | ||||||
18 | subsection (c); | ||||||
19 | (ii) the charge is brought along with another | ||||||
20 | charge as a part of one case and the charge results | ||||||
21 | in acquittal, dismissal, or conviction when the | ||||||
22 | conviction was reversed or vacated, and another | ||||||
23 | charge brought in the same case results in a | ||||||
24 | disposition for a misdemeanor offense that is | ||||||
25 | eligible to be sealed pursuant to subsection (c) or | ||||||
26 | a disposition listed in paragraph (i), (iii), or |
| |||||||
| |||||||
1 | (iv) of this subsection; | ||||||
2 | (iii) the charge results in first offender | ||||||
3 | probation as set forth in subsection (c)(2)(E); | ||||||
4 | (iv) the charge is for a Class 4 felony offense | ||||||
5 | listed in subsection (c)(2)(F) or the charge is | ||||||
6 | amended to a Class 4 felony offense listed in | ||||||
7 | subsection (c)(2)(F). Records of arrests which | ||||||
8 | result in the petitioner being charged with a Class | ||||||
9 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
10 | records of charges not initiated by arrest for | ||||||
11 | Class 4 felony offenses listed in subsection | ||||||
12 | (c)(2)(F), and records of charges amended to a | ||||||
13 | Class 4 felony offense listed in (c)(2)(F) may be | ||||||
14 | sealed, regardless of the disposition, subject to | ||||||
15 | any waiting periods set forth in subsection | ||||||
16 | (c)(3); | ||||||
17 | (v) the charge results in acquittal, | ||||||
18 | dismissal, or the petitioner's release without | ||||||
19 | conviction; or | ||||||
20 | (vi) the charge results in a conviction, but | ||||||
21 | the conviction was reversed or vacated. | ||||||
22 | (b) Expungement. | ||||||
23 | (1) A petitioner may petition the circuit court to | ||||||
24 | expunge the
records of his or her arrests and charges not | ||||||
25 | initiated by arrest when: | ||||||
26 | (A) He or she has never been convicted of a |
| |||||||
| |||||||
1 | criminal offense; and | ||||||
2 | (B) Each arrest or charge not initiated by arrest
| ||||||
3 | sought to be expunged resulted in:
(i) acquittal, | ||||||
4 | dismissal, or the petitioner's release without | ||||||
5 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
6 | (ii) a conviction which was vacated or reversed, unless | ||||||
7 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
8 | supervision and such supervision was successfully | ||||||
9 | completed by the petitioner, unless excluded by | ||||||
10 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
11 | qualified probation (as defined in subsection | ||||||
12 | (a)(1)(J)) and such probation was successfully | ||||||
13 | completed by the petitioner. | ||||||
14 | (2) Time frame for filing a petition to expunge. | ||||||
15 | (A) When the arrest or charge not initiated by | ||||||
16 | arrest sought to be expunged resulted in an acquittal, | ||||||
17 | dismissal, the petitioner's release without charging, | ||||||
18 | or the reversal or vacation of a conviction, there is | ||||||
19 | no waiting period to petition for the expungement of | ||||||
20 | such records. | ||||||
21 | (B) When the arrest or charge not initiated by | ||||||
22 | arrest
sought to be expunged resulted in an order of | ||||||
23 | supervision, successfully
completed by the petitioner, | ||||||
24 | the following time frames will apply: | ||||||
25 | (i) Those arrests or charges that resulted in | ||||||
26 | orders of
supervision under Section 3-707, 3-708, |
| |||||||
| |||||||
1 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
2 | similar provision of a local ordinance, or under | ||||||
3 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
5 | similar provision of a local ordinance, shall not | ||||||
6 | be eligible for expungement until 5 years have | ||||||
7 | passed following the satisfactory termination of | ||||||
8 | the supervision. | ||||||
9 | (i-5) Those arrests or charges that resulted | ||||||
10 | in orders of supervision for a misdemeanor | ||||||
11 | violation of subsection (a) of Section 11-503 of | ||||||
12 | the Illinois Vehicle Code or a similar provision of | ||||||
13 | a local ordinance, that occurred prior to the | ||||||
14 | offender reaching the age of 25 years and the | ||||||
15 | offender has no other conviction for violating | ||||||
16 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
17 | Code or a similar provision of a local ordinance | ||||||
18 | shall not be eligible for expungement until the | ||||||
19 | petitioner has reached the age of 25 years. | ||||||
20 | (ii) Those arrests or charges that resulted in | ||||||
21 | orders
of supervision for any other offenses shall | ||||||
22 | not be
eligible for expungement until 2 years have | ||||||
23 | passed
following the satisfactory termination of | ||||||
24 | the supervision. | ||||||
25 | (C) When the arrest or charge not initiated by | ||||||
26 | arrest sought to
be expunged resulted in an order of |
| |||||||
| |||||||
1 | qualified probation, successfully
completed by the | ||||||
2 | petitioner, such records shall not be eligible for
| ||||||
3 | expungement until 5 years have passed following the | ||||||
4 | satisfactory
termination of the probation. | ||||||
5 | (3) Those records maintained by the Department for
| ||||||
6 | persons arrested prior to their 17th birthday shall be
| ||||||
7 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
8 | Act of 1987. | ||||||
9 | (4) Whenever a person has been arrested for or | ||||||
10 | convicted of any
offense, in the name of a person whose | ||||||
11 | identity he or she has stolen or otherwise
come into | ||||||
12 | possession of, the aggrieved person from whom the identity
| ||||||
13 | was stolen or otherwise obtained without authorization,
| ||||||
14 | upon learning of the person having been arrested using his
| ||||||
15 | or her identity, may, upon verified petition to the chief | ||||||
16 | judge of
the circuit wherein the arrest was made, have a | ||||||
17 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
18 | correct the
arrest record, conviction record, if any, and | ||||||
19 | all official
records of the arresting authority, the | ||||||
20 | Department, other
criminal justice agencies, the | ||||||
21 | prosecutor, and the trial
court concerning such arrest, if | ||||||
22 | any, by removing his or her name
from all such records in | ||||||
23 | connection with the arrest and
conviction, if any, and by | ||||||
24 | inserting in the records the
name of the offender, if known | ||||||
25 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
26 | records of the circuit court clerk shall be sealed until |
| |||||||
| |||||||
1 | further order of
the court upon good cause shown and the | ||||||
2 | name of the
aggrieved person obliterated on the official | ||||||
3 | index
required to be kept by the circuit court clerk under
| ||||||
4 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
5 | not affect any index issued by the circuit court clerk
| ||||||
6 | before the entry of the order. Nothing in this Section
| ||||||
7 | shall limit the Department of State Police or other
| ||||||
8 | criminal justice agencies or prosecutors from listing
| ||||||
9 | under an offender's name the false names he or she has
| ||||||
10 | used. | ||||||
11 | (5) Whenever a person has been convicted of criminal
| ||||||
12 | sexual assault, aggravated criminal sexual assault,
| ||||||
13 | predatory criminal sexual assault of a child, criminal
| ||||||
14 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
15 | victim of that offense may request that the State's
| ||||||
16 | Attorney of the county in which the conviction occurred
| ||||||
17 | file a verified petition with the presiding trial judge at
| ||||||
18 | the petitioner's trial to have a court order entered to | ||||||
19 | seal
the records of the circuit court clerk in connection
| ||||||
20 | with the proceedings of the trial court concerning that
| ||||||
21 | offense. However, the records of the arresting authority
| ||||||
22 | and the Department of State Police concerning the offense
| ||||||
23 | shall not be sealed. The court, upon good cause shown,
| ||||||
24 | shall make the records of the circuit court clerk in
| ||||||
25 | connection with the proceedings of the trial court
| ||||||
26 | concerning the offense available for public inspection. |
| |||||||
| |||||||
1 | (6) If a conviction has been set aside on direct review
| ||||||
2 | or on collateral attack and the court determines by clear
| ||||||
3 | and convincing evidence that the petitioner was factually
| ||||||
4 | innocent of the charge, the court shall enter an
| ||||||
5 | expungement order as provided in subsection (b) of Section
| ||||||
6 | 5-5-4 of the Unified Code of Corrections. | ||||||
7 | (7) Nothing in this Section shall prevent the | ||||||
8 | Department of
State Police from maintaining all records of | ||||||
9 | any person who
is admitted to probation upon terms and | ||||||
10 | conditions and who
fulfills those terms and conditions | ||||||
11 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
12 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
13 | of the
Methamphetamine Control and Community Protection | ||||||
14 | Act,
Section 5-6-3.3 of the Unified Code of Corrections, | ||||||
15 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
17 | Section 10-102
of the Illinois Alcoholism and Other Drug | ||||||
18 | Dependency Act,
Section 40-10 of the Alcoholism and Other | ||||||
19 | Drug Abuse and
Dependency Act, or Section 10 of the Steroid | ||||||
20 | Control Act. | ||||||
21 | (c) Sealing. | ||||||
22 | (1) Applicability. Notwithstanding any other provision | ||||||
23 | of this Act to the contrary, and cumulative with any rights | ||||||
24 | to expungement of criminal records, this subsection | ||||||
25 | authorizes the sealing of criminal records of adults and of | ||||||
26 | minors prosecuted as adults. |
| |||||||
| |||||||
1 | (2) Eligible Records. The following records may be | ||||||
2 | sealed: | ||||||
3 | (A) All arrests resulting in release without | ||||||
4 | charging; | ||||||
5 | (B) Arrests or charges not initiated by arrest | ||||||
6 | resulting in acquittal, dismissal, or conviction when | ||||||
7 | the conviction was reversed or vacated, except as | ||||||
8 | excluded by subsection (a)(3)(B); | ||||||
9 | (C) Arrests or charges not initiated by arrest | ||||||
10 | resulting in orders of supervision successfully | ||||||
11 | completed by the petitioner, unless excluded by | ||||||
12 | subsection (a)(3); | ||||||
13 | (D) Arrests or charges not initiated by arrest | ||||||
14 | resulting in convictions unless excluded by subsection | ||||||
15 | (a)(3); | ||||||
16 | (E) Arrests or charges not initiated by arrest | ||||||
17 | resulting in orders of first offender probation under | ||||||
18 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
19 | the Illinois Controlled Substances Act, Section 70 of | ||||||
20 | the Methamphetamine Control and Community Protection | ||||||
21 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
22 | Corrections; and | ||||||
23 | (F) Arrests or charges not initiated by arrest | ||||||
24 | resulting in Class 4 felony convictions for the | ||||||
25 | following offenses: | ||||||
26 | (i) Section 11-14 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012 ; | ||||||
2 | (ii) Section 4 of the Cannabis Control Act; | ||||||
3 | (iii) Section 402 of the Illinois Controlled | ||||||
4 | Substances Act; | ||||||
5 | (iv) the Methamphetamine Precursor Control | ||||||
6 | Act; and | ||||||
7 | (v) the Steroid Control Act. | ||||||
8 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
9 | identified as eligible under subsection (c)(2) may be | ||||||
10 | sealed as follows: | ||||||
11 | (A) Records identified as eligible under | ||||||
12 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
13 | time. | ||||||
14 | (B) Records identified as eligible under | ||||||
15 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
16 | the termination of petitioner's last sentence (as | ||||||
17 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
18 | never been convicted of a criminal offense (as defined | ||||||
19 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
20 | termination of the petitioner's last sentence (as | ||||||
21 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
22 | ever been convicted of a criminal offense (as defined | ||||||
23 | in subsection (a)(1)(D)). | ||||||
24 | (C) Records identified as eligible under | ||||||
25 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
26 | sealed 4 years after the termination of the |
| |||||||
| |||||||
1 | petitioner's last sentence (as defined in subsection | ||||||
2 | (a)(1)(F)). | ||||||
3 | (D) Records identified in subsection | ||||||
4 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
5 | reached the age of 25 years. | ||||||
6 | (4) Subsequent felony convictions. A person may not | ||||||
7 | have
subsequent felony conviction records sealed as | ||||||
8 | provided in this subsection
(c) if he or she is convicted | ||||||
9 | of any felony offense after the date of the
sealing of | ||||||
10 | prior felony convictions as provided in this subsection | ||||||
11 | (c). The court may, upon conviction for a subsequent felony | ||||||
12 | offense, order the unsealing of prior felony conviction | ||||||
13 | records previously ordered sealed by the court. | ||||||
14 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
15 | disposition for an eligible record under this subsection | ||||||
16 | (c), the petitioner shall be informed by the court of the | ||||||
17 | right to have the records sealed and the procedures for the | ||||||
18 | sealing of the records. | ||||||
19 | (d) Procedure. The following procedures apply to | ||||||
20 | expungement under subsections (b) and (e), and sealing under | ||||||
21 | subsections (c) and (e-5): | ||||||
22 | (1) Filing the petition. Upon becoming eligible to | ||||||
23 | petition for
the expungement or sealing of records under | ||||||
24 | this Section, the petitioner shall file a petition | ||||||
25 | requesting the expungement
or sealing of records with the | ||||||
26 | clerk of the court where the arrests occurred or the |
| |||||||
| |||||||
1 | charges were brought, or both. If arrests occurred or | ||||||
2 | charges were brought in multiple jurisdictions, a petition | ||||||
3 | must be filed in each such jurisdiction. The petitioner | ||||||
4 | shall pay the applicable fee, if not waived. | ||||||
5 | (2) Contents of petition. The petition shall be
| ||||||
6 | verified and shall contain the petitioner's name, date of
| ||||||
7 | birth, current address and, for each arrest or charge not | ||||||
8 | initiated by
arrest sought to be sealed or expunged, the | ||||||
9 | case number, the date of
arrest (if any), the identity of | ||||||
10 | the arresting authority, and such
other information as the | ||||||
11 | court may require. During the pendency
of the proceeding, | ||||||
12 | the petitioner shall promptly notify the
circuit court | ||||||
13 | clerk of any change of his or her address. If the | ||||||
14 | petitioner has received a certificate of eligibility for | ||||||
15 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
16 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
17 | Corrections, the certificate shall be attached to the | ||||||
18 | petition. | ||||||
19 | (3) Drug test. The petitioner must attach to the | ||||||
20 | petition proof that the petitioner has passed a test taken | ||||||
21 | within 30 days before the filing of the petition showing | ||||||
22 | the absence within his or her body of all illegal | ||||||
23 | substances as defined by the Illinois Controlled | ||||||
24 | Substances Act, the Methamphetamine Control and Community | ||||||
25 | Protection Act, and the Cannabis Control Act if he or she | ||||||
26 | is petitioning to seal felony records pursuant to clause |
| |||||||
| |||||||
1 | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | ||||||
2 | petitioning to expunge felony records of a qualified | ||||||
3 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
4 | (4) Service of petition. The circuit court clerk shall | ||||||
5 | promptly
serve a copy of the petition on the State's | ||||||
6 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
7 | the
offense, the Department of State Police, the arresting
| ||||||
8 | agency and the chief legal officer of the unit of local
| ||||||
9 | government effecting the arrest. | ||||||
10 | (5) Objections. | ||||||
11 | (A) Any party entitled to notice of the petition | ||||||
12 | may file an objection to the petition. All objections | ||||||
13 | shall be in writing, shall be filed with the circuit | ||||||
14 | court clerk, and shall state with specificity the basis | ||||||
15 | of the objection. | ||||||
16 | (B) Objections to a petition to expunge or seal | ||||||
17 | must be filed within 60 days of the date of service of | ||||||
18 | the petition. | ||||||
19 | (6) Entry of order. | ||||||
20 | (A) The Chief Judge of the circuit wherein the | ||||||
21 | charge was brought, any judge of that circuit | ||||||
22 | designated by the Chief Judge, or in counties of less | ||||||
23 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
24 | at the petitioner's trial, if any, shall rule on the | ||||||
25 | petition to expunge or seal as set forth in this | ||||||
26 | subsection (d)(6). |
| |||||||
| |||||||
1 | (B) Unless the State's Attorney or prosecutor, the | ||||||
2 | Department of
State Police, the arresting agency, or | ||||||
3 | the chief legal officer
files an objection to the | ||||||
4 | petition to expunge or seal within 60 days from the | ||||||
5 | date of service of the petition, the court shall enter | ||||||
6 | an order granting or denying the petition. | ||||||
7 | (7) Hearings. If an objection is filed, the court shall | ||||||
8 | set a date for a hearing and notify the petitioner and all | ||||||
9 | parties entitled to notice of the petition of the hearing | ||||||
10 | date at least 30 days prior to the hearing, and shall hear | ||||||
11 | evidence on whether the petition should or should not be | ||||||
12 | granted, and shall grant or deny the petition to expunge or | ||||||
13 | seal the records based on the evidence presented at the | ||||||
14 | hearing. | ||||||
15 | (8) Service of order. After entering an order to | ||||||
16 | expunge or
seal records, the court must provide copies of | ||||||
17 | the order to the
Department, in a form and manner | ||||||
18 | prescribed by the Department,
to the petitioner, to the | ||||||
19 | State's Attorney or prosecutor
charged with the duty of | ||||||
20 | prosecuting the offense, to the
arresting agency, to the | ||||||
21 | chief legal officer of the unit of
local government | ||||||
22 | effecting the arrest, and to such other
criminal justice | ||||||
23 | agencies as may be ordered by the court. | ||||||
24 | (9) Effect of order. | ||||||
25 | (A) Upon entry of an order to expunge records | ||||||
26 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
| |||||||
| |||||||
1 | (i) the records shall be expunged (as defined | ||||||
2 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
3 | the Department, and any other agency as ordered by | ||||||
4 | the court, within 60 days of the date of service of | ||||||
5 | the order, unless a motion to vacate, modify, or | ||||||
6 | reconsider the order is filed pursuant to | ||||||
7 | paragraph (12) of subsection (d) of this Section; | ||||||
8 | (ii) the records of the circuit court clerk | ||||||
9 | shall be impounded until further order of the court | ||||||
10 | upon good cause shown and the name of the | ||||||
11 | petitioner obliterated on the official index | ||||||
12 | required to be kept by the circuit court clerk | ||||||
13 | under Section 16 of the Clerks of Courts Act, but | ||||||
14 | the order shall not affect any index issued by the | ||||||
15 | circuit court clerk before the entry of the order; | ||||||
16 | and | ||||||
17 | (iii) in response to an inquiry for expunged | ||||||
18 | records, the court, the Department, or the agency | ||||||
19 | receiving such inquiry, shall reply as it does in | ||||||
20 | response to inquiries when no records ever | ||||||
21 | existed. | ||||||
22 | (B) Upon entry of an order to expunge records | ||||||
23 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
24 | (i) the records shall be expunged (as defined | ||||||
25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
26 | and any other agency as ordered by the court, |
| |||||||
| |||||||
1 | within 60 days of the date of service of the order, | ||||||
2 | unless a motion to vacate, modify, or reconsider | ||||||
3 | the order is filed pursuant to paragraph (12) of | ||||||
4 | subsection (d) of this Section; | ||||||
5 | (ii) the records of the circuit court clerk | ||||||
6 | shall be impounded until further order of the court | ||||||
7 | upon good cause shown and the name of the | ||||||
8 | petitioner obliterated on the official index | ||||||
9 | required to be kept by the circuit court clerk | ||||||
10 | under Section 16 of the Clerks of Courts Act, but | ||||||
11 | the order shall not affect any index issued by the | ||||||
12 | circuit court clerk before the entry of the order; | ||||||
13 | (iii) the records shall be impounded by the
| ||||||
14 | Department within 60 days of the date of service of | ||||||
15 | the order as ordered by the court, unless a motion | ||||||
16 | to vacate, modify, or reconsider the order is filed | ||||||
17 | pursuant to paragraph (12) of subsection (d) of | ||||||
18 | this Section; | ||||||
19 | (iv) records impounded by the Department may | ||||||
20 | be disseminated by the Department only as required | ||||||
21 | by law or to the arresting authority, the State's | ||||||
22 | Attorney, and the court upon a later arrest for the | ||||||
23 | same or a similar offense or for the purpose of | ||||||
24 | sentencing for any subsequent felony, and to the | ||||||
25 | Department of Corrections upon conviction for any | ||||||
26 | offense; and |
| |||||||
| |||||||
1 | (v) in response to an inquiry for such records | ||||||
2 | from anyone not authorized by law to access such | ||||||
3 | records the court, the Department, or the agency | ||||||
4 | receiving such inquiry shall reply as it does in | ||||||
5 | response to inquiries when no records ever | ||||||
6 | existed. | ||||||
7 | (C) Upon entry of an order to seal records under | ||||||
8 | subsection
(c), the arresting agency, any other agency | ||||||
9 | as ordered by the court, the Department, and the court | ||||||
10 | shall seal the records (as defined in subsection | ||||||
11 | (a)(1)(K)). In response to an inquiry for such records | ||||||
12 | from anyone not authorized by law to access such | ||||||
13 | records the court, the Department, or the agency | ||||||
14 | receiving such inquiry shall reply as it does in | ||||||
15 | response to inquiries when no records ever existed. | ||||||
16 | (10) Fees. The Department may charge the petitioner a | ||||||
17 | fee equivalent to the cost of processing any order to | ||||||
18 | expunge or seal records. Notwithstanding any provision of | ||||||
19 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
20 | clerk may charge a fee equivalent to the cost associated | ||||||
21 | with the sealing or expungement of records by the circuit | ||||||
22 | court clerk. From the total filing fee collected for the | ||||||
23 | petition to seal or expunge, the circuit court clerk shall | ||||||
24 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund, to be used to offset the costs | ||||||
26 | incurred by the circuit court clerk in performing the |
| |||||||
| |||||||
1 | additional duties required to serve the petition to seal or | ||||||
2 | expunge on all parties. The circuit court clerk shall | ||||||
3 | collect and forward the Department of State Police portion | ||||||
4 | of the fee to the Department and it shall be deposited in | ||||||
5 | the State Police Services Fund. | ||||||
6 | (11) Final Order. No court order issued under the | ||||||
7 | expungement or sealing provisions of this Section shall | ||||||
8 | become final for purposes of appeal until 30 days after | ||||||
9 | service of the order on the petitioner and all parties | ||||||
10 | entitled to notice of the petition. | ||||||
11 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
12 | petitioner or any party entitled to notice may file a | ||||||
13 | motion to vacate, modify, or reconsider the order granting | ||||||
14 | or denying the petition to expunge or seal within 60 days | ||||||
15 | of service of the order. | ||||||
16 | (e) Whenever a person who has been convicted of an offense | ||||||
17 | is granted
a pardon by the Governor which specifically | ||||||
18 | authorizes expungement, he or she may,
upon verified petition | ||||||
19 | to the Chief Judge of the circuit where the person had
been | ||||||
20 | convicted, any judge of the circuit designated by the Chief | ||||||
21 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
22 | presiding trial judge at the
defendant's trial, have a court | ||||||
23 | order entered expunging the record of
arrest from the official | ||||||
24 | records of the arresting authority and order that the
records | ||||||
25 | of the circuit court clerk and the Department be sealed until
| ||||||
26 | further order of the court upon good cause shown or as |
| |||||||
| |||||||
1 | otherwise provided
herein, and the name of the defendant | ||||||
2 | obliterated from the official index
requested to be kept by the | ||||||
3 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
4 | Act in connection with the arrest and conviction for the | ||||||
5 | offense for
which he or she had been pardoned but the order | ||||||
6 | shall not affect any index issued by
the circuit court clerk | ||||||
7 | before the entry of the order. All records sealed by
the | ||||||
8 | Department may be disseminated by the Department only to the | ||||||
9 | arresting authority, the State's Attorney, and the court upon a | ||||||
10 | later
arrest for the same or similar offense or for the purpose | ||||||
11 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
12 | any subsequent offense, the Department
of Corrections shall | ||||||
13 | have access to all sealed records of the Department
pertaining | ||||||
14 | to that individual. Upon entry of the order of expungement, the
| ||||||
15 | circuit court clerk shall promptly mail a copy of the order to | ||||||
16 | the
person who was pardoned. | ||||||
17 | (e-5) Whenever a person who has been convicted of an | ||||||
18 | offense is granted a certificate of eligibility for sealing by | ||||||
19 | the Prisoner Review Board which specifically authorizes | ||||||
20 | sealing, he or she may, upon verified petition to the Chief | ||||||
21 | Judge of the circuit where the person had been convicted, any | ||||||
22 | judge of the circuit designated by the Chief Judge, or in | ||||||
23 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
24 | trial judge at the petitioner's trial, have a court order | ||||||
25 | entered sealing the record of arrest from the official records | ||||||
26 | of the arresting authority and order that the records of the |
| |||||||
| |||||||
1 | circuit court clerk and the Department be sealed until further | ||||||
2 | order of the court upon good cause shown or as otherwise | ||||||
3 | provided herein, and the name of the petitioner obliterated | ||||||
4 | from the official index requested to be kept by the circuit | ||||||
5 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
6 | connection with the arrest and conviction for the offense for | ||||||
7 | which he or she had been granted the certificate but the order | ||||||
8 | shall not affect any index issued by the circuit court clerk | ||||||
9 | before the entry of the order. All records sealed by the | ||||||
10 | Department may be disseminated by the Department only as | ||||||
11 | required by this Act or to the arresting authority, a law | ||||||
12 | enforcement agency, the State's Attorney, and the court upon a | ||||||
13 | later arrest for the same or similar offense or for the purpose | ||||||
14 | of sentencing for any subsequent felony. Upon conviction for | ||||||
15 | any subsequent offense, the Department of Corrections shall | ||||||
16 | have access to all sealed records of the Department pertaining | ||||||
17 | to that individual. Upon entry of the order of sealing, the | ||||||
18 | circuit court clerk shall promptly mail a copy of the order to | ||||||
19 | the person who was granted the certificate of eligibility for | ||||||
20 | sealing. | ||||||
21 | (f) Subject to available funding, the Illinois Department
| ||||||
22 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
23 | especially on employment and recidivism rates, utilizing a
| ||||||
24 | random sample of those who apply for the sealing of their
| ||||||
25 | criminal records under Public Act 93-211. At the request of the
| ||||||
26 | Illinois Department of Corrections, records of the Illinois
|
| |||||||
| |||||||
1 | Department of Employment Security shall be utilized as
| ||||||
2 | appropriate to assist in the study. The study shall not
| ||||||
3 | disclose any data in a manner that would allow the
| ||||||
4 | identification of any particular individual or employing unit.
| ||||||
5 | The study shall be made available to the General Assembly no
| ||||||
6 | later than September 1, 2010.
| ||||||
7 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
8 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||||||
9 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||||||
10 | eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; | ||||||
11 | 97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; | ||||||
12 | 97-1120, eff. 1-1-13; revised 9-20-12.) | ||||||
13 | Section 90. The Illinois Uniform Conviction Information | ||||||
14 | Act is amended by changing Section 3 as follows:
| ||||||
15 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||||||
16 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
17 | purposes
of this Act, unless the context clearly indicates | ||||||
18 | otherwise:
| ||||||
19 | (A) "Accurate" means factually correct, containing no | ||||||
20 | mistake or error
of a material nature.
| ||||||
21 | (B) The phrase "administer the criminal laws" includes any | ||||||
22 | of the
following activities: intelligence gathering, | ||||||
23 | surveillance, criminal
investigation, crime detection and | ||||||
24 | prevention (including research),
apprehension, detention, |
| |||||||
| |||||||
1 | pretrial or post-trial release, prosecution, the
correctional | ||||||
2 | supervision or rehabilitation of accused persons or criminal
| ||||||
3 | offenders, criminal identification activities, or the | ||||||
4 | collection,
maintenance or dissemination of criminal history | ||||||
5 | record information.
| ||||||
6 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
7 | Information
Authority.
| ||||||
8 | (D) "Automated" means the utilization of computers, | ||||||
9 | telecommunication
lines, or other automatic data processing | ||||||
10 | equipment for data collection or
storage, analysis, | ||||||
11 | processing, preservation, maintenance, dissemination, or
| ||||||
12 | display and is distinguished from a system in which such | ||||||
13 | activities are
performed manually.
| ||||||
14 | (E) "Complete" means accurately reflecting all the | ||||||
15 | criminal history
record information about an individual that is | ||||||
16 | required to be reported to
the Department pursuant to Section | ||||||
17 | 2.1 of the Criminal Identification Act.
| ||||||
18 | (F) "Conviction information" means data reflecting a | ||||||
19 | judgment of guilt
or nolo contendere. The term includes all | ||||||
20 | prior and subsequent criminal
history events directly relating | ||||||
21 | to such judgments, such as, but not
limited to: (1) the | ||||||
22 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
23 | sentence imposed; (4) the fine imposed; and (5) all related
| ||||||
24 | probation, parole, and release information. Information ceases | ||||||
25 | to be
"conviction information" when a judgment of guilt is | ||||||
26 | reversed or vacated.
|
| |||||||
| |||||||
1 | For purposes of this Act, continuances to a date certain in | ||||||
2 | furtherance
of an order of supervision granted under Section | ||||||
3 | 5-6-1 of the Unified Code
of Corrections or an order of | ||||||
4 | probation granted under either Section 10 of
the Cannabis | ||||||
5 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
6 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
7 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
8 | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012 , Section
10-102 of the Illinois Alcoholism and Other Drug | ||||||
10 | Dependency Act, Section
40-10 of the Alcoholism and Other Drug | ||||||
11 | Abuse and Dependency Act, or Section
10 of the Steroid Control | ||||||
12 | Act shall not be deemed "conviction information".
| ||||||
13 | (G) "Criminal history record information" means data | ||||||
14 | identifiable to an
individual and consisting of descriptions or | ||||||
15 | notations of arrests,
detentions, indictments, informations, | ||||||
16 | pretrial proceedings, trials, or
other formal events in the | ||||||
17 | criminal justice system or descriptions or
notations of | ||||||
18 | criminal charges (including criminal violations of local
| ||||||
19 | municipal ordinances) and the nature of any disposition arising | ||||||
20 | therefrom,
including sentencing, court or correctional | ||||||
21 | supervision, rehabilitation and
release. The term does not | ||||||
22 | apply to statistical records and reports in
which individual | ||||||
23 | are not identified and from which their identities are not
| ||||||
24 | ascertainable, or to information that is for criminal | ||||||
25 | investigative or
intelligence purposes.
| ||||||
26 | (H) "Criminal justice agency" means (1) a government agency |
| |||||||
| |||||||
1 | or any
subunit thereof which is authorized to administer the | ||||||
2 | criminal laws and
which allocates a substantial part of its | ||||||
3 | annual budget for that purpose,
or (2) an agency supported by | ||||||
4 | public funds which is authorized as its
principal function to | ||||||
5 | administer the criminal laws and which is officially
designated | ||||||
6 | by the Department as a criminal justice agency for purposes of
| ||||||
7 | this Act.
| ||||||
8 | (I) "The Department" means the Illinois Department of State | ||||||
9 | Police.
| ||||||
10 | (J) "Director" means the Director of the Illinois | ||||||
11 | Department of State
Police.
| ||||||
12 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
13 | information
in any form, oral, written, or otherwise.
| ||||||
14 | (L) "Exigency" means pending danger or the threat of | ||||||
15 | pending danger to
an individual or property.
| ||||||
16 | (M) "Non-criminal justice agency" means a State agency, | ||||||
17 | Federal agency,
or unit of local government that is not a | ||||||
18 | criminal justice agency. The
term does not refer to private | ||||||
19 | individuals, corporations, or
non-governmental agencies or | ||||||
20 | organizations.
| ||||||
21 | (M-5) "Request" means the submission to the Department, in | ||||||
22 | the form and
manner required, the necessary data elements or | ||||||
23 | fingerprints, or both, to allow
the Department to initiate a | ||||||
24 | search of its criminal history record information
files.
| ||||||
25 | (N) "Requester" means any private individual, corporation, | ||||||
26 | organization,
employer, employment agency, labor organization, |
| |||||||
| |||||||
1 | or non-criminal justice
agency that has made a request pursuant | ||||||
2 | to this Act
to obtain
conviction information maintained in the | ||||||
3 | files of the Department of State
Police regarding a particular | ||||||
4 | individual.
| ||||||
5 | (O) "Statistical information" means data from which the | ||||||
6 | identity of an
individual cannot be ascertained, | ||||||
7 | reconstructed, or verified and to which
the identity of an | ||||||
8 | individual cannot be linked by the recipient of the
| ||||||
9 | information.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
11 | Section 95. The Sex Offender Management Board Act is | ||||||
12 | amended by changing Section 10 as follows: | ||||||
13 | (20 ILCS 4026/10)
| ||||||
14 | Sec. 10. Definitions. In this Act, unless the context | ||||||
15 | otherwise
requires:
| ||||||
16 | (a) "Board" means the Sex Offender Management Board created | ||||||
17 | in Section 15.
| ||||||
18 | (b) "Sex offender" means any person who is convicted or | ||||||
19 | found delinquent in
the State of Illinois, or under any | ||||||
20 | substantially similar federal law or
law of another state, of | ||||||
21 | any sex offense or attempt of a sex offense as defined
in
| ||||||
22 | subsection (c) of this Section, or any former statute of this | ||||||
23 | State that
defined a felony sex offense, or who has been | ||||||
24 | declared as a sexually dangerous
person under the Sexually |
| |||||||
| |||||||
1 | Dangerous Persons Act or declared a sexually
violent person | ||||||
2 | under the Sexually Violent Persons Commitment Act, or any
| ||||||
3 | substantially similar
federal law or law of another state.
| ||||||
4 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
5 | described in this
subsection (c) as follows:
| ||||||
6 | (1) Indecent solicitation of a child, in violation of | ||||||
7 | Section 11-6 of the
Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 ;
| ||||||
9 | (2) Indecent solicitation of an adult, in violation of | ||||||
10 | Section 11-6.5 of
the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012 ;
| ||||||
12 | (3) Public indecency, in violation of Section 11-9 or | ||||||
13 | 11-30 of the Criminal Code of
1961 or the Criminal Code of | ||||||
14 | 2012 ;
| ||||||
15 | (4) Sexual exploitation of a child, in violation of | ||||||
16 | Section 11-9.1 of the
Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012 ;
| ||||||
18 | (5) Sexual relations within families, in violation of | ||||||
19 | Section 11-11 of the
Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012 ;
| ||||||
21 | (6) Promoting juvenile prostitution or soliciting for | ||||||
22 | a juvenile prostitute, in violation of Section 11-14.4 or | ||||||
23 | 11-15.1
of
the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012 ;
| ||||||
25 | (7) Promoting juvenile prostitution or keeping a place | ||||||
26 | of juvenile prostitution, in violation of Section
11-14.4 |
| |||||||
| |||||||
1 | or 11-17.1 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 ;
| ||||||
3 | (8) Patronizing a juvenile prostitute, in violation of | ||||||
4 | Section 11-18.1 of
the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 ;
| ||||||
6 | (9) Promoting juvenile prostitution or juvenile | ||||||
7 | pimping, in violation of Section 11-14.4 or 11-19.1 of the | ||||||
8 | Criminal
Code
of 1961 or the Criminal Code of 2012 ;
| ||||||
9 | (10) promoting juvenile prostitution or exploitation | ||||||
10 | of a child, in violation of Section 11-14.4 or 11-19.2 of | ||||||
11 | the
Criminal Code of 1961 or the Criminal Code of 2012 ;
| ||||||
12 | (11) Child pornography, in violation of Section | ||||||
13 | 11-20.1 of the Criminal
Code
of 1961 or the Criminal Code | ||||||
14 | of 2012 ;
| ||||||
15 | (11.5) Aggravated child pornography, in violation of | ||||||
16 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
17 | (12) Harmful material, in violation of Section 11-21 of | ||||||
18 | the Criminal Code
of
1961 or the Criminal Code of 2012 ;
| ||||||
19 | (13) Criminal sexual assault, in violation of Section | ||||||
20 | 11-1.20 or 12-13 of the
Criminal
Code of 1961 or the | ||||||
21 | Criminal Code of 2012 ;
| ||||||
22 | (13.5) Grooming, in violation of Section 11-25 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
24 | (14) Aggravated criminal sexual assault, in violation | ||||||
25 | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012 ;
|
| |||||||
| |||||||
1 | (14.5) Traveling to meet a minor, in violation of | ||||||
2 | Section 11-26 of the Criminal Code of
1961 or the Criminal | ||||||
3 | Code of 2012 ; | ||||||
4 | (15) Predatory criminal sexual assault of a child, in | ||||||
5 | violation of Section
11-1.40 or 12-14.1 of the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012 ;
| ||||||
7 | (16) Criminal sexual abuse, in violation of Section | ||||||
8 | 11-1.50 or 12-15 of the Criminal
Code of 1961 or the | ||||||
9 | Criminal Code of 2012 ;
| ||||||
10 | (17) Aggravated criminal sexual abuse, in violation of | ||||||
11 | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 ;
| ||||||
13 | (18) Ritualized abuse of a child, in violation of | ||||||
14 | Section 12-33 of the
Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012 ;
| ||||||
16 | (19) An attempt to commit any of the offenses | ||||||
17 | enumerated in this
subsection
(c); or
| ||||||
18 | (20) Any felony offense under Illinois law that is | ||||||
19 | sexually motivated.
| ||||||
20 | (d) "Management" means treatment, and supervision of any | ||||||
21 | sex
offender that conforms to the standards created by the | ||||||
22 | Board under
Section 15.
| ||||||
23 | (e) "Sexually motivated" means one or more of the facts of | ||||||
24 | the underlying
offense indicates conduct that is of a sexual | ||||||
25 | nature or that shows an intent to
engage in behavior of a | ||||||
26 | sexual nature.
|
| |||||||
| |||||||
1 | (f) "Sex offender evaluator" means a person licensed under | ||||||
2 | the Sex Offender Evaluation and Treatment Provider Act to | ||||||
3 | conduct sex offender evaluations. | ||||||
4 | (g) "Sex offender treatment provider" means a person | ||||||
5 | licensed under the Sex Offender Evaluation and Treatment | ||||||
6 | Provider Act to provide sex offender treatment services. | ||||||
7 | (h) "Associate sex offender provider" means a person | ||||||
8 | licensed under the Sex Offender Evaluation and Treatment | ||||||
9 | Provider Act to provide sex offender evaluations and to provide | ||||||
10 | sex offender treatment under the supervision of a licensed sex | ||||||
11 | offender evaluator or a licensed sex offender treatment | ||||||
12 | provider. | ||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13.)
| ||||||
14 | Section 110. The Illinois Procurement Code is amended by | ||||||
15 | changing Sections 45-57, 50-5, and 50-70 as follows: | ||||||
16 | (30 ILCS 500/45-57) | ||||||
17 | Sec. 45-57. Veterans. | ||||||
18 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
19 | and encourage the continued economic development of small | ||||||
20 | businesses owned and controlled by qualified veterans and that | ||||||
21 | qualified service-disabled veteran-owned small businesses | ||||||
22 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
23 | (referred to as VOSB) participate in the State's procurement | ||||||
24 | process as both prime contractors and subcontractors. Not less |
| |||||||
| |||||||
1 | than 3% of the total dollar amount of State contracts, as | ||||||
2 | defined by the Director of Central Management Services, shall | ||||||
3 | be established as a goal to be awarded to SDVOSB and VOSB. That
| ||||||
4 | portion of a contract under which the contractor subcontracts
| ||||||
5 | with a SDVOSB or VOSB may be counted toward the
goal of this | ||||||
6 | subsection. The Department of Central Management Services | ||||||
7 | shall adopt rules to implement compliance with this subsection | ||||||
8 | by all State agencies. | ||||||
9 | (b) Fiscal year reports. By each September 1, each chief | ||||||
10 | procurement officer shall report to the Department of Central | ||||||
11 | Management Services on all of the following for the immediately | ||||||
12 | preceding fiscal year, and by each March 1 the Department of | ||||||
13 | Central Management Services shall compile and report that | ||||||
14 | information to the General Assembly: | ||||||
15 | (1) The total number of VOSB, and the number of SDVOSB, | ||||||
16 | who submitted bids for contracts under this Code. | ||||||
17 | (2) The total number of VOSB, and the number of SDVOSB, | ||||||
18 | who entered into contracts with the State under this Code | ||||||
19 | and the total value of those contracts. | ||||||
20 | (c) Yearly review and recommendations. Each year, each | ||||||
21 | chief procurement officer shall review the progress of all | ||||||
22 | State agencies under its jurisdiction in meeting the goal | ||||||
23 | described in subsection (a), with input from statewide | ||||||
24 | veterans' service organizations and from the business | ||||||
25 | community, including businesses owned by qualified veterans, | ||||||
26 | and shall make recommendations to be included in the Department |
| |||||||
| |||||||
1 | of Central Management Services' report to the General Assembly | ||||||
2 | regarding continuation, increases, or decreases of the | ||||||
3 | percentage goal. The recommendations shall be based upon the | ||||||
4 | number of businesses that are owned by qualified veterans and | ||||||
5 | on the continued need to encourage and promote businesses owned | ||||||
6 | by qualified veterans. | ||||||
7 | (d) Governor's recommendations. To assist the State in | ||||||
8 | reaching the goal described in subsection (a), the Governor | ||||||
9 | shall recommend to the General Assembly changes in programs to | ||||||
10 | assist businesses owned by qualified veterans. | ||||||
11 | (e) Definitions. As used in this Section: | ||||||
12 | "Armed forces of the United States" means the United States | ||||||
13 | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||||||
14 | active duty as defined under 38 U.S.C. Section 101. Service in | ||||||
15 | the Merchant Marine that constitutes active duty under Section | ||||||
16 | 401 of federal Public Act 95-202 shall also be considered | ||||||
17 | service in the armed forces for purposes of this Section. | ||||||
18 | "Certification" means a determination made by the Illinois | ||||||
19 | Department of Veterans' Affairs and the Department of Central | ||||||
20 | Management Services that a business entity is a qualified | ||||||
21 | service-disabled veteran-owned small business or a qualified | ||||||
22 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
23 | VOSB owned and controlled by females, minorities, or persons | ||||||
24 | with disabilities, as those terms are defined in Section 2 of | ||||||
25 | the Business Enterprise for Minorities, Females, and Persons | ||||||
26 | with Disabilities Act, shall select and designate whether that |
| |||||||
| |||||||
1 | business is to be certified as a "female-owned business", | ||||||
2 | "minority-owned business", or "business owned by a person with | ||||||
3 | a disability", as defined in Section 2 of the Business | ||||||
4 | Enterprise for Minorities, Females, and Persons with | ||||||
5 | Disabilities Act, or as a qualified SDVOSB or qualified VOSB | ||||||
6 | under this Section. | ||||||
7 | "Control" means the exclusive, ultimate, majority, or sole | ||||||
8 | control of the business, including but not limited to capital | ||||||
9 | investment and all other financial matters, property, | ||||||
10 | acquisitions, contract negotiations, legal matters, | ||||||
11 | officer-director-employee selection and comprehensive hiring, | ||||||
12 | operation responsibilities, cost-control matters, income and | ||||||
13 | dividend matters, financial transactions, and rights of other | ||||||
14 | shareholders or joint partners. Control shall be real, | ||||||
15 | substantial, and continuing, not pro forma. Control shall | ||||||
16 | include the power to direct or cause the direction of the | ||||||
17 | management and policies of the business and to make the | ||||||
18 | day-to-day as well as major decisions in matters of policy, | ||||||
19 | management, and operations. Control shall be exemplified by | ||||||
20 | possessing the requisite knowledge and expertise to run the | ||||||
21 | particular business, and control shall not include simple | ||||||
22 | majority or absentee ownership. | ||||||
23 | "Qualified service-disabled veteran" means a
veteran who | ||||||
24 | has been found to have 10% or more service-connected disability | ||||||
25 | by the United States Department of Veterans Affairs or the | ||||||
26 | United States Department of Defense. |
| |||||||
| |||||||
1 | "Qualified service-disabled veteran-owned small business" | ||||||
2 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
3 | owned by one or more qualified service-disabled veterans living | ||||||
4 | in Illinois or, in the case of a corporation, at least 51% of | ||||||
5 | the stock of which is owned by one or more qualified | ||||||
6 | service-disabled veterans living in Illinois; (ii) that has its | ||||||
7 | home office in Illinois; and (iii) for which items (i) and (ii) | ||||||
8 | are factually verified annually by the Department of Central | ||||||
9 | Management Services. | ||||||
10 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
11 | small business (i) that is at least 51% owned by one or more | ||||||
12 | qualified veterans living in Illinois or, in the case of a | ||||||
13 | corporation, at least 51% of the stock of which is owned by one | ||||||
14 | or more qualified veterans living in Illinois; (ii) that has | ||||||
15 | its home office in Illinois; and (iii) for which items (i) and | ||||||
16 | (ii) are factually verified annually by the Department of | ||||||
17 | Central Management Services. | ||||||
18 | "Service-connected disability" means a disability incurred | ||||||
19 | in the line of duty in the active military, naval, or air | ||||||
20 | service as described in 38 U.S.C. 101(16). | ||||||
21 | "Small business" means a business that has annual gross | ||||||
22 | sales of less than $75,000,000 as evidenced by the federal | ||||||
23 | income tax return of the business. A firm with gross sales in | ||||||
24 | excess of this cap may apply to the Department of Central | ||||||
25 | Management Services for certification for a particular | ||||||
26 | contract if the firm can demonstrate that the contract would |
| |||||||
| |||||||
1 | have significant impact on SDVOSB or VOSB as suppliers or | ||||||
2 | subcontractors or in employment of veterans or | ||||||
3 | service-disabled veterans. | ||||||
4 | "State agency" has the same meaning as in Section 2 of the | ||||||
5 | Business Enterprise for Minorities, Females, and Persons with | ||||||
6 | Disabilities Act. | ||||||
7 | "Time of hostilities with a foreign country" means any | ||||||
8 | period of time in the past, present, or future during which a | ||||||
9 | declaration of war by the United States Congress has been or is | ||||||
10 | in effect or during which an emergency condition has been or is | ||||||
11 | in effect that is recognized by the issuance of a Presidential | ||||||
12 | proclamation or a Presidential executive order and in which the | ||||||
13 | armed forces expeditionary medal or other campaign service | ||||||
14 | medals are awarded according to Presidential executive order. | ||||||
15 | "Veteran" means a person who (i) has been a member of the | ||||||
16 | armed forces of the United States or, while a citizen of the | ||||||
17 | United States, was a member of the armed forces of allies of | ||||||
18 | the United States in time of hostilities with a foreign country | ||||||
19 | and (ii) has served under one or more of the following | ||||||
20 | conditions: (a) the veteran served a total of at least 6 | ||||||
21 | months; (b) the veteran served for the duration of hostilities | ||||||
22 | regardless of the length of the engagement; (c) the veteran was | ||||||
23 | discharged on the basis of hardship; or (d) the veteran was | ||||||
24 | released from active duty because of a service connected | ||||||
25 | disability and was discharged under honorable conditions. | ||||||
26 | (f) Certification program. The Illinois Department of |
| |||||||
| |||||||
1 | Veterans' Affairs and the Department of Central Management | ||||||
2 | Services shall work together to devise a certification | ||||||
3 | procedure to assure that businesses taking advantage of this | ||||||
4 | Section are legitimately classified as qualified | ||||||
5 | service-disabled veteran-owned small businesses or qualified | ||||||
6 | veteran-owned small businesses.
| ||||||
7 | (g) Penalties. | ||||||
8 | (1) Administrative penalties. The Department of | ||||||
9 | Central Management Services shall suspend any person who | ||||||
10 | commits a violation of Section 17-10.3 or subsection (d) of | ||||||
11 | Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012 relating to this Section from bidding on, or | ||||||
13 | participating as a contractor, subcontractor, or supplier | ||||||
14 | in, any State contract or project for a period of not less | ||||||
15 | than 3 years, and, if the person is certified as a | ||||||
16 | service-disabled veteran-owned small business or a | ||||||
17 | veteran-owned small business, then the Department shall | ||||||
18 | revoke the business's certification for a period of not | ||||||
19 | less than 3 years. An additional or subsequent violation | ||||||
20 | shall extend the periods of suspension and revocation for a | ||||||
21 | period of not less than 5 years. The suspension and | ||||||
22 | revocation shall apply to the principals of the business | ||||||
23 | and any subsequent business formed or financed by, or | ||||||
24 | affiliated with, those principals. | ||||||
25 | (2) Reports of violations. Each State agency shall | ||||||
26 | report any alleged violation of Section 17-10.3 or |
| |||||||
| |||||||
1 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
3 | to the Department of Central Management Services. The | ||||||
4 | Department of Central Management Services shall | ||||||
5 | subsequently report all such alleged violations to the | ||||||
6 | Attorney General, who shall determine whether to bring a | ||||||
7 | civil action against any person for the violation. | ||||||
8 | (3) List of suspended persons. The Department of | ||||||
9 | Central Management Services shall monitor the status of all | ||||||
10 | reported violations of Section 17-10.3 or subsection (d) of | ||||||
11 | Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012 relating to this Section and shall maintain | ||||||
13 | and make available to all State agencies a central listing | ||||||
14 | of all persons that committed violations resulting in | ||||||
15 | suspension. | ||||||
16 | (4) Use of suspended persons. During the period of a | ||||||
17 | person's suspension under paragraph (1) of this | ||||||
18 | subsection, a State agency shall not enter into any | ||||||
19 | contract with that person or with any contractor using the | ||||||
20 | services of that person as a subcontractor. | ||||||
21 | (5) Duty to check list. Each State agency shall check | ||||||
22 | the central listing provided by the Department of Central | ||||||
23 | Management Services under paragraph (3) of this subsection | ||||||
24 | to verify that a person being awarded a contract by that | ||||||
25 | State agency, or to be used as a subcontractor or supplier | ||||||
26 | on a contract being awarded by that State agency, is not |
| |||||||
| |||||||
1 | under suspension pursuant to paragraph (1) of this | ||||||
2 | subsection. | ||||||
3 | (Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11.)
| ||||||
4 | (30 ILCS 500/50-5)
| ||||||
5 | Sec. 50-5. Bribery.
| ||||||
6 | (a) Prohibition. No person or business shall be awarded a
| ||||||
7 | contract or subcontract under
this Code who:
| ||||||
8 | (1) has been convicted under the laws of Illinois or
| ||||||
9 | any other state of bribery
or attempting to bribe an | ||||||
10 | officer or employee of the State of
Illinois or any other | ||||||
11 | state in that
officer's or employee's official capacity; or
| ||||||
12 | (2) has made an admission of guilt of that conduct that
| ||||||
13 | is a matter of record but
has not been prosecuted for that | ||||||
14 | conduct.
| ||||||
15 | (b) Businesses. No business shall be barred from
| ||||||
16 | contracting with any unit of State or
local government, or | ||||||
17 | subcontracting under such a contract, as a result of a | ||||||
18 | conviction under this Section of
any employee or agent of the
| ||||||
19 | business if the employee or agent is no longer employed by the
| ||||||
20 | business and:
| ||||||
21 | (1) the business has been finally adjudicated not
| ||||||
22 | guilty; or
| ||||||
23 | (2) the business demonstrates to the governmental
| ||||||
24 | entity with which it seeks to
contract or which is a | ||||||
25 | signatory to the contract to which the subcontract relates, |
| |||||||
| |||||||
1 | and that entity finds that the commission of the offense
| ||||||
2 | was not authorized, requested,
commanded, or performed by a | ||||||
3 | director, officer, or high managerial
agent on behalf of | ||||||
4 | the
business as provided in paragraph (2) of subsection (a) | ||||||
5 | of Section
5-4 of the Criminal Code of
2012 1961 .
| ||||||
6 | (c) Conduct on behalf of business. For purposes of this
| ||||||
7 | Section, when an official, agent,
or employee of a business | ||||||
8 | committed the bribery or attempted
bribery on behalf of the | ||||||
9 | business
and in accordance with the direction or authorization | ||||||
10 | of a responsible
official of the business, the
business shall | ||||||
11 | be chargeable with the conduct.
| ||||||
12 | (d) Certification. Every bid submitted to and contract
| ||||||
13 | executed by the State and every subcontract subject to Section | ||||||
14 | 20-120 of this Code shall
contain a certification by the | ||||||
15 | contractor or the subcontractor, respectively, that the | ||||||
16 | contractor or subcontractor is
not barred from being awarded a
| ||||||
17 | contract or subcontract under this Section and acknowledges | ||||||
18 | that the chief procurement officer may declare the related | ||||||
19 | contract void if any certifications required by this Section | ||||||
20 | are false. If the false certification is made by a | ||||||
21 | subcontractor, then the contractor's submitted bid and the | ||||||
22 | executed contract may not be declared void, unless the | ||||||
23 | contractor refuses to terminate the subcontract upon the | ||||||
24 | State's request after a finding that the subcontract's | ||||||
25 | certification was false. A contractor or subcontractor who
| ||||||
26 | makes a false statement, material
to the certification, commits |
| |||||||
| |||||||
1 | a Class 3 felony.
| ||||||
2 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
3 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
4 | eff. 8-3-12.)
| ||||||
5 | (30 ILCS 500/50-70)
| ||||||
6 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
7 | applicable provisions of
the following Acts:
| ||||||
8 | (1) Article 33E of the Criminal Code of 2012 1961 ;
| ||||||
9 | (2) the Illinois Human Rights Act;
| ||||||
10 | (3) the Discriminatory Club Act;
| ||||||
11 | (4) the Illinois Governmental Ethics Act;
| ||||||
12 | (5) the State Prompt Payment Act;
| ||||||
13 | (6) the Public Officer Prohibited Activities Act;
| ||||||
14 | (7) the Drug Free Workplace Act;
| ||||||
15 | (8) the Illinois Power Agency Act;
| ||||||
16 | (9)
the Employee Classification Act; and
| ||||||
17 | (10) the State Officials and Employees Ethics Act. | ||||||
18 | (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; 95-876, | ||||||
19 | eff. 8-21-08; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
20 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
21 | Section 115. The Intergovernmental Drug Laws Enforcement | ||||||
22 | Act is amended by changing Section 3 as follows:
| ||||||
23 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
|
| |||||||
| |||||||
1 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
2 | minimum
criteria established in this Section is eligible to | ||||||
3 | receive State grants
to help defray the costs of operation. To | ||||||
4 | be eligible a MEG must:
| ||||||
5 | (1) Be established and operating pursuant to | ||||||
6 | intergovernmental
contracts written and executed in conformity | ||||||
7 | with the Intergovernmental
Cooperation Act, and involve 2 or | ||||||
8 | more units of local government.
| ||||||
9 | (2) Establish a MEG Policy Board composed of an elected | ||||||
10 | official, or
his designee, and the chief law enforcement | ||||||
11 | officer, or his designee,
from each participating unit of local | ||||||
12 | government to oversee the
operations of the MEG and make such | ||||||
13 | reports to the Department of State
Police as the Department may | ||||||
14 | require.
| ||||||
15 | (3) Designate a single appropriate elected official of a
| ||||||
16 | participating unit of local government to act as the financial | ||||||
17 | officer
of the MEG for all participating units of local | ||||||
18 | government and to
receive funds for the operation of the MEG.
| ||||||
19 | (4) Limit its operations to enforcement of drug laws; | ||||||
20 | enforcement of
Sections 24-2.1,
24-2.2, 24-3, 24-3.1, 24-3.3, | ||||||
21 | 24-3.4, 24-4, and 24-5 and subsections
24-1(a)(4), 24-1(a)(6), | ||||||
22 | 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and 24-1(c) of the
| ||||||
23 | Criminal Code of 2012 1961 ; and the investigation of streetgang | ||||||
24 | related offenses.
| ||||||
25 | (5) Cooperate with the Department of State Police in order | ||||||
26 | to
assure compliance with this Act and to enable the Department |
| |||||||
| |||||||
1 | to fulfill
its duties under this Act, and supply the Department | ||||||
2 | with all
information the Department deems necessary therefor.
| ||||||
3 | (6) Receive funding of at least 50% of the total operating | ||||||
4 | budget of
the MEG from the participating units of local | ||||||
5 | government.
| ||||||
6 | (Source: P.A. 88-677, eff. 12-15-94.)
| ||||||
7 | Section 120. The Illinois Income Tax Act is amended by | ||||||
8 | changing Sections 504 and 1302 as follows:
| ||||||
9 | (35 ILCS 5/504) (from Ch. 120, par. 5-504)
| ||||||
10 | Sec. 504. Verification. Each return or notice required to | ||||||
11 | be filed under this Act shall contain
or be verified by a | ||||||
12 | written declaration that it is made under the penalties
of | ||||||
13 | perjury. A taxpayer's signing a fraudulent return under this | ||||||
14 | Act is
perjury, as defined in Section 32-2 of the Criminal Code | ||||||
15 | of 2012 1961 .
| ||||||
16 | (Source: P.A. 82-1009.)
| ||||||
17 | (35 ILCS 5/1302) (from Ch. 120, par. 13-1302)
| ||||||
18 | Sec. 1302. Willful Failure to Pay Over. Any person who | ||||||
19 | accepts money that is due to the Department under this
Act from | ||||||
20 | a taxpayer for the purpose of acting as the taxpayer's agent to
| ||||||
21 | make the payment to the Department, but who willfully fails to | ||||||
22 | remit such
payment to the Department when due, shall be guilty | ||||||
23 | of a Class A misdemeanor.
Any such person who purports to make |
| |||||||
| |||||||
1 | such payment by issuing or delivering
a check or other order | ||||||
2 | upon a real or fictitious depository for the payment
of money, | ||||||
3 | knowing that it will not be paid by the depository, shall be | ||||||
4 | guilty
of a deceptive practice in violation of Section 17-1 of | ||||||
5 | the Criminal Code
of 2012 1961, as amended . Any person whose | ||||||
6 | commercial domicile or whose
residence is in this State and who | ||||||
7 | is charged with a violation under this
Section shall be tried | ||||||
8 | in the county where his commercial domicile or his
residence is | ||||||
9 | located unless he asserts a right to be tried in another
venue. | ||||||
10 | A prosecution for any act in violation of this Section
may be | ||||||
11 | commenced at any time within 5 years of the commission of that | ||||||
12 | act.
| ||||||
13 | (Source: P.A. 84-221.)
| ||||||
14 | Section 125. The Use Tax Act is amended by changing | ||||||
15 | Sections 14 and 15 as follows:
| ||||||
16 | (35 ILCS 105/14) (from Ch. 120, par. 439.14)
| ||||||
17 | Sec. 14.
When the amount due is under $300, any person | ||||||
18 | subject to
the provisions hereof who fails to file a
return, or | ||||||
19 | who violates any other provision of Section 9 or Section 10 | ||||||
20 | hereof,
or who fails to keep books and records as required | ||||||
21 | herein, or who files a
fraudulent return, or who wilfully | ||||||
22 | violates any rule or regulation of the
Department for the | ||||||
23 | administration and enforcement of the provisions hereof,
or any | ||||||
24 | officer or agent of a corporation or manager, member, or agent |
| |||||||
| |||||||
1 | of a
limited liability company subject hereto who signs a | ||||||
2 | fraudulent return filed on
behalf of such corporation or | ||||||
3 | limited liability company, or any accountant or
other agent who | ||||||
4 | knowingly enters false information on the return of any
| ||||||
5 | taxpayer under this Act, or any person who violates any of the | ||||||
6 | provisions
of Sections 3, 5 or 7 hereof, or any purchaser who | ||||||
7 | obtains a registration
number or resale number from the | ||||||
8 | Department through misrepresentation, or
who represents to a | ||||||
9 | seller that such purchaser has a registration number or
a | ||||||
10 | resale number from the Department when he knows that he does | ||||||
11 | not, or who
uses his registration number or resale number to | ||||||
12 | make a seller believe that
he is buying tangible personal | ||||||
13 | property for resale when such purchaser in
fact knows that this | ||||||
14 | is not the case, is guilty of a Class 4 felony.
| ||||||
15 | Any person who violates any provision of Section 6 hereof, | ||||||
16 | or who
engages in the business of selling tangible personal | ||||||
17 | property at retail
after his Certificate of Registration under | ||||||
18 | this Act has been revoked in
accordance with Section 12 of this | ||||||
19 | Act, is guilty of a Class 4 felony.
Each day any such person is | ||||||
20 | engaged in business in violation of Section 6,
or after his | ||||||
21 | Certificate of Registration under this Act has been revoked,
| ||||||
22 | constitutes a separate offense.
| ||||||
23 | When the amount due is under $300, any person who accepts | ||||||
24 | money that
is due to the Department under this Act from a | ||||||
25 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
26 | make the payment to the Department, but who
fails to remit such |
| |||||||
| |||||||
1 | payment to the Department when due is guilty of a Class 4
| ||||||
2 | felony.
Any such person who purports to make such payment by | ||||||
3 | issuing or delivering
a check or other order upon a real or | ||||||
4 | fictitious depository for the payment
of money, knowing that it | ||||||
5 | will not be paid by the depository, shall be guilty
of a | ||||||
6 | deceptive practice in violation of Section 17-1 of the Criminal | ||||||
7 | Code
of 2012 1961, as amended .
| ||||||
8 | When the amount due is $300 or more any person subject to | ||||||
9 | the provisions
hereof who fails to file a return or who | ||||||
10 | violates any other provision of
Section 9 or Section 10 hereof | ||||||
11 | or who fails to keep books and records as
required herein or | ||||||
12 | who files a fraudulent return, or who wilfully violates
any | ||||||
13 | rule or regulation of the Department for the administration and
| ||||||
14 | enforcement of the provisions hereof, or any officer or agent | ||||||
15 | of a
corporation or manager, member, or agent of a limited | ||||||
16 | liability company
subject hereto who signs a fraudulent return | ||||||
17 | filed on behalf of
such corporation or limited liability | ||||||
18 | company, or any accountant or other
agent who knowingly enters | ||||||
19 | false information on the return of any taxpayer
under this Act | ||||||
20 | or any person who violates any of the provisions of Sections 3,
| ||||||
21 | 5 or 7 hereof or any purchaser who obtains a registration | ||||||
22 | number or resale
number from the Department through | ||||||
23 | misrepresentation, or who represents to a
seller that such | ||||||
24 | purchaser has a registration number or a resale number from
the | ||||||
25 | Department when he knows that he does not or who uses his | ||||||
26 | registration
number or resale number to make a seller believe |
| |||||||
| |||||||
1 | that he is buying tangible
personal property for resale when | ||||||
2 | such purchaser in fact knows that this is not
the case, is | ||||||
3 | guilty of a Class 3 felony.
| ||||||
4 | When the amount due is $300 or more any person who accepts | ||||||
5 | money that is
due to the Department under this Act from a | ||||||
6 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
7 | make the payment to the Department, but who
fails to remit such | ||||||
8 | payment to the Department when due is guilty of a Class
3 | ||||||
9 | felony. Any such person who purports to make such payment by | ||||||
10 | issuing or
delivering a check or other order upon a real or | ||||||
11 | fictitious depository for
the payment of money, knowing that it | ||||||
12 | will not be paid by the depository
shall be guilty of a | ||||||
13 | deceptive practice in violation of Section 17-1 of the
Criminal | ||||||
14 | Code of 2012 1961, as amended .
| ||||||
15 | Any seller who collects or attempts to collect use tax | ||||||
16 | measured by
receipts which such seller knows are not subject to | ||||||
17 | use tax, or any seller
who knowingly over-collects or attempts | ||||||
18 | to over-collect use tax in a
transaction which is subject to | ||||||
19 | the tax that is imposed by this Act, shall
be guilty of a Class | ||||||
20 | 4 felony for each such offense. This paragraph
does not apply | ||||||
21 | to an amount collected by the seller as use tax on receipts
| ||||||
22 | which are subject to tax under this Act as long as such | ||||||
23 | collection is made
in compliance with the tax collection | ||||||
24 | brackets prescribed by the Department
in its Rules and | ||||||
25 | Regulations.
| ||||||
26 | Any taxpayer or agent of a taxpayer who with the intent to |
| |||||||
| |||||||
1 | defraud
purports to make a payment due to the Department by | ||||||
2 | issuing or delivering a
check or other order upon a real or | ||||||
3 | fictitious depository for the payment
of money, knowing that it | ||||||
4 | will not be paid by the depository, shall be
guilty of a | ||||||
5 | deceptive practice in violation of Section 17-1 of the Criminal
| ||||||
6 | Code of 2012 1961, as amended .
| ||||||
7 | A prosecution for any act in violation of this Section may | ||||||
8 | be commenced
at any time within 3 years of the commission of | ||||||
9 | that Act.
| ||||||
10 | This Section does not apply if the violation in a | ||||||
11 | particular case also
constitutes a criminal violation of the | ||||||
12 | Retailers' Occupation Tax Act.
| ||||||
13 | (Source: P.A. 88-480.)
| ||||||
14 | (35 ILCS 105/15) (from Ch. 120, par. 439.15)
| ||||||
15 | Sec. 15.
The tax herein imposed shall be in addition to all | ||||||
16 | other
occupation or privilege taxes imposed by the State of | ||||||
17 | Illinois or by any
municipal corporation or political | ||||||
18 | subdivision thereof.
| ||||||
19 | Any taxpayer or agent of a taxpayer who with the intent to | ||||||
20 | defraud
purports to make a payment due to the Department by | ||||||
21 | issuing or delivering a
check or other order upon a real or | ||||||
22 | fictitious depository for the payment
of money, knowing that it | ||||||
23 | will not be paid by the depository, shall be
guilty of a | ||||||
24 | deceptive practice in violation of Section 17-1 of the Criminal
| ||||||
25 | Code of 2012 1961, as amended .
|
| |||||||
| |||||||
1 | (Source: P.A. 84-221.)
| ||||||
2 | Section 130. The Service Use Tax Act is amended by changing | ||||||
3 | Section 15 as follows:
| ||||||
4 | (35 ILCS 110/15) (from Ch. 120, par. 439.45)
| ||||||
5 | Sec. 15.
When the amount due is under $300, any person | ||||||
6 | subject to
the provisions hereof who fails to file a
return, or | ||||||
7 | who violates any other provision of Section 9 or Section 10 | ||||||
8 | hereof,
or who fails to keep books and records as required | ||||||
9 | herein, or who files a
fraudulent return, or who wilfully | ||||||
10 | violates any Rule or Regulation of the
Department for the | ||||||
11 | administration and enforcement of the provisions hereof,
or any | ||||||
12 | officer or agent of a corporation, or manager, member, or agent | ||||||
13 | of a
limited liability company, subject hereto who signs a | ||||||
14 | fraudulent return filed
on behalf of such corporation or | ||||||
15 | limited liability company, or any accountant
or other agent who | ||||||
16 | knowingly enters false information on the return of any
| ||||||
17 | taxpayer under this Act, or any person who violates any of the | ||||||
18 | provisions
of Sections 3 and 5 hereof, or any purchaser who | ||||||
19 | obtains a registration
number or resale number from the | ||||||
20 | Department through misrepresentation, or
who represents to a | ||||||
21 | seller that such purchaser has a registration number or
a | ||||||
22 | resale number from the Department when he knows that he does | ||||||
23 | not, or who
uses his registration number or resale number to | ||||||
24 | make a seller believe that
he is buying tangible personal |
| |||||||
| |||||||
1 | property for resale when such purchaser in
fact knows that this | ||||||
2 | is not the case, is guilty of a Class 4 felony.
| ||||||
3 | Any person who violates any provision of Section 6 hereof, | ||||||
4 | or who
engages in the business of making sales of service after | ||||||
5 | his Certificate of
Registration under this Act has been revoked | ||||||
6 | in accordance with Section 12
of this Act, is guilty of a Class | ||||||
7 | 4 felony. Each day any such person
is engaged in business in | ||||||
8 | violation of Section 6, or after his Certificate of
| ||||||
9 | Registration under this Act has been revoked, constitutes a | ||||||
10 | separate offense.
| ||||||
11 | When the amount due is under $300, any person who accepts | ||||||
12 | money that
is due to the Department under this Act from a | ||||||
13 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
14 | make the payment to the Department, but who
fails to remit such | ||||||
15 | payment to the Department when due is guilty of a Class 4
| ||||||
16 | felony. Any such person who purports to make such payment by | ||||||
17 | issuing or
delivering a check or other order upon a real or | ||||||
18 | fictitious depository for the
payment of money, knowing that it | ||||||
19 | will not be paid by the depository, shall be
guilty of a | ||||||
20 | deceptive practice in violation of Section 17-1 of the Criminal
| ||||||
21 | Code of 2012 1961, as amended .
| ||||||
22 | When the amount due is $300 or more, any person subject to | ||||||
23 | the
provisions hereof who fails to file a return, or who | ||||||
24 | violates any other
provision of Section 9 or Section 10 hereof, | ||||||
25 | or who fails to keep books and
records as required herein or | ||||||
26 | who files a fraudulent return, or who
willfully violates any |
| |||||||
| |||||||
1 | rule or regulation of the Department for the
administration and | ||||||
2 | enforcement of the provisions hereof, or any officer or
agent | ||||||
3 | of a corporation, or manager, member, or agent of a limited | ||||||
4 | liability
company, subject hereto who signs a fraudulent return | ||||||
5 | filed on behalf of such
corporation or limited liability | ||||||
6 | company, or any accountant or other agent who
knowingly enters | ||||||
7 | false information on the return of any taxpayer under this
Act, | ||||||
8 | or any person who violates any of the provisions of Sections 3 | ||||||
9 | and 5
hereof, or any purchaser who obtains a registration | ||||||
10 | number or resale number
from the Department through | ||||||
11 | misrepresentation, or who represents to a
seller that such | ||||||
12 | purchaser has a registration number or a resale number
from the | ||||||
13 | Department when he knows that he does not, or who uses his
| ||||||
14 | registration number or resale number to make a seller believe | ||||||
15 | that he is buying tangible personal property for resale when | ||||||
16 | such purchaser in
fact knows that this is not the case, is | ||||||
17 | guilty of a Class 3 felony.
| ||||||
18 | When the amount due is $300 or more, any person who accepts | ||||||
19 | money that is
due to the Department under this Act from a | ||||||
20 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
21 | make the payment to the Department, but
who fails to remit such | ||||||
22 | payment to the Department when due is guilty of a
Class 3 | ||||||
23 | felony. Any such person who purports to make such payment by
| ||||||
24 | issuing or delivering a check or other order upon a real or | ||||||
25 | fictitious
depository for the payment of money, knowing that it | ||||||
26 | will not be paid by
the depository, shall be guilty of a |
| |||||||
| |||||||
1 | deceptive practice in violation of
Section 17-1 of the Criminal | ||||||
2 | Code of 2012 1961, as amended .
| ||||||
3 | Any serviceman who collects or attempts to collect Service | ||||||
4 | Use Tax
measured by receipts or selling prices which such | ||||||
5 | serviceman knows are not
subject to Service Use Tax, or any | ||||||
6 | serviceman who knowingly over-collects
or attempts to | ||||||
7 | over-collect Service Use Tax in a transaction which is
subject | ||||||
8 | to the tax that is imposed by this Act, shall be guilty of a
| ||||||
9 | Class 4 felony for each offense. This paragraph does not apply | ||||||
10 | to an amount
collected by the serviceman as Service Use Tax on | ||||||
11 | receipts or selling prices
which are subject to tax under this | ||||||
12 | Act as long as such collection is made
in compliance with the | ||||||
13 | tax collection brackets prescribed by the Department
in its | ||||||
14 | Rules and Regulations.
| ||||||
15 | Any taxpayer or agent of a taxpayer who with the intent to | ||||||
16 | defraud
purports to make a payment due to the Department by | ||||||
17 | issuing or delivering a
check or other order upon a real or | ||||||
18 | fictitious depository for the payment
of money, knowing that it | ||||||
19 | will not be paid by the depository, shall be
guilty of a | ||||||
20 | deceptive practice in violation of Section 17-1 of the Criminal
| ||||||
21 | Code of 2012 1961, as amended .
| ||||||
22 | A prosecution for any Act in violation of this Section may | ||||||
23 | be commenced
at any time within 3 years of the commission of | ||||||
24 | that Act.
| ||||||
25 | This Section does not apply if the violation in a | ||||||
26 | particular case also
constitutes a criminal violation of the |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Act, the
Use Tax Act or the Service | ||||||
2 | Occupation Tax Act.
| ||||||
3 | (Source: P.A. 90-655, eff. 7-30-98; 91-51, eff. 6-30-99.)
| ||||||
4 | Section 135. The Service Occupation Tax Act is amended by | ||||||
5 | changing Section 15 as follows:
| ||||||
6 | (35 ILCS 115/15) (from Ch. 120, par. 439.115)
| ||||||
7 | Sec. 15.
When the amount due is under $300, any person | ||||||
8 | subject to the
provisions hereof who fails to file a return, or | ||||||
9 | who violates any other
provision of Section 9 or Section 10 | ||||||
10 | hereof, or who fails to keep books and
records as required | ||||||
11 | herein, or who files a fraudulent return, or who wilfully
| ||||||
12 | violates any Rule or Regulation of the Department for the | ||||||
13 | administration and
enforcement of the provisions hereof, or any | ||||||
14 | officer or agent of a corporation,
or manager, member, or agent | ||||||
15 | of a limited liability company, subject hereto who
signs a | ||||||
16 | fraudulent return filed on behalf of such corporation or | ||||||
17 | limited
liability company, or any accountant or other agent who | ||||||
18 | knowingly enters false
information on the return of any | ||||||
19 | taxpayer under this Act, or any person who
violates any of the | ||||||
20 | provisions of Sections 3, 5 or 7 hereof, or any purchaser
who | ||||||
21 | obtains a registration number or resale number from the | ||||||
22 | Department through
misrepresentation, or who represents to a | ||||||
23 | seller that such purchaser has a
registration number or a | ||||||
24 | resale number from the Department when he knows that
he does |
| |||||||
| |||||||
1 | not, or who uses his registration number or resale number to | ||||||
2 | make a
seller believe that he is buying tangible personal | ||||||
3 | property for resale when
such purchaser in fact knows that this | ||||||
4 | is not the case, is guilty of a Class 4
felony.
| ||||||
5 | Any person who violates any provision of Section 6 hereof, | ||||||
6 | or who
engages in the business of making sales of service after | ||||||
7 | his Certificate of
Registration under this Act has been revoked | ||||||
8 | in accordance with Section 12
of this Act, is guilty of a Class | ||||||
9 | 4 felony. Each day any such person
is engaged in business in | ||||||
10 | violation of Section 6, or after his Certificate of
| ||||||
11 | Registration under this Act has been revoked, constitutes a | ||||||
12 | separate offense.
| ||||||
13 | When the amount due is under $300, any person who accepts | ||||||
14 | money that
is due to the Department under this Act from a | ||||||
15 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
16 | make the payment to the Department, but
who fails to remit such | ||||||
17 | payment to the Department when due is guilty of a
Class 4 | ||||||
18 | felony. Any such person who purports to make such payment by
| ||||||
19 | issuing or delivering a check or other order upon a real or | ||||||
20 | fictitious
depository for the payment of money, knowing that it | ||||||
21 | will not be paid by
the depository, shall be guilty of a | ||||||
22 | deceptive practice in violation of
Section 17-1 of the Criminal | ||||||
23 | Code of 2012 1961, as amended .
| ||||||
24 | When the amount due is $300 or more, any person subject to | ||||||
25 | the
provisions hereof who fails to file a return, or who | ||||||
26 | violates any other
provision of Section 9 or Section 10 hereof, |
| |||||||
| |||||||
1 | or who fails to keep books and
records as required herein, or | ||||||
2 | who files a fraudulent return, or who
wilfully violates any | ||||||
3 | rule or regulation of the Department for the
administration and | ||||||
4 | enforcement of the provisions hereof, or any officer or
agent | ||||||
5 | of a corporation, or manager, member, or agent of a limited | ||||||
6 | liability
company, subject hereto who signs a fraudulent return | ||||||
7 | filed on behalf of such
corporation or limited liability | ||||||
8 | company, or any accountant or other agent who
knowingly enters | ||||||
9 | false information on the return of any taxpayer under this
Act, | ||||||
10 | or any person who violates any of the provisions of Sections 3, | ||||||
11 | 5 or 7
hereof, or any purchaser who obtains a registration | ||||||
12 | number or resale number
from the Department through | ||||||
13 | misrepresentation, or who represents to
a seller that such | ||||||
14 | purchaser has a registration number or a resale number
from the | ||||||
15 | Department when he knows that he does not, or who uses his
| ||||||
16 | registration number or resale number to make a seller believe | ||||||
17 | that he is
buying tangible personal property for resale when | ||||||
18 | such purchaser in fact
knows that this is not the case, is | ||||||
19 | guilty of a Class 3 felony.
| ||||||
20 | When the amount due is $300 or more, any person who accepts | ||||||
21 | money that is
due to the Department under this Act from a | ||||||
22 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
23 | make the payment to the
Department but who fails to remit such | ||||||
24 | payment to the Department when due
is guilty of a Class 3 | ||||||
25 | felony. Any such person who purports to make such
payment by | ||||||
26 | issuing or delivering a check or other order upon a real or
|
| |||||||
| |||||||
1 | fictitious depository for the payment of money, knowing that it | ||||||
2 | will not be
paid by the depository shall be guilty of a | ||||||
3 | deceptive practice in violation
of Section 17-1 of the Criminal | ||||||
4 | Code of 2012 1961, as amended .
| ||||||
5 | Any serviceman who collects or attempts to collect Service | ||||||
6 | Occupation Tax,
measured by receipts which such serviceman | ||||||
7 | knows are not subject to Service
Occupation Tax, or any | ||||||
8 | serviceman who collects or attempts to collect an
amount | ||||||
9 | (however designated) which purports to reimburse such | ||||||
10 | serviceman for
Service Occupation Tax liability measured by | ||||||
11 | receipts or selling prices which
such serviceman knows are not | ||||||
12 | subject to Service Occupation Tax, or any
serviceman who | ||||||
13 | knowingly over-collects or attempts to
over-collect Service | ||||||
14 | Occupation Tax or an amount purporting to be
reimbursement for | ||||||
15 | Service Occupation Tax liability in a transaction which
is | ||||||
16 | subject to the tax that is imposed by this Act, shall be guilty | ||||||
17 | of a
Class 4 felony for each such offense. This paragraph does | ||||||
18 | not apply to an
amount collected by the serviceman as | ||||||
19 | reimbursement for the serviceman's
Service Occupation Tax | ||||||
20 | liability on receipts or selling prices which are
subject to | ||||||
21 | tax under this Act, as long as such collection is made in
| ||||||
22 | compliance with the tax collection brackets prescribed by the | ||||||
23 | Department in
its Rules and Regulations.
| ||||||
24 | A prosecution for any act in violation of this Section may | ||||||
25 | be commenced
at any time within 3 years of the commission of | ||||||
26 | that act.
|
| |||||||
| |||||||
1 | This Section does not apply if the violation in a | ||||||
2 | particular case also
constitutes a criminal violation of the | ||||||
3 | Retailers' Occupation Tax Act or
the Use Tax Act.
| ||||||
4 | (Source: P.A. 91-51, eff. 6-30-99.)
| ||||||
5 | Section 140. The Retailers' Occupation Tax Act is amended | ||||||
6 | by changing Section 13 as follows:
| ||||||
7 | (35 ILCS 120/13) (from Ch. 120, par. 452)
| ||||||
8 | Sec. 13. Criminal penalties. | ||||||
9 | (a) When the amount due is under $300, any person engaged
| ||||||
10 | in the business of selling tangible personal property at retail | ||||||
11 | in this
State who fails to file a return, or who files a | ||||||
12 | fraudulent return, or
any officer, employee or agent of a | ||||||
13 | corporation, member, employee or
agent of a partnership, or | ||||||
14 | manager, member, agent, or employee of a limited
liability | ||||||
15 | company engaged in the business of selling tangible personal
| ||||||
16 | property at retail in this State who, as such officer, | ||||||
17 | employee, agent,
manager, or member is under a duty to file a | ||||||
18 | return, or any officer, agent or
employee of a corporation, | ||||||
19 | member, agent, or employee of a partnership, or
manager, | ||||||
20 | member, agent, or employee of a limited liability company | ||||||
21 | engaged in
the business of selling tangible personal property | ||||||
22 | at retail in this State who
files or causes to be filed or | ||||||
23 | signs or causes to be signed a fraudulent
return filed on | ||||||
24 | behalf of such corporation or limited liability company, or
any |
| |||||||
| |||||||
1 | accountant or other agent who knowingly enters false | ||||||
2 | information on the
return of any taxpayer under this Act, is | ||||||
3 | guilty of a Class 4 felony.
| ||||||
4 | Any person who or any officer or director of any | ||||||
5 | corporation, partner or
member of any partnership, or manager | ||||||
6 | or member of a limited liability company
that: (a) violates | ||||||
7 | Section 2a of this Act or (b) fails to keep books and
records, | ||||||
8 | or fails to produce books and records as required by Section 7 | ||||||
9 | or (c)
willfully violates a rule or regulation of the | ||||||
10 | Department for the
administration and enforcement of this Act | ||||||
11 | is guilty of a Class A misdemeanor.
Any person, manager or | ||||||
12 | member of a limited liability company, or officer or
director | ||||||
13 | of any corporation who engages in the business of selling | ||||||
14 | tangible
personal property at retail after the certificate of | ||||||
15 | registration of that
person, corporation, limited liability | ||||||
16 | company, or partnership has been revoked
is guilty of a Class A | ||||||
17 | misdemeanor. Each day such person, corporation, or
partnership | ||||||
18 | is engaged in business without a certificate of registration or
| ||||||
19 | after the certificate of registration of that person, | ||||||
20 | corporation, or
partnership has been revoked constitutes a | ||||||
21 | separate offense.
| ||||||
22 | Any purchaser who obtains a registration number or resale | ||||||
23 | number from
the Department through misrepresentation, or who | ||||||
24 | represents to a seller
that such purchaser has a registration | ||||||
25 | number or a resale number from the
Department when he knows | ||||||
26 | that he does not, or who uses his registration
number or resale |
| |||||||
| |||||||
1 | number to make a seller believe that he is buying tangible
| ||||||
2 | personal property for resale when such purchaser in fact knows | ||||||
3 | that this is
not the case is guilty of a Class 4 felony.
| ||||||
4 | Any distributor, supplier or other reseller of motor fuel | ||||||
5 | registered
pursuant to Section 2a or 2c of this Act who fails | ||||||
6 | to collect the prepaid
tax on invoiced gallons of motor fuel | ||||||
7 | sold or who fails to deliver a statement
of tax paid to the | ||||||
8 | purchaser or to the Department as required by Sections
2d and | ||||||
9 | 2e of this Act, respectively, shall be guilty of a Class A | ||||||
10 | misdemeanor
if the amount due is under $300, and a Class 4 | ||||||
11 | felony if the amount due
is $300 or more.
| ||||||
12 | When the amount due is under $300, any person who accepts | ||||||
13 | money
that is due to the Department under this Act from a | ||||||
14 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
15 | make the payment to the Department, but who
fails to remit such | ||||||
16 | payment to the Department when due is guilty of a Class 4
| ||||||
17 | felony.
| ||||||
18 | Any seller who collects or attempts to collect an amount | ||||||
19 | (however
designated) which purports to reimburse such seller | ||||||
20 | for retailers'
occupation tax liability measured by receipts | ||||||
21 | which such seller knows are
not subject to retailers' | ||||||
22 | occupation tax, or any seller who knowingly
over-collects or | ||||||
23 | attempts to over-collect an amount purporting to reimburse
such | ||||||
24 | seller for retailers' occupation tax liability in a transaction | ||||||
25 | which
is subject to the tax that is imposed by this Act, shall | ||||||
26 | be guilty of a
Class 4 felony for each such offense. This |
| |||||||
| |||||||
1 | paragraph does not apply to
an amount collected by the seller | ||||||
2 | as reimbursement for the seller's
retailers' occupation tax | ||||||
3 | liability on receipts which are subject to tax
under this Act | ||||||
4 | as long as such collection is made in compliance with the
tax | ||||||
5 | collection brackets prescribed by the Department in its Rules | ||||||
6 | and
Regulations.
| ||||||
7 | When the amount due is $300 or more, any person engaged in | ||||||
8 | the business
of selling tangible personal property at retail in | ||||||
9 | this State who fails
to file a return, or who files a | ||||||
10 | fraudulent return, or any officer, employee
or agent of a | ||||||
11 | corporation, member, employee or agent of a partnership, or
| ||||||
12 | manager, member, agent, or employee of a limited liability | ||||||
13 | company engaged in
the business of selling tangible personal | ||||||
14 | property at retail in this State who,
as such officer, | ||||||
15 | employee, agent, manager, or member is under a duty to file a
| ||||||
16 | return and who fails to file such return or any officer, agent, | ||||||
17 | or employee of
a corporation, member, agent or employee of a | ||||||
18 | partnership, or manager, member,
agent, or employee of a | ||||||
19 | limited liability company engaged in the business of
selling | ||||||
20 | tangible personal property at retail in this State who files or | ||||||
21 | causes
to be filed or signs or causes to be signed a fraudulent | ||||||
22 | return filed on behalf
of such corporation or limited liability | ||||||
23 | company, or any accountant or other
agent who knowingly enters | ||||||
24 | false information on the return of any taxpayer
under this Act | ||||||
25 | is guilty of a Class 3 felony.
| ||||||
26 | When the amount due is $300 or more, any person engaged in |
| |||||||
| |||||||
1 | the business
of selling tangible personal property at retail in | ||||||
2 | this State who accepts
money that is due to the Department | ||||||
3 | under this
Act from a taxpayer for the purpose of acting as the | ||||||
4 | taxpayer's agent to
make payment to the Department but fails to | ||||||
5 | remit such payment to the
Department when due, is guilty of a | ||||||
6 | Class 3 felony.
| ||||||
7 | Any person whose principal place of business is in this | ||||||
8 | State and
who is charged with a violation under this Section | ||||||
9 | shall be
tried in the county where his principal place of | ||||||
10 | business is
located unless he asserts a right to be tried in | ||||||
11 | another venue.
| ||||||
12 | Any taxpayer or agent of a taxpayer who with the intent to | ||||||
13 | defraud
purports to make a payment due to the Department by | ||||||
14 | issuing or delivering a
check or other order upon a real or | ||||||
15 | fictitious depository for the payment
of money, knowing that it | ||||||
16 | will not be paid by the depository, shall be
guilty of a | ||||||
17 | deceptive practice in violation of Section 17-1 of the Criminal
| ||||||
18 | Code of 2012 1961, as amended .
| ||||||
19 | (b) A person commits the offense of sales tax evasion under | ||||||
20 | this Act when he knowingly attempts in any manner to evade or | ||||||
21 | defeat the tax imposed on him or on any other person, or the | ||||||
22 | payment thereof, and he commits an affirmative act in | ||||||
23 | furtherance of the evasion. For purposes of this Section, an | ||||||
24 | "affirmative act in furtherance of the evasion" means an act | ||||||
25 | designed in whole or in part to (i) conceal, misrepresent, | ||||||
26 | falsify, or manipulate any material fact or (ii) tamper with or |
| |||||||
| |||||||
1 | destroy documents or materials related to a person's tax | ||||||
2 | liability under this Act. Two or more acts of sales tax evasion | ||||||
3 | may be charged as a single count in any indictment, | ||||||
4 | information, or complaint and the amount of tax deficiency may | ||||||
5 | be aggregated for purposes of determining the amount of tax | ||||||
6 | which is attempted to be or is evaded and the period between | ||||||
7 | the first and last acts may be alleged as the date of the | ||||||
8 | offense. | ||||||
9 | (1) When the amount of tax, the assessment or payment | ||||||
10 | of which is attempted to be or is evaded is less than $500 | ||||||
11 | a person is guilty of a Class 4 felony. | ||||||
12 | (2) When the amount of tax, the assessment or payment | ||||||
13 | of which is attempted to be or is evaded is $500 or more | ||||||
14 | but less than $10,000, a person is guilty of a Class 3 | ||||||
15 | felony. | ||||||
16 | (3) When the amount of tax, the assessment or payment | ||||||
17 | of which is attempted to be or is evaded is $10,000 or more | ||||||
18 | but less than $100,000, a person is guilty of a Class 2 | ||||||
19 | felony. | ||||||
20 | (4) When the amount of tax, the assessment or payment | ||||||
21 | of which is attempted to be or is evaded is $100,000 or | ||||||
22 | more, a person is guilty of a Class 1 felony. | ||||||
23 | (c) A prosecution for any act in violation of this Section | ||||||
24 | may be commenced
at any time within 5 years of the commission | ||||||
25 | of that act.
| ||||||
26 | (Source: P.A. 97-1074, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | Section 145. The Tobacco Products Tax Act of 1995 is | ||||||
2 | amended by changing Section 10-50 as follows:
| ||||||
3 | (35 ILCS 143/10-50)
| ||||||
4 | Sec. 10-50. Violations and penalties. When the amount due | ||||||
5 | is under $300,
any distributor who fails to file a return, | ||||||
6 | wilfully fails or refuses to
make any payment to the Department | ||||||
7 | of the tax imposed by this Act, or files
a fraudulent return, | ||||||
8 | or any officer or agent of a corporation engaged in the
| ||||||
9 | business of distributing tobacco products to retailers and | ||||||
10 | consumers
located in this State who signs a fraudulent
return | ||||||
11 | filed on behalf of the corporation, or any accountant or other | ||||||
12 | agent
who knowingly enters false information on the return of | ||||||
13 | any taxpayer under this
Act is guilty of a Class 4 felony.
| ||||||
14 | Any person who violates any provision of Section 10-20 of | ||||||
15 | this Act, fails
to keep books and records as required under | ||||||
16 | this Act, or wilfully violates a
rule or regulation of the | ||||||
17 | Department for the administration and enforcement of
this Act | ||||||
18 | is guilty of a Class 4 felony. A person commits a separate | ||||||
19 | offense on
each day that he or she engages in business in | ||||||
20 | violation of Section 10-20 of
this Act.
| ||||||
21 | When the amount due is under $300, any person who accepts | ||||||
22 | money that is due
to the Department under this Act from a | ||||||
23 | taxpayer for the purpose of acting as
the taxpayer's agent to | ||||||
24 | make the payment to the Department, but who fails to
remit the |
| |||||||
| |||||||
1 | payment to the Department when due, is guilty of a Class 4 | ||||||
2 | felony.
| ||||||
3 | When the amount due is $300 or more, any distributor who | ||||||
4 | files,
or causes to be filed, a fraudulent return, or any | ||||||
5 | officer or agent of a
corporation engaged in the business of | ||||||
6 | distributing tobacco products
to retailers and consumers | ||||||
7 | located in this State who files or causes to be
filed or signs | ||||||
8 | or causes
to be signed a fraudulent return filed on behalf of | ||||||
9 | the corporation, or
any accountant or other agent who knowingly | ||||||
10 | enters false information on
the return of any taxpayer under | ||||||
11 | this Act is guilty of a Class 3 felony.
| ||||||
12 | When the amount due is $300 or more, any person engaged in | ||||||
13 | the business
of distributing tobacco products to retailers and | ||||||
14 | consumers located in this
State who fails to file a return,
| ||||||
15 | wilfully fails or refuses to make any payment to the Department | ||||||
16 | of the tax
imposed by this Act, or accepts money that is due to | ||||||
17 | the Department under
this Act from a taxpayer for the purpose | ||||||
18 | of acting as the taxpayer's agent to
make payment to the | ||||||
19 | Department but fails to remit such payment to the
Department | ||||||
20 | when due is guilty of a Class 3 felony.
| ||||||
21 | Any person whose principal place of business is in this | ||||||
22 | State and
who is charged with a violation under this Section | ||||||
23 | shall be
tried in the county where his or her principal place | ||||||
24 | of business is
located unless he or she asserts a right to be | ||||||
25 | tried in another venue.
If the taxpayer does not have his or | ||||||
26 | her principal place of business
in this State, however, the |
| |||||||
| |||||||
1 | hearing must be held in Sangamon County unless
the taxpayer | ||||||
2 | asserts a right to be tried in another venue.
| ||||||
3 | Any taxpayer or agent of a taxpayer who with the intent to | ||||||
4 | defraud
purports to make a payment due to the Department by | ||||||
5 | issuing or delivering a
check or other order upon a real or | ||||||
6 | fictitious depository for the payment
of money, knowing that it | ||||||
7 | will not be paid by the depository, is
guilty of a deceptive | ||||||
8 | practice in violation of Section 17-1 of the Criminal
Code of | ||||||
9 | 2012 1961 .
| ||||||
10 | A prosecution for a violation described in this Section may | ||||||
11 | be commenced
within 3 years after the commission of the act | ||||||
12 | constituting the violation.
| ||||||
13 | (Source: P.A. 92-231, eff. 8-2-01.)
| ||||||
14 | Section 150. The Hotel Operators' Occupation Tax Act is | ||||||
15 | amended by changing Section 8 as follows:
| ||||||
16 | (35 ILCS 145/8) (from Ch. 120, par. 481b.38)
| ||||||
17 | Sec. 8.
When the amount due is under $300, any person | ||||||
18 | engaged in the
business of renting, leasing or letting
hotel | ||||||
19 | rooms in this State who fails to make a return, or to keep | ||||||
20 | books and
records as required herein, or who makes a fraudulent | ||||||
21 | return, or who
wilfully violates any rule or regulation of the | ||||||
22 | Department for the
administration and enforcement of the | ||||||
23 | provisions of this Act, or any
officer or agent of a | ||||||
24 | corporation engaged in the business of renting,
leasing or |
| |||||||
| |||||||
1 | letting hotel rooms in this State who signs a fraudulent return
| ||||||
2 | made on behalf of such corporation, is guilty of a Class 4 | ||||||
3 | felony.
| ||||||
4 | Any person who violates any provision of Section 5 of this | ||||||
5 | Act is guilty
of a Class 4 felony. Each and every day any
such | ||||||
6 | person is engaged in
business in violation of said Section 5 | ||||||
7 | shall constitute a separate offense.
| ||||||
8 | When the amount due is under $300, any person who accepts | ||||||
9 | money that
is due to the Department under this
Act from a | ||||||
10 | taxpayer for the purpose of acting as the taxpayer's agent to
| ||||||
11 | make the payment to the Department, but who fails to remit such | ||||||
12 | payment to
the Department when due is guilty of a Class 4 | ||||||
13 | felony.
Any such person who purports to make such payment by | ||||||
14 | issuing or delivering
a check or other order upon a real or | ||||||
15 | fictitious depository for the payment
of money, knowing that it | ||||||
16 | will not be paid by the depository, shall be guilty
of a | ||||||
17 | deceptive practice in violation of Section 17-1 of the Criminal | ||||||
18 | Code
of 2012 1961, as amended .
| ||||||
19 | Any hotel operator who collects or attempts to collect an | ||||||
20 | amount
(however designated) which purports to reimburse such | ||||||
21 | operator for hotel
operators' occupation tax liability | ||||||
22 | measured by receipts which such
operator knows are not subject | ||||||
23 | to hotel operators' occupation tax, or any
hotel operator who | ||||||
24 | knowingly over-collects or attempts to over-collect an
amount | ||||||
25 | purporting to reimburse such operator for hotel operators'
| ||||||
26 | occupation tax liability in a transaction which is subject to |
| |||||||
| |||||||
1 | the tax that
is imposed by this Act, shall be guilty of a Class | ||||||
2 | 4 felony.
| ||||||
3 | When the amount due is $300 or more, any person engaged in | ||||||
4 | the business
of renting, leasing or letting hotel rooms in this | ||||||
5 | State who
fails to make a return, or to keep books and
records | ||||||
6 | as required herein, or who makes a fraudulent return, or who
| ||||||
7 | wilfully violates any rule or regulation of the Department for | ||||||
8 | the
administration and enforcement of the provisions of this | ||||||
9 | Act, or any
officer or agent of a corporation engaged in the | ||||||
10 | business of renting,
leasing or letting hotel rooms in this | ||||||
11 | State who signs a fraudulent return
made on behalf of such | ||||||
12 | corporation is guilty of a Class 3 felony.
| ||||||
13 | When the amount due is $300 or more, any person who accepts | ||||||
14 | money that is
due to the Department under this Act from a | ||||||
15 | taxpayer for the purpose of
acting as the taxpayer's agent to | ||||||
16 | make the payment to the Department, but
who fails to remit such | ||||||
17 | payment to the Department is guilty of a Class 3
felony. Any | ||||||
18 | such person who purports to make such payment by issuing or
| ||||||
19 | delivering a check or other order upon a real or fictitious | ||||||
20 | depository for
the payment of money, knowing that it will not | ||||||
21 | be paid by the depository,
shall be guilty of a deceptive | ||||||
22 | practice in violation of Section 17-1 of the
Criminal Code of | ||||||
23 | 2012 1961, as amended .
| ||||||
24 | A prosecution for any act in violation of this Section may | ||||||
25 | be commenced
at any time within 3 years of the commission of | ||||||
26 | that act.
|
| |||||||
| |||||||
1 | (Source: P.A. 85-299.)
| ||||||
2 | Section 155. The Property Tax Code is amended by changing | ||||||
3 | Sections 15-172 and 15-177 as follows:
| ||||||
4 | (35 ILCS 200/15-172)
| ||||||
5 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
6 | Exemption.
| ||||||
7 | (a) This Section may be cited as the Senior Citizens | ||||||
8 | Assessment
Freeze Homestead Exemption.
| ||||||
9 | (b) As used in this Section:
| ||||||
10 | "Applicant" means an individual who has filed an | ||||||
11 | application under this
Section.
| ||||||
12 | "Base amount" means the base year equalized assessed value | ||||||
13 | of the residence
plus the first year's equalized assessed value | ||||||
14 | of any added improvements which
increased the assessed value of | ||||||
15 | the residence after the base year.
| ||||||
16 | "Base year" means the taxable year prior to the taxable | ||||||
17 | year for which the
applicant first qualifies and applies for | ||||||
18 | the exemption provided that in the
prior taxable year the | ||||||
19 | property was improved with a permanent structure that
was | ||||||
20 | occupied as a residence by the applicant who was liable for | ||||||
21 | paying real
property taxes on the property and who was either | ||||||
22 | (i) an owner of record of the
property or had legal or | ||||||
23 | equitable interest in the property as evidenced by a
written | ||||||
24 | instrument or (ii) had a legal or equitable interest as a |
| |||||||
| |||||||
1 | lessee in the
parcel of property that was single family | ||||||
2 | residence.
If in any subsequent taxable year for which the | ||||||
3 | applicant applies and
qualifies for the exemption the equalized | ||||||
4 | assessed value of the residence is
less than the equalized | ||||||
5 | assessed value in the existing base year
(provided that such | ||||||
6 | equalized assessed value is not
based
on an
assessed value that | ||||||
7 | results from a temporary irregularity in the property that
| ||||||
8 | reduces the
assessed value for one or more taxable years), then | ||||||
9 | that
subsequent taxable year shall become the base year until a | ||||||
10 | new base year is
established under the terms of this paragraph. | ||||||
11 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
12 | shall review (i) all taxable years for which
the
applicant | ||||||
13 | applied and qualified for the exemption and (ii) the existing | ||||||
14 | base
year.
The assessment officer shall select as the new base | ||||||
15 | year the year with the
lowest equalized assessed value.
An | ||||||
16 | equalized assessed value that is based on an assessed value | ||||||
17 | that results
from a
temporary irregularity in the property that | ||||||
18 | reduces the assessed value for one
or more
taxable years shall | ||||||
19 | not be considered the lowest equalized assessed value.
The | ||||||
20 | selected year shall be the base year for
taxable year 1999 and | ||||||
21 | thereafter until a new base year is established under the
terms | ||||||
22 | of this paragraph.
| ||||||
23 | "Chief County Assessment Officer" means the County | ||||||
24 | Assessor or Supervisor of
Assessments of the county in which | ||||||
25 | the property is located.
| ||||||
26 | "Equalized assessed value" means the assessed value as |
| |||||||
| |||||||
1 | equalized by the
Illinois Department of Revenue.
| ||||||
2 | "Household" means the applicant, the spouse of the | ||||||
3 | applicant, and all persons
using the residence of the applicant | ||||||
4 | as their principal place of residence.
| ||||||
5 | "Household income" means the combined income of the members | ||||||
6 | of a household
for the calendar year preceding the taxable | ||||||
7 | year.
| ||||||
8 | "Income" has the same meaning as provided in Section 3.07 | ||||||
9 | of the Senior
Citizens and Disabled Persons Property Tax Relief
| ||||||
10 | Act, except that, beginning in assessment year 2001, "income" | ||||||
11 | does not
include veteran's benefits.
| ||||||
12 | "Internal Revenue Code of 1986" means the United States | ||||||
13 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
14 | relating to federal income taxes in effect
for the year | ||||||
15 | preceding the taxable year.
| ||||||
16 | "Life care facility that qualifies as a cooperative" means | ||||||
17 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
18 | Act.
| ||||||
19 | "Maximum income limitation" means: | ||||||
20 | (1) $35,000 prior
to taxable year 1999; | ||||||
21 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
22 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
23 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
24 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
25 | "Residence" means the principal dwelling place and | ||||||
26 | appurtenant structures
used for residential purposes in this |
| |||||||
| |||||||
1 | State occupied on January 1 of the
taxable year by a household | ||||||
2 | and so much of the surrounding land, constituting
the parcel | ||||||
3 | upon which the dwelling place is situated, as is used for
| ||||||
4 | residential purposes. If the Chief County Assessment Officer | ||||||
5 | has established a
specific legal description for a portion of | ||||||
6 | property constituting the
residence, then that portion of | ||||||
7 | property shall be deemed the residence for the
purposes of this | ||||||
8 | Section.
| ||||||
9 | "Taxable year" means the calendar year during which ad | ||||||
10 | valorem property taxes
payable in the next succeeding year are | ||||||
11 | levied.
| ||||||
12 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
13 | assessment freeze
homestead exemption is granted for real | ||||||
14 | property that is improved with a
permanent structure that is | ||||||
15 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
16 | age or older during the taxable year, (ii) has a household | ||||||
17 | income that does not exceed the maximum income limitation, | ||||||
18 | (iii) is liable for paying real property taxes on
the
property, | ||||||
19 | and (iv) is an owner of record of the property or has a legal or
| ||||||
20 | equitable interest in the property as evidenced by a written | ||||||
21 | instrument. This
homestead exemption shall also apply to a | ||||||
22 | leasehold interest in a parcel of
property improved with a | ||||||
23 | permanent structure that is a single family residence
that is | ||||||
24 | occupied as a residence by a person who (i) is 65 years of age | ||||||
25 | or older
during the taxable year, (ii) has a household income | ||||||
26 | that does not exceed the maximum income limitation,
(iii)
has a |
| |||||||
| |||||||
1 | legal or equitable ownership interest in the property as | ||||||
2 | lessee, and (iv)
is liable for the payment of real property | ||||||
3 | taxes on that property.
| ||||||
4 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
5 | the exemption for all taxable years is the equalized assessed | ||||||
6 | value of the
residence in the taxable year for which | ||||||
7 | application is made minus the base
amount. In all other | ||||||
8 | counties, the amount of the exemption is as follows: (i) | ||||||
9 | through taxable year 2005 and for taxable year 2007 and | ||||||
10 | thereafter, the amount of this exemption shall be the equalized | ||||||
11 | assessed value of the
residence in the taxable year for which | ||||||
12 | application is made minus the base
amount; and (ii) for
taxable | ||||||
13 | year 2006, the amount of the exemption is as follows:
| ||||||
14 | (1) For an applicant who has a household income of | ||||||
15 | $45,000 or less, the amount of the exemption is the | ||||||
16 | equalized assessed value of the
residence in the taxable | ||||||
17 | year for which application is made minus the base
amount. | ||||||
18 | (2) For an applicant who has a household income | ||||||
19 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
20 | the exemption is (i) the equalized assessed value of the
| ||||||
21 | residence in the taxable year for which application is made | ||||||
22 | minus the base
amount (ii) multiplied by 0.8. | ||||||
23 | (3) For an applicant who has a household income | ||||||
24 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
25 | the exemption is (i) the equalized assessed value of the
| ||||||
26 | residence in the taxable year for which application is made |
| |||||||
| |||||||
1 | minus the base
amount (ii) multiplied by 0.6. | ||||||
2 | (4) For an applicant who has a household income | ||||||
3 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
4 | the exemption is (i) the equalized assessed value of the
| ||||||
5 | residence in the taxable year for which application is made | ||||||
6 | minus the base
amount (ii) multiplied by 0.4. | ||||||
7 | (5) For an applicant who has a household income | ||||||
8 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
9 | the exemption is (i) the equalized assessed value of the
| ||||||
10 | residence in the taxable year for which application is made | ||||||
11 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
12 | When the applicant is a surviving spouse of an applicant | ||||||
13 | for a prior year for
the same residence for which an exemption | ||||||
14 | under this Section has been granted,
the base year and base | ||||||
15 | amount for that residence are the same as for the
applicant for | ||||||
16 | the prior year.
| ||||||
17 | Each year at the time the assessment books are certified to | ||||||
18 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
19 | give to the County Clerk a list
of the assessed values of | ||||||
20 | improvements on each parcel qualifying for this
exemption that | ||||||
21 | were added after the base year for this parcel and that
| ||||||
22 | increased the assessed value of the property.
| ||||||
23 | In the case of land improved with an apartment building | ||||||
24 | owned and operated as
a cooperative or a building that is a | ||||||
25 | life care facility that qualifies as a
cooperative, the maximum | ||||||
26 | reduction from the equalized assessed value of the
property is |
| |||||||
| |||||||
1 | limited to the sum of the reductions calculated for each unit
| ||||||
2 | occupied as a residence by a person or persons (i) 65 years of | ||||||
3 | age or older, (ii) with a
household income that does not exceed | ||||||
4 | the maximum income limitation, (iii) who is liable, by contract | ||||||
5 | with the
owner
or owners of record, for paying real property | ||||||
6 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
7 | legal or equitable interest in the cooperative
apartment | ||||||
8 | building, other than a leasehold interest. In the instance of a
| ||||||
9 | cooperative where a homestead exemption has been granted under | ||||||
10 | this Section,
the cooperative association or its management | ||||||
11 | firm shall credit the savings
resulting from that exemption | ||||||
12 | only to the apportioned tax liability of the
owner who | ||||||
13 | qualified for the exemption. Any person who willfully refuses | ||||||
14 | to
credit that savings to an owner who qualifies for the | ||||||
15 | exemption is guilty of a
Class B misdemeanor.
| ||||||
16 | When a homestead exemption has been granted under this | ||||||
17 | Section and an
applicant then becomes a resident of a facility | ||||||
18 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
19 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
20 | Rehabilitation Act, or the ID/DD Community Care Act, the | ||||||
21 | exemption shall be granted in subsequent years so long as the
| ||||||
22 | residence (i) continues to be occupied by the qualified | ||||||
23 | applicant's spouse or
(ii) if remaining unoccupied, is still | ||||||
24 | owned by the qualified applicant for the
homestead exemption.
| ||||||
25 | Beginning January 1, 1997, when an individual dies who | ||||||
26 | would have qualified
for an exemption under this Section, and |
| |||||||
| |||||||
1 | the surviving spouse does not
independently qualify for this | ||||||
2 | exemption because of age, the exemption under
this Section | ||||||
3 | shall be granted to the surviving spouse for the taxable year
| ||||||
4 | preceding and the taxable
year of the death, provided that, | ||||||
5 | except for age, the surviving spouse meets
all
other | ||||||
6 | qualifications for the granting of this exemption for those | ||||||
7 | years.
| ||||||
8 | When married persons maintain separate residences, the | ||||||
9 | exemption provided for
in this Section may be claimed by only | ||||||
10 | one of such persons and for only one
residence.
| ||||||
11 | For taxable year 1994 only, in counties having less than | ||||||
12 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
13 | submit an application by
February 15, 1995 to the Chief County | ||||||
14 | Assessment Officer
of the county in which the property is | ||||||
15 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
16 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
17 | the exemption, a person
may submit an application to the Chief | ||||||
18 | County
Assessment Officer of the county in which the property | ||||||
19 | is located during such
period as may be specified by the Chief | ||||||
20 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
21 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
22 | give notice of the application period by mail or by | ||||||
23 | publication. In
counties having less than 3,000,000 | ||||||
24 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
25 | to receive the exemption, a person
shall
submit an
application | ||||||
26 | by July 1 of each taxable year to the Chief County Assessment
|
| |||||||
| |||||||
1 | Officer of the county in which the property is located. A | ||||||
2 | county may, by
ordinance, establish a date for submission of | ||||||
3 | applications that is
different than
July 1.
The applicant shall | ||||||
4 | submit with the
application an affidavit of the applicant's | ||||||
5 | total household income, age,
marital status (and if married the | ||||||
6 | name and address of the applicant's spouse,
if known), and | ||||||
7 | principal dwelling place of members of the household on January
| ||||||
8 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
9 | a method for
verifying the accuracy of affidavits filed by | ||||||
10 | applicants under this Section, and the Chief County Assessment | ||||||
11 | Officer may conduct audits of any taxpayer claiming an | ||||||
12 | exemption under this Section to verify that the taxpayer is | ||||||
13 | eligible to receive the exemption. Each application shall | ||||||
14 | contain or be verified by a written declaration that it is made | ||||||
15 | under the penalties of perjury. A taxpayer's signing a | ||||||
16 | fraudulent application under this Act is perjury, as defined in | ||||||
17 | Section 32-2 of the Criminal Code of 2012 1961 .
The | ||||||
18 | applications shall be clearly marked as applications for the | ||||||
19 | Senior
Citizens Assessment Freeze Homestead Exemption and must | ||||||
20 | contain a notice that any taxpayer who receives the exemption | ||||||
21 | is subject to an audit by the Chief County Assessment Officer.
| ||||||
22 | Notwithstanding any other provision to the contrary, in | ||||||
23 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
24 | applicant fails
to file the application required by this | ||||||
25 | Section in a timely manner and this
failure to file is due to a | ||||||
26 | mental or physical condition sufficiently severe so
as to |
| |||||||
| |||||||
1 | render the applicant incapable of filing the application in a | ||||||
2 | timely
manner, the Chief County Assessment Officer may extend | ||||||
3 | the filing deadline for
a period of 30 days after the applicant | ||||||
4 | regains the capability to file the
application, but in no case | ||||||
5 | may the filing deadline be extended beyond 3
months of the | ||||||
6 | original filing deadline. In order to receive the extension
| ||||||
7 | provided in this paragraph, the applicant shall provide the | ||||||
8 | Chief County
Assessment Officer with a signed statement from | ||||||
9 | the applicant's physician
stating the nature and extent of the | ||||||
10 | condition, that, in the
physician's opinion, the condition was | ||||||
11 | so severe that it rendered the applicant
incapable of filing | ||||||
12 | the application in a timely manner, and the date on which
the | ||||||
13 | applicant regained the capability to file the application.
| ||||||
14 | Beginning January 1, 1998, notwithstanding any other | ||||||
15 | provision to the
contrary, in counties having fewer than | ||||||
16 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
17 | application required by this Section in a timely manner and
| ||||||
18 | this failure to file is due to a mental or physical condition | ||||||
19 | sufficiently
severe so as to render the applicant incapable of | ||||||
20 | filing the application in a
timely manner, the Chief County | ||||||
21 | Assessment Officer may extend the filing
deadline for a period | ||||||
22 | of 3 months. In order to receive the extension provided
in this | ||||||
23 | paragraph, the applicant shall provide the Chief County | ||||||
24 | Assessment
Officer with a signed statement from the applicant's | ||||||
25 | physician stating the
nature and extent of the condition, and | ||||||
26 | that, in the physician's opinion, the
condition was so severe |
| |||||||
| |||||||
1 | that it rendered the applicant incapable of filing the
| ||||||
2 | application in a timely manner.
| ||||||
3 | In counties having less than 3,000,000 inhabitants, if an | ||||||
4 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
5 | denial occurred due to an
error on the part of an assessment
| ||||||
6 | official, or his or her agent or employee, then beginning in | ||||||
7 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
8 | determining the amount of the exemption,
shall be 1993 rather | ||||||
9 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
10 | exemption shall also include an amount equal to (i) the amount | ||||||
11 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
12 | as a result of using
1994, rather than 1993, as the base year, | ||||||
13 | (ii) the amount of any exemption
denied to the applicant in | ||||||
14 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
15 | as the base year, and (iii) the amount of the exemption | ||||||
16 | erroneously
denied for taxable year 1994.
| ||||||
17 | For purposes of this Section, a person who will be 65 years | ||||||
18 | of age during the
current taxable year shall be eligible to | ||||||
19 | apply for the homestead exemption
during that taxable year. | ||||||
20 | Application shall be made during the application
period in | ||||||
21 | effect for the county of his or her residence.
| ||||||
22 | The Chief County Assessment Officer may determine the | ||||||
23 | eligibility of a life
care facility that qualifies as a | ||||||
24 | cooperative to receive the benefits
provided by this Section by | ||||||
25 | use of an affidavit, application, visual
inspection, | ||||||
26 | questionnaire, or other reasonable method in order to insure |
| |||||||
| |||||||
1 | that
the tax savings resulting from the exemption are credited | ||||||
2 | by the management
firm to the apportioned tax liability of each | ||||||
3 | qualifying resident. The Chief
County Assessment Officer may | ||||||
4 | request reasonable proof that the management firm
has so | ||||||
5 | credited that exemption.
| ||||||
6 | Except as provided in this Section, all information | ||||||
7 | received by the chief
county assessment officer or the | ||||||
8 | Department from applications filed under this
Section, or from | ||||||
9 | any investigation conducted under the provisions of this
| ||||||
10 | Section, shall be confidential, except for official purposes or
| ||||||
11 | pursuant to official procedures for collection of any State or | ||||||
12 | local tax or
enforcement of any civil or criminal penalty or | ||||||
13 | sanction imposed by this Act or
by any statute or ordinance | ||||||
14 | imposing a State or local tax. Any person who
divulges any such | ||||||
15 | information in any manner, except in accordance with a proper
| ||||||
16 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
17 | Nothing contained in this Section shall prevent the | ||||||
18 | Director or chief county
assessment officer from publishing or | ||||||
19 | making available reasonable statistics
concerning the | ||||||
20 | operation of the exemption contained in this Section in which
| ||||||
21 | the contents of claims are grouped into aggregates in such a | ||||||
22 | way that
information contained in any individual claim shall | ||||||
23 | not be disclosed.
| ||||||
24 | (d) Each Chief County Assessment Officer shall annually | ||||||
25 | publish a notice
of availability of the exemption provided | ||||||
26 | under this Section. The notice
shall be published at least 60 |
| |||||||
| |||||||
1 | days but no more than 75 days prior to the date
on which the | ||||||
2 | application must be submitted to the Chief County Assessment
| ||||||
3 | Officer of the county in which the property is located. The | ||||||
4 | notice shall
appear in a newspaper of general circulation in | ||||||
5 | the county.
| ||||||
6 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
7 | no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by this Section.
| ||||||
9 | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | ||||||
10 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
11 | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.) | ||||||
12 | (35 ILCS 200/15-177) | ||||||
13 | Sec. 15-177. The long-time occupant homestead exemption. | ||||||
14 | (a) If the county has elected, under Section 15-176, to be | ||||||
15 | subject to the provisions of the alternative general homestead | ||||||
16 | exemption, then, for taxable years 2007 and thereafter, | ||||||
17 | regardless of whether the exemption under Section 15-176 | ||||||
18 | applies, qualified homestead property is
entitled to
an annual | ||||||
19 | homestead exemption equal to a reduction in the property's | ||||||
20 | equalized
assessed
value calculated as provided in this | ||||||
21 | Section. | ||||||
22 | (b) As used in this Section: | ||||||
23 | "Adjusted homestead value" means the lesser of
the | ||||||
24 | following values: | ||||||
25 | (1) The property's base homestead value increased
by: |
| |||||||
| |||||||
1 | (i) 10% for each taxable year after the base year through | ||||||
2 | and including the current tax year for qualified taxpayers | ||||||
3 | with a household income of more than $75,000 but not | ||||||
4 | exceeding $100,000; or (ii) 7% for each taxable year after | ||||||
5 | the base year through and including the current tax year | ||||||
6 | for qualified taxpayers with a household income of $75,000 | ||||||
7 | or less. The increase each year is an increase over the | ||||||
8 | prior year; or | ||||||
9 | (2) The property's equalized assessed value for
the | ||||||
10 | current tax year minus the general homestead deduction. | ||||||
11 | "Base homestead value" means: | ||||||
12 | (1) if the property did not have an adjusted homestead | ||||||
13 | value under Section 15-176 for the base year, then an | ||||||
14 | amount equal to the equalized assessed value of the | ||||||
15 | property for the base year prior to exemptions, minus the | ||||||
16 | general homestead deduction, provided that the property's | ||||||
17 | assessment was not based on a reduced assessed value | ||||||
18 | resulting from a temporary irregularity in the property for | ||||||
19 | that year; or | ||||||
20 | (2) if the property had an adjusted homestead value | ||||||
21 | under Section 15-176 for the base year, then an amount | ||||||
22 | equal to the adjusted homestead value of the property under | ||||||
23 | Section 15-176 for the base year. | ||||||
24 | "Base year" means the taxable year prior to the taxable | ||||||
25 | year in which the taxpayer first qualifies for the exemption | ||||||
26 | under this Section. |
| |||||||
| |||||||
1 | "Current taxable year" means the taxable year for which
the | ||||||
2 | exemption under this Section is being applied. | ||||||
3 | "Equalized assessed value" means the property's
assessed | ||||||
4 | value as equalized by the Department. | ||||||
5 | "Homestead" or "homestead property" means residential | ||||||
6 | property that as of January 1 of
the tax year is occupied by a | ||||||
7 | qualified taxpayer as his or her principal dwelling place, or | ||||||
8 | that is a leasehold interest on which a single family residence | ||||||
9 | is situated, that is occupied as a residence by a qualified | ||||||
10 | taxpayer who has a legal or equitable interest therein | ||||||
11 | evidenced by a written instrument, as an owner or as a lessee, | ||||||
12 | and on which the person is liable for the payment of property | ||||||
13 | taxes. Residential units in an apartment building owned and | ||||||
14 | operated as a cooperative, or as a life care facility, which | ||||||
15 | are occupied by persons who hold a legal or equitable interest | ||||||
16 | in the cooperative apartment building or life care facility as | ||||||
17 | owners or lessees, and who are liable by contract for the | ||||||
18 | payment of property taxes, are included within this definition | ||||||
19 | of homestead property. A homestead includes the dwelling place,
| ||||||
20 | appurtenant structures, and so much of the surrounding land | ||||||
21 | constituting the parcel on which the dwelling place is situated | ||||||
22 | as is used for residential purposes. If the assessor has | ||||||
23 | established a specific legal description for a portion of | ||||||
24 | property constituting the homestead, then the homestead is | ||||||
25 | limited to the property within that description. | ||||||
26 | "Household income" has the meaning set forth under Section |
| |||||||
| |||||||
1 | 15-172 of this Code.
| ||||||
2 | "General homestead deduction" means the amount of the | ||||||
3 | general homestead exemption under Section 15-175.
| ||||||
4 | "Life care facility" means a facility defined
in Section 2 | ||||||
5 | of the Life Care Facilities Act. | ||||||
6 | "Qualified homestead property" means homestead property | ||||||
7 | owned by a qualified taxpayer.
| ||||||
8 | "Qualified taxpayer" means any individual: | ||||||
9 | (1) who, for at least 10 continuous years as of January | ||||||
10 | 1 of the taxable year, has occupied the same homestead | ||||||
11 | property as a principal residence and domicile or who, for | ||||||
12 | at least 5 continuous years as of January 1 of the taxable | ||||||
13 | year, has occupied the same homestead property as a | ||||||
14 | principal residence and domicile if that person received | ||||||
15 | assistance in the acquisition of the property as part of a | ||||||
16 | government or nonprofit housing program; and | ||||||
17 | (2) who has a household income of $100,000 or less.
| ||||||
18 | (c) The base homestead value must remain constant, except | ||||||
19 | that the assessor may revise it under any of the following | ||||||
20 | circumstances: | ||||||
21 | (1) If the equalized assessed value of a homestead
| ||||||
22 | property for the current tax year is less than the previous | ||||||
23 | base homestead value for that property, then the current | ||||||
24 | equalized assessed value (provided it is not based on a | ||||||
25 | reduced assessed value resulting from a temporary | ||||||
26 | irregularity in the property) becomes the base homestead |
| |||||||
| |||||||
1 | value in subsequent tax years. | ||||||
2 | (2) For any year in which new buildings, structures,
or | ||||||
3 | other improvements are constructed on the homestead | ||||||
4 | property that would increase its assessed value, the | ||||||
5 | assessor shall adjust the base homestead value with due | ||||||
6 | regard to the value added by the new improvements. | ||||||
7 | (d) The amount of the exemption under this Section is the | ||||||
8 | greater of: (i) the equalized assessed value of the homestead | ||||||
9 | property for the current tax year minus the adjusted homestead | ||||||
10 | value; or (ii) the general homestead deduction. | ||||||
11 | (e) In the case of an apartment building owned and operated | ||||||
12 | as a cooperative, or as a life care facility, that contains | ||||||
13 | residential units that qualify as homestead property of a | ||||||
14 | qualified taxpayer under this Section, the maximum cumulative | ||||||
15 | exemption amount attributed to the entire building or facility | ||||||
16 | shall not exceed the sum of the exemptions calculated for each | ||||||
17 | unit that is a qualified homestead property. The cooperative | ||||||
18 | association, management firm, or other person or entity that | ||||||
19 | manages or controls the cooperative apartment building or life | ||||||
20 | care facility shall credit the exemption attributable to each | ||||||
21 | residential unit only to the apportioned tax liability of the | ||||||
22 | qualified taxpayer as to that unit. Any person who willfully | ||||||
23 | refuses to so credit the exemption is guilty of a Class B | ||||||
24 | misdemeanor. | ||||||
25 | (f) When married persons maintain separate residences, the | ||||||
26 | exemption provided under this Section may be claimed by only |
| |||||||
| |||||||
1 | one such person and for only one residence. No person who | ||||||
2 | receives an exemption under Section 15-172 of this Code may | ||||||
3 | receive an exemption under this Section. No person who receives | ||||||
4 | an exemption under this Section may receive an exemption under | ||||||
5 | Section 15-175 or 15-176 of this Code. | ||||||
6 | (g) In the event of a sale or other transfer in ownership | ||||||
7 | of the homestead property between spouses or between a parent | ||||||
8 | and a child, the exemption under this Section remains in effect | ||||||
9 | if the new owner has a household income of $100,000 or less. | ||||||
10 | (h) In the event of a sale or other transfer in ownership | ||||||
11 | of the homestead property other than subsection (g) of this | ||||||
12 | Section, the exemption under this Section shall remain in | ||||||
13 | effect for the remainder of the tax year and be calculated | ||||||
14 | using the same base homestead value in which the sale or | ||||||
15 | transfer occurs.
| ||||||
16 | (i) To receive the exemption, a person must submit an | ||||||
17 | application to the county assessor during the period specified | ||||||
18 | by the county assessor. | ||||||
19 | The county assessor shall annually give notice of the | ||||||
20 | application period by mail or by publication. | ||||||
21 | The taxpayer must submit, with the application, an | ||||||
22 | affidavit of the taxpayer's total household income, marital | ||||||
23 | status (and if married the name and address of the applicant's | ||||||
24 | spouse, if known), and principal dwelling place of members of | ||||||
25 | the household on January 1 of the taxable year. The Department | ||||||
26 | shall establish, by rule, a method for verifying the accuracy |
| |||||||
| |||||||
1 | of affidavits filed by applicants under this Section, and the | ||||||
2 | Chief County Assessment Officer may conduct audits of any | ||||||
3 | taxpayer claiming an exemption under this Section to verify | ||||||
4 | that the taxpayer is eligible to receive the exemption. Each | ||||||
5 | application shall contain or be verified by a written | ||||||
6 | declaration that it is made under the penalties of perjury. A | ||||||
7 | taxpayer's signing a fraudulent application under this Act is | ||||||
8 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
9 | 2012 1961 . The applications shall be clearly marked as | ||||||
10 | applications for the Long-time Occupant Homestead Exemption | ||||||
11 | and must contain a notice that any taxpayer who receives the | ||||||
12 | exemption is subject to an audit by the Chief County Assessment | ||||||
13 | Officer. | ||||||
14 | (j) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
15 | Act, no reimbursement by the State is required for the | ||||||
16 | implementation of any mandate created by this Section.
| ||||||
17 | (Source: P.A. 95-644, eff. 10-12-07.) | ||||||
18 | Section 160. The Coin-Operated Amusement Device and | ||||||
19 | Redemption Machine Tax Act is amended by changing Section 1 as | ||||||
20 | follows:
| ||||||
21 | (35 ILCS 510/1) (from Ch. 120, par. 481b.1)
| ||||||
22 | Sec. 1.
There is imposed, on the privilege of operating | ||||||
23 | every
coin-in-the-slot-operated amusement device, including a | ||||||
24 | device operated
or operable by insertion of coins, tokens, |
| |||||||
| |||||||
1 | chips or similar objects, in
this State which returns to the | ||||||
2 | player thereof no money or property or
right to receive money | ||||||
3 | or property, and on the privilege of operating in
this State a | ||||||
4 | redemption machine as defined in Section 28-2 of the Criminal
| ||||||
5 | Code of 2012 1961 , an annual privilege tax of $30 for each
| ||||||
6 | device for a period beginning on or after August 1 of any year | ||||||
7 | and
prior to August 1 of the succeeding year.
| ||||||
8 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
9 | Section 165. The Cannabis and Controlled Substances Tax Act | ||||||
10 | is amended by changing Sections 15 and 19 as follows:
| ||||||
11 | (35 ILCS 520/15) (from Ch. 120, par. 2165)
| ||||||
12 | Sec. 15. Lien for Tax.
| ||||||
13 | (a) In general. The Department shall have a lien for the | ||||||
14 | tax herein
imposed or any portion thereof, or for any penalty | ||||||
15 | provided for in this
Act, or for any amount of interest which | ||||||
16 | may be due, upon all the real and
personal property of any | ||||||
17 | person assessed with a tax under this Act;
however, the lien | ||||||
18 | shall not be available on property which is the
subject of | ||||||
19 | forfeiture proceedings under the Narcotics Profit Forfeiture | ||||||
20 | Act
or the Criminal Code of 2012 1961 or the Drug Asset | ||||||
21 | Forfeiture Procedure Act until
all forfeiture proceedings are | ||||||
22 | concluded. Property forfeited shall not be
subject to a lien | ||||||
23 | under this Act.
| ||||||
24 | (b) Notice of lien. The lien created by assessment shall |
| |||||||
| |||||||
1 | terminate
unless a notice of lien is filed, as provided in | ||||||
2 | Section 17 hereof,
within 3 years from the date all proceedings | ||||||
3 | in court for the review of
such assessment have terminated or | ||||||
4 | the time for the taking thereof has
expired without such | ||||||
5 | proceedings being instituted.
| ||||||
6 | (Source: P.A. 88-669, eff. 11-29-94 .)
| ||||||
7 | (35 ILCS 520/19) (from Ch. 120, par. 2169)
| ||||||
8 | Sec. 19. Release of Liens.
| ||||||
9 | (a) In general. The Department shall release all or any | ||||||
10 | portion of
the property subject to any lien provided for in | ||||||
11 | this Act if it determines
that the release will not endanger or | ||||||
12 | jeopardize the collection of the
amount secured thereby.
The | ||||||
13 | Department shall release its lien on property which is the | ||||||
14 | subject of
forfeiture proceedings under the Narcotics Profit | ||||||
15 | Forfeiture Act, the Criminal
Code of 2012 1961 , or the Drug | ||||||
16 | Asset Forfeiture Procedure Act until all forfeiture
| ||||||
17 | proceedings are concluded. Property forfeited shall not be | ||||||
18 | subject to
a lien under this Act.
| ||||||
19 | (b) Judicial determination. If on judicial review the final | ||||||
20 | judgment
of the court is that the taxpayer does not owe some or | ||||||
21 | all of the amount
secured by the lien against him, or that no | ||||||
22 | jeopardy to the revenue exists,
the Department shall release | ||||||
23 | its lien to the extent of such finding of
nonliability, or to | ||||||
24 | the extent of such finding of no jeopardy to the
revenue.
| ||||||
25 | (c) Payment. The Department shall also release its jeopardy
|
| |||||||
| |||||||
1 | assessment lien against the taxpayer whenever the tax and | ||||||
2 | penalty covered
by such lien, plus any interest which may be | ||||||
3 | due, are paid.
| ||||||
4 | (d) Certificate of release. The Department shall issue a | ||||||
5 | certificate
of complete or partial release of the lien:
| ||||||
6 | (1) To the extent that the fair market value of any | ||||||
7 | property subject to
the lien exceeds the amount of the lien | ||||||
8 | plus the amount of all prior liens
upon such property;
| ||||||
9 | (2) To the extent that such lien shall become | ||||||
10 | unenforceable;
| ||||||
11 | (3) To the extent that the amount of such lien is paid | ||||||
12 | by the person
whose property is subject to such lien, | ||||||
13 | together with any interest and penalty
which
may become due | ||||||
14 | under this Act between the date when the notice of lien is
| ||||||
15 | filed and the date when the amount of such lien is paid;
| ||||||
16 | (4) To the extent and under the circumstances specified | ||||||
17 | in this Section.
A certificate of complete or partial | ||||||
18 | release of any lien shall be held
conclusive that the lien | ||||||
19 | upon the property covered by the certificate is
| ||||||
20 | extinguished to the extent indicated by such certificate.
| ||||||
21 | Such release of lien shall be issued to the person, or his | ||||||
22 | agent, against
whom the lien was obtained and shall contain in | ||||||
23 | legible letters a statement as
follows:
| ||||||
24 | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
| ||||||
25 | BE FILED WITH THE RECORDER OR THE REGISTRAR
| ||||||
26 | OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
|
| |||||||
| |||||||
1 | (e) Filing. When a certificate of complete or partial | ||||||
2 | release of lien
issued by the Department is presented for | ||||||
3 | filing in the office of the
recorder or Registrar of Titles | ||||||
4 | where a notice of lien or notice
of jeopardy assessment lien | ||||||
5 | was filed:
| ||||||
6 | (1) The recorder, in the case of nonregistered | ||||||
7 | property, shall
permanently attach the certificate of | ||||||
8 | release to the notice of lien or
notice of jeopardy | ||||||
9 | assessment lien and shall enter the certificate of
release | ||||||
10 | and the date in the "State Tax Lien Index" on the line | ||||||
11 | where the
notice of lien or notice of jeopardy assessment | ||||||
12 | lien is entered; and
| ||||||
13 | (2) In the case of registered property, the Registrar | ||||||
14 | of Titles shall
file and enter upon each folium of the | ||||||
15 | register of titles affected thereby
a memorial of the | ||||||
16 | certificate of release which memorial when so entered
shall | ||||||
17 | act as a release pro tanto of any memorial of such notice | ||||||
18 | of lien or
notice of jeopardy assessment lien previously | ||||||
19 | filed and registered.
| ||||||
20 | (Source: P.A. 88-669, eff. 11-29-94 .)
| ||||||
21 | Section 170. The Public Officer Prohibited Activities Act | ||||||
22 | is amended by changing Section 4.5 as follows:
| ||||||
23 | (50 ILCS 105/4.5)
| ||||||
24 | Sec. 4.5. False verification; perjury. A person is guilty |
| |||||||
| |||||||
1 | of perjury who:
| ||||||
2 | (1) In swearing on oath or
otherwise affirming a | ||||||
3 | statement in writing as required under this Act,
knowingly | ||||||
4 | makes a
false statement as to, or knowingly omits a | ||||||
5 | material fact relating to, the
identification
of an | ||||||
6 | individual or entity that has an ownership interest in real | ||||||
7 | property, or
that is material to an issue or point in | ||||||
8 | question in the written disclosure
pertaining to a contract | ||||||
9 | for the ownership or use of real property.
| ||||||
10 | (2) Having taken a lawful oath or made affirmation, | ||||||
11 | testifies
willfully and falsely as to any of those matters | ||||||
12 | for the purpose of inducing
the State or any local | ||||||
13 | governmental unit or any agency of either to enter into
a | ||||||
14 | contract for the ownership or use of real property.
| ||||||
15 | (3) Suborns any other person to so swear, affirm, or | ||||||
16 | testify.
| ||||||
17 | Upon conviction of perjury, a person shall be sentenced as | ||||||
18 | provided in
Section 32-2 or 32-3, respectively, of the Criminal | ||||||
19 | Code of 2012 1961 for those
offenses.
| ||||||
20 | This Section applies to written statements made or | ||||||
21 | testimony given on or
after the effective date of this | ||||||
22 | amendatory Act of 1995.
| ||||||
23 | (Source: P.A. 89-91, eff. 6-30-95.)
| ||||||
24 | Section 175. The Illinois Police Training Act is amended by | ||||||
25 | changing Sections 6 and 6.1 as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
2 | Sec. 6. Selection and certification of schools. The Board | ||||||
3 | shall select
and certify schools within the State of
Illinois | ||||||
4 | for the purpose of providing basic training for probationary
| ||||||
5 | police officers, probationary county corrections officers, and
| ||||||
6 | court security officers and
of providing advanced or in-service | ||||||
7 | training for permanent police officers
or permanent
county | ||||||
8 | corrections officers, which schools may be either publicly or
| ||||||
9 | privately owned and operated. In addition, the Board has the | ||||||
10 | following
power and duties:
| ||||||
11 | a. To require local governmental units to furnish such | ||||||
12 | reports and
information as the Board deems necessary to | ||||||
13 | fully implement this Act.
| ||||||
14 | b. To establish appropriate mandatory minimum | ||||||
15 | standards
relating to the training of probationary local | ||||||
16 | law enforcement officers
or probationary county | ||||||
17 | corrections officers.
| ||||||
18 | c. To provide appropriate certification to those | ||||||
19 | probationary
officers who successfully complete the | ||||||
20 | prescribed minimum standard basic
training course.
| ||||||
21 | d. To review and approve annual training curriculum for | ||||||
22 | county sheriffs.
| ||||||
23 | e. To review and approve applicants to ensure no | ||||||
24 | applicant is admitted
to a certified academy unless the | ||||||
25 | applicant is a person of good character
and has not been |
| |||||||
| |||||||
1 | convicted of a felony offense, any of the
misdemeanors in | ||||||
2 | Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, | ||||||
3 | 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, | ||||||
4 | 32-4a, or 32-7 of the Criminal Code
of
1961 or the Criminal | ||||||
5 | Code of 2012 , subdivision (a)(1) or (a)(2)(C) of Section | ||||||
6 | 11-14.3 of the Criminal Code of 1961 or the Criminal Code | ||||||
7 | of 2012 , or subsection (a) of Section 17-32 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012, or Section 5 or | ||||||
9 | 5.2 of the Cannabis Control Act, or a crime involving
moral
| ||||||
10 | turpitude under the laws of this State or any other state | ||||||
11 | which if
committed in this State would be punishable as a | ||||||
12 | felony or a crime of
moral turpitude. The Board may appoint | ||||||
13 | investigators who shall enforce
the duties conferred upon | ||||||
14 | the Board by this Act.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
16 | (50 ILCS 705/6.1)
| ||||||
17 | Sec. 6.1. Decertification of full-time and part-time | ||||||
18 | police officers.
| ||||||
19 | (a) The Board must review police officer conduct and | ||||||
20 | records to ensure that
no
police officer is certified
or | ||||||
21 | provided a valid waiver if that police officer has been | ||||||
22 | convicted of a
felony offense under the laws of this
State or | ||||||
23 | any other state which if committed in this State would be | ||||||
24 | punishable
as a felony. The Board must also
ensure that no | ||||||
25 | police officer is certified or provided a valid waiver if that
|
| |||||||
| |||||||
1 | police officer has been convicted on or
after the effective | ||||||
2 | date of this amendatory Act of 1999 of any misdemeanor
| ||||||
3 | specified in this Section or if
committed in any other state | ||||||
4 | would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||||||
5 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, | ||||||
6 | 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of 1961 | ||||||
7 | or the Criminal Code of 2012 , to subdivision (a)(1) or | ||||||
8 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 , or subsection (a) of Section 17-32 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
11 | to Section 5 or
5.2 of the Cannabis Control Act. The Board must | ||||||
12 | appoint investigators to
enforce the duties conferred upon the
| ||||||
13 | Board by this Act.
| ||||||
14 | (b) It is the responsibility of the sheriff or the chief | ||||||
15 | executive officer
of every local law enforcement
agency or | ||||||
16 | department within this State to report to the Board any arrest | ||||||
17 | or
conviction of any officer for an
offense identified in this | ||||||
18 | Section.
| ||||||
19 | (c) It is the duty and responsibility of every full-time | ||||||
20 | and part-time
police officer in this State to report to
the | ||||||
21 | Board within 30 days, and the officer's sheriff or chief | ||||||
22 | executive officer,
of his or her arrest or conviction for
an | ||||||
23 | offense identified in this Section. Any full-time or part-time | ||||||
24 | police
officer who knowingly makes, submits,
causes to be | ||||||
25 | submitted, or files a false or untruthful report to the Board | ||||||
26 | must
have his or her certificate or waiver
immediately |
| |||||||
| |||||||
1 | decertified or revoked.
| ||||||
2 | (d) Any person, or a local or State agency, or the Board is | ||||||
3 | immune from
liability for submitting,
disclosing, or releasing | ||||||
4 | information of arrests or convictions in this Section
as long | ||||||
5 | as the information is
submitted, disclosed, or released in good | ||||||
6 | faith and without malice. The Board
has qualified immunity for | ||||||
7 | the
release of the information.
| ||||||
8 | (e) Any full-time or part-time police officer with a | ||||||
9 | certificate or waiver
issued by the Board who is
convicted of | ||||||
10 | any offense described in this Section immediately becomes
| ||||||
11 | decertified or no longer has a valid
waiver. The | ||||||
12 | decertification and invalidity of waivers occurs as a matter of
| ||||||
13 | law. Failure of a convicted person to
report to the Board his | ||||||
14 | or her conviction as described in this Section or any
continued | ||||||
15 | law enforcement practice
after receiving a conviction is a | ||||||
16 | Class 4 felony.
| ||||||
17 | (f) The Board's investigators are peace officers and have | ||||||
18 | all the powers
possessed by policemen in cities
and by | ||||||
19 | sheriff's, provided that the investigators may exercise those | ||||||
20 | powers
anywhere in the State, only after
contact and | ||||||
21 | cooperation with the appropriate local law enforcement | ||||||
22 | authorities.
| ||||||
23 | (g) The Board must request and receive information and | ||||||
24 | assistance from any
federal, state, or local
governmental | ||||||
25 | agency as part of the authorized criminal background
| ||||||
26 | investigation. The Department of State Police must process, |
| |||||||
| |||||||
1 | retain, and
additionally
provide
and disseminate information | ||||||
2 | to the Board concerning criminal charges, arrests,
| ||||||
3 | convictions, and their disposition, that have
been filed | ||||||
4 | before, on, or after the effective date of this amendatory Act | ||||||
5 | of
the 91st General Assembly against a basic academy applicant, | ||||||
6 | law enforcement
applicant, or law enforcement officer whose | ||||||
7 | fingerprint identification cards
are on file or maintained by | ||||||
8 | the Department of State Police. The Federal
Bureau
of
| ||||||
9 | Investigation must provide the Board any criminal history | ||||||
10 | record information
contained in its files pertaining to law
| ||||||
11 | enforcement officers or any applicant to a Board certified | ||||||
12 | basic law
enforcement academy as described in this Act
based on | ||||||
13 | fingerprint identification. The Board must make payment of fees | ||||||
14 | to the
Department of State Police for each
fingerprint card | ||||||
15 | submission in conformance with the requirements of paragraph
22 | ||||||
16 | of Section 55a of the Civil
Administrative Code of Illinois.
| ||||||
17 | (h) A police officer who has been certified or granted a | ||||||
18 | valid waiver
shall
also be decertified or have his or her | ||||||
19 | waiver revoked upon a determination by
the Illinois Labor | ||||||
20 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
21 | has knowingly and willfully made false statements
as
to a | ||||||
22 | material fact going to an element of the offense of murder. If | ||||||
23 | an appeal
is filed, the determination shall be stayed.
| ||||||
24 | (1) In the case of an acquittal on a charge of murder, | ||||||
25 | a verified
complaint may be filed:
| ||||||
26 | (A) by the defendant; or
|
| |||||||
| |||||||
1 | (B) by a police officer with personal knowledge of | ||||||
2 | perjured
testimony.
| ||||||
3 | The complaint must allege that a police officer, while | ||||||
4 | under oath, knowingly
and
willfully made false statements | ||||||
5 | as to a material fact going to an element of
the
offense of | ||||||
6 | murder. The verified complaint must be filed with the | ||||||
7 | Executive
Director of the Illinois Law Enforcement | ||||||
8 | Training Standards Board within 2
years of the judgment of | ||||||
9 | acquittal.
| ||||||
10 | (2) Within 30 days, the Executive Director of the | ||||||
11 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
12 | review the verified complaint and determine whether the
| ||||||
13 | verified complaint is frivolous and without merit, or | ||||||
14 | whether further
investigation is
warranted. The Illinois | ||||||
15 | Law Enforcement Training Standards Board shall notify
the | ||||||
16 | officer and the Executive Director of the Illinois Labor | ||||||
17 | Relations Board
State Panel of the filing of the complaint | ||||||
18 | and any action taken thereon. If the
Executive Director of | ||||||
19 | the Illinois Law Enforcement Training
Standards Board | ||||||
20 | determines that the verified complaint is frivolous and | ||||||
21 | without
merit, it shall be dismissed. The Executive | ||||||
22 | Director of the Illinois Law
Enforcement Training | ||||||
23 | Standards Board has sole discretion to make this
| ||||||
24 | determination and this decision is not subject to appeal.
| ||||||
25 | (i) If the Executive Director of the Illinois Law | ||||||
26 | Enforcement Training
Standards Board determines that the |
| |||||||
| |||||||
1 | verified complaint warrants further
investigation, he or she | ||||||
2 | shall refer the matter to a task force of
investigators
created | ||||||
3 | for this purpose. This task force shall consist of 8 sworn | ||||||
4 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
5 | City of Chicago Police Department, 2
from county police | ||||||
6 | departments, and 2 from municipal police departments.
These | ||||||
7 | investigators shall have a minimum of 5 years of experience in | ||||||
8 | conducting
criminal investigations. The investigators shall be | ||||||
9 | appointed by the Executive
Director of the Illinois Law | ||||||
10 | Enforcement Training Standards Board. Any officer
or officers | ||||||
11 | acting in this capacity pursuant to this statutory provision | ||||||
12 | will
have
statewide police authority while acting in this | ||||||
13 | investigative capacity. Their
salaries
and expenses for the | ||||||
14 | time spent conducting investigations under this paragraph
| ||||||
15 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
16 | Standards Board.
| ||||||
17 | (j) Once the Executive Director of the Illinois Law | ||||||
18 | Enforcement Training
Standards Board has determined that an | ||||||
19 | investigation is warranted, the verified
complaint shall be | ||||||
20 | assigned to an investigator or investigators. The
investigator
| ||||||
21 | or investigators shall conduct an investigation of the verified | ||||||
22 | complaint and
shall
write a report of his or her findings. This | ||||||
23 | report shall be submitted to the
Executive Director of the | ||||||
24 | Illinois Labor Relations Board State Panel.
| ||||||
25 | Within 30 days, the Executive Director of the Illinois | ||||||
26 | Labor Relations Board
State Panel
shall review the |
| |||||||
| |||||||
1 | investigative report and determine whether sufficient evidence
| ||||||
2 | exists to
conduct an evidentiary hearing on the verified | ||||||
3 | complaint. If the Executive
Director of the Illinois Labor | ||||||
4 | Relations Board State Panel determines upon his
or
her review | ||||||
5 | of the investigatory report that a hearing should not be | ||||||
6 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
7 | in the Executive Director's sole
discretion, and this dismissal | ||||||
8 | may not be appealed.
| ||||||
9 | If the Executive Director of the Illinois Labor Relations | ||||||
10 | Board
State Panel
determines that there is sufficient evidence | ||||||
11 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
12 | verified complaint, to be conducted by an administrative law
| ||||||
13 | judge employed by the Illinois Labor Relations Board State | ||||||
14 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
15 | Board State Panel shall inform the
Executive Director of the | ||||||
16 | Illinois Law Enforcement Training Standards Board and
the | ||||||
17 | person who filed the complaint of either the dismissal of the | ||||||
18 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
19 | Executive Director shall assign the complaint to the
| ||||||
20 | administrative law judge within 30 days
of the
decision | ||||||
21 | granting a hearing.
| ||||||
22 | (k) In the case of a finding of guilt on the offense of | ||||||
23 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
24 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
25 | claim that a police officer, under oath, knowingly and
| ||||||
26 | willfully made false statements as to a material fact going to |
| |||||||
| |||||||
1 | an element of
the
offense of murder, the Illinois Labor | ||||||
2 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
3 | whether the officer should be decertified if an interested | ||||||
4 | party
requests such a hearing within 2 years of the court's | ||||||
5 | decision. The complaint
shall be assigned to an administrative | ||||||
6 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
7 | At the hearing, the accused officer shall be afforded the | ||||||
8 | opportunity to:
| ||||||
9 | (1) Be represented by counsel of his or her own | ||||||
10 | choosing;
| ||||||
11 | (2) Be heard in his or her own defense;
| ||||||
12 | (3) Produce evidence in his or her defense;
| ||||||
13 | (4) Request that the Illinois Labor Relations Board | ||||||
14 | State Panel compel the
attendance of witnesses and | ||||||
15 | production of related documents including but not
limited | ||||||
16 | to court documents and records.
| ||||||
17 | Once a case has been set for hearing, the verified | ||||||
18 | complaint shall be
referred to the Department of Professional | ||||||
19 | Regulation. That office shall
prosecute the verified complaint | ||||||
20 | at the hearing before the administrative law
judge. The | ||||||
21 | Department of Professional Regulation shall have the | ||||||
22 | opportunity to
produce evidence to support the verified | ||||||
23 | complaint and to request the Illinois
Labor
Relations Board | ||||||
24 | State Panel to compel the attendance of witnesses and the
| ||||||
25 | production of related documents, including, but not limited to, | ||||||
26 | court documents
and records. The Illinois Labor Relations Board |
| |||||||
| |||||||
1 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
2 | the attendance of and testimony of witnesses and
the production | ||||||
3 | of related documents including, but not limited to, court
| ||||||
4 | documents and records and shall have the power to administer | ||||||
5 | oaths.
| ||||||
6 | The administrative law judge shall have the responsibility | ||||||
7 | of receiving into
evidence relevant testimony and documents, | ||||||
8 | including court records, to support
or disprove the allegations | ||||||
9 | made by the person filing the verified complaint
and,
at the | ||||||
10 | close of the case, hear arguments. If the administrative law | ||||||
11 | judge finds
that there is not clear and convincing evidence to | ||||||
12 | support the verified
complaint
that the police officer has, | ||||||
13 | while under oath, knowingly and willfully made
false
statements | ||||||
14 | as to a material fact going to an element of the offense of | ||||||
15 | murder,
the
administrative law judge shall make a written | ||||||
16 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
17 | Board State Panel. If the administrative law judge
finds
that | ||||||
18 | there is clear and convincing evidence that the police officer | ||||||
19 | has, while
under
oath, knowingly and willfully made false | ||||||
20 | statements as to a material fact that
goes to an element of the | ||||||
21 | offense of murder, the administrative law judge shall
make a | ||||||
22 | written recommendation so concluding to the Illinois Labor | ||||||
23 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
24 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
25 | Standards Board shall be
informed of the
administrative law | ||||||
26 | judge's recommended findings and decision and the Illinois
|
| |||||||
| |||||||
1 | Labor Relations Board State Panel's subsequent review of the | ||||||
2 | recommendation.
| ||||||
3 | (l) An officer named in any complaint filed pursuant to | ||||||
4 | this Act shall be
indemnified for his or her reasonable | ||||||
5 | attorney's fees and costs by his or her
employer. These fees | ||||||
6 | shall be paid in a regular and timely manner. The State,
upon | ||||||
7 | application by the public employer, shall reimburse the public | ||||||
8 | employer
for
the accused officer's reasonable attorney's fees | ||||||
9 | and costs. At no time and
under
no circumstances will the | ||||||
10 | accused officer be required to pay his or her own
reasonable | ||||||
11 | attorney's fees or costs.
| ||||||
12 | (m) The accused officer shall not be placed on unpaid | ||||||
13 | status because of
the filing or processing of the verified | ||||||
14 | complaint until there is a final
non-appealable order | ||||||
15 | sustaining his or her guilt and his or her certification
is
| ||||||
16 | revoked.
Nothing in this Act, however, restricts the public | ||||||
17 | employer from pursuing
discipline against the officer in the | ||||||
18 | normal course and under procedures then
in
place.
| ||||||
19 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
20 | review the
administrative law judge's recommended decision and | ||||||
21 | order and determine by a
majority vote whether or not there was | ||||||
22 | clear and convincing evidence that the
accused officer, while | ||||||
23 | under oath, knowingly and willfully made false
statements
as to | ||||||
24 | a material fact going to the offense of murder. Within 30 days | ||||||
25 | of service
of
the administrative law judge's recommended | ||||||
26 | decision and order, the parties may
file exceptions to the |
| |||||||
| |||||||
1 | recommended decision and order and briefs in support of
their | ||||||
2 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
3 | The
parties
may file responses to the exceptions and briefs in | ||||||
4 | support of the responses no
later than 15 days after the | ||||||
5 | service of the exceptions. If exceptions are filed
by
any of | ||||||
6 | the parties, the Illinois Labor Relations Board State Panel | ||||||
7 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
8 | or modify the recommended
decision and order. If the Illinois | ||||||
9 | Labor Relations Board State Panel concludes
that there is clear | ||||||
10 | and convincing evidence that the accused officer, while
under
| ||||||
11 | oath, knowingly and willfully made false statements as to a | ||||||
12 | material fact going
to
an element of the offense murder, the | ||||||
13 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
14 | Illinois Law Enforcement Training Standards Board and the
| ||||||
15 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
16 | the accused
officer's certification. If the accused officer | ||||||
17 | appeals that determination to
the
Appellate Court, as provided | ||||||
18 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
19 | the revocation of his or her certification pending the court's
| ||||||
20 | review
of the matter.
| ||||||
21 | (o) None of the Illinois Labor Relations Board State | ||||||
22 | Panel's findings or
determinations shall set any precedent in | ||||||
23 | any of its decisions decided pursuant
to the Illinois Public | ||||||
24 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
25 | Panel or the courts.
| ||||||
26 | (p) A party aggrieved by the final order of the Illinois |
| |||||||
| |||||||
1 | Labor Relations
Board State Panel may apply for and obtain | ||||||
2 | judicial review of an order of the
Illinois Labor Relations | ||||||
3 | Board State Panel, in accordance with the provisions
of
the | ||||||
4 | Administrative Review Law, except that such judicial review | ||||||
5 | shall be
afforded
directly in the Appellate Court for the | ||||||
6 | district in which the accused officer
resides.
Any direct | ||||||
7 | appeal to the Appellate Court shall be filed within 35 days | ||||||
8 | from the
date that a copy of the decision sought to be reviewed | ||||||
9 | was served upon the
party
affected by the decision.
| ||||||
10 | (q) Interested parties. Only interested parties to the | ||||||
11 | criminal prosecution
in
which the police officer allegedly, | ||||||
12 | while under oath, knowingly and willfully
made
false statements | ||||||
13 | as to a material fact going to an element of the offense of
| ||||||
14 | murder may file a verified complaint pursuant to this Section. | ||||||
15 | For purposes of
this Section, "interested parties" shall be | ||||||
16 | limited to the defendant and any
police
officer who has | ||||||
17 | personal knowledge that the police officer who is the subject
| ||||||
18 | of
the complaint has, while under oath, knowingly and willfully | ||||||
19 | made false
statements
as
to a material fact going to an element | ||||||
20 | of the offense of murder.
| ||||||
21 | (r) Semi-annual reports. The Executive Director of the | ||||||
22 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
23 | reports to the Governor, President,
and
Minority Leader of the | ||||||
24 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
25 | Representatives beginning on June 30, 2004, indicating:
| ||||||
26 | (1) the number of verified complaints received since |
| |||||||
| |||||||
1 | the date of the
last
report;
| ||||||
2 | (2) the number of investigations initiated since the | ||||||
3 | date of the last
report;
| ||||||
4 | (3) the number of investigations concluded since the | ||||||
5 | date of the last
report;
| ||||||
6 | (4) the number of investigations pending as of the | ||||||
7 | reporting date;
| ||||||
8 | (5) the number of hearings held since the date of the | ||||||
9 | last report; and
| ||||||
10 | (6) the number of officers decertified since the date | ||||||
11 | of the last
report.
| ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
13 | Section 180. The Peace Officer Firearm Training Act is | ||||||
14 | amended by changing Section 2 as follows:
| ||||||
15 | (50 ILCS 710/2) (from Ch. 85, par. 516)
| ||||||
16 | Sec. 2. Training course for peace officers.
| ||||||
17 | (a) Successful completion of a 40 hour course of training | ||||||
18 | in use of a
suitable type firearm shall be a condition | ||||||
19 | precedent to the possession and use
of that respective firearm | ||||||
20 | by any peace officer in this State in connection
with the | ||||||
21 | officer's official duties. The training must be approved by the
| ||||||
22 | Illinois Law Enforcement Training Standards Board ("the
| ||||||
23 | Board") and may be given in logical segments but must be | ||||||
24 | completed within 6
months from the date of the officer's |
| |||||||
| |||||||
1 | initial employment. To satisfy the
requirements of this Act, | ||||||
2 | the training must include the following:
| ||||||
3 | (1) Instruction in the dangers of misuse of the | ||||||
4 | firearm, safety
rules, and care and cleaning of the | ||||||
5 | firearm.
| ||||||
6 | (2) Practice firing on a range and qualification with | ||||||
7 | the firearm in
accordance with the standards established by | ||||||
8 | the Board.
| ||||||
9 | (3) Instruction in the legal use of firearms under the | ||||||
10 | Criminal Code of
2012 1961 and relevant court decisions.
| ||||||
11 | (4) A forceful presentation of the ethical and moral | ||||||
12 | considerations
assumed by any person who uses a firearm.
| ||||||
13 | (b) Any officer who successfully completes the Basic | ||||||
14 | Training Course
prescribed for recruits by the Board shall be | ||||||
15 | presumed to have satisfied
the requirements of this Act.
| ||||||
16 | (c) The Board shall cause the training courses to be | ||||||
17 | conducted twice each
year within each of the Mobile Team | ||||||
18 | Regions, but no training course need be
held when there are no | ||||||
19 | police officers requiring the training.
| ||||||
20 | (d) (Blank).
| ||||||
21 | (e) The Board may waive, or may conditionally waive, the 40 | ||||||
22 | hour course of
training if, in the Board's opinion, the officer | ||||||
23 | has previously successfully
completed a
course of similar | ||||||
24 | content and duration. In cases of waiver, the officer shall
| ||||||
25 | demonstrate
his or her knowledge and proficiency by passing the | ||||||
26 | written examination on
firearms and
by successfully passing the |
| |||||||
| |||||||
1 | range qualification portion of the prescribed
course
of | ||||||
2 | training.
| ||||||
3 | (Source: P.A. 94-984, eff. 6-30-06.)
| ||||||
4 | Section 185. The Uniform Peace Officers' Disciplinary Act | ||||||
5 | is amended by changing Sections 2 and 5 as follows:
| ||||||
6 | (50 ILCS 725/2) (from Ch. 85, par. 2552)
| ||||||
7 | Sec. 2. For the purposes of this Act, unless clearly | ||||||
8 | required otherwise,
the terms defined in this Section have the | ||||||
9 | meaning ascribed herein:
| ||||||
10 | (a) "Officer" means any peace officer, as defined by | ||||||
11 | Section 2-13 of the
Criminal Code of 2012 1961, as now or | ||||||
12 | hereafter amended , who is employed by
any unit of local | ||||||
13 | government or a State college or university, including
| ||||||
14 | supervisory and command personnel,
and any pay-grade | ||||||
15 | investigator for the Secretary of State as
defined in Section | ||||||
16 | 14-110 of the Illinois Pension Code, including
Secretary of | ||||||
17 | State sergeants, lieutenants, commanders, and investigator
| ||||||
18 | trainees. The term does not include crossing guards, parking | ||||||
19 | enforcement
personnel, traffic wardens or employees of any | ||||||
20 | State's Attorney's office.
| ||||||
21 | (b) "Informal inquiry" means a meeting by supervisory or | ||||||
22 | command personnel
with an officer upon whom an allegation of | ||||||
23 | misconduct has come to the attention
of such supervisory or | ||||||
24 | command personnel, the purpose of which meeting is
to mediate a |
| |||||||
| |||||||
1 | citizen complaint or discuss the facts to determine whether
a | ||||||
2 | formal investigation should be commenced.
| ||||||
3 | (c) "Formal investigation" means the process of | ||||||
4 | investigation ordered
by a commanding officer during which the | ||||||
5 | questioning of an officer is intended
to gather evidence of | ||||||
6 | misconduct which may be the basis for filing charges
seeking | ||||||
7 | his or her removal, discharge or suspension in excess of 3 | ||||||
8 | days.
| ||||||
9 | (d) "Interrogation" means the questioning of an officer | ||||||
10 | pursuant to
the formal investigation procedures of the | ||||||
11 | respective State agency or local
governmental unit in | ||||||
12 | connection with an alleged violation of such agency's
or unit's | ||||||
13 | rules which may be the basis for filing charges seeking his or
| ||||||
14 | her suspension, removal, or discharge. The term does not | ||||||
15 | include
questioning (1) as part of an informal inquiry or (2) | ||||||
16 | relating to minor
infractions of agency rules which may be | ||||||
17 | noted on the officer's record but
which may not in themselves | ||||||
18 | result in removal, discharge or suspension in
excess of 3 days.
| ||||||
19 | (e) "Administrative proceeding" means any non-judicial | ||||||
20 | hearing which is
authorized to recommend, approve or order the | ||||||
21 | suspension, removal, or
discharge of an officer.
| ||||||
22 | (Source: P.A. 95-293, eff. 1-1-08.)
| ||||||
23 | (50 ILCS 725/5) (from Ch. 85, par. 2566)
| ||||||
24 | Sec. 5.
This Act does not apply to any officer charged with | ||||||
25 | violating
any provisions of the Criminal Code of 1961, the |
| |||||||
| |||||||
1 | Criminal Code of 2012, or any other federal, State,
or local | ||||||
2 | criminal law.
| ||||||
3 | (Source: P.A. 83-981.)
| ||||||
4 | Section 190. The Firemen's Disciplinary Act is amended by | ||||||
5 | changing Section 5 as follows:
| ||||||
6 | (50 ILCS 745/5) (from Ch. 85, par. 2516)
| ||||||
7 | Sec. 5.
This Act does not apply to any fireman charged with | ||||||
8 | violating
any provisions of the Criminal Code of 1961, the | ||||||
9 | Criminal Code of 2012, or any other federal, State,
or local | ||||||
10 | criminal law.
| ||||||
11 | (Source: P.A. 83-783.)
| ||||||
12 | Section 195. The Emergency Telephone System Act is amended | ||||||
13 | by changing Sections 6 and 15.2 as follows:
| ||||||
14 | (50 ILCS 750/6) (from Ch. 134, par. 36)
| ||||||
15 | Sec. 6. Capabilities of system; pay telephones. All systems | ||||||
16 | shall be
designed to meet the specific
requirements of each | ||||||
17 | community and public agency served by the system.
Every system, | ||||||
18 | whether basic or sophisticated, shall be designed to have
the | ||||||
19 | capability of utilizing at least 1 of the methods specified in
| ||||||
20 | Sections 2.03 through 2.06, in response to emergency calls. The
| ||||||
21 | General Assembly finds and declares that the most critical | ||||||
22 | aspect of the
design of any system is the procedure established |
| |||||||
| |||||||
1 | for handling a
telephone request for emergency services.
| ||||||
2 | In addition, to maximize efficiency and utilization of the | ||||||
3 | system,
all pay telephones within each system shall, within 3 | ||||||
4 | years after the
implementation date or by December 31, 1985, | ||||||
5 | whichever is later,
enable a caller to dial "9-1-1" for | ||||||
6 | emergency services without the
necessity of inserting a coin. | ||||||
7 | This paragraph does not apply to pay
telephones
located in | ||||||
8 | penal
institutions, as defined in Section 2-14 of the Criminal | ||||||
9 | Code of 2012 1961 , that
have
been designated for the exclusive | ||||||
10 | use of committed persons.
| ||||||
11 | (Source: P.A. 91-518, eff. 8-13-99.)
| ||||||
12 | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| ||||||
13 | Sec. 15.2.
Any person calling the number "911" for the | ||||||
14 | purpose of making a
false alarm or complaint and reporting | ||||||
15 | false information is subject to the
provisions of Section 26-1 | ||||||
16 | of the Criminal Code of 2012 1961 .
| ||||||
17 | (Source: P.A. 92-502, eff. 12-19-01.)
| ||||||
18 | Section 200. The Counties Code is amended by changing | ||||||
19 | Sections 3-9005, 3-9007, 4-2002, 5-1103, and 5-1117 as follows:
| ||||||
20 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||||||
21 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
22 | (a) The duty of each State's attorney shall be:
| ||||||
23 | (1) To commence and prosecute all actions, suits, |
| |||||||
| |||||||
1 | indictments and
prosecutions, civil and criminal, in the | ||||||
2 | circuit court for his county,
in which the people of the | ||||||
3 | State or county may be concerned.
| ||||||
4 | (2) To prosecute all forfeited bonds and | ||||||
5 | recognizances, and all
actions and proceedings for the | ||||||
6 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
7 | forfeitures accruing to the State or his county, or
to any | ||||||
8 | school district or road district in his county; also, to
| ||||||
9 | prosecute all suits in his county against railroad or | ||||||
10 | transportation
companies, which may be prosecuted in the | ||||||
11 | name of the People of the
State of Illinois.
| ||||||
12 | (3) To commence and prosecute all actions and | ||||||
13 | proceedings brought by
any county officer in his official | ||||||
14 | capacity.
| ||||||
15 | (4) To defend all actions and proceedings brought | ||||||
16 | against his
county, or against any county or State officer, | ||||||
17 | in his official
capacity, within his county.
| ||||||
18 | (5) To attend the examination of all persons brought | ||||||
19 | before any judge
on habeas corpus, when the prosecution is | ||||||
20 | in his county.
| ||||||
21 | (6) To attend before judges and prosecute charges of | ||||||
22 | felony or
misdemeanor, for which the offender is required | ||||||
23 | to be recognized to appear
before the circuit court, when | ||||||
24 | in his power so to do.
| ||||||
25 | (7) To give his opinion, without fee or reward, to any | ||||||
26 | county officer
in his county, upon any question or law |
| |||||||
| |||||||
1 | relating to any criminal or other
matter, in which the | ||||||
2 | people or the county may be concerned.
| ||||||
3 | (8) To assist the attorney general whenever it may be | ||||||
4 | necessary, and in
cases of appeal from his county to the | ||||||
5 | Supreme Court, to which it is the
duty of the attorney | ||||||
6 | general to attend, he shall furnish the attorney general
at | ||||||
7 | least 10 days before such is due to be filed, a manuscript | ||||||
8 | of a proposed
statement, brief and argument to be printed | ||||||
9 | and filed on behalf of the people,
prepared in accordance | ||||||
10 | with the rules of the Supreme Court. However, if
such | ||||||
11 | brief, argument or other document is due to be filed by law | ||||||
12 | or order
of court within this 10 day period, then the | ||||||
13 | State's attorney shall furnish
such as soon as may be | ||||||
14 | reasonable.
| ||||||
15 | (9) To pay all moneys received by him in trust, without | ||||||
16 | delay, to the
officer who by law is entitled to the custody | ||||||
17 | thereof.
| ||||||
18 | (10) To notify, by first class mail, complaining | ||||||
19 | witnesses of the ultimate
disposition of the cases arising | ||||||
20 | from an indictment or an information.
| ||||||
21 | (11) To perform such other and further duties as may, | ||||||
22 | from time to time,
be enjoined on him by law.
| ||||||
23 | (12) To appear in all proceedings by collectors of | ||||||
24 | taxes against
delinquent taxpayers for judgments to sell | ||||||
25 | real estate, and see that all the
necessary preliminary | ||||||
26 | steps have been legally taken to make the judgment legal
|
| |||||||
| |||||||
1 | and binding.
| ||||||
2 | (13) To notify, by first-class mail, the State | ||||||
3 | Superintendent of Education, the applicable regional | ||||||
4 | superintendent of schools, and the superintendent of the | ||||||
5 | employing school district or the chief school | ||||||
6 | administrator of the employing nonpublic school, if any, | ||||||
7 | upon the conviction of any individual known to possess a | ||||||
8 | certificate or license issued pursuant to Article 21 or | ||||||
9 | 21B, respectively, of the School Code of any offense set | ||||||
10 | forth in Section 21B-80 of the School Code or any other | ||||||
11 | felony conviction, providing the name of the certificate | ||||||
12 | holder, the fact of the conviction, and the name and | ||||||
13 | location of the court where the conviction occurred. The | ||||||
14 | certificate holder must also be contemporaneously sent a | ||||||
15 | copy of the notice. | ||||||
16 | (b) The State's Attorney of each county shall have | ||||||
17 | authority to
appoint one or more special investigators to serve | ||||||
18 | subpoenas, make return
of process and conduct investigations | ||||||
19 | which assist the State's Attorney in
the performance of his | ||||||
20 | duties. A special investigator shall not carry
firearms except | ||||||
21 | with permission of the State's Attorney and only while
carrying | ||||||
22 | appropriate identification indicating his employment and in | ||||||
23 | the
performance of his assigned duties.
| ||||||
24 | Subject to the qualifications set forth in this subsection, | ||||||
25 | special
investigators shall be peace officers and shall have | ||||||
26 | all the powers possessed
by investigators under the State's |
| |||||||
| |||||||
1 | Attorneys Appellate Prosecutor's Act.
| ||||||
2 | No special investigator employed by the State's Attorney | ||||||
3 | shall have peace
officer status or exercise police powers | ||||||
4 | unless he or she successfully
completes the basic police | ||||||
5 | training course mandated and approved by the
Illinois Law | ||||||
6 | Enforcement Training Standards Board or such
board waives the | ||||||
7 | training requirement by reason of the special
investigator's | ||||||
8 | prior law enforcement experience or training or both. Any
| ||||||
9 | State's Attorney appointing a special investigator shall | ||||||
10 | consult with all
affected local police agencies, to the extent | ||||||
11 | consistent with the public
interest, if the special | ||||||
12 | investigator is assigned to areas within that
agency's | ||||||
13 | jurisdiction.
| ||||||
14 | Before a person is appointed as a special investigator, his
| ||||||
15 | fingerprints shall be taken and transmitted to the Department | ||||||
16 | of State
Police. The Department shall examine its records and | ||||||
17 | submit to the State's
Attorney of the county in which the | ||||||
18 | investigator seeks appointment any
conviction information | ||||||
19 | concerning the person on file with the Department.
No person | ||||||
20 | shall be appointed as a special investigator if he has been
| ||||||
21 | convicted of a felony or other offense involving moral | ||||||
22 | turpitude. A
special investigator shall be paid a salary and be | ||||||
23 | reimbursed for actual
expenses incurred in performing his | ||||||
24 | assigned duties. The county board
shall approve the salary and | ||||||
25 | actual expenses and appropriate the salary
and expenses in the | ||||||
26 | manner prescribed by law or ordinance.
|
| |||||||
| |||||||
1 | (c) The State's
Attorney may request and receive from | ||||||
2 | employers, labor unions, telephone
companies, and utility | ||||||
3 | companies
location information concerning putative fathers and | ||||||
4 | noncustodial parents for
the purpose of establishing a child's | ||||||
5 | paternity or establishing, enforcing, or
modifying a child | ||||||
6 | support obligation. In this subsection, "location
information"
| ||||||
7 | means information about (i) the physical whereabouts of a | ||||||
8 | putative father or
noncustodial parent, (ii) the putative | ||||||
9 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
10 | wages, and other
compensation paid and the health insurance | ||||||
11 | coverage provided to the putative
father or noncustodial parent | ||||||
12 | by the employer of the putative father or
noncustodial parent
| ||||||
13 | or by a labor union of which the putative father or | ||||||
14 | noncustodial parent is a
member.
| ||||||
15 | (d) For each State fiscal year, the
State's Attorney of | ||||||
16 | Cook County shall appear before the General Assembly and
| ||||||
17 | request appropriations to be made from the Capital Litigation | ||||||
18 | Trust Fund to the
State Treasurer for the purpose of providing | ||||||
19 | assistance in the prosecution of
capital cases in Cook County | ||||||
20 | and for the purpose of providing assistance to the State in | ||||||
21 | post-conviction proceedings in capital cases under Article 122 | ||||||
22 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
23 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
24 | Procedure in relation to capital cases. The State's Attorney | ||||||
25 | may appear before the
General Assembly at other times during | ||||||
26 | the State's fiscal year to request
supplemental appropriations |
| |||||||
| |||||||
1 | from the Trust Fund to the State Treasurer.
| ||||||
2 | (e) The State's Attorney shall have the authority to enter | ||||||
3 | into a written
agreement with the Department of Revenue for | ||||||
4 | pursuit of civil
liability under subsection (E) of Section 17-1 | ||||||
5 | of the Criminal Code of 2012 1961 against persons who
have | ||||||
6 | issued to the Department checks or other orders in violation of | ||||||
7 | the
provisions of paragraph (1) of subsection (B) of Section | ||||||
8 | 17-1 of the Criminal
Code of 2012 1961 , with the Department to | ||||||
9 | retain the amount owing upon the
dishonored check or order | ||||||
10 | along with the dishonored check fee imposed under the
Uniform | ||||||
11 | Penalty and Interest Act, with the balance of damages, fees, | ||||||
12 | and costs
collected under subsection (E) of Section 17-1 of the | ||||||
13 | Criminal Code of 2012 1961 or under Section 17-1a of that Code | ||||||
14 | to be retained by
the State's Attorney. The agreement shall not | ||||||
15 | affect the allocation of fines
and costs imposed in any | ||||||
16 | criminal prosecution.
| ||||||
17 | (Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; | ||||||
18 | 97-607, eff. 8-26-11.)
| ||||||
19 | (55 ILCS 5/3-9007) (from Ch. 34, par. 3-9007)
| ||||||
20 | Sec. 3-9007. Home rule unit liquor tax ordinance; | ||||||
21 | prosecutions. Where any county, municipality or other unit of | ||||||
22 | local government has
adopted any ordinance or other regulation | ||||||
23 | imposing a tax upon the privilege
of engaging in business as a | ||||||
24 | manufacturer, importing distributor, retailer
or distributor | ||||||
25 | of beer, alcohol or other spirits, pursuant to its home rule
|
| |||||||
| |||||||
1 | powers under Article VII, Section 6 of the Constitution of the | ||||||
2 | State of
Illinois, nothing shall prohibit a State's attorney | ||||||
3 | from prosecuting any
offense under the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012 which may also constitute a
violation | ||||||
5 | of the applicable ordinance or regulation.
| ||||||
6 | (Source: P.A. 86-962.)
| ||||||
7 | (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| ||||||
8 | Sec. 4-2002. State's attorney fees in counties under | ||||||
9 | 3,000,000
population. This Section applies only to counties | ||||||
10 | with fewer than
3,000,000 inhabitants.
| ||||||
11 | (a) State's attorneys shall be entitled to the following | ||||||
12 | fees, however, the
fee requirement of this subsection does not | ||||||
13 | apply to county boards:
| ||||||
14 | For each conviction in prosecutions on indictments for | ||||||
15 | first degree murder,
second degree murder, involuntary | ||||||
16 | manslaughter, criminal sexual assault,
aggravated criminal | ||||||
17 | sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||||||
18 | arson and forgery, $30. All other cases punishable by | ||||||
19 | imprisonment
in the penitentiary, $30.
| ||||||
20 | For each conviction in other cases tried before judges of | ||||||
21 | the circuit
court, $15; except that if the conviction is in a | ||||||
22 | case which may be
assigned to an associate judge, whether or | ||||||
23 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
24 | be $10.
| ||||||
25 | For preliminary examinations for each defendant held to |
| |||||||
| |||||||
1 | bail or
recognizance, $10.
| ||||||
2 | For each examination of a party bound over to keep the | ||||||
3 | peace, $10.
| ||||||
4 | For each defendant held to answer in a circuit court on a | ||||||
5 | charge of
paternity, $10.
| ||||||
6 | For each trial on a charge of paternity, $30.
| ||||||
7 | For each case of appeal taken from his county or from the | ||||||
8 | county to
which a change of venue is taken to his county to the | ||||||
9 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
10 | $50.
| ||||||
11 | For each day actually employed in the trial of a case, $25; | ||||||
12 | in which
case the court before whom the case is tried shall | ||||||
13 | make an order
specifying the number of days for which a per | ||||||
14 | diem shall be allowed.
| ||||||
15 | For each day actually employed in the trial of cases of | ||||||
16 | felony
arising in their respective counties and taken by change | ||||||
17 | of venue to
another county, $25; and the court before whom the | ||||||
18 | case is tried shall
make an order specifying the number of days | ||||||
19 | for which said per diem
shall be allowed; and it is hereby made | ||||||
20 | the duty of each State's
attorney to prepare and try each case | ||||||
21 | of felony arising when so taken by
change of venue.
| ||||||
22 | For assisting in a trial of each case on an indictment for | ||||||
23 | felony
brought by change of venue to their respective counties, | ||||||
24 | the same fees
they would be entitled to if such indictment had | ||||||
25 | been found for an
offense committed in his county, and it shall | ||||||
26 | be the duty of the
State's attorney of the county to which such |
| |||||||
| |||||||
1 | cause is taken by
change of venue to assist in the trial | ||||||
2 | thereof.
| ||||||
3 | For each case of forfeited recognizance where the | ||||||
4 | forfeiture is set
aside at the instance of the defense, in | ||||||
5 | addition to the ordinary costs,
$10 for each defendant.
| ||||||
6 | For each proceeding in a circuit court to inquire into the | ||||||
7 | alleged
mental illness of any person, $10 for each defendant.
| ||||||
8 | For each proceeding in a circuit court to inquire into the | ||||||
9 | alleged
dependency or delinquency of any child, $10.
| ||||||
10 | For each day actually employed in the hearing of a case of | ||||||
11 | habeas
corpus in which the people are interested, $25.
| ||||||
12 | For each violation of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 and the Illinois Vehicle Code in which a | ||||||
14 | defendant has entered a plea of guilty or a defendant has | ||||||
15 | stipulated to the facts supporting the charge or a finding of | ||||||
16 | guilt and the court has entered an order of supervision, $10.
| ||||||
17 | State's attorneys shall be entitled to a $2 fee to be paid | ||||||
18 | by the defendant on a judgment of guilty or a grant of | ||||||
19 | supervision for a violation of any provision of the Illinois | ||||||
20 | Vehicle Code or any felony, misdemeanor, or petty offense to | ||||||
21 | discharge the expenses of the State's Attorney's office for | ||||||
22 | establishing and maintaining automated record keeping systems. | ||||||
23 | The fee shall be remitted monthly to the county treasurer, to | ||||||
24 | be deposited by him or her into a special fund designated as | ||||||
25 | the State's Attorney Records Automation Fund. Expenditures | ||||||
26 | from this fund may be made by the State's Attorney for |
| |||||||
| |||||||
1 | hardware, software, research, and development costs and | ||||||
2 | personnel related thereto. | ||||||
3 | All the foregoing fees shall be taxed as costs to be | ||||||
4 | collected from
the defendant, if possible, upon conviction. But | ||||||
5 | in cases of inquiry
into the mental illness of any person | ||||||
6 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
7 | and in cases of appeal in the Supreme or
Appellate Court, where | ||||||
8 | judgment is in favor of the accused, the fees
allowed the | ||||||
9 | State's attorney therein shall be retained out of the fines
and | ||||||
10 | forfeitures collected by them in other cases.
| ||||||
11 | Ten per cent of all moneys except revenue, collected by | ||||||
12 | them and paid
over to the authorities entitled thereto, which | ||||||
13 | per cent together with
the fees provided for herein that are | ||||||
14 | not collected from the parties
tried or examined, shall be paid | ||||||
15 | out of any fines and forfeited
recognizances collected by them, | ||||||
16 | provided however, that in proceedings
to foreclose the lien of | ||||||
17 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
18 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
19 | the total amount realized from the sale of real estate sold in | ||||||
20 | such
proceedings. Such fees shall be paid from the total amount | ||||||
21 | realized from
the sale of the real estate sold in such | ||||||
22 | proceedings.
| ||||||
23 | State's attorneys shall have a lien for their fees on all | ||||||
24 | judgments
for fines or forfeitures procured by them and on | ||||||
25 | moneys except revenue
received by them until such fees and | ||||||
26 | earnings are fully paid.
|
| |||||||
| |||||||
1 | No fees shall be charged on more than 10 counts in any one | ||||||
2 | indictment
or information on trial and conviction; nor on more | ||||||
3 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
4 | The Circuit Court may direct that of all monies received, | ||||||
5 | by
restitution or otherwise, which monies are ordered paid to | ||||||
6 | the
Department of Healthcare and Family Services (formerly | ||||||
7 | Department of Public Aid) or the Department of Human Services | ||||||
8 | (acting as
successor to the Department of Public Aid under the | ||||||
9 | Department of Human
Services Act) as a direct result of the | ||||||
10 | efforts
of the
State's attorney and which payments arise from | ||||||
11 | Civil or Criminal
prosecutions involving the Illinois Public | ||||||
12 | Aid Code or the Criminal Code,
the
following amounts shall be | ||||||
13 | paid quarterly by the Department of Healthcare and Family | ||||||
14 | Services or the Department of Human Services to the General | ||||||
15 | Corporate Fund of
the County in which the prosecution
or cause | ||||||
16 | of action took place:
| ||||||
17 | (1) where the monies result from child support | ||||||
18 | obligations, not
more than 25% of the federal share of the | ||||||
19 | monies received,
| ||||||
20 | (2) where the monies result from other than child | ||||||
21 | support
obligations, not more than 25% of the State's share | ||||||
22 | of the monies received.
| ||||||
23 | In addition to any other amounts to which State's Attorneys | ||||||
24 | are entitled under this Section, State's Attorneys are entitled | ||||||
25 | to $10 of the fine that is imposed under Section 5-9-1.17 of | ||||||
26 | the Unified Code of Corrections, as set forth in that Section. |
| |||||||
| |||||||
1 | (b) A municipality shall be entitled to a $25 prosecution | ||||||
2 | fee for each
conviction for a violation of the Illinois Vehicle | ||||||
3 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
4 | 16-102 of that Code which results in a finding of guilt
before | ||||||
5 | a circuit or associate judge or in which a defendant has | ||||||
6 | stipulated to the facts supporting the charge or a finding of | ||||||
7 | guilt and the court has entered an order of supervision and | ||||||
8 | shall be entitled to a $25
prosecution fee for each conviction | ||||||
9 | for a violation of a municipal vehicle
ordinance or nontraffic | ||||||
10 | ordinance which results in a finding of guilt before a circuit | ||||||
11 | or associate judge or in which a defendant has stipulated to | ||||||
12 | the facts supporting the charge or a finding of guilt and the | ||||||
13 | court has entered an order of supervision. Such fee shall be | ||||||
14 | taxed as
costs to be collected from the defendant, if possible, | ||||||
15 | upon disposition of the case. A
municipality shall have a lien | ||||||
16 | for such prosecution fees on all judgments or
fines procured by | ||||||
17 | the municipal attorney from prosecutions for violations of
the | ||||||
18 | Illinois Vehicle Code and municipal vehicle ordinances or | ||||||
19 | nontraffic
ordinances.
| ||||||
20 | For the purposes of this subsection (b), "municipal vehicle | ||||||
21 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
22 | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||||||
23 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
24 | is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||||||
25 | Code.
| ||||||
26 | (Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; |
| |||||||
| |||||||
1 | 97-331, eff. 8-12-11; 97-673, eff. 6-1-12; revised 10-16-12.)
| ||||||
2 | (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
| ||||||
3 | Sec. 5-1103. Court services fee. A county board may enact | ||||||
4 | by ordinance or
resolution a court services fee dedicated to | ||||||
5 | defraying court security expenses
incurred by the sheriff in | ||||||
6 | providing court services or for any other court
services deemed | ||||||
7 | necessary by the sheriff to provide for court security,
| ||||||
8 | including without limitation court services provided pursuant | ||||||
9 | to Section
3-6023, as now or hereafter amended. Such fee shall | ||||||
10 | be paid in civil cases by
each party at the time of filing the | ||||||
11 | first pleading, paper or other appearance;
provided that no | ||||||
12 | additional fee shall be required if more than one party is
| ||||||
13 | represented in a single pleading, paper or other appearance. In | ||||||
14 | criminal,
local ordinance, county ordinance, traffic and | ||||||
15 | conservation cases, such fee
shall be assessed against the | ||||||
16 | defendant upon a plea of guilty, stipulation of
facts or | ||||||
17 | findings of guilty, resulting in a judgment of conviction, or | ||||||
18 | order of
supervision, or sentence of probation without entry of | ||||||
19 | judgment pursuant to
Section 10 of the Cannabis Control Act, | ||||||
20 | Section 410 of the Illinois Controlled
Substances Act, Section | ||||||
21 | 70 of the Methamphetamine Control and Community Protection Act,
| ||||||
22 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 , Section | ||||||
24 | 10-102 of
the Illinois Alcoholism and Other Drug Dependency | ||||||
25 | Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and |
| |||||||
| |||||||
1 | Dependency Act, or Section 10 of the
Steroid Control Act. In | ||||||
2 | setting such fee, the county board may impose,
with
the | ||||||
3 | concurrence of the Chief Judge of the judicial circuit in which | ||||||
4 | the county
is located by administrative order entered by the | ||||||
5 | Chief Judge,
differential
rates for the various types or | ||||||
6 | categories of criminal and civil cases, but the
maximum rate | ||||||
7 | shall not exceed $25.
All proceeds from this fee must be used | ||||||
8 | to defray court security expenses
incurred by the sheriff in | ||||||
9 | providing court services.
No fee shall be imposed or collected,
| ||||||
10 | however, in traffic, conservation, and ordinance cases in which | ||||||
11 | fines are paid
without a court appearance. The fees shall be | ||||||
12 | collected in the manner in which
all other court fees or costs | ||||||
13 | are collected and shall be deposited into the
county general | ||||||
14 | fund for payment solely of costs incurred by the sheriff in
| ||||||
15 | providing court security or for any other court services deemed | ||||||
16 | necessary by
the sheriff to provide for court security.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
18 | (55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
| ||||||
19 | Sec. 5-1117. Discharge of firearms.
| ||||||
20 | (a) The county board of any county may, by ordinance, | ||||||
21 | regulate or
prohibit within unincorporated areas the discharge | ||||||
22 | of firearms in any
residential area where such discharge is | ||||||
23 | likely to subject residents or
passersby to the risk of injury. | ||||||
24 | However, such an ordinance shall not
limit the right to | ||||||
25 | discharge a firearm for the lawful defense of persons or
|
| |||||||
| |||||||
1 | property, or in the course of making a lawful arrest, when such | ||||||
2 | use of force
is justified under Article 7 of the Criminal Code | ||||||
3 | of 2012 1961 .
| ||||||
4 | (b) For the purposes of this Section, a "residential area" | ||||||
5 | is any
area within 300 yards of at least 3 single or | ||||||
6 | multi-family residential
structures.
| ||||||
7 | (Source: P.A. 87-580.)
| ||||||
8 | Section 205. The Illinois Municipal Code is amended by | ||||||
9 | changing Sections 10-1-7, 10-1-7.1, 10-2.1-6, and 10-2.1-6.3 | ||||||
10 | as follows:
| ||||||
11 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||||||
12 | Sec. 10-1-7. Examination of applicants; disqualifications.
| ||||||
13 | (a) All applicants for offices or places in the classified | ||||||
14 | service, except
those mentioned in Section 10-1-17, are subject | ||||||
15 | to examination. The
examination shall be public, competitive, | ||||||
16 | and open to all citizens of the
United States, with specified | ||||||
17 | limitations as to residence, age, health, habits
and moral | ||||||
18 | character.
| ||||||
19 | (b) Residency requirements in effect at the time an | ||||||
20 | individual enters the
fire or police service of a municipality | ||||||
21 | (other than a municipality that
has more than 1,000,000 | ||||||
22 | inhabitants) cannot be made more restrictive
for that | ||||||
23 | individual during his or her period of service for that | ||||||
24 | municipality,
or be made a condition of promotion, except for |
| |||||||
| |||||||
1 | the rank or position of Fire or
Police Chief.
| ||||||
2 | (c) No person with a record of misdemeanor convictions | ||||||
3 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
4 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
5 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, | ||||||
6 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||||||
7 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) | ||||||
8 | of Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012 or arrested for any cause but
not convicted on | ||||||
10 | that cause shall be disqualified from taking the examination
on | ||||||
11 | grounds of habits or moral character, unless the person is | ||||||
12 | attempting to
qualify for a position on the police department, | ||||||
13 | in which case the conviction
or arrest may be considered as a | ||||||
14 | factor in determining the person's habits or
moral character.
| ||||||
15 | (d) Persons entitled to military preference under Section | ||||||
16 | 10-1-16
shall not be subject to limitations specifying age | ||||||
17 | unless they are
applicants for a position as a fireman or a | ||||||
18 | policeman having no previous
employment status as a fireman or | ||||||
19 | policeman in the regularly constituted
fire or police | ||||||
20 | department of the municipality, in which case they must not
| ||||||
21 | have attained their 35th birthday, except any person who has | ||||||
22 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
23 | for at least 5 years and is
under 40 years of age.
| ||||||
24 | (e) All employees of a municipality of less than 500,000 | ||||||
25 | population (except
those who would be excluded from the | ||||||
26 | classified service as provided in this
Division 1) who are |
| |||||||
| |||||||
1 | holding that employment as of the date a municipality
adopts | ||||||
2 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
3 | later,
and who have held that employment for at least 2 years | ||||||
4 | immediately before that
later date, and all firemen and | ||||||
5 | policemen regardless of length of service who
were either | ||||||
6 | appointed to their respective positions by the board of fire | ||||||
7 | and
police commissioners under the provisions of Division 2 of | ||||||
8 | this Article or who
are serving in a position (except as a | ||||||
9 | temporary employee) in the fire or
police department in the | ||||||
10 | municipality on the date a municipality adopts
this Division 1, | ||||||
11 | or as of July 17, 1959, whichever date is the later, shall
| ||||||
12 | become members of the classified civil service of the | ||||||
13 | municipality
without examination.
| ||||||
14 | (f) The examinations shall be practical in their character, | ||||||
15 | and shall
relate to those matters that will fairly test the | ||||||
16 | relative capacity of the
persons examined to discharge the | ||||||
17 | duties of the positions to which they
seek to be appointed. The | ||||||
18 | examinations shall include tests of physical
qualifications, | ||||||
19 | health, and (when appropriate) manual skill. If an applicant
is | ||||||
20 | unable to pass the physical examination solely as the result of | ||||||
21 | an injury
received by the applicant as the result of the | ||||||
22 | performance of an act of duty
while working as a temporary | ||||||
23 | employee in the position for which he or she is
being examined, | ||||||
24 | however, the physical examination shall be waived and the
| ||||||
25 | applicant shall be considered to have passed the examination. | ||||||
26 | No questions in
any examination shall relate to political or |
| |||||||
| |||||||
1 | religious opinions or
affiliations. Results of examinations | ||||||
2 | and the eligible registers prepared from
the results shall be | ||||||
3 | published by the commission within 60 days after any
| ||||||
4 | examinations are held.
| ||||||
5 | (g) The commission shall control all examinations, and may, | ||||||
6 | whenever an
examination is to take place, designate a suitable | ||||||
7 | number of persons,
either in or not in the official service of | ||||||
8 | the municipality, to be
examiners. The examiners shall conduct | ||||||
9 | the examinations as directed by the
commission and shall make a | ||||||
10 | return or report of the examinations to the
commission. If the | ||||||
11 | appointed examiners are in the official service of the
| ||||||
12 | municipality, the examiners shall not receive extra | ||||||
13 | compensation for conducting
the examinations unless the | ||||||
14 | examiners are subject to a collective bargaining agreement with | ||||||
15 | the municipality. The commission may at any time substitute any | ||||||
16 | other person,
whether or not in the service of the | ||||||
17 | municipality, in the place of any one
selected as an examiner. | ||||||
18 | The commission members may themselves at any time act
as | ||||||
19 | examiners without appointing examiners. The examiners at any | ||||||
20 | examination
shall not all be members of the same political | ||||||
21 | party.
| ||||||
22 | (h) In municipalities of 500,000 or more population, no | ||||||
23 | person who has
attained his or her 35th birthday shall be | ||||||
24 | eligible to take an examination for
a position as a fireman or | ||||||
25 | a policeman unless the person has had previous
employment | ||||||
26 | status as a policeman or fireman in the regularly constituted |
| |||||||
| |||||||
1 | police
or fire department of the municipality, except as | ||||||
2 | provided in this Section.
| ||||||
3 | (i) In municipalities of more than 5,000 but not more than | ||||||
4 | 200,000
inhabitants, no person who has attained his or her 35th | ||||||
5 | birthday shall be
eligible to take an examination for a | ||||||
6 | position as a fireman or a policeman
unless the person has had | ||||||
7 | previous employment status as a policeman or fireman
in the | ||||||
8 | regularly constituted police or fire department of the | ||||||
9 | municipality,
except as provided in this Section.
| ||||||
10 | (j) In all municipalities, applicants who are 20 years of | ||||||
11 | age and who have
successfully completed 2 years of law | ||||||
12 | enforcement studies at an accredited
college or university may | ||||||
13 | be considered for appointment to active duty with
the police | ||||||
14 | department. An applicant described in this subsection (j) who | ||||||
15 | is
appointed to active duty shall not have power of arrest, nor | ||||||
16 | shall the
applicant be permitted to carry firearms, until he or | ||||||
17 | she reaches 21 years of
age.
| ||||||
18 | (k) In municipalities of more than 500,000 population, | ||||||
19 | applications for
examination for and appointment to positions | ||||||
20 | as firefighters or police
shall be made available at various | ||||||
21 | branches of the public library of the
municipality.
| ||||||
22 | (l) No municipality having a population less than 1,000,000 | ||||||
23 | shall require
that any fireman appointed to the lowest rank | ||||||
24 | serve a probationary employment
period of longer than one year. | ||||||
25 | The limitation on periods of probationary
employment provided | ||||||
26 | in this amendatory Act of 1989 is an exclusive power and
|
| |||||||
| |||||||
1 | function of the State. Pursuant to subsection (h) of Section 6 | ||||||
2 | of Article VII
of the Illinois Constitution, a home rule | ||||||
3 | municipality having a population less
than 1,000,000 must | ||||||
4 | comply with this limitation on periods of probationary
| ||||||
5 | employment, which is a denial and limitation of home rule | ||||||
6 | powers.
Notwithstanding anything to the contrary in this | ||||||
7 | Section, the probationary
employment period limitation may be | ||||||
8 | extended for a firefighter who is required, as a condition of | ||||||
9 | employment, to be a certified paramedic, during which time the | ||||||
10 | sole reason that a firefighter may be discharged without a | ||||||
11 | hearing is for failing to meet the requirements for paramedic | ||||||
12 | certification.
| ||||||
13 | (m) To the extent that this Section or any other Section in | ||||||
14 | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then | ||||||
15 | Section 10-1-7.1 or 10-1-7.2 shall control. | ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; | ||||||
17 | 97-898, eff. 8-6-12; 97-1109, eff. 1-1-13.)
| ||||||
18 | (65 ILCS 5/10-1-7.1) | ||||||
19 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
20 | department. | ||||||
21 | (a) Applicability. Unless a commission elects to follow the | ||||||
22 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
23 | original appointments to an affected full-time fire | ||||||
24 | department. Existing registers of eligibles shall continue to | ||||||
25 | be valid until their expiration dates, or up to a maximum of 2 |
| |||||||
| |||||||
1 | years after the effective date of this amendatory Act of the | ||||||
2 | 97th General Assembly. | ||||||
3 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
4 | to the contrary, all original appointments to an affected | ||||||
5 | department to which this Section applies shall be administered | ||||||
6 | in the manner provided for in this Section. Provisions of the | ||||||
7 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
8 | adopted pursuant to such authority and other laws relating to | ||||||
9 | initial hiring of firefighters in affected departments shall | ||||||
10 | continue to apply to the extent they are compatible with this | ||||||
11 | Section, but in the event of a conflict between this Section | ||||||
12 | and any other law, this Section shall control. | ||||||
13 | A home rule or non-home rule municipality may not | ||||||
14 | administer its fire department process for original | ||||||
15 | appointments in a manner that is less stringent than this | ||||||
16 | Section. This Section is a limitation under subsection (i) of | ||||||
17 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
18 | concurrent exercise by home rule units of the powers and | ||||||
19 | functions exercised by the State. | ||||||
20 | A municipality that is operating under a court order or | ||||||
21 | consent decree regarding original appointments to a full-time | ||||||
22 | fire department before the effective date of this amendatory | ||||||
23 | Act of the 97th General Assembly is exempt from the | ||||||
24 | requirements of this Section for the duration of the court | ||||||
25 | order or consent decree. | ||||||
26 | Notwithstanding any other provision of this subsection |
| |||||||
| |||||||
1 | (a), this Section does not apply to a municipality with more | ||||||
2 | than 1,000,000 inhabitants. | ||||||
3 | (b) Original appointments. All original appointments made | ||||||
4 | to an affected fire department shall be made from a register of | ||||||
5 | eligibles established in accordance with the processes | ||||||
6 | established by this Section. Only persons who meet or exceed | ||||||
7 | the performance standards required by this Section shall be | ||||||
8 | placed on a register of eligibles for original appointment to | ||||||
9 | an affected fire department. | ||||||
10 | Whenever an appointing authority authorizes action to hire | ||||||
11 | a person to perform the duties of a firefighter or to hire a | ||||||
12 | firefighter-paramedic to fill a position that is a new position | ||||||
13 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
14 | granting of a disability or retirement pension, or any other | ||||||
15 | cause, the appointing authority shall appoint to that position | ||||||
16 | the person with the highest ranking on the final eligibility | ||||||
17 | list. If the appointing authority has reason to conclude that | ||||||
18 | the highest ranked person fails to meet the minimum standards | ||||||
19 | for the position or if the appointing authority believes an | ||||||
20 | alternate candidate would better serve the needs of the | ||||||
21 | department, then the appointing authority has the right to pass | ||||||
22 | over the highest ranked person and appoint either: (i) any | ||||||
23 | person who has a ranking in the top 5% of the register of | ||||||
24 | eligibles or (ii) any person who is among the top 5 highest | ||||||
25 | ranked persons on the list of eligibles if the number of people | ||||||
26 | who have a ranking in the top 5% of the register of eligibles |
| |||||||
| |||||||
1 | is less than 5 people. | ||||||
2 | Any candidate may pass on an appointment once without | ||||||
3 | losing his or her position on the register of eligibles. Any | ||||||
4 | candidate who passes a second time may be removed from the list | ||||||
5 | by the appointing authority provided that such action shall not | ||||||
6 | prejudice a person's opportunities to participate in future | ||||||
7 | examinations, including an examination held during the time a | ||||||
8 | candidate is already on the municipality's register of | ||||||
9 | eligibles. | ||||||
10 | The sole authority to issue certificates of appointment | ||||||
11 | shall be vested in the Civil Service Commission. All | ||||||
12 | certificates of appointment issued to any officer or member of | ||||||
13 | an affected department shall be signed by the chairperson and | ||||||
14 | secretary, respectively, of the commission upon appointment of | ||||||
15 | such officer or member to the affected department by the | ||||||
16 | commission. Each person who accepts a certificate of | ||||||
17 | appointment and successfully completes his or her probationary | ||||||
18 | period shall be enrolled as a firefighter and as a regular | ||||||
19 | member of the fire department. | ||||||
20 | For the purposes of this Section, "firefighter" means any | ||||||
21 | person who has been prior to, on, or after the effective date | ||||||
22 | of this amendatory Act of the 97th General Assembly appointed | ||||||
23 | to a fire department or fire protection district or employed by | ||||||
24 | a State university and sworn or commissioned to perform | ||||||
25 | firefighter duties or paramedic duties, or both, except that | ||||||
26 | the following persons are not included: part-time |
| |||||||
| |||||||
1 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
2 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
3 | other civilian employees of a fire department or fire | ||||||
4 | protection district who are not routinely expected to perform | ||||||
5 | firefighter duties; and elected officials. | ||||||
6 | (c) Qualification for placement on register of eligibles. | ||||||
7 | The purpose of establishing a register of eligibles is to | ||||||
8 | identify applicants who possess and demonstrate the mental | ||||||
9 | aptitude and physical ability to perform the duties required of | ||||||
10 | members of the fire department in order to provide the highest | ||||||
11 | quality of service to the public. To this end, all applicants | ||||||
12 | for original appointment to an affected fire department shall | ||||||
13 | be subject to examination and testing which shall be public, | ||||||
14 | competitive, and open to all applicants unless the municipality | ||||||
15 | shall by ordinance limit applicants to residents of the | ||||||
16 | municipality, county or counties in which the municipality is | ||||||
17 | located, State, or nation. Municipalities may establish | ||||||
18 | educational, emergency medical service licensure, and other | ||||||
19 | pre-requisites for participation in an examination or for hire | ||||||
20 | as a firefighter. Any municipality may charge a fee to cover | ||||||
21 | the costs of the application process. | ||||||
22 | Residency requirements in effect at the time an individual | ||||||
23 | enters the fire service of a municipality cannot be made more | ||||||
24 | restrictive for that individual during his or her period of | ||||||
25 | service for that municipality, or be made a condition of | ||||||
26 | promotion, except for the rank or position of fire chief and |
| |||||||
| |||||||
1 | for no more than 2 positions that rank immediately below that | ||||||
2 | of the chief rank which are appointed positions pursuant to the | ||||||
3 | Fire Department Promotion Act. | ||||||
4 | No person who is 35 years of age or older shall be eligible | ||||||
5 | to take an examination for a position as a firefighter unless | ||||||
6 | the person has had previous employment status as a firefighter | ||||||
7 | in the regularly constituted fire department of the | ||||||
8 | municipality, except as provided in this Section. The age | ||||||
9 | limitation does not apply to: | ||||||
10 | (1) any person previously employed as a full-time | ||||||
11 | firefighter in a regularly constituted fire department of | ||||||
12 | (i) any municipality or fire protection district located in | ||||||
13 | Illinois, (ii) a fire protection district whose | ||||||
14 | obligations were assumed by a municipality under Section 21 | ||||||
15 | of the Fire Protection District Act, or (iii) a | ||||||
16 | municipality whose obligations were taken over by a fire | ||||||
17 | protection district, or | ||||||
18 | (2) any person who has served a municipality as a | ||||||
19 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
20 | firefighter for the 5 years immediately preceding the time | ||||||
21 | that the municipality begins to use full-time firefighters | ||||||
22 | to provide all or part of its fire protection service. | ||||||
23 | No person who is under 21 years of age shall be eligible | ||||||
24 | for employment as a firefighter. | ||||||
25 | No applicant shall be examined concerning his or her | ||||||
26 | political or religious opinions or affiliations. The |
| |||||||
| |||||||
1 | examinations shall be conducted by the commissioners of the | ||||||
2 | municipality or their designees and agents. | ||||||
3 | No municipality shall require that any firefighter | ||||||
4 | appointed to the lowest rank serve a probationary employment | ||||||
5 | period of longer than one year of actual active employment, | ||||||
6 | which may exclude periods of training, or injury or illness | ||||||
7 | leaves, including duty related leave, in excess of 30 calendar | ||||||
8 | days. Notwithstanding anything to the contrary in this Section, | ||||||
9 | the probationary employment period limitation may be extended | ||||||
10 | for a firefighter who is required, as a condition of | ||||||
11 | employment, to be a certified paramedic, during which time the | ||||||
12 | sole reason that a firefighter may be discharged without a | ||||||
13 | hearing is for failing to meet the requirements for paramedic | ||||||
14 | certification. | ||||||
15 | In the event that any applicant who has been found eligible | ||||||
16 | for appointment and whose name has been placed upon the final | ||||||
17 | eligibility register provided for in this Division 1 has not | ||||||
18 | been appointed to a firefighter position within one year after | ||||||
19 | the date of his or her physical ability examination, the | ||||||
20 | commission may cause a second examination to be made of that | ||||||
21 | applicant's physical ability prior to his or her appointment. | ||||||
22 | If, after the second examination, the physical ability of the | ||||||
23 | applicant shall be found to be less than the minimum standard | ||||||
24 | fixed by the rules of the commission, the applicant shall not | ||||||
25 | be appointed. The applicant's name may be retained upon the | ||||||
26 | register of candidates eligible for appointment and when next |
| |||||||
| |||||||
1 | reached for certification and appointment that applicant may be | ||||||
2 | again examined as provided in this Section, and if the physical | ||||||
3 | ability of that applicant is found to be less than the minimum | ||||||
4 | standard fixed by the rules of the commission, the applicant | ||||||
5 | shall not be appointed, and the name of the applicant shall be | ||||||
6 | removed from the register. | ||||||
7 | (d) Notice, examination, and testing components. Notice of | ||||||
8 | the time, place, general scope, merit criteria for any | ||||||
9 | subjective component, and fee of every examination shall be | ||||||
10 | given by the commission, by a publication at least 2 weeks | ||||||
11 | preceding the examination: (i) in one or more newspapers | ||||||
12 | published in the municipality, or if no newspaper is published | ||||||
13 | therein, then in one or more newspapers with a general | ||||||
14 | circulation within the municipality, or (ii) on the | ||||||
15 | municipality's Internet website. Additional notice of the | ||||||
16 | examination may be given as the commission shall prescribe. | ||||||
17 | The examination and qualifying standards for employment of | ||||||
18 | firefighters shall be based on: mental aptitude, physical | ||||||
19 | ability, preferences, moral character, and health. The mental | ||||||
20 | aptitude, physical ability, and preference components shall | ||||||
21 | determine an applicant's qualification for and placement on the | ||||||
22 | final register of eligibles. The examination may also include a | ||||||
23 | subjective component based on merit criteria as determined by | ||||||
24 | the commission. Scores from the examination must be made | ||||||
25 | available to the public. | ||||||
26 | (e) Mental aptitude. No person who does not possess at |
| |||||||
| |||||||
1 | least a high school diploma or an equivalent high school | ||||||
2 | education shall be placed on a register of eligibles. | ||||||
3 | Examination of an applicant's mental aptitude shall be based | ||||||
4 | upon a written examination. The examination shall be practical | ||||||
5 | in character and relate to those matters that fairly test the | ||||||
6 | capacity of the persons examined to discharge the duties | ||||||
7 | performed by members of a fire department. Written examinations | ||||||
8 | shall be administered in a manner that ensures the security and | ||||||
9 | accuracy of the scores achieved. | ||||||
10 | (f) Physical ability. All candidates shall be required to | ||||||
11 | undergo an examination of their physical ability to perform the | ||||||
12 | essential functions included in the duties they may be called | ||||||
13 | upon to perform as a member of a fire department. For the | ||||||
14 | purposes of this Section, essential functions of the job are | ||||||
15 | functions associated with duties that a firefighter may be | ||||||
16 | called upon to perform in response to emergency calls. The | ||||||
17 | frequency of the occurrence of those duties as part of the fire | ||||||
18 | department's regular routine shall not be a controlling factor | ||||||
19 | in the design of examination criteria or evolutions selected | ||||||
20 | for testing. These physical examinations shall be open, | ||||||
21 | competitive, and based on industry standards designed to test | ||||||
22 | each applicant's physical abilities in the following | ||||||
23 | dimensions: | ||||||
24 | (1) Muscular strength to perform tasks and evolutions | ||||||
25 | that may be required in the performance of duties including | ||||||
26 | grip strength, leg strength, and arm strength. Tests shall |
| |||||||
| |||||||
1 | be conducted under anaerobic as well as aerobic conditions | ||||||
2 | to test both the candidate's speed and endurance in | ||||||
3 | performing tasks and evolutions. Tasks tested may be based | ||||||
4 | on standards developed, or approved, by the local | ||||||
5 | appointing authority. | ||||||
6 | (2) The ability to climb ladders, operate from heights, | ||||||
7 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
8 | and operate in proximity to hazardous environments. | ||||||
9 | (3) The ability to carry out critical, time-sensitive, | ||||||
10 | and complex problem solving during physical exertion in | ||||||
11 | stressful and hazardous environments. The testing | ||||||
12 | environment may be hot and dark with tightly enclosed | ||||||
13 | spaces, flashing lights, sirens, and other distractions. | ||||||
14 | The tests utilized to measure each applicant's
| ||||||
15 | capabilities in each of these dimensions may be tests based on
| ||||||
16 | industry standards currently in use or equivalent tests | ||||||
17 | approved by the Joint Labor-Management Committee of the Office | ||||||
18 | of the State Fire Marshal. | ||||||
19 | Physical ability examinations administered under this | ||||||
20 | Section shall be conducted with a reasonable number of proctors | ||||||
21 | and monitors, open to the public, and subject to reasonable | ||||||
22 | regulations of the commission. | ||||||
23 | (g) Scoring of examination components. Appointing | ||||||
24 | authorities may create a preliminary eligibility register. A | ||||||
25 | person shall be placed on the list based upon his or her | ||||||
26 | passage of the written examination or the passage of the |
| |||||||
| |||||||
1 | written examination and the physical ability component. | ||||||
2 | Passage of the written examination means a score that is at or | ||||||
3 | above the median score for all applicants participating in the | ||||||
4 | written test. The appointing authority may conduct the physical | ||||||
5 | ability component and any subjective components subsequent to | ||||||
6 | the posting of the preliminary eligibility register. | ||||||
7 | The examination components for an initial eligibility | ||||||
8 | register shall be graded on a 100-point scale. A person's | ||||||
9 | position on the list shall be determined by the following: (i)
| ||||||
10 | the person's score on the written examination, (ii) the person
| ||||||
11 | successfully passing the physical ability component, and (iii) | ||||||
12 | the
person's results on any subjective component as described | ||||||
13 | in
subsection (d). | ||||||
14 | In order to qualify for placement on the final eligibility | ||||||
15 | register, an applicant's score on the written examination, | ||||||
16 | before any applicable preference points or subjective points | ||||||
17 | are applied, shall be at or above the median score. The local | ||||||
18 | appointing authority may prescribe the score to qualify for | ||||||
19 | placement on the final eligibility register, but the score | ||||||
20 | shall not be less than the median score. | ||||||
21 | The commission shall prepare and keep a register of persons | ||||||
22 | whose total score is not less than the minimum fixed by this | ||||||
23 | Section and who have passed the physical ability examination. | ||||||
24 | These persons shall take rank upon the register as candidates | ||||||
25 | in the order of their relative excellence based on the highest | ||||||
26 | to the lowest total points scored on the mental aptitude, |
| |||||||
| |||||||
1 | subjective component, and preference components of the test | ||||||
2 | administered in accordance with this Section. No more than 60 | ||||||
3 | days after each examination, an initial eligibility list shall | ||||||
4 | be posted by the commission. The list shall include the final | ||||||
5 | grades of the candidates without reference to priority of the | ||||||
6 | time of examination and subject to claim for preference credit. | ||||||
7 | Commissions may conduct additional examinations, including | ||||||
8 | without limitation a polygraph test, after a final eligibility | ||||||
9 | register is established and before it expires with the | ||||||
10 | candidates ranked by total score without regard to date of | ||||||
11 | examination. No more than 60 days after each examination, an | ||||||
12 | initial eligibility list shall be posted by the commission | ||||||
13 | showing the final grades of the candidates without reference to | ||||||
14 | priority of time of examination and subject to claim for | ||||||
15 | preference credit. | ||||||
16 | (h) Preferences. The following are preferences: | ||||||
17 | (1) Veteran preference. Persons who were engaged in the | ||||||
18 | military service of the United States for a period of at | ||||||
19 | least one year of active duty and who were honorably | ||||||
20 | discharged therefrom, or who are now or have been members | ||||||
21 | on inactive or reserve duty in such military or naval | ||||||
22 | service, shall be preferred for appointment to and | ||||||
23 | employment with the fire department of an affected | ||||||
24 | department. | ||||||
25 | (2) Fire cadet preference. Persons who have | ||||||
26 | successfully completed 2 years of study in fire techniques |
| |||||||
| |||||||
1 | or cadet training within a cadet program established under | ||||||
2 | the rules of the Joint Labor and Management Committee | ||||||
3 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
4 | Promotion Act, may be preferred for appointment to and | ||||||
5 | employment with the fire department. | ||||||
6 | (3) Educational preference. Persons who have | ||||||
7 | successfully obtained an associate's degree in the field of | ||||||
8 | fire service or emergency medical services, or a bachelor's | ||||||
9 | degree from an accredited college or university may be | ||||||
10 | preferred for appointment to and employment with the fire | ||||||
11 | department. | ||||||
12 | (4) Paramedic preference. Persons who have obtained | ||||||
13 | certification as an Emergency Medical Technician-Paramedic | ||||||
14 | (EMT-P) may be preferred for appointment to and employment | ||||||
15 | with the fire department of an affected department | ||||||
16 | providing emergency medical services. | ||||||
17 | (5) Experience preference. All persons employed by a | ||||||
18 | municipality who have been paid-on-call or part-time | ||||||
19 | certified Firefighter II, certified Firefighter III, State | ||||||
20 | of Illinois or nationally licensed EMT-B or EMT-I, licensed | ||||||
21 | paramedic, or any combination of those capacities may be | ||||||
22 | awarded up to a maximum of 5 points. However, the applicant | ||||||
23 | may not be awarded more than 0.5 points for each complete | ||||||
24 | year of paid-on-call or part-time service. Applicants from | ||||||
25 | outside the municipality who were employed as full-time | ||||||
26 | firefighters or firefighter-paramedics by a fire |
| |||||||
| |||||||
1 | protection district or another municipality may be awarded | ||||||
2 | up to 5 experience preference points. However, the | ||||||
3 | applicant may not be awarded more than one point for each | ||||||
4 | complete year of full-time service. | ||||||
5 | Upon request by the commission, the governing body of | ||||||
6 | the municipality or in the case of applicants from outside | ||||||
7 | the municipality the governing body of any fire protection | ||||||
8 | district or any other municipality shall certify to the | ||||||
9 | commission, within 10 days after the request, the number of | ||||||
10 | years of successful paid-on-call, part-time, or full-time | ||||||
11 | service of any person. A candidate may not receive the full | ||||||
12 | amount of preference points under this subsection if the | ||||||
13 | amount of points awarded would place the candidate before a | ||||||
14 | veteran on the eligibility list. If more than one candidate | ||||||
15 | receiving experience preference points is prevented from | ||||||
16 | receiving all of their points due to not being allowed to | ||||||
17 | pass a veteran, the candidates shall be placed on the list | ||||||
18 | below the veteran in rank order based on the totals | ||||||
19 | received if all points under this subsection were to be | ||||||
20 | awarded. Any remaining ties on the list shall be determined | ||||||
21 | by lot. | ||||||
22 | (6) Residency preference. Applicants whose principal | ||||||
23 | residence is located within the fire department's | ||||||
24 | jurisdiction may be preferred for appointment to and | ||||||
25 | employment with the fire department. | ||||||
26 | (7) Additional preferences. Up to 5 additional |
| |||||||
| |||||||
1 | preference points may be awarded for unique categories | ||||||
2 | based on an applicant's experience or background as | ||||||
3 | identified by the commission. | ||||||
4 | (8) Scoring of preferences. The commission shall give | ||||||
5 | preference for original appointment to persons designated | ||||||
6 | in item (1)
by adding to the final grade that they receive | ||||||
7 | 5 points
for the recognized preference achieved. The | ||||||
8 | commission shall determine the number of preference points | ||||||
9 | for each category except (1). The number of preference | ||||||
10 | points for each category shall range from 0 to 5. In | ||||||
11 | determining the number of preference points, the | ||||||
12 | commission shall prescribe that if a candidate earns the | ||||||
13 | maximum number of preference points in all categories, that | ||||||
14 | number may not be less than 10 nor more than 30. The | ||||||
15 | commission shall give preference for original appointment | ||||||
16 | to persons designated in items (2) through (7) by adding | ||||||
17 | the requisite number of points to the final grade for each | ||||||
18 | recognized preference achieved. The numerical result thus | ||||||
19 | attained shall be applied by the commission in determining | ||||||
20 | the final eligibility list and appointment from the | ||||||
21 | eligibility list. The local appointing authority may | ||||||
22 | prescribe the total number of preference points awarded | ||||||
23 | under this Section, but the total number of preference | ||||||
24 | points shall not be less than 10 points or more than 30 | ||||||
25 | points. | ||||||
26 | No person entitled to any preference shall be required to |
| |||||||
| |||||||
1 | claim the credit before any examination held under the | ||||||
2 | provisions of this Section, but the preference shall be given | ||||||
3 | after the posting or publication of the initial eligibility | ||||||
4 | list or register at the request of a person entitled to a | ||||||
5 | credit before any certification or appointments are made from | ||||||
6 | the eligibility register, upon the furnishing of verifiable | ||||||
7 | evidence and proof of qualifying preference credit. Candidates | ||||||
8 | who are eligible for preference credit shall make a claim in | ||||||
9 | writing within 10 days after the posting of the initial | ||||||
10 | eligibility list, or the claim shall be deemed waived. Final | ||||||
11 | eligibility registers shall be established after the awarding | ||||||
12 | of verified preference points. All employment shall be subject | ||||||
13 | to the commission's initial hire background review including, | ||||||
14 | but not limited to, criminal history, employment history, moral | ||||||
15 | character, oral examination, and medical and psychological | ||||||
16 | examinations, all on a pass-fail basis. The medical and | ||||||
17 | psychological examinations must be conducted last, and may only | ||||||
18 | be performed after a conditional offer of employment has been | ||||||
19 | extended. | ||||||
20 | Any person placed on an eligibility list who exceeds the | ||||||
21 | age requirement before being appointed to a fire department | ||||||
22 | shall remain eligible for appointment until the list is | ||||||
23 | abolished, or his or her name has been on the list for a period | ||||||
24 | of 2 years. No person who has attained the age of 35 years | ||||||
25 | shall be inducted into a fire department, except as otherwise | ||||||
26 | provided in this Section. |
| |||||||
| |||||||
1 | The commission shall strike off the names of candidates for | ||||||
2 | original appointment after the names have been on the list for | ||||||
3 | more than 2 years. | ||||||
4 | (i) Moral character. No person shall be appointed to a fire | ||||||
5 | department unless he or she is a person of good character; not | ||||||
6 | a habitual drunkard, a gambler, or a person who has been | ||||||
7 | convicted of a felony or a crime involving moral turpitude. | ||||||
8 | However, no person shall be disqualified from appointment to | ||||||
9 | the fire department because of the person's record of | ||||||
10 | misdemeanor convictions except those under Sections 11-6, | ||||||
11 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
12 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
13 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
14 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, or arrest for any cause without | ||||||
16 | conviction thereon. Any such person who is in the department | ||||||
17 | may be removed on charges brought for violating this subsection | ||||||
18 | and after a trial as hereinafter provided. | ||||||
19 | A classifiable set of the fingerprints of every person who | ||||||
20 | is offered employment as a certificated member of an affected | ||||||
21 | fire department whether with or without compensation, shall be | ||||||
22 | furnished to the Illinois Department of State Police and to the | ||||||
23 | Federal Bureau of Investigation by the commission. | ||||||
24 | Whenever a commission is authorized or required by law to | ||||||
25 | consider some aspect of criminal history record information for | ||||||
26 | the purpose of carrying out its statutory powers and |
| |||||||
| |||||||
1 | responsibilities, then, upon request and payment of fees in | ||||||
2 | conformance with the requirements of Section 2605-400 of the | ||||||
3 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
4 | the Department of State Police is authorized to furnish, | ||||||
5 | pursuant to positive identification, the information contained | ||||||
6 | in State files as is necessary to fulfill the request. | ||||||
7 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
8 | of public business, to meet extraordinary exigencies, or to | ||||||
9 | prevent material impairment of the fire department, the | ||||||
10 | commission may make temporary appointments, to remain in force | ||||||
11 | only until regular appointments are made under the provisions | ||||||
12 | of this Division, but never to exceed 60 days. No temporary | ||||||
13 | appointment of any one person shall be made more than twice in | ||||||
14 | any calendar year. | ||||||
15 | (k) A person who knowingly divulges or receives test | ||||||
16 | questions or answers before a written examination, or otherwise | ||||||
17 | knowingly violates or subverts any requirement of this Section, | ||||||
18 | commits a violation of this Section and may be subject to | ||||||
19 | charges for official misconduct. | ||||||
20 | A person who is the knowing recipient of test information | ||||||
21 | in advance of the examination shall be disqualified from the | ||||||
22 | examination or discharged from the position to which he or she | ||||||
23 | was appointed, as applicable, and otherwise subjected to | ||||||
24 | disciplinary actions.
| ||||||
25 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
2 | Sec. 10-2.1-6. Examination of applicants; | ||||||
3 | disqualifications.
| ||||||
4 | (a) All applicants for a position in either the fire or | ||||||
5 | police department
of the municipality shall be under 35 years | ||||||
6 | of age, shall be subject to an
examination that shall be | ||||||
7 | public, competitive, and open to all applicants
(unless the | ||||||
8 | council or board of trustees by ordinance limit applicants to
| ||||||
9 | electors of the municipality, county, state or nation) and | ||||||
10 | shall be subject to
reasonable limitations as to residence, | ||||||
11 | health, habits, and moral character.
The municipality may not | ||||||
12 | charge or collect any fee from an applicant who has
met all | ||||||
13 | prequalification standards established by the municipality for | ||||||
14 | any such
position. With respect to a police department, a | ||||||
15 | veteran shall be allowed to exceed the maximum age provision of | ||||||
16 | this Section by the number of years served on active military | ||||||
17 | duty, but by no more than 10 years of active military duty.
| ||||||
18 | (b) Residency requirements in effect at the time an | ||||||
19 | individual enters the
fire or police service of a municipality | ||||||
20 | (other than a municipality that
has more than 1,000,000 | ||||||
21 | inhabitants) cannot be made more restrictive for
that | ||||||
22 | individual during his period of service for that municipality, | ||||||
23 | or be
made a condition of promotion, except for the rank or | ||||||
24 | position of Fire or
Police Chief.
| ||||||
25 | (c) No person with a record of misdemeanor convictions | ||||||
26 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
| |||||||
| |||||||
1 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
2 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | ||||||
3 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||||||
4 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8) | ||||||
5 | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012, or arrested for any cause but not
convicted on | ||||||
7 | that cause shall be disqualified from taking the examination to
| ||||||
8 | qualify for a position in the fire department on grounds of | ||||||
9 | habits or moral
character.
| ||||||
10 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
11 | to any person
previously employed as a policeman or fireman in | ||||||
12 | a regularly constituted police
or fire department of (I) any | ||||||
13 | municipality, regardless of whether the municipality is | ||||||
14 | located in Illinois or in another state, or (II) a fire | ||||||
15 | protection district
whose obligations were assumed by a | ||||||
16 | municipality under Section 21 of the Fire
Protection District | ||||||
17 | Act, (ii) to any person who has served a municipality as a
| ||||||
18 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
19 | preceding the time
that municipality begins to use full time | ||||||
20 | firemen to provide all or part of its
fire protection service, | ||||||
21 | or (iii) to any person who has served as an auxiliary police | ||||||
22 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
23 | under 40 years of
age, (iv) to any person who has served as a | ||||||
24 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
25 | meets necessary training requirements, or (v) to any person who | ||||||
26 | has served as a sworn officer as a member of the Illinois |
| |||||||
| |||||||
1 | Department of State Police.
| ||||||
2 | (e) Applicants who are 20 years of age and who have | ||||||
3 | successfully completed 2
years of law enforcement studies at an | ||||||
4 | accredited college or university may be
considered for | ||||||
5 | appointment to active duty with the police department. An
| ||||||
6 | applicant described in this subsection (e) who is appointed to | ||||||
7 | active duty
shall not have power of arrest, nor shall the | ||||||
8 | applicant be permitted to carry
firearms, until he or she | ||||||
9 | reaches 21 years of age.
| ||||||
10 | (f) Applicants who are 18 years of age and who have | ||||||
11 | successfully
completed 2 years of study in fire techniques, | ||||||
12 | amounting to a total of 4
high school credits, within the cadet | ||||||
13 | program of a municipality may be
considered for appointment to | ||||||
14 | active duty with the fire department of any
municipality.
| ||||||
15 | (g) The council or board of trustees may by ordinance | ||||||
16 | provide
that persons residing outside the municipality are | ||||||
17 | eligible to take the
examination.
| ||||||
18 | (h) The examinations shall be practical in character and | ||||||
19 | relate to
those matters that will fairly test the capacity of | ||||||
20 | the persons examined
to discharge the duties of the positions | ||||||
21 | to which they seek appointment. No
person shall be appointed to | ||||||
22 | the police or fire department if he or she does
not possess a | ||||||
23 | high school diploma or an equivalent high school education.
A | ||||||
24 | board of fire and police commissioners may, by its rules, | ||||||
25 | require police
applicants to have obtained an associate's | ||||||
26 | degree or a bachelor's degree as a
prerequisite for employment. |
| |||||||
| |||||||
1 | The
examinations shall include tests of physical | ||||||
2 | qualifications and health. A board of fire and police | ||||||
3 | commissioners may, by its rules, waive portions of the required | ||||||
4 | examination for police applicants who have previously been | ||||||
5 | full-time sworn officers of a regular police department in any | ||||||
6 | municipal, county, university, or State law enforcement | ||||||
7 | agency, provided they are certified by the Illinois Law | ||||||
8 | Enforcement Training Standards Board and have been with their | ||||||
9 | respective law enforcement agency within the State for at least | ||||||
10 | 2 years. No
person shall be appointed to the police or fire | ||||||
11 | department if he or she has
suffered the amputation of any limb | ||||||
12 | unless the applicant's duties will be only
clerical or as a | ||||||
13 | radio operator. No applicant shall be examined concerning his
| ||||||
14 | or her political or religious opinions or affiliations. The | ||||||
15 | examinations shall
be conducted by the board of fire and police | ||||||
16 | commissioners of the municipality
as provided in this Division | ||||||
17 | 2.1.
| ||||||
18 | (i) No person who is classified by his local selective | ||||||
19 | service draft board
as a conscientious objector, or who has | ||||||
20 | ever been so classified, may be
appointed to the police | ||||||
21 | department.
| ||||||
22 | (j) No person shall be appointed to the police or fire | ||||||
23 | department unless he
or she is a person of good character and | ||||||
24 | not an habitual drunkard, gambler, or
a person who has been | ||||||
25 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
26 | person, however, shall be disqualified from appointment to the
|
| |||||||
| |||||||
1 | fire department because of his or her record of misdemeanor | ||||||
2 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
3 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||||||
4 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
5 | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
6 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
7 | subsections (1), (6) and (8) of Section
24-1 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012, or arrest for any | ||||||
9 | cause without conviction on
that cause. Any such person who is | ||||||
10 | in the department may be removed on charges
brought and after a | ||||||
11 | trial as provided in this Division 2.1.
| ||||||
12 | (Source: P.A. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472, | ||||||
13 | eff. 8-14-09; 96-1551, eff. 7-1-11 .)
| ||||||
14 | (65 ILCS 5/10-2.1-6.3) | ||||||
15 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
16 | department. | ||||||
17 | (a) Applicability. Unless a commission elects to follow the | ||||||
18 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
19 | all original appointments to an affected full-time fire | ||||||
20 | department. Existing registers of eligibles shall continue to | ||||||
21 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
22 | years after the effective date of this amendatory Act of the | ||||||
23 | 97th General Assembly. | ||||||
24 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
25 | to the contrary, all original appointments to an affected |
| |||||||
| |||||||
1 | department to which this Section applies shall be administered | ||||||
2 | in the manner provided for in this Section. Provisions of the | ||||||
3 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
4 | adopted pursuant to such authority and other laws relating to | ||||||
5 | initial hiring of firefighters in affected departments shall | ||||||
6 | continue to apply to the extent they are compatible with this | ||||||
7 | Section, but in the event of a conflict between this Section | ||||||
8 | and any other law, this Section shall control. | ||||||
9 | A home rule or non-home rule municipality may not | ||||||
10 | administer its fire department process for original | ||||||
11 | appointments in a manner that is less stringent than this | ||||||
12 | Section. This Section is a limitation under subsection (i) of | ||||||
13 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
14 | concurrent exercise by home rule units of the powers and | ||||||
15 | functions exercised by the State. | ||||||
16 | A municipality that is operating under a court order or | ||||||
17 | consent decree regarding original appointments to a full-time | ||||||
18 | fire department before the effective date of this amendatory | ||||||
19 | Act of the 97th General Assembly is exempt from the | ||||||
20 | requirements of this Section for the duration of the court | ||||||
21 | order or consent decree. | ||||||
22 | Notwithstanding any other provision of this subsection | ||||||
23 | (a), this Section does not apply to a municipality with more | ||||||
24 | than 1,000,000 inhabitants. | ||||||
25 | (b) Original appointments. All original appointments made | ||||||
26 | to an affected fire department shall be made from a register of |
| |||||||
| |||||||
1 | eligibles established in accordance with the processes | ||||||
2 | established by this Section. Only persons who meet or exceed | ||||||
3 | the performance standards required by this Section shall be | ||||||
4 | placed on a register of eligibles for original appointment to | ||||||
5 | an affected fire department. | ||||||
6 | Whenever an appointing authority authorizes action to hire | ||||||
7 | a person to perform the duties of a firefighter or to hire a | ||||||
8 | firefighter-paramedic to fill a position that is a new position | ||||||
9 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
10 | granting of a disability or retirement pension, or any other | ||||||
11 | cause, the appointing authority shall appoint to that position | ||||||
12 | the person with the highest ranking on the final eligibility | ||||||
13 | list. If the appointing authority has reason to conclude that | ||||||
14 | the highest ranked person fails to meet the minimum standards | ||||||
15 | for the position or if the appointing authority believes an | ||||||
16 | alternate candidate would better serve the needs of the | ||||||
17 | department, then the appointing authority has the right to pass | ||||||
18 | over the highest ranked person and appoint either: (i) any | ||||||
19 | person who has a ranking in the top 5% of the register of | ||||||
20 | eligibles or (ii) any person who is among the top 5 highest | ||||||
21 | ranked persons on the list of eligibles if the number of people | ||||||
22 | who have a ranking in the top 5% of the register of eligibles | ||||||
23 | is less than 5 people. | ||||||
24 | Any candidate may pass on an appointment once without | ||||||
25 | losing his or her position on the register of eligibles. Any | ||||||
26 | candidate who passes a second time may be removed from the list |
| |||||||
| |||||||
1 | by the appointing authority provided that such action shall not | ||||||
2 | prejudice a person's opportunities to participate in future | ||||||
3 | examinations, including an examination held during the time a | ||||||
4 | candidate is already on the municipality's register of | ||||||
5 | eligibles. | ||||||
6 | The sole authority to issue certificates of appointment | ||||||
7 | shall be vested in the board of fire and police commissioners. | ||||||
8 | All certificates of appointment issued to any officer or member | ||||||
9 | of an affected department shall be signed by the chairperson | ||||||
10 | and secretary, respectively, of the board upon appointment of | ||||||
11 | such officer or member to the affected department by action of | ||||||
12 | the board. Each person who accepts a certificate of appointment | ||||||
13 | and successfully completes his or her probationary period shall | ||||||
14 | be enrolled as a firefighter and as a regular member of the | ||||||
15 | fire department. | ||||||
16 | For the purposes of this Section, "firefighter" means any | ||||||
17 | person who has been prior to, on, or after the effective date | ||||||
18 | of this amendatory Act of the 97th General Assembly appointed | ||||||
19 | to a fire department or fire protection district or employed by | ||||||
20 | a State university and sworn or commissioned to perform | ||||||
21 | firefighter duties or paramedic duties, or both, except that | ||||||
22 | the following persons are not included: part-time | ||||||
23 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
24 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
25 | other civilian employees of a fire department or fire | ||||||
26 | protection district who are not routinely expected to perform |
| |||||||
| |||||||
1 | firefighter duties; and elected officials. | ||||||
2 | (c) Qualification for placement on register of eligibles. | ||||||
3 | The purpose of establishing a register of eligibles is to | ||||||
4 | identify applicants who possess and demonstrate the mental | ||||||
5 | aptitude and physical ability to perform the duties required of | ||||||
6 | members of the fire department in order to provide the highest | ||||||
7 | quality of service to the public. To this end, all applicants | ||||||
8 | for original appointment to an affected fire department shall | ||||||
9 | be subject to examination and testing which shall be public, | ||||||
10 | competitive, and open to all applicants unless the municipality | ||||||
11 | shall by ordinance limit applicants to residents of the | ||||||
12 | municipality, county or counties in which the municipality is | ||||||
13 | located, State, or nation. Municipalities may establish | ||||||
14 | educational, emergency medical service licensure, and other | ||||||
15 | pre-requisites for participation in an examination or for hire | ||||||
16 | as a firefighter. Any municipality may charge a fee to cover | ||||||
17 | the costs of the application process. | ||||||
18 | Residency requirements in effect at the time an individual | ||||||
19 | enters the fire service of a municipality cannot be made more | ||||||
20 | restrictive for that individual during his or her period of | ||||||
21 | service for that municipality, or be made a condition of | ||||||
22 | promotion, except for the rank or position of fire chief and | ||||||
23 | for no more than 2 positions that rank immediately below that | ||||||
24 | of the chief rank which are appointed positions pursuant to the | ||||||
25 | Fire Department Promotion Act. | ||||||
26 | No person who is 35 years of age or older shall be eligible |
| |||||||
| |||||||
1 | to take an examination for a position as a firefighter unless | ||||||
2 | the person has had previous employment status as a firefighter | ||||||
3 | in the regularly constituted fire department of the | ||||||
4 | municipality, except as provided in this Section. The age | ||||||
5 | limitation does not apply to: | ||||||
6 | (1) any person previously employed as a full-time | ||||||
7 | firefighter in a regularly constituted fire department of | ||||||
8 | (i) any municipality or fire protection district located in | ||||||
9 | Illinois, (ii) a fire protection district whose | ||||||
10 | obligations were assumed by a municipality under Section 21 | ||||||
11 | of the Fire Protection District Act, or (iii) a | ||||||
12 | municipality whose obligations were taken over by a fire | ||||||
13 | protection district, or | ||||||
14 | (2) any person who has served a municipality as a | ||||||
15 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
16 | firefighter for the 5 years immediately preceding the time | ||||||
17 | that the municipality begins to use full-time firefighters | ||||||
18 | to provide all or part of its fire protection service. | ||||||
19 | No person who is under 21 years of age shall be eligible | ||||||
20 | for employment as a firefighter. | ||||||
21 | No applicant shall be examined concerning his or her | ||||||
22 | political or religious opinions or affiliations. The | ||||||
23 | examinations shall be conducted by the commissioners of the | ||||||
24 | municipality or their designees and agents. | ||||||
25 | No municipality shall require that any firefighter | ||||||
26 | appointed to the lowest rank serve a probationary employment |
| |||||||
| |||||||
1 | period of longer than one year of actual active employment, | ||||||
2 | which may exclude periods of training, or injury or illness | ||||||
3 | leaves, including duty related leave, in excess of 30 calendar | ||||||
4 | days. Notwithstanding anything to the contrary in this Section, | ||||||
5 | the probationary employment period limitation may be extended | ||||||
6 | for a firefighter who is required, as a condition of | ||||||
7 | employment, to be a certified paramedic, during which time the | ||||||
8 | sole reason that a firefighter may be discharged without a | ||||||
9 | hearing is for failing to meet the requirements for paramedic | ||||||
10 | certification. | ||||||
11 | In the event that any applicant who has been found eligible | ||||||
12 | for appointment and whose name has been placed upon the final | ||||||
13 | eligibility register provided for in this Section has not been | ||||||
14 | appointed to a firefighter position within one year after the | ||||||
15 | date of his or her physical ability examination, the commission | ||||||
16 | may cause a second examination to be made of that applicant's | ||||||
17 | physical ability prior to his or her appointment. If, after the | ||||||
18 | second examination, the physical ability of the applicant shall | ||||||
19 | be found to be less than the minimum standard fixed by the | ||||||
20 | rules of the commission, the applicant shall not be appointed. | ||||||
21 | The applicant's name may be retained upon the register of | ||||||
22 | candidates eligible for appointment and when next reached for | ||||||
23 | certification and appointment that applicant may be again | ||||||
24 | examined as provided in this Section, and if the physical | ||||||
25 | ability of that applicant is found to be less than the minimum | ||||||
26 | standard fixed by the rules of the commission, the applicant |
| |||||||
| |||||||
1 | shall not be appointed, and the name of the applicant shall be | ||||||
2 | removed from the register. | ||||||
3 | (d) Notice, examination, and testing components. Notice of | ||||||
4 | the time, place, general scope, merit criteria for any | ||||||
5 | subjective component, and fee of every examination shall be | ||||||
6 | given by the commission, by a publication at least 2 weeks | ||||||
7 | preceding the examination: (i) in one or more newspapers | ||||||
8 | published in the municipality, or if no newspaper is published | ||||||
9 | therein, then in one or more newspapers with a general | ||||||
10 | circulation within the municipality, or (ii) on the | ||||||
11 | municipality's Internet website. Additional notice of the | ||||||
12 | examination may be given as the commission shall prescribe. | ||||||
13 | The examination and qualifying standards for employment of | ||||||
14 | firefighters shall be based on: mental aptitude, physical | ||||||
15 | ability, preferences, moral character, and health. The mental | ||||||
16 | aptitude, physical ability, and preference components shall | ||||||
17 | determine an applicant's qualification for and placement on the | ||||||
18 | final register of eligibles. The examination may also include a | ||||||
19 | subjective component based on merit criteria as determined by | ||||||
20 | the commission. Scores from the examination must be made | ||||||
21 | available to the public. | ||||||
22 | (e) Mental aptitude. No person who does not possess at | ||||||
23 | least a high school diploma or an equivalent high school | ||||||
24 | education shall be placed on a register of eligibles. | ||||||
25 | Examination of an applicant's mental aptitude shall be based | ||||||
26 | upon a written examination. The examination shall be practical |
| |||||||
| |||||||
1 | in character and relate to those matters that fairly test the | ||||||
2 | capacity of the persons examined to discharge the duties | ||||||
3 | performed by members of a fire department. Written examinations | ||||||
4 | shall be administered in a manner that ensures the security and | ||||||
5 | accuracy of the scores achieved. | ||||||
6 | (f) Physical ability. All candidates shall be required to | ||||||
7 | undergo an examination of their physical ability to perform the | ||||||
8 | essential functions included in the duties they may be called | ||||||
9 | upon to perform as a member of a fire department. For the | ||||||
10 | purposes of this Section, essential functions of the job are | ||||||
11 | functions associated with duties that a firefighter may be | ||||||
12 | called upon to perform in response to emergency calls. The | ||||||
13 | frequency of the occurrence of those duties as part of the fire | ||||||
14 | department's regular routine shall not be a controlling factor | ||||||
15 | in the design of examination criteria or evolutions selected | ||||||
16 | for testing. These physical examinations shall be open, | ||||||
17 | competitive, and based on industry standards designed to test | ||||||
18 | each applicant's physical abilities in the following | ||||||
19 | dimensions: | ||||||
20 | (1) Muscular strength to perform tasks and evolutions | ||||||
21 | that may be required in the performance of duties including | ||||||
22 | grip strength, leg strength, and arm strength. Tests shall | ||||||
23 | be conducted under anaerobic as well as aerobic conditions | ||||||
24 | to test both the candidate's speed and endurance in | ||||||
25 | performing tasks and evolutions. Tasks tested may be based | ||||||
26 | on standards developed, or approved, by the local |
| |||||||
| |||||||
1 | appointing authority. | ||||||
2 | (2) The ability to climb ladders, operate from heights, | ||||||
3 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
4 | and operate in proximity to hazardous environments. | ||||||
5 | (3) The ability to carry out critical, time-sensitive, | ||||||
6 | and complex problem solving during physical exertion in | ||||||
7 | stressful and hazardous environments. The testing | ||||||
8 | environment may be hot and dark with tightly enclosed | ||||||
9 | spaces, flashing lights, sirens, and other distractions. | ||||||
10 | The tests utilized to measure each applicant's
| ||||||
11 | capabilities in each of these dimensions may be tests based on
| ||||||
12 | industry standards currently in use or equivalent tests | ||||||
13 | approved by the Joint Labor-Management Committee of the Office | ||||||
14 | of the State Fire Marshal. | ||||||
15 | Physical ability examinations administered under this | ||||||
16 | Section shall be conducted with a reasonable number of proctors | ||||||
17 | and monitors, open to the public, and subject to reasonable | ||||||
18 | regulations of the commission. | ||||||
19 | (g) Scoring of examination components. Appointing | ||||||
20 | authorities may create a preliminary eligibility register. A | ||||||
21 | person shall be placed on the list based upon his or her | ||||||
22 | passage of the written examination or the passage of the | ||||||
23 | written examination and the physical ability component. | ||||||
24 | Passage of the written examination means a score that is at or | ||||||
25 | above the median score for all applicants participating in the | ||||||
26 | written test. The appointing authority may conduct the physical |
| |||||||
| |||||||
1 | ability component and any subjective components subsequent to | ||||||
2 | the posting of the preliminary eligibility register. | ||||||
3 | The examination components for an initial eligibility | ||||||
4 | register shall be graded on a 100-point scale. A person's | ||||||
5 | position on the list shall be determined by the following: (i)
| ||||||
6 | the person's score on the written examination, (ii) the person
| ||||||
7 | successfully passing the physical ability component, and (iii) | ||||||
8 | the
person's results on any subjective component as described | ||||||
9 | in
subsection (d). | ||||||
10 | In order to qualify for placement on the final eligibility | ||||||
11 | register, an applicant's score on the written examination, | ||||||
12 | before any applicable preference points or subjective points | ||||||
13 | are applied, shall be at or above the median score. The local | ||||||
14 | appointing authority may prescribe the score to qualify for | ||||||
15 | placement on the final eligibility register, but the score | ||||||
16 | shall not be less than the median score. | ||||||
17 | The commission shall prepare and keep a register of persons | ||||||
18 | whose total score is not less than the minimum fixed by this | ||||||
19 | Section and who have passed the physical ability examination. | ||||||
20 | These persons shall take rank upon the register as candidates | ||||||
21 | in the order of their relative excellence based on the highest | ||||||
22 | to the lowest total points scored on the mental aptitude, | ||||||
23 | subjective component, and preference components of the test | ||||||
24 | administered in accordance with this Section. No more than 60 | ||||||
25 | days after each examination, an initial eligibility list shall | ||||||
26 | be posted by the commission. The list shall include the final |
| |||||||
| |||||||
1 | grades of the candidates without reference to priority of the | ||||||
2 | time of examination and subject to claim for preference credit. | ||||||
3 | Commissions may conduct additional examinations, including | ||||||
4 | without limitation a polygraph test, after a final eligibility | ||||||
5 | register is established and before it expires with the | ||||||
6 | candidates ranked by total score without regard to date of | ||||||
7 | examination. No more than 60 days after each examination, an | ||||||
8 | initial eligibility list shall be posted by the commission | ||||||
9 | showing the final grades of the candidates without reference to | ||||||
10 | priority of time of examination and subject to claim for | ||||||
11 | preference credit. | ||||||
12 | (h) Preferences. The following are preferences: | ||||||
13 | (1) Veteran preference. Persons who were engaged in the | ||||||
14 | military service of the United States for a period of at | ||||||
15 | least one year of active duty and who were honorably | ||||||
16 | discharged therefrom, or who are now or have been members | ||||||
17 | on inactive or reserve duty in such military or naval | ||||||
18 | service, shall be preferred for appointment to and | ||||||
19 | employment with the fire department of an affected | ||||||
20 | department. | ||||||
21 | (2) Fire cadet preference. Persons who have | ||||||
22 | successfully completed 2 years of study in fire techniques | ||||||
23 | or cadet training within a cadet program established under | ||||||
24 | the rules of the Joint Labor and Management Committee | ||||||
25 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
26 | Promotion Act, may be preferred for appointment to and |
| |||||||
| |||||||
1 | employment with the fire department. | ||||||
2 | (3) Educational preference. Persons who have | ||||||
3 | successfully obtained an associate's degree in the field of | ||||||
4 | fire service or emergency medical services, or a bachelor's | ||||||
5 | degree from an accredited college or university may be | ||||||
6 | preferred for appointment to and employment with the fire | ||||||
7 | department. | ||||||
8 | (4) Paramedic preference. Persons who have obtained | ||||||
9 | certification as an Emergency Medical Technician-Paramedic | ||||||
10 | (EMT-P) shall be preferred for appointment to and | ||||||
11 | employment with the fire department of an affected | ||||||
12 | department providing emergency medical services. | ||||||
13 | (5) Experience preference. All persons employed by a | ||||||
14 | municipality who have been paid-on-call or part-time | ||||||
15 | certified Firefighter II, State of Illinois or nationally | ||||||
16 | licensed EMT-B or EMT-I, or any combination of those | ||||||
17 | capacities shall be awarded 0.5 point for each year of | ||||||
18 | successful service in one or more of those capacities, up | ||||||
19 | to a maximum of 5 points. Certified Firefighter III and | ||||||
20 | State of Illinois or nationally licensed paramedics shall | ||||||
21 | be awarded one point per year up to a maximum of 5 points. | ||||||
22 | Applicants from outside the municipality who were employed | ||||||
23 | as full-time firefighters or firefighter-paramedics by a | ||||||
24 | fire protection district or another municipality for at | ||||||
25 | least 2 years shall be awarded 5 experience preference | ||||||
26 | points. These additional points presuppose a rating scale |
| |||||||
| |||||||
1 | totaling 100 points available for the eligibility list. If | ||||||
2 | more or fewer points are used in the rating scale for the | ||||||
3 | eligibility list, the points awarded under this subsection | ||||||
4 | shall be increased or decreased by a factor equal to the | ||||||
5 | total possible points available for the examination | ||||||
6 | divided by 100. | ||||||
7 | Upon request by the commission, the governing body of | ||||||
8 | the municipality or in the case of applicants from outside | ||||||
9 | the municipality the governing body of any fire protection | ||||||
10 | district or any other municipality shall certify to the | ||||||
11 | commission, within 10 days after the request, the number of | ||||||
12 | years of successful paid-on-call, part-time, or full-time | ||||||
13 | service of any person. A candidate may not receive the full | ||||||
14 | amount of preference points under this subsection if the | ||||||
15 | amount of points awarded would place the candidate before a | ||||||
16 | veteran on the eligibility list. If more than one candidate | ||||||
17 | receiving experience preference points is prevented from | ||||||
18 | receiving all of their points due to not being allowed to | ||||||
19 | pass a veteran, the candidates shall be placed on the list | ||||||
20 | below the veteran in rank order based on the totals | ||||||
21 | received if all points under this subsection were to be | ||||||
22 | awarded. Any remaining ties on the list shall be determined | ||||||
23 | by lot. | ||||||
24 | (6) Residency preference. Applicants whose principal | ||||||
25 | residence is located within the fire department's | ||||||
26 | jurisdiction shall be preferred for appointment to and |
| |||||||
| |||||||
1 | employment with the fire department. | ||||||
2 | (7) Additional preferences. Up to 5 additional | ||||||
3 | preference points may be awarded for unique categories | ||||||
4 | based on an applicant's experience or background as | ||||||
5 | identified by the commission. | ||||||
6 | (8) Scoring of preferences. The commission shall give | ||||||
7 | preference for original appointment
to persons designated | ||||||
8 | in item (1)
by adding to the final grade that they receive | ||||||
9 | 5 points
for the recognized preference achieved. The | ||||||
10 | commission shall determine the number of preference points | ||||||
11 | for each category except (1). The number of preference | ||||||
12 | points for each category shall range from 0 to 5. In | ||||||
13 | determining the number of preference points, the | ||||||
14 | commission shall prescribe that if a candidate earns the | ||||||
15 | maximum number of preference points in all categories, that | ||||||
16 | number may not be less than 10 nor more than 30. The | ||||||
17 | commission shall give preference for original appointment | ||||||
18 | to persons designated in items (2) through (7) by adding | ||||||
19 | the requisite number of points to the final grade for each | ||||||
20 | recognized preference achieved. The numerical result thus | ||||||
21 | attained shall be applied by the commission in determining | ||||||
22 | the final eligibility list and appointment from the | ||||||
23 | eligibility list. The local appointing authority may | ||||||
24 | prescribe the total number of preference points awarded | ||||||
25 | under this Section, but the total number of preference | ||||||
26 | points shall not be less than 10 points or more than 30 |
| |||||||
| |||||||
1 | points. | ||||||
2 | No person entitled to any preference shall be required to | ||||||
3 | claim the credit before any examination held under the | ||||||
4 | provisions of this Section, but the preference shall be given | ||||||
5 | after the posting or publication of the initial eligibility | ||||||
6 | list or register at the request of a person entitled to a | ||||||
7 | credit before any certification or appointments are made from | ||||||
8 | the eligibility register, upon the furnishing of verifiable | ||||||
9 | evidence and proof of qualifying preference credit. Candidates | ||||||
10 | who are eligible for preference credit shall make a claim in | ||||||
11 | writing within 10 days after the posting of the initial | ||||||
12 | eligibility list, or the claim shall be deemed waived. Final | ||||||
13 | eligibility registers shall be established after the awarding | ||||||
14 | of verified preference points. All employment shall be subject | ||||||
15 | to the commission's initial hire background review including, | ||||||
16 | but not limited to, criminal history, employment history, moral | ||||||
17 | character, oral examination, and medical and psychological | ||||||
18 | examinations, all on a pass-fail basis. The medical and | ||||||
19 | psychological examinations must be conducted last, and may only | ||||||
20 | be performed after a conditional offer of employment has been | ||||||
21 | extended. | ||||||
22 | Any person placed on an eligibility list who exceeds the | ||||||
23 | age requirement before being appointed to a fire department | ||||||
24 | shall remain eligible for appointment until the list is | ||||||
25 | abolished, or his or her name has been on the list for a period | ||||||
26 | of 2 years. No person who has attained the age of 35 years |
| |||||||
| |||||||
1 | shall be inducted into a fire department, except as otherwise | ||||||
2 | provided in this Section. | ||||||
3 | The commission shall strike off the names of candidates for | ||||||
4 | original appointment after the names have been on the list for | ||||||
5 | more than 2 years. | ||||||
6 | (i) Moral character. No person shall be appointed to a fire | ||||||
7 | department unless he or she is a person of good character; not | ||||||
8 | a habitual drunkard, a gambler, or a person who has been | ||||||
9 | convicted of a felony or a crime involving moral turpitude. | ||||||
10 | However, no person shall be disqualified from appointment to | ||||||
11 | the fire department because of the person's record of | ||||||
12 | misdemeanor convictions except those under Sections 11-6, | ||||||
13 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
14 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
15 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
16 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, or arrest for any cause without | ||||||
18 | conviction thereon. Any such person who is in the department | ||||||
19 | may be removed on charges brought for violating this subsection | ||||||
20 | and after a trial as hereinafter provided. | ||||||
21 | A classifiable set of the fingerprints of every person who | ||||||
22 | is offered employment as a certificated member of an affected | ||||||
23 | fire department whether with or without compensation, shall be | ||||||
24 | furnished to the Illinois Department of State Police and to the | ||||||
25 | Federal Bureau of Investigation by the commission. | ||||||
26 | Whenever a commission is authorized or required by law to |
| |||||||
| |||||||
1 | consider some aspect of criminal history record information for | ||||||
2 | the purpose of carrying out its statutory powers and | ||||||
3 | responsibilities, then, upon request and payment of fees in | ||||||
4 | conformance with the requirements of Section 2605-400 of the | ||||||
5 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
6 | the Department of State Police is authorized to furnish, | ||||||
7 | pursuant to positive identification, the information contained | ||||||
8 | in State files as is necessary to fulfill the request. | ||||||
9 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
10 | of public business, to meet extraordinary exigencies, or to | ||||||
11 | prevent material impairment of the fire department, the | ||||||
12 | commission may make temporary appointments, to remain in force | ||||||
13 | only until regular appointments are made under the provisions | ||||||
14 | of this Division, but never to exceed 60 days. No temporary | ||||||
15 | appointment of any one person shall be made more than twice in | ||||||
16 | any calendar year. | ||||||
17 | (k) A person who knowingly divulges or receives test | ||||||
18 | questions or answers before a written examination, or otherwise | ||||||
19 | knowingly violates or subverts any requirement of this Section, | ||||||
20 | commits a violation of this Section and may be subject to | ||||||
21 | charges for official misconduct. | ||||||
22 | A person who is the knowing recipient of test information | ||||||
23 | in advance of the examination shall be disqualified from the | ||||||
24 | examination or discharged from the position to which he or she | ||||||
25 | was appointed, as applicable, and otherwise subjected to | ||||||
26 | disciplinary actions.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | ||||||
2 | Section 210. The Fire Protection District Act is amended by | ||||||
3 | changing Sections 16.06 and 16.06b as follows:
| ||||||
4 | (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
| ||||||
5 | Sec. 16.06. Eligibility for positions in fire department;
| ||||||
6 | disqualifications. | ||||||
7 | (a) All applicants for a position in the fire department of | ||||||
8 | the
fire protection district shall be under 35 years of age and | ||||||
9 | shall be
subjected to examination, which shall be public, | ||||||
10 | competitive, and free to
all applicants, subject to reasonable | ||||||
11 | limitations as to health, habits, and
moral character; provided | ||||||
12 | that the foregoing age limitation shall not apply
in the case | ||||||
13 | of any person having previous employment status as a fireman in | ||||||
14 | a
regularly constituted fire department of any fire protection | ||||||
15 | district, and
further provided that each fireman or fire chief | ||||||
16 | who is a member in
good standing in a regularly constituted | ||||||
17 | fire department of any municipality
which shall be or shall | ||||||
18 | have subsequently been included within the boundaries
of any | ||||||
19 | fire protection district now or hereafter organized shall be | ||||||
20 | given
a preference for original appointment in the same class, | ||||||
21 | grade or employment
over all other applicants. The examinations | ||||||
22 | shall be practical in their
character and shall relate to those | ||||||
23 | matters which will fairly test the persons
examined as to their | ||||||
24 | relative capacity to discharge the duties of the positions
to |
| |||||||
| |||||||
1 | which they seek appointment. The examinations shall include | ||||||
2 | tests of
physical qualifications and health. No applicant, | ||||||
3 | however, shall be examined
concerning his political or | ||||||
4 | religious opinions or affiliations. The
examinations shall be | ||||||
5 | conducted by the board of fire commissioners.
| ||||||
6 | In any fire protection district that employs full-time | ||||||
7 | firefighters and is subject to a collective bargaining | ||||||
8 | agreement, a person who has not qualified for regular | ||||||
9 | appointment under the provisions of this Section shall not be | ||||||
10 | used as a temporary or permanent substitute for certificated | ||||||
11 | members of a fire district's fire department or for regular | ||||||
12 | appointment as a certificated member of a fire district's fire | ||||||
13 | department unless mutually agreed to by the employee's | ||||||
14 | certified bargaining agent. Such agreement shall be considered | ||||||
15 | a permissive subject of bargaining. Fire protection districts | ||||||
16 | covered by the changes made by this amendatory Act of the 95th | ||||||
17 | General Assembly that are using non-certificated employees as | ||||||
18 | substitutes immediately prior to the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
20 | agreement with the certified bargaining agent, continue the | ||||||
21 | existing practice or a modified practice and that agreement | ||||||
22 | shall be considered a permissive subject of bargaining.
| ||||||
23 | (b) No person shall be appointed to the fire department | ||||||
24 | unless he or she is
a person of good character and not a person | ||||||
25 | who has been convicted of a felony
in Illinois or convicted in | ||||||
26 | another jurisdiction for conduct that would be a
felony under |
| |||||||
| |||||||
1 | Illinois law, or convicted of a crime involving moral | ||||||
2 | turpitude.
No person,
however, shall be disqualified from | ||||||
3 | appointment to the fire department because
of his or her record | ||||||
4 | of misdemeanor convictions, except those under Sections
| ||||||
5 | 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, | ||||||
6 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, | ||||||
7 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
| ||||||
8 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
9 | 11-14.3, and subsections (1), (6), and (8) of Section 24-1 of | ||||||
10 | the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||||||
11 | (Source: P.A. 95-490, eff. 6-1-08; 96-1551, eff. 7-1-11 .)
| ||||||
12 | (70 ILCS 705/16.06b) | ||||||
13 | Sec. 16.06b. Original appointments; full-time fire | ||||||
14 | department. | ||||||
15 | (a) Applicability. Unless a commission elects to follow the | ||||||
16 | provisions of Section 16.06c, this Section shall apply to all | ||||||
17 | original appointments to an affected full-time fire | ||||||
18 | department. Existing registers of eligibles shall continue to | ||||||
19 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
20 | years after the effective date of this amendatory Act of the | ||||||
21 | 97th General Assembly. | ||||||
22 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
23 | to the contrary, all original appointments to an affected | ||||||
24 | department to which this Section applies shall be administered | ||||||
25 | in a no less stringent manner than the manner provided for in |
| |||||||
| |||||||
1 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
2 | Protection District Act, fire district ordinances, and rules | ||||||
3 | adopted pursuant to such authority and other laws relating to | ||||||
4 | initial hiring of firefighters in affected departments shall | ||||||
5 | continue to apply to the extent they are compatible with this | ||||||
6 | Section, but in the event of a conflict between this Section | ||||||
7 | and any other law, this Section shall control. | ||||||
8 | A fire protection district that is operating under a court | ||||||
9 | order or consent decree regarding original appointments to a | ||||||
10 | full-time fire department before the effective date of this | ||||||
11 | amendatory Act of the 97th General Assembly is exempt from the | ||||||
12 | requirements of this Section for the duration of the court | ||||||
13 | order or consent decree. | ||||||
14 | (b) Original appointments. All original appointments made | ||||||
15 | to an affected fire department shall be made from a register of | ||||||
16 | eligibles established in accordance with the processes | ||||||
17 | required by this Section. Only persons who meet or exceed the | ||||||
18 | performance standards required by the Section shall be placed | ||||||
19 | on a register of eligibles for original appointment to an | ||||||
20 | affected fire department. | ||||||
21 | Whenever an appointing authority authorizes action to hire | ||||||
22 | a person to perform the duties of a firefighter or to hire a | ||||||
23 | firefighter-paramedic to fill a position that is a new position | ||||||
24 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
25 | granting of a disability or retirement pension, or any other | ||||||
26 | cause, the appointing authority shall appoint to that position |
| |||||||
| |||||||
1 | the person with the highest ranking on the final eligibility | ||||||
2 | list. If the appointing authority has reason to conclude that | ||||||
3 | the highest ranked person fails to meet the minimum standards | ||||||
4 | for the position or if the appointing authority believes an | ||||||
5 | alternate candidate would better serve the needs of the | ||||||
6 | department, then the appointing authority has the right to pass | ||||||
7 | over the highest ranked person and appoint either: (i) any | ||||||
8 | person who has a ranking in the top 5% of the register of | ||||||
9 | eligibles or (ii) any person who is among the top 5 highest | ||||||
10 | ranked persons on the list of eligibles if the number of people | ||||||
11 | who have a ranking in the top 5% of the register of eligibles | ||||||
12 | is less than 5 people. | ||||||
13 | Any candidate may pass on an appointment once without | ||||||
14 | losing his or her position on the register of eligibles. Any | ||||||
15 | candidate who passes a second time may be removed from the list | ||||||
16 | by the appointing authority provided that such action shall not | ||||||
17 | prejudice a person's opportunities to participate in future | ||||||
18 | examinations, including an examination held during the time a | ||||||
19 | candidate is already on the fire district's register of | ||||||
20 | eligibles. | ||||||
21 | The sole authority to issue certificates of appointment | ||||||
22 | shall be vested in the board of fire commissioners, or board of | ||||||
23 | trustees serving in the capacity of a board of fire | ||||||
24 | commissioners. All certificates of appointment issued to any | ||||||
25 | officer or member of an affected department shall be signed by | ||||||
26 | the chairperson and secretary, respectively, of the commission |
| |||||||
| |||||||
1 | upon appointment of such officer or member to the affected | ||||||
2 | department by action of the commission. Each person who accepts | ||||||
3 | a certificate of appointment and successfully completes his or | ||||||
4 | her probationary period shall be enrolled as a firefighter and | ||||||
5 | as a regular member of the fire department. | ||||||
6 | For the purposes of this Section, "firefighter" means any | ||||||
7 | person who has been prior to, on, or after the effective date | ||||||
8 | of this amendatory Act of the 97th General Assembly appointed | ||||||
9 | to a fire department or fire protection district or employed by | ||||||
10 | a State university and sworn or commissioned to perform | ||||||
11 | firefighter duties or paramedic duties, or both, except that | ||||||
12 | the following persons are not included: part-time | ||||||
13 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
14 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
15 | other civilian employees of a fire department or fire | ||||||
16 | protection district who are not routinely expected to perform | ||||||
17 | firefighter duties; and elected officials. | ||||||
18 | (c) Qualification for placement on register of eligibles. | ||||||
19 | The purpose of establishing a register of eligibles is to | ||||||
20 | identify applicants who possess and demonstrate the mental | ||||||
21 | aptitude and physical ability to perform the duties required of | ||||||
22 | members of the fire department in order to provide the highest | ||||||
23 | quality of service to the public. To this end, all applicants | ||||||
24 | for original appointment to an affected fire department shall | ||||||
25 | be subject to examination and testing which shall be public, | ||||||
26 | competitive, and open to all applicants unless the district |
| |||||||
| |||||||
1 | shall by ordinance limit applicants to residents of the | ||||||
2 | district, county or counties in which the district is located, | ||||||
3 | State, or nation. Districts may establish educational, | ||||||
4 | emergency medical service licensure, and other pre-requisites | ||||||
5 | for participation in an examination or for hire as a | ||||||
6 | firefighter. Any fire protection district may charge a fee to | ||||||
7 | cover the costs of the application process. | ||||||
8 | Residency requirements in effect at the time an individual | ||||||
9 | enters the fire service of a district cannot be made more | ||||||
10 | restrictive for that individual during his or her period of | ||||||
11 | service for that district, or be made a condition of promotion, | ||||||
12 | except for the rank or position of fire chief and for no more | ||||||
13 | than 2 positions that rank immediately below that of the chief | ||||||
14 | rank which are appointed positions pursuant to the Fire | ||||||
15 | Department Promotion Act. | ||||||
16 | No person who is 35 years of age or older shall be eligible | ||||||
17 | to take an examination for a position as a firefighter unless | ||||||
18 | the person has had previous employment status as a firefighter | ||||||
19 | in the regularly constituted fire department of the district, | ||||||
20 | except as provided in this Section. The age limitation does not | ||||||
21 | apply to: | ||||||
22 | (1) any person previously employed as a full-time | ||||||
23 | firefighter in a regularly constituted fire department of | ||||||
24 | (i) any municipality or fire protection district located in | ||||||
25 | Illinois, (ii) a fire protection district whose | ||||||
26 | obligations were assumed by a municipality under Section 21 |
| |||||||
| |||||||
1 | of the Fire Protection District Act, or (iii) a | ||||||
2 | municipality whose obligations were taken over by a fire | ||||||
3 | protection district, or | ||||||
4 | (2) any person who has served a fire district as a | ||||||
5 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
6 | firefighter for the 5 years immediately preceding the time | ||||||
7 | that the district begins to use full-time firefighters to | ||||||
8 | provide all or part of its fire protection service. | ||||||
9 | No person who is under 21 years of age shall be eligible | ||||||
10 | for employment as a firefighter. | ||||||
11 | No applicant shall be examined concerning his or her | ||||||
12 | political or religious opinions or affiliations. The | ||||||
13 | examinations shall be conducted by the commissioners of the | ||||||
14 | district or their designees and agents. | ||||||
15 | No district shall require that any firefighter appointed to | ||||||
16 | the lowest rank serve a probationary employment period of | ||||||
17 | longer than one year of actual active employment, which may | ||||||
18 | exclude periods of training, or injury or illness leaves, | ||||||
19 | including duty related leave, in excess of 30 calendar days. | ||||||
20 | Notwithstanding anything to the contrary in this Section, the | ||||||
21 | probationary employment period limitation may be extended for a | ||||||
22 | firefighter who is required, as a condition of employment, to | ||||||
23 | be a certified paramedic, during which time the sole reason | ||||||
24 | that a firefighter may be discharged without a hearing is for | ||||||
25 | failing to meet the requirements for paramedic certification. | ||||||
26 | In the event that any applicant who has been found eligible |
| |||||||
| |||||||
1 | for appointment and whose name has been placed upon the final | ||||||
2 | eligibility register provided for in this Section has not been | ||||||
3 | appointed to a firefighter position within one year after the | ||||||
4 | date of his or her physical ability examination, the commission | ||||||
5 | may cause a second examination to be made of that applicant's | ||||||
6 | physical ability prior to his or her appointment. If, after the | ||||||
7 | second examination, the physical ability of the applicant shall | ||||||
8 | be found to be less than the minimum standard fixed by the | ||||||
9 | rules of the commission, the applicant shall not be appointed. | ||||||
10 | The applicant's name may be retained upon the register of | ||||||
11 | candidates eligible for appointment and when next reached for | ||||||
12 | certification and appointment that applicant may be again | ||||||
13 | examined as provided in this Section, and if the physical | ||||||
14 | ability of that applicant is found to be less than the minimum | ||||||
15 | standard fixed by the rules of the commission, the applicant | ||||||
16 | shall not be appointed, and the name of the applicant shall be | ||||||
17 | removed from the register. | ||||||
18 | (d) Notice, examination, and testing components. Notice of | ||||||
19 | the time, place, general scope, merit criteria for any | ||||||
20 | subjective component, and fee of every examination shall be | ||||||
21 | given by the commission, by a publication at least 2 weeks | ||||||
22 | preceding the examination: (i) in one or more newspapers | ||||||
23 | published in the district, or if no newspaper is published | ||||||
24 | therein, then in one or more newspapers with a general | ||||||
25 | circulation within the district, or (ii) on the fire protection | ||||||
26 | district's Internet website. Additional notice of the |
| |||||||
| |||||||
1 | examination may be given as the commission shall prescribe. | ||||||
2 | The examination and qualifying standards for employment of | ||||||
3 | firefighters shall be based on: mental aptitude, physical | ||||||
4 | ability, preferences, moral character, and health. The mental | ||||||
5 | aptitude, physical ability, and preference components shall | ||||||
6 | determine an applicant's qualification for and placement on the | ||||||
7 | final register of eligibles. The examination may also include a | ||||||
8 | subjective component based on merit criteria as determined by | ||||||
9 | the commission. Scores from the examination must be made | ||||||
10 | available to the public. | ||||||
11 | (e) Mental aptitude. No person who does not possess at | ||||||
12 | least a high school diploma or an equivalent high school | ||||||
13 | education shall be placed on a register of eligibles. | ||||||
14 | Examination of an applicant's mental aptitude shall be based | ||||||
15 | upon a written examination. The examination shall be practical | ||||||
16 | in character and relate to those matters that fairly test the | ||||||
17 | capacity of the persons examined to discharge the duties | ||||||
18 | performed by members of a fire department. Written examinations | ||||||
19 | shall be administered in a manner that ensures the security and | ||||||
20 | accuracy of the scores achieved. | ||||||
21 | (f) Physical ability. All candidates shall be required to | ||||||
22 | undergo an examination of their physical ability to perform the | ||||||
23 | essential functions included in the duties they may be called | ||||||
24 | upon to perform as a member of a fire department. For the | ||||||
25 | purposes of this Section, essential functions of the job are | ||||||
26 | functions associated with duties that a firefighter may be |
| |||||||
| |||||||
1 | called upon to perform in response to emergency calls. The | ||||||
2 | frequency of the occurrence of those duties as part of the fire | ||||||
3 | department's regular routine shall not be a controlling factor | ||||||
4 | in the design of examination criteria or evolutions selected | ||||||
5 | for testing. These physical examinations shall be open, | ||||||
6 | competitive, and based on industry standards designed to test | ||||||
7 | each applicant's physical abilities in the following | ||||||
8 | dimensions: | ||||||
9 | (1) Muscular strength to perform tasks and evolutions | ||||||
10 | that may be required in the performance of duties including | ||||||
11 | grip strength, leg strength, and arm strength. Tests shall | ||||||
12 | be conducted under anaerobic as well as aerobic conditions | ||||||
13 | to test both the candidate's speed and endurance in | ||||||
14 | performing tasks and evolutions. Tasks tested may be based | ||||||
15 | on standards developed, or approved, by the local | ||||||
16 | appointing authority. | ||||||
17 | (2) The ability to climb ladders, operate from heights, | ||||||
18 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
19 | and operate in proximity to hazardous environments. | ||||||
20 | (3) The ability to carry out critical, time-sensitive, | ||||||
21 | and complex problem solving during physical exertion in | ||||||
22 | stressful and hazardous environments. The testing | ||||||
23 | environment may be hot and dark with tightly enclosed | ||||||
24 | spaces, flashing lights, sirens, and other distractions. | ||||||
25 | The tests utilized to measure each applicant's
| ||||||
26 | capabilities in each of these dimensions may be tests based on
|
| |||||||
| |||||||
1 | industry standards currently in use or equivalent tests | ||||||
2 | approved by the Joint Labor-Management Committee of the Office | ||||||
3 | of the State Fire Marshal. | ||||||
4 | Physical ability examinations administered under this | ||||||
5 | Section shall be conducted with a reasonable number of proctors | ||||||
6 | and monitors, open to the public, and subject to reasonable | ||||||
7 | regulations of the commission. | ||||||
8 | (g) Scoring of examination components. Appointing | ||||||
9 | authorities may create a preliminary eligibility register. A | ||||||
10 | person shall be placed on the list based upon his or her | ||||||
11 | passage of the written examination or the passage of the | ||||||
12 | written examination and the physical ability component. | ||||||
13 | Passage of the written examination means a score that is at or | ||||||
14 | above the median score for all applicants participating in the | ||||||
15 | written test. The appointing authority may conduct the physical | ||||||
16 | ability component and any subjective components subsequent to | ||||||
17 | the posting of the preliminary eligibility register. | ||||||
18 | The examination components for an initial eligibility | ||||||
19 | register shall be graded on a 100-point scale. A person's | ||||||
20 | position on the list shall be determined by the following: (i)
| ||||||
21 | the person's score on the written examination, (ii) the person
| ||||||
22 | successfully passing the physical ability component, and (iii) | ||||||
23 | the
person's results on any subjective component as described | ||||||
24 | in
subsection (d). | ||||||
25 | In order to qualify for placement on the final eligibility | ||||||
26 | register, an applicant's score on the written examination, |
| |||||||
| |||||||
1 | before any applicable preference points or subjective points | ||||||
2 | are applied, shall be at or above the median score. The local | ||||||
3 | appointing authority may prescribe the score to qualify for | ||||||
4 | placement on the final eligibility register, but the score | ||||||
5 | shall not be less than the median score. | ||||||
6 | The commission shall prepare and keep a register of persons | ||||||
7 | whose total score is not less than the minimum fixed by this | ||||||
8 | Section and who have passed the physical ability examination. | ||||||
9 | These persons shall take rank upon the register as candidates | ||||||
10 | in the order of their relative excellence based on the highest | ||||||
11 | to the lowest total points scored on the mental aptitude, | ||||||
12 | subjective component, and preference components of the test | ||||||
13 | administered in accordance with this Section. No more than 60 | ||||||
14 | days after each examination, an initial eligibility list shall | ||||||
15 | be posted by the commission. The list shall include the final | ||||||
16 | grades of the candidates without reference to priority of the | ||||||
17 | time of examination and subject to claim for preference credit. | ||||||
18 | Commissions may conduct additional examinations, including | ||||||
19 | without limitation a polygraph test, after a final eligibility | ||||||
20 | register is established and before it expires with the | ||||||
21 | candidates ranked by total score without regard to date of | ||||||
22 | examination. No more than 60 days after each examination, an | ||||||
23 | initial eligibility list shall be posted by the commission | ||||||
24 | showing the final grades of the candidates without reference to | ||||||
25 | priority of time of examination and subject to claim for | ||||||
26 | preference credit. |
| |||||||
| |||||||
1 | (h) Preferences. The following are preferences: | ||||||
2 | (1) Veteran preference. Persons who were engaged in the | ||||||
3 | military service of the United States for a period of at | ||||||
4 | least one year of active duty and who were honorably | ||||||
5 | discharged therefrom, or who are now or have been members | ||||||
6 | on inactive or reserve duty in such military or naval | ||||||
7 | service, shall be preferred for appointment to and | ||||||
8 | employment with the fire department of an affected | ||||||
9 | department. | ||||||
10 | (2) Fire cadet preference. Persons who have | ||||||
11 | successfully completed 2 years of study in fire techniques | ||||||
12 | or cadet training within a cadet program established under | ||||||
13 | the rules of the Joint Labor and Management Committee | ||||||
14 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
15 | Promotion Act, may be preferred for appointment to and | ||||||
16 | employment with the fire department. | ||||||
17 | (3) Educational preference. Persons who have | ||||||
18 | successfully obtained an associate's degree in the field of | ||||||
19 | fire service or emergency medical services, or a bachelor's | ||||||
20 | degree from an accredited college or university may be | ||||||
21 | preferred for appointment to and employment with the fire | ||||||
22 | department. | ||||||
23 | (4) Paramedic preference. Persons who have obtained | ||||||
24 | certification as an Emergency Medical Technician-Paramedic | ||||||
25 | (EMT-P) may be preferred for appointment to and employment | ||||||
26 | with the fire department of an affected department |
| |||||||
| |||||||
1 | providing emergency medical services. | ||||||
2 | (5) Experience preference. All persons employed by a | ||||||
3 | district who have been paid-on-call or part-time certified | ||||||
4 | Firefighter II, certified Firefighter III, State of | ||||||
5 | Illinois or nationally licensed EMT-B or EMT-I, licensed | ||||||
6 | paramedic, or any combination of those capacities may be | ||||||
7 | awarded up to a maximum of 5 points. However, the applicant | ||||||
8 | may not be awarded more than 0.5 points for each complete | ||||||
9 | year of paid-on-call or part-time service. Applicants from | ||||||
10 | outside the district who were employed as full-time | ||||||
11 | firefighters or firefighter-paramedics by a fire | ||||||
12 | protection district or municipality for at least 2 years | ||||||
13 | may be awarded up to 5 experience preference points. | ||||||
14 | However, the applicant may not be awarded more than one | ||||||
15 | point for each complete year of full-time service. | ||||||
16 | Upon request by the commission, the governing body of | ||||||
17 | the district or in the case of applicants from outside the | ||||||
18 | district the governing body of any other fire protection | ||||||
19 | district or any municipality shall certify to the | ||||||
20 | commission, within 10 days after the request, the number of | ||||||
21 | years of successful paid-on-call, part-time, or full-time | ||||||
22 | service of any person. A candidate may not receive the full | ||||||
23 | amount of preference points under this subsection if the | ||||||
24 | amount of points awarded would place the candidate before a | ||||||
25 | veteran on the eligibility list. If more than one candidate | ||||||
26 | receiving experience preference points is prevented from |
| |||||||
| |||||||
1 | receiving all of their points due to not being allowed to | ||||||
2 | pass a veteran, the candidates shall be placed on the list | ||||||
3 | below the veteran in rank order based on the totals | ||||||
4 | received if all points under this subsection were to be | ||||||
5 | awarded. Any remaining ties on the list shall be determined | ||||||
6 | by lot. | ||||||
7 | (6) Residency preference. Applicants whose principal | ||||||
8 | residence is located within the fire department's | ||||||
9 | jurisdiction may be preferred for appointment to and | ||||||
10 | employment with the fire department. | ||||||
11 | (7) Additional preferences. Up to 5 additional | ||||||
12 | preference points may be awarded for unique categories | ||||||
13 | based on an applicant's experience or background as | ||||||
14 | identified by the commission. | ||||||
15 | (8) Scoring of preferences. The
commission shall give | ||||||
16 | preference for original appointment
to persons designated | ||||||
17 | in item (1)
by adding to the final grade that they receive | ||||||
18 | 5 points
for the recognized preference achieved. The | ||||||
19 | commission shall determine the number of preference points | ||||||
20 | for each category except (1). The number of preference | ||||||
21 | points for each category shall range from 0 to 5. In | ||||||
22 | determining the number of preference points, the | ||||||
23 | commission shall prescribe that if a candidate earns the | ||||||
24 | maximum number of preference points in all categories, that | ||||||
25 | number may not be less than 10 nor more than 30. The | ||||||
26 | commission shall give preference for original appointment |
| |||||||
| |||||||
1 | to persons designated in items (2) through (7) by adding | ||||||
2 | the requisite number of points to the final grade for each | ||||||
3 | recognized preference achieved. The numerical result thus | ||||||
4 | attained shall be applied by the commission in determining | ||||||
5 | the final eligibility list and appointment from the | ||||||
6 | eligibility list. The local appointing authority may | ||||||
7 | prescribe the total number of preference points awarded | ||||||
8 | under this Section, but the total number of preference | ||||||
9 | points shall not be less than 10 points or more than 30 | ||||||
10 | points. | ||||||
11 | No person entitled to any preference shall be required to | ||||||
12 | claim the credit before any examination held under the | ||||||
13 | provisions of this Section, but the preference shall be given | ||||||
14 | after the posting or publication of the initial eligibility | ||||||
15 | list or register at the request of a person entitled to a | ||||||
16 | credit before any certification or appointments are made from | ||||||
17 | the eligibility register, upon the furnishing of verifiable | ||||||
18 | evidence and proof of qualifying preference credit. Candidates | ||||||
19 | who are eligible for preference credit shall make a claim in | ||||||
20 | writing within 10 days after the posting of the initial | ||||||
21 | eligibility list, or the claim shall be deemed waived. Final | ||||||
22 | eligibility registers shall be established after the awarding | ||||||
23 | of verified preference points. All employment shall be subject | ||||||
24 | to the commission's initial hire background review including, | ||||||
25 | but not limited to, criminal history, employment history, moral | ||||||
26 | character, oral examination, and medical and psychological |
| |||||||
| |||||||
1 | examinations, all on a pass-fail basis. The medical and | ||||||
2 | psychological examinations must be conducted last, and may only | ||||||
3 | be performed after a conditional offer of employment has been | ||||||
4 | extended. | ||||||
5 | Any person placed on an eligibility list who exceeds the | ||||||
6 | age requirement before being appointed to a fire department | ||||||
7 | shall remain eligible for appointment until the list is | ||||||
8 | abolished, or his or her name has been on the list for a period | ||||||
9 | of 2 years. No person who has attained the age of 35 years | ||||||
10 | shall be inducted into a fire department, except as otherwise | ||||||
11 | provided in this Section. | ||||||
12 | The commission shall strike off the names of candidates for | ||||||
13 | original appointment after the names have been on the list for | ||||||
14 | more than 2 years. | ||||||
15 | (i) Moral character. No person shall be appointed to a fire | ||||||
16 | department unless he or she is a person of good character; not | ||||||
17 | a habitual drunkard, a gambler, or a person who has been | ||||||
18 | convicted of a felony or a crime involving moral turpitude. | ||||||
19 | However, no person shall be disqualified from appointment to | ||||||
20 | the fire department because of the person's record of | ||||||
21 | misdemeanor convictions except those under Sections 11-6, | ||||||
22 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
23 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
24 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
25 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, or arrest for any cause without |
| |||||||
| |||||||
1 | conviction thereon. Any such person who is in the department | ||||||
2 | may be removed on charges brought for violating this subsection | ||||||
3 | and after a trial as hereinafter provided. | ||||||
4 | A classifiable set of the fingerprints of every person who | ||||||
5 | is offered employment as a certificated member of an affected | ||||||
6 | fire department whether with or without compensation, shall be | ||||||
7 | furnished to the Illinois Department of State Police and to the | ||||||
8 | Federal Bureau of Investigation by the commission. | ||||||
9 | Whenever a commission is authorized or required by law to | ||||||
10 | consider some aspect of criminal history record information for | ||||||
11 | the purpose of carrying out its statutory powers and | ||||||
12 | responsibilities, then, upon request and payment of fees in | ||||||
13 | conformance with the requirements of Section 2605-400 of the | ||||||
14 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
15 | the Department of State Police is authorized to furnish, | ||||||
16 | pursuant to positive identification, the information contained | ||||||
17 | in State files as is necessary to fulfill the request. | ||||||
18 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
19 | of public business, to meet extraordinary exigencies, or to | ||||||
20 | prevent material impairment of the fire department, the | ||||||
21 | commission may make temporary appointments, to remain in force | ||||||
22 | only until regular appointments are made under the provisions | ||||||
23 | of this Section, but never to exceed 60 days. No temporary | ||||||
24 | appointment of any one person shall be made more than twice in | ||||||
25 | any calendar year. | ||||||
26 | (k) A person who knowingly divulges or receives test |
| |||||||
| |||||||
1 | questions or answers before a written examination, or otherwise | ||||||
2 | knowingly violates or subverts any requirement of this Section, | ||||||
3 | commits a violation of this Section and may be subject to | ||||||
4 | charges for official misconduct. | ||||||
5 | A person who is the knowing recipient of test information | ||||||
6 | in advance of the examination shall be disqualified from the | ||||||
7 | examination or discharged from the position to which he or she | ||||||
8 | was appointed, as applicable, and otherwise subjected to | ||||||
9 | disciplinary actions.
| ||||||
10 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | ||||||
11 | Section 215. The Park District Code is amended by changing | ||||||
12 | Section 8-23 as follows:
| ||||||
13 | (70 ILCS 1205/8-23)
| ||||||
14 | Sec. 8-23. Criminal background investigations.
| ||||||
15 | (a) An applicant for employment with a park district is | ||||||
16 | required as
a condition of employment to authorize an | ||||||
17 | investigation to determine if
the applicant has been convicted | ||||||
18 | of, or adjudicated a delinquent minor for, any of the | ||||||
19 | enumerated criminal or drug
offenses in subsection (c) of this | ||||||
20 | Section or has been
convicted, within 7 years of the | ||||||
21 | application for employment with the
park district, of any other | ||||||
22 | felony under the laws of this State or of any
offense committed | ||||||
23 | or attempted in any other state or against the laws of
the | ||||||
24 | United States that, if committed or attempted in this State, |
| |||||||
| |||||||
1 | would
have been punishable as a felony under the laws of this | ||||||
2 | State. Authorization
for the
investigation shall be furnished | ||||||
3 | by the applicant to the park district.
Upon receipt of this | ||||||
4 | authorization, the park district shall submit the
applicant's | ||||||
5 | name, sex, race, date of birth, and social security number to
| ||||||
6 | the Department of State Police on forms prescribed by the | ||||||
7 | Department of
State Police. The Department of State Police | ||||||
8 | shall conduct a search of the
Illinois criminal history records | ||||||
9 | database to ascertain if the applicant being considered for
| ||||||
10 | employment has been convicted of, or adjudicated a delinquent | ||||||
11 | minor for, committing or attempting to commit any of
the | ||||||
12 | enumerated criminal or drug
offenses
in subsection (c) of this | ||||||
13 | Section or
has been convicted of committing or attempting to | ||||||
14 | commit, within 7 years of
the application for employment with
| ||||||
15 | the
park district, any other felony under the laws of this | ||||||
16 | State. The
Department
of
State Police shall charge the park | ||||||
17 | district a fee for conducting the
investigation, which fee | ||||||
18 | shall be deposited in the State Police Services
Fund and shall | ||||||
19 | not exceed the cost of the inquiry. The applicant shall
not be | ||||||
20 | charged a fee by the park district for the investigation.
| ||||||
21 | (b) If the search of the Illinois criminal history record | ||||||
22 | database
indicates that the applicant has been convicted of, or | ||||||
23 | adjudicated a delinquent minor for, committing or attempting to
| ||||||
24 | commit any of the enumerated criminal or drug offenses in | ||||||
25 | subsection (c) or has
been convicted of committing or | ||||||
26 | attempting to commit, within 7 years of the
application for |
| |||||||
| |||||||
1 | employment with the park district, any other felony under the
| ||||||
2 | laws of this State, the Department of State Police and the | ||||||
3 | Federal Bureau
of
Investigation shall furnish, pursuant to
a | ||||||
4 | fingerprint based background check, records
of convictions or | ||||||
5 | adjudications as a delinquent minor, until expunged, to the
| ||||||
6 | president of the park district. Any information concerning the | ||||||
7 | record of
convictions or adjudications as a delinquent minor | ||||||
8 | obtained by the president shall be confidential and may only
be | ||||||
9 | transmitted to those persons who are necessary to the decision | ||||||
10 | on whether to
hire the
applicant for employment. A copy of the | ||||||
11 | record of convictions or adjudications as a delinquent minor | ||||||
12 | obtained
from the Department of State Police shall be provided | ||||||
13 | to the applicant for
employment. Any person who releases any | ||||||
14 | confidential information
concerning any criminal convictions | ||||||
15 | or adjudications as a delinquent minor of an applicant for | ||||||
16 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
17 | release of such
information is authorized by this Section.
| ||||||
18 | (c) No park district shall knowingly employ a person who | ||||||
19 | has been
convicted, or adjudicated a delinquent minor, for | ||||||
20 | committing attempted first degree murder or
for committing
or | ||||||
21 | attempting to commit first degree murder, a Class X felony, or | ||||||
22 | any
one or more of the following offenses: (i) those defined in | ||||||
23 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| ||||||
24 | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
25 | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | ||||||
26 | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, |
| |||||||
| |||||||
1 | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 ; (ii) those defined in the Cannabis | ||||||
3 | Control Act,
except those defined in Sections 4(a), 4(b), and | ||||||
4 | 5(a) of that Act; (iii) those
defined in the Illinois | ||||||
5 | Controlled Substances Act; (iv) those defined in the | ||||||
6 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
7 | any offense
committed or attempted in any other state or | ||||||
8 | against the laws of the
United States, which, if committed or | ||||||
9 | attempted in this State, would have
been punishable as one or | ||||||
10 | more of the foregoing offenses. Further, no
park district shall | ||||||
11 | knowingly employ a person who has been found to be
the | ||||||
12 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
13 | years
of age pursuant to proceedings under Article II of the | ||||||
14 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
15 | employ a person for whom a
criminal background investigation | ||||||
16 | has not been initiated.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
| ||||||
18 | Section 220. The Chicago Park District Act is amended by | ||||||
19 | changing Sections 16a-5 and 26.3 as follows:
| ||||||
20 | (70 ILCS 1505/16a-5)
| ||||||
21 | Sec. 16a-5. Criminal background investigations.
| ||||||
22 | (a) An applicant for employment with the Chicago Park | ||||||
23 | District is
required as a condition of employment to authorize | ||||||
24 | an investigation to
determine if the applicant has been |
| |||||||
| |||||||
1 | convicted of, or adjudicated a delinquent minor for, any of the | ||||||
2 | enumerated criminal
or drug
offenses in subsection (c) of this | ||||||
3 | Section
or has been convicted, within 7 years of the | ||||||
4 | application for employment with
the Chicago Park District, of | ||||||
5 | any other felony under the laws of this State or
of any
offense | ||||||
6 | committed or attempted in any other state or against the laws | ||||||
7 | of
the United States that, if committed or attempted in this | ||||||
8 | State, would
have been punishable as a felony under the laws of | ||||||
9 | this State. Authorization
for the investigation shall be | ||||||
10 | furnished by the applicant to the Chicago
Park District. Upon | ||||||
11 | receipt of this authorization, the Chicago Park
District shall | ||||||
12 | submit the applicant's name, sex, race, date of birth, and
| ||||||
13 | social security number to the Department of State Police on | ||||||
14 | forms
prescribed by the Department of State Police. The | ||||||
15 | Department of State
Police shall conduct a search of the | ||||||
16 | Illinois criminal history record
information database to | ||||||
17 | ascertain if the applicant being
considered for employment has | ||||||
18 | been convicted of, or adjudicated a delinquent minor for, | ||||||
19 | committing or attempting to
commit any of the enumerated | ||||||
20 | criminal
or drug
offenses in subsection (c) of this Section or | ||||||
21 | has been
convicted, of committing or attempting to commit | ||||||
22 | within 7 years of the
application for employment with the
| ||||||
23 | Chicago Park District, any other felony under the laws of this | ||||||
24 | State. The
Department of State Police shall charge the Chicago | ||||||
25 | Park District a fee
for conducting the investigation, which fee | ||||||
26 | shall be deposited in the State
Police Services Fund and shall |
| |||||||
| |||||||
1 | not exceed the cost of the inquiry. The
applicant shall not be | ||||||
2 | charged a fee by the Chicago Park District for the
| ||||||
3 | investigation.
| ||||||
4 | (b) If the search of the Illinois criminal history record | ||||||
5 | database
indicates that the applicant has been convicted of, or | ||||||
6 | adjudicated a delinquent minor for, committing or attempting to
| ||||||
7 | commit any of the enumerated criminal or drug offenses in | ||||||
8 | subsection (c) or has
been convicted of committing or | ||||||
9 | attempting to commit, within 7 years of the
application for | ||||||
10 | employment with the Chicago Park District, any other felony
| ||||||
11 | under the laws of this State, the Department of State Police | ||||||
12 | and the
Federal Bureau of
Investigation shall furnish, pursuant | ||||||
13 | to
a fingerprint based background check, records
of convictions | ||||||
14 | or adjudications as a delinquent minor, until expunged, to the
| ||||||
15 | General Superintendent and Chief Executive Officer of the | ||||||
16 | Chicago Park
District. Any information concerning the
record of | ||||||
17 | convictions or adjudications as a delinquent minor obtained by | ||||||
18 | the General Superintendent and Chief
Executive Officer shall be | ||||||
19 | confidential and
may only be transmitted to those persons who | ||||||
20 | are necessary to the decision on
whether to hire the applicant | ||||||
21 | for employment. A copy of the record of
convictions or | ||||||
22 | adjudications as a delinquent minor
obtained from the | ||||||
23 | Department of State Police shall be provided to the
applicant | ||||||
24 | for employment. Any person who releases any confidential
| ||||||
25 | information concerning any criminal convictions or | ||||||
26 | adjudications as a delinquent minor of an applicant for
|
| |||||||
| |||||||
1 | employment shall be guilty of a Class A misdemeanor, unless the | ||||||
2 | release
of such information is authorized by this Section.
| ||||||
3 | (c) The Chicago Park District may not knowingly employ a | ||||||
4 | person
who has been convicted, or adjudicated a delinquent | ||||||
5 | minor, for committing attempted first degree murder
or for | ||||||
6 | committing or attempting to commit first degree murder, a Class | ||||||
7 | X felony,
or
any one or more of the following offenses: (i) | ||||||
8 | those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
9 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
10 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, | ||||||
12 | 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 ; (ii) those defined in the
| ||||||
14 | Cannabis Control Act, except those defined in Sections 4(a), | ||||||
15 | 4(b), and
5(a) of that Act; (iii) those defined in the Illinois | ||||||
16 | Controlled Substances
Act; (iv) those defined in the | ||||||
17 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
18 | any offense committed or attempted in any
other state or
| ||||||
19 | against the laws of the United States, which, if committed or | ||||||
20 | attempted in
this State, would have been punishable as one or | ||||||
21 | more of the foregoing
offenses. Further, the Chicago Park | ||||||
22 | District may not knowingly employ a
person who has been found | ||||||
23 | to be the perpetrator of sexual or physical
abuse of any minor | ||||||
24 | under 18 years of age pursuant to proceedings under
Article II | ||||||
25 | of the Juvenile Court Act of 1987. The Chicago Park District
| ||||||
26 | may not knowingly employ a person for whom a criminal |
| |||||||
| |||||||
1 | background
investigation has not been initiated.
| ||||||
2 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
| ||||||
3 | (70 ILCS 1505/26.3) (from Ch. 105, par. 333.23n)
| ||||||
4 | Sec. 26.3. The Chicago Park District, to carry out the | ||||||
5 | purposes of
this section, has all the rights and powers over | ||||||
6 | its harbor as it does
over its other property, and its rights | ||||||
7 | and powers include but are not
limited to the following:
| ||||||
8 | (a) To furnish complete harbor facilities and | ||||||
9 | services, including
but not limited to: launching, | ||||||
10 | mooring, docking, storing, and repairing
facilities and | ||||||
11 | services; parking facilities for motor vehicles and boat
| ||||||
12 | trailers; and roads for access to the harbor.
| ||||||
13 | (b) To acquire by gift, legacy, grant, purchase, lease, | ||||||
14 | or by
condemnation in the manner provided for the exercise | ||||||
15 | of the right of
eminent domain under the Eminent Domain | ||||||
16 | Act, any property necessary or appropriate for the purposes | ||||||
17 | of this
Section, including riparian rights, within or | ||||||
18 | without the Chicago Park
District.
| ||||||
19 | (c) To use, occupy and reclaim submerged land under the | ||||||
20 | public
waters of the State and artificially made or | ||||||
21 | reclaimed land anywhere
within the jurisdiction of the | ||||||
22 | Chicago Park District, or in, over, and
upon bordering | ||||||
23 | public waters.
| ||||||
24 | (d) To acquire property by agreeing on a boundary line | ||||||
25 | in accordance
with the provisions of "An Act to enable the
|
| |||||||
| |||||||
1 | commissioners of Lincoln Park to extend certain parks, | ||||||
2 | boulevards and
driveways under its control from time to | ||||||
3 | time and granting submerged
lands for the purpose of such | ||||||
4 | extensions and providing for the
acquisition of riparian | ||||||
5 | rights and shore lands and interests therein for
the | ||||||
6 | purpose of such extensions and to defray the cost thereof," | ||||||
7 | approved
May 25, 1931, and "An Act to enable Park | ||||||
8 | Commissioners
having control of a park or parks bordering | ||||||
9 | upon public waters in this
state, to enlarge and connect | ||||||
10 | the same from time to time by extensions
over lands and the | ||||||
11 | bed of such waters, and defining the use which may be
made | ||||||
12 | of such extensions, and granting lands for the purpose of | ||||||
13 | such
enlargements," approved May 14, 1903, as amended, and | ||||||
14 | the other Statutes
pertaining to Park Districts bordering | ||||||
15 | on navigable waters in the State
of Illinois.
| ||||||
16 | (e) To locate and establish dock, shore and harbor | ||||||
17 | lines.
| ||||||
18 | (f) To license, regulate, and control the use and | ||||||
19 | operation of the
harbor, including the operation of all | ||||||
20 | water-borne vessels in the
harbor, or otherwise within the | ||||||
21 | jurisdiction of the Chicago Park
District.
| ||||||
22 | (g) To establish and collect fees for all facilities | ||||||
23 | and services, and
compensation for materials furnished. | ||||||
24 | Fees charged nonresidents of such
district need not be the | ||||||
25 | same as fees charged to residents of the district.
| ||||||
26 | (h) To appoint a director of special services, harbor |
| |||||||
| |||||||
1 | masters and other
personnel, defining their
duties and | ||||||
2 | authority.
| ||||||
3 | (i) To enter into contracts and leases of every kind, | ||||||
4 | dealing in any
manner with the objects and purposes of this | ||||||
5 | section, upon such terms
and conditions as the Chicago Park | ||||||
6 | District determines.
| ||||||
7 | (j) To establish an impoundment area or areas within | ||||||
8 | the jurisdiction
of the Chicago Park District.
| ||||||
9 | (k) To remove and store within the impoundment area or | ||||||
10 | areas a water-borne
vessel that:
| ||||||
11 | (1) is tied or attached to any docks, piers or | ||||||
12 | buoys or other moorings
in or upon any harbors or | ||||||
13 | waters of the park system in contravention of
those | ||||||
14 | Sections of the Code of the Chicago Park District | ||||||
15 | pertaining to the
use of harbors or any rules | ||||||
16 | promulgated by the general superintendent thereunder;
| ||||||
17 | (2) is located in the waters or harbors for a | ||||||
18 | period of 12 hours or more
without a proper permit;
| ||||||
19 | (3) is abandoned or left unattended in the waters | ||||||
20 | or harbors that impedes
navigation on the waters;
| ||||||
21 | (4) is impeding navigation on the waters, because | ||||||
22 | the persons in charge
are incapacitated due to injury | ||||||
23 | or illness;
| ||||||
24 | (5) is abandoned in the waters or harbors for a | ||||||
25 | period of 10 hours or more;
| ||||||
26 | (6) is seized under Article 36 of the Criminal Code |
| |||||||
| |||||||
1 | of 2012 1961 , having been
used in the commission of a | ||||||
2 | crime;
| ||||||
3 | (7) is reported stolen and the owner has not been | ||||||
4 | located after a reasonable search.
| ||||||
5 | (l) To impose a duty on the director of special | ||||||
6 | services or other appointed
official to manage and operate | ||||||
7 | the impoundment process and to keep any impounded
vessel | ||||||
8 | until such vessel is repossessed by the owner or other | ||||||
9 | person legally
entitled to possession thereof or otherwise | ||||||
10 | disposed of in accordance with
ordinances or regulations | ||||||
11 | established by the Chicago Park District.
| ||||||
12 | (m) To impose fees and charges for redemption of any | ||||||
13 | impounded vessel
to cover the cost of towing and storage of | ||||||
14 | the vessel while in custody of
the Chicago Park District.
| ||||||
15 | (n) To release any impounded vessel to a person | ||||||
16 | entitled to possession
or to dispose of such vessel which | ||||||
17 | remains unclaimed after a reasonable
search for the owner | ||||||
18 | has been made in full compliance with ordinances and
| ||||||
19 | regulations of the Chicago Park District.
| ||||||
20 | (o) To control, license and regulate, including the | ||||||
21 | establishment of permits
and fees therefor, the | ||||||
22 | chartering, renting or letting for hire of any vessel
| ||||||
23 | operating on the waters or harbors within the jurisdiction | ||||||
24 | of the Chicago Park District.
| ||||||
25 | (p) To rent storage space to owners of vessels during | ||||||
26 | such seasons and
at such fees as are prescribed from time |
| |||||||
| |||||||
1 | to time in regulations of the Chicago
Park District.
| ||||||
2 | (Source: P.A. 94-1055, eff. 1-1-07.)
| ||||||
3 | Section 225. The Metropolitan Water Reclamation District | ||||||
4 | Act is amended by changing Section 7g as follows:
| ||||||
5 | (70 ILCS 2605/7g) (from Ch. 42, par. 326g)
| ||||||
6 | Sec. 7g.
Any person who takes or who knowingly permits his | ||||||
7 | agent or employee
to take industrial wastes or other wastes | ||||||
8 | from a point of origin and
intentionally discharges such wastes | ||||||
9 | by means of mobile or portable equipment
into any sewer, sewer | ||||||
10 | manhole, or any appurtenances thereto, or directly or
| ||||||
11 | indirectly to any waters without possession of a valid and | ||||||
12 | legally issued
permit shall be guilty of a Class A misdemeanor. | ||||||
13 | A second or
subsequent offense shall constitute a Class 4 | ||||||
14 | felony.
| ||||||
15 | Any mobile or portable equipment used in the commission of | ||||||
16 | any act which is a
violation of this Section shall be subject | ||||||
17 | to seizure and forfeiture in the
manner provided for the | ||||||
18 | seizure and forfeiture of vessels, vehicles and
aircraft in | ||||||
19 | Article 36 of the Criminal Code of 2012 1961 , as now or | ||||||
20 | hereafter
amended. The person causing the intentional | ||||||
21 | discharge shall be liable for
the costs of seizure, storage, | ||||||
22 | and disposal of the mobile or portable
equipment.
| ||||||
23 | The terms "industrial waste" and "other wastes"
shall have | ||||||
24 | the
same meaning as these terms are defined in Section 7a of |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (Source: P.A. 90-354, eff. 8-8-97.)
| ||||||
3 | Section 230. The Metropolitan Transit Authority Act is | ||||||
4 | amended by changing Section 28b as follows:
| ||||||
5 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
6 | Sec. 28b. Any person applying for a position as a driver of | ||||||
7 | a vehicle
owned by a private carrier company which provides | ||||||
8 | public transportation
pursuant to an agreement with the | ||||||
9 | Authority shall be required to
authorize an investigation by | ||||||
10 | the private carrier company to determine if
the applicant has | ||||||
11 | been convicted of any of the following offenses: (i) those
| ||||||
12 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
13 | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
14 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
15 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
16 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, | ||||||
17 | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, | ||||||
18 | 12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, | ||||||
19 | and 33A-2, in subsection (a) and subsection (b),
clause (1), of | ||||||
20 | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of | ||||||
21 | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 ; (ii) | ||||||
23 | those
offenses defined in the Cannabis Control Act except those | ||||||
24 | offenses defined
in subsections (a) and (b) of Section 4, and |
| |||||||
| |||||||
1 | subsection (a) of Section 5 of
the Cannabis Control Act (iii) | ||||||
2 | those offenses defined in the Illinois
Controlled Substances | ||||||
3 | Act; (iv) those offenses defined in the Methamphetamine Control | ||||||
4 | and Community Protection Act; and (v) any offense committed or | ||||||
5 | attempted in
any other state or against the laws of the United | ||||||
6 | States, which if
committed or attempted in this State would be | ||||||
7 | punishable as one or more of
the foregoing offenses. Upon | ||||||
8 | receipt of this authorization, the private
carrier company | ||||||
9 | shall submit the applicant's name, sex, race, date of
birth, | ||||||
10 | fingerprints and social security number to the Department of | ||||||
11 | State
Police on forms prescribed by the Department. The | ||||||
12 | Department of State
Police shall conduct an investigation to | ||||||
13 | ascertain if the applicant
has been convicted of any of the | ||||||
14 | above enumerated offenses. The Department
shall charge the | ||||||
15 | private carrier company a fee for conducting the
investigation, | ||||||
16 | which fee shall be deposited in the State Police Services
Fund | ||||||
17 | and shall not exceed the cost of the inquiry; and the applicant | ||||||
18 | shall not
be charged a fee for such investigation by the | ||||||
19 | private carrier company.
The Department of State Police shall | ||||||
20 | furnish, pursuant to positive
identification, records of | ||||||
21 | convictions, until expunged, to the private
carrier company | ||||||
22 | which requested the investigation. A copy of the record of
| ||||||
23 | convictions obtained from the Department shall be provided to | ||||||
24 | the applicant.
Any record of conviction received by the private | ||||||
25 | carrier company shall be
confidential. Any person who releases | ||||||
26 | any confidential information
concerning any criminal |
| |||||||
| |||||||
1 | convictions of an applicant shall be guilty of a
Class A | ||||||
2 | misdemeanor, unless authorized by this Section.
| ||||||
3 | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; | ||||||
4 | 96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. | ||||||
5 | 1-1-13; 97-1109, eff. 1-1-13.) | ||||||
6 | Section 235. The School Code is amended by changing | ||||||
7 | Sections 10-3, 10-10, 10-22.6, 10-22.39, 10-27.1A, 14-6.02, | ||||||
8 | 21B-80, 27-9.1, 33-2, 34-2.1, 34-4, 34-84a.1, and 34-84b as | ||||||
9 | follows:
| ||||||
10 | (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
| ||||||
11 | Sec. 10-3. Eligibility of directors. Any person who, on the | ||||||
12 | date of his
or her election, is a citizen of the United States, | ||||||
13 | of the age of 18 years or
over, is a resident of the State and | ||||||
14 | of the territory of the district for at
least one year | ||||||
15 | immediately preceding his or her election, is a registered | ||||||
16 | voter
as provided in the general election law, is not a school | ||||||
17 | trustee or a school
treasurer, and is not a child sex offender | ||||||
18 | as defined in Section 11-9.3 of the
Criminal Code of 2012 1961 | ||||||
19 | shall be eligible to the office of school director.
| ||||||
20 | (Source: P.A. 93-309, eff. 1-1-04.)
| ||||||
21 | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| ||||||
22 | Sec. 10-10. Board of education; Term; Vacancy. All school | ||||||
23 | districts
having a population of not fewer than 1,000 and not |
| |||||||
| |||||||
1 | more than 500,000
inhabitants, as ascertained by any special or | ||||||
2 | general census, and not
governed by special Acts, shall be | ||||||
3 | governed by a board of education
consisting of 7 members, | ||||||
4 | serving without compensation except as herein
provided. Each | ||||||
5 | member shall be elected for a term of 4 years for the initial | ||||||
6 | members
of the board of education of a combined school district | ||||||
7 | to which that
subsection applies. If 5 members are elected in | ||||||
8 | 1983 pursuant to the extension
of terms provided by
law for | ||||||
9 | transition to the consolidated election schedule under the | ||||||
10 | general
election law, 2 of those members shall be elected to | ||||||
11 | serve terms of 2 years
and 3 shall be elected to serve terms of | ||||||
12 | 4 years; their successors shall
serve for a 4 year term. When | ||||||
13 | the voters of a district have voted to elect
members of the | ||||||
14 | board of education for 6 year terms, as provided in Section
| ||||||
15 | 9-5, the terms of office of members of the board of education | ||||||
16 | of that
district expire when their successors assume office but | ||||||
17 | not later than 7
days after such election. If at the regular | ||||||
18 | school election held in the
first odd-numbered year after the | ||||||
19 | determination to elect members for 6 year
terms 2 members are | ||||||
20 | elected, they shall serve for a 6 year term; and of the
members | ||||||
21 | elected at the next regular school election 3 shall serve for a
| ||||||
22 | term of 6 years and 2 shall serve a term of 2 years. Thereafter | ||||||
23 | members
elected in such districts shall be elected to a 6 year | ||||||
24 | term. If at the
regular school election held in the first | ||||||
25 | odd-numbered year after the
determination to elect members for | ||||||
26 | 6 year terms 3 members are elected, they
shall serve for a 6 |
| |||||||
| |||||||
1 | year term; and of the members elected at the next
regular | ||||||
2 | school election 2 shall serve for a term of 2 years and 2 shall
| ||||||
3 | serve for a term of 6 years. Thereafter members elected in such | ||||||
4 | districts
shall be elected to a 6 year term. If at the regular | ||||||
5 | school election held
in the first odd-numbered year after the | ||||||
6 | determination to elect members for
6 year terms 4 members are | ||||||
7 | elected, 3 shall serve for a term of 6 years and
one shall | ||||||
8 | serve for a term of 2 years; and of the members elected at the
| ||||||
9 | next regular school election 2 shall serve for terms of 6 years | ||||||
10 | and 2 shall
serve for terms of 2 years. Thereafter members | ||||||
11 | elected in such districts
shall be elected to a 6 year term. If | ||||||
12 | at the regular school election held
in the first odd-numbered | ||||||
13 | year after the determination to elect members for
a 6 year term | ||||||
14 | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | ||||||
15 | shall serve for a term of 2 years; and of the members elected | ||||||
16 | at the
next regular school election 2 shall serve for terms of | ||||||
17 | 6 years and 2 shall
serve for terms of 2 years. Thereafter | ||||||
18 | members elected in such districts
shall be elected to a 6 year | ||||||
19 | term. An election for board members shall not
be held in school | ||||||
20 | districts which by consolidation, annexation or otherwise
| ||||||
21 | shall cease to exist as a school district within 6 months after | ||||||
22 | the
election date, and the term of all board members which | ||||||
23 | would otherwise
terminate shall be continued until such | ||||||
24 | district shall cease to exist. Each
member, on the date of his | ||||||
25 | or her election, shall be a
citizen of the United
States of the | ||||||
26 | age of 18 years or over, shall be a resident of the State and
|
| |||||||
| |||||||
1 | the
territory of the district for at least one year immediately | ||||||
2 | preceding his or
her
election, shall be a registered voter as | ||||||
3 | provided in the general election
law,
shall not be a school | ||||||
4 | trustee, and shall not be a child
sex offender as defined in | ||||||
5 | Section 11-9.3 of the
Criminal Code of 2012 1961 . When the | ||||||
6 | board of
education is the successor of the school directors, | ||||||
7 | all rights of property,
and all rights regarding causes of | ||||||
8 | action existing or vested in such
directors, shall vest in it | ||||||
9 | as fully as they were vested in the school
directors. Terms of | ||||||
10 | members are subject to Section 2A-54 of the Election Code.
| ||||||
11 | Nomination papers filed under this Section are not valid | ||||||
12 | unless the candidate
named therein files with the secretary of | ||||||
13 | the board of education or with
a person designated by the board | ||||||
14 | to receive nominating petitions a receipt
from the county clerk | ||||||
15 | showing that the candidate has filed a statement of
economic | ||||||
16 | interests as required by the Illinois Governmental Ethics Act.
| ||||||
17 | Such receipt shall be so filed either previously during the | ||||||
18 | calendar year
in which his nomination papers were filed or | ||||||
19 | within the period for the filing
of nomination papers in | ||||||
20 | accordance with the general election law.
| ||||||
21 | Whenever a vacancy occurs, the remaining members shall | ||||||
22 | notify the
regional superintendent of that vacancy within 5 | ||||||
23 | days after its occurrence
and shall proceed to fill the vacancy | ||||||
24 | until the next regular school
election, at which election a | ||||||
25 | successor shall be elected to serve the
remainder of the | ||||||
26 | unexpired term. However, if the vacancy occurs with less
than |
| |||||||
| |||||||
1 | 868 days remaining in the term, or if the vacancy occurs
less | ||||||
2 | than 88
days before the next regularly scheduled election for | ||||||
3 | this office then the
person so appointed shall serve the | ||||||
4 | remainder of the unexpired term, and no
election to fill the | ||||||
5 | vacancy shall be held. Should they fail so to
act, within 45 | ||||||
6 | days after the vacancy occurs, the regional superintendent
of | ||||||
7 | schools under whose supervision and control the district is | ||||||
8 | operating,
as defined in Section 3-14.2 of this Act, shall | ||||||
9 | within 30 days after the
remaining members have failed to fill | ||||||
10 | the vacancy, fill the vacancy as
provided for herein. Upon the | ||||||
11 | regional superintendent's failure to fill the
vacancy, the | ||||||
12 | vacancy shall be filled at the next regularly scheduled
| ||||||
13 | election. Whether elected or appointed by the remaining members | ||||||
14 | or regional
superintendent, the successor shall be an | ||||||
15 | inhabitant of the particular area
from which his or her | ||||||
16 | predecessor was elected if the residential requirements
| ||||||
17 | contained in Section 10-10.5 or 12-2 of this Code apply.
| ||||||
18 | A board of education may appoint a student to the board to | ||||||
19 | serve in an advisory capacity. The student member shall serve | ||||||
20 | for a term as determined by the board. The board may not grant | ||||||
21 | the student member any voting privileges, but shall consider | ||||||
22 | the student member as an advisor. The student member may not | ||||||
23 | participate in or attend any executive session of the board.
| ||||||
24 | (Source: P.A. 96-538, eff. 8-14-09.)
| ||||||
25 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
|
| |||||||
| |||||||
1 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
2 | searches.
| ||||||
3 | (a) To expel pupils guilty of gross disobedience or | ||||||
4 | misconduct, including gross disobedience or misconduct | ||||||
5 | perpetuated by electronic means, and
no action shall lie | ||||||
6 | against them for such expulsion. Expulsion shall
take place | ||||||
7 | only after the parents have been requested to appear at a
| ||||||
8 | meeting of the board, or with a hearing officer appointed by | ||||||
9 | it, to
discuss their child's behavior. Such request shall be | ||||||
10 | made by registered
or certified mail and shall state the time, | ||||||
11 | place and purpose of the
meeting. The board, or a hearing | ||||||
12 | officer appointed by it, at such
meeting shall state the | ||||||
13 | reasons for dismissal and the date on which the
expulsion is to | ||||||
14 | become effective. If a hearing officer is appointed by
the | ||||||
15 | board he shall report to the board a written summary of the | ||||||
16 | evidence
heard at the meeting and the board may take such | ||||||
17 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
18 | be immediately transferred to an alternative program in the | ||||||
19 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
20 | must not be denied transfer because of the expulsion, except in | ||||||
21 | cases in which such transfer is deemed to cause a threat to the | ||||||
22 | safety of students or staff in the alternative program.
| ||||||
23 | (b) To suspend or by policy to authorize the superintendent | ||||||
24 | of
the district or the principal, assistant principal, or dean | ||||||
25 | of students
of any school to suspend pupils guilty of gross | ||||||
26 | disobedience or misconduct, or
to suspend pupils guilty of |
| |||||||
| |||||||
1 | gross disobedience or misconduct on the school bus
from riding | ||||||
2 | the school bus, and no action
shall lie against them for such | ||||||
3 | suspension. The board may by policy
authorize the | ||||||
4 | superintendent of the district or the principal, assistant
| ||||||
5 | principal, or dean of students of any
school to suspend pupils | ||||||
6 | guilty of such acts for a period not to exceed
10 school days. | ||||||
7 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
8 | on a school bus, the board may suspend the pupil in excess of | ||||||
9 | 10
school
days for safety reasons. Any suspension shall be | ||||||
10 | reported immediately to the
parents or guardian of such pupil | ||||||
11 | along with a full statement of the
reasons for such suspension | ||||||
12 | and a notice of their right to a review. The school board must | ||||||
13 | be given a summary of the notice, including the reason for the | ||||||
14 | suspension and the suspension length. Upon request of the
| ||||||
15 | parents or guardian the school board or a hearing officer | ||||||
16 | appointed by
it shall review such action of the superintendent | ||||||
17 | or principal, assistant
principal, or dean of students. At such
| ||||||
18 | review the parents or guardian of the pupil may appear and | ||||||
19 | discuss the
suspension with the board or its hearing officer. | ||||||
20 | If a hearing officer
is appointed by the board he shall report | ||||||
21 | to the board a written summary
of the evidence heard at the | ||||||
22 | meeting. After its hearing or upon receipt
of the written | ||||||
23 | report of its hearing officer, the board may take such
action | ||||||
24 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
25 | 20 school days may be immediately transferred to an alternative | ||||||
26 | program in the manner provided in Article 13A or 13B of this |
| |||||||
| |||||||
1 | Code. A pupil must not be denied transfer because of the | ||||||
2 | suspension, except in cases in which such transfer is deemed to | ||||||
3 | cause a threat to the safety of students or staff in the | ||||||
4 | alternative program.
| ||||||
5 | (c) The Department of Human Services
shall be invited to | ||||||
6 | send a representative to consult with the board at
such meeting | ||||||
7 | whenever there is evidence that mental illness may be the
cause | ||||||
8 | for expulsion or suspension.
| ||||||
9 | (d) The board may expel a student for a definite period of | ||||||
10 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
11 | case basis.
A student who
is determined to have brought one of | ||||||
12 | the following objects to school, any school-sponsored activity
| ||||||
13 | or event, or any activity or event that bears a reasonable | ||||||
14 | relationship to school shall be expelled for a period of not | ||||||
15 | less than
one year: | ||||||
16 | (1) A firearm. For the purposes of this Section, | ||||||
17 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
18 | by Section 921 of Title 18 of the United States Code, | ||||||
19 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
20 | Identification Card Act, or firearm as defined in Section | ||||||
21 | 24-1 of the Criminal Code of 2012 1961 . The expulsion | ||||||
22 | period under this subdivision (1) may be modified by the | ||||||
23 | superintendent, and the superintendent's determination may | ||||||
24 | be modified by the board on a case-by-case basis. | ||||||
25 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
26 | regardless of its composition, a billy club, or any other |
| |||||||
| |||||||
1 | object if used or attempted to be used to cause bodily | ||||||
2 | harm, including "look alikes" of any firearm as defined in | ||||||
3 | subdivision (1) of this subsection (d). The expulsion | ||||||
4 | requirement under this subdivision (2) may be modified by | ||||||
5 | the superintendent, and the superintendent's determination | ||||||
6 | may be modified by the board on a case-by-case basis. | ||||||
7 | Expulsion
or suspension
shall be construed in a
manner | ||||||
8 | consistent with the Federal Individuals with Disabilities | ||||||
9 | Education
Act. A student who is subject to suspension or | ||||||
10 | expulsion as provided in this
Section may be eligible for a | ||||||
11 | transfer to an alternative school program in
accordance with | ||||||
12 | Article 13A of the School Code. The provisions of this
| ||||||
13 | subsection (d) apply in all school districts,
including special | ||||||
14 | charter districts and districts organized under Article 34.
| ||||||
15 | (d-5) The board may suspend or by regulation
authorize the | ||||||
16 | superintendent of the district or the principal, assistant
| ||||||
17 | principal, or dean of students of any
school to suspend a | ||||||
18 | student for a period not to exceed
10 school days or may expel | ||||||
19 | a student for a definite period of time not to
exceed 2 | ||||||
20 | calendar years, as determined on a case by case basis, if (i) | ||||||
21 | that student has been determined to have made an explicit | ||||||
22 | threat on an Internet website against a school employee, a | ||||||
23 | student, or any school-related personnel, (ii) the Internet | ||||||
24 | website through which the threat was made is a site that was | ||||||
25 | accessible within the school at the time the threat was made or | ||||||
26 | was available to third parties who worked or studied within the |
| |||||||
| |||||||
1 | school grounds at the time the threat was made, and (iii) the | ||||||
2 | threat could be reasonably interpreted as threatening to the | ||||||
3 | safety and security of the threatened individual because of his | ||||||
4 | or her duties or employment status or status as a student | ||||||
5 | inside the school. The provisions of this
subsection (d-5) | ||||||
6 | apply in all school districts,
including special charter | ||||||
7 | districts and districts organized under Article 34 of this | ||||||
8 | Code.
| ||||||
9 | (e) To maintain order and security in the schools, school | ||||||
10 | authorities may
inspect and search places and areas such as | ||||||
11 | lockers, desks, parking lots, and
other school property and | ||||||
12 | equipment owned or controlled by the school, as well
as | ||||||
13 | personal effects left in those places and areas by students, | ||||||
14 | without notice
to or the consent of the student, and without a | ||||||
15 | search warrant. As a matter of
public policy, the General | ||||||
16 | Assembly finds that students have no reasonable
expectation of | ||||||
17 | privacy in these places and areas or in their personal effects
| ||||||
18 | left in these places and areas. School authorities may request | ||||||
19 | the assistance
of law enforcement officials for the purpose of | ||||||
20 | conducting inspections and
searches of lockers, desks, parking | ||||||
21 | lots, and other school property and
equipment owned or | ||||||
22 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
23 | illegal or dangerous substances or materials, including | ||||||
24 | searches conducted
through the use of specially trained dogs. | ||||||
25 | If a search conducted in accordance
with this Section produces | ||||||
26 | evidence that the student has violated or is
violating either |
| |||||||
| |||||||
1 | the law, local ordinance, or the school's policies or rules,
| ||||||
2 | such evidence may be seized by school authorities, and | ||||||
3 | disciplinary action may
be taken. School authorities may also | ||||||
4 | turn over such evidence to law
enforcement authorities. The | ||||||
5 | provisions of this subsection (e) apply in all
school | ||||||
6 | districts, including special charter districts and districts | ||||||
7 | organized
under Article 34.
| ||||||
8 | (f) Suspension or expulsion may include suspension or | ||||||
9 | expulsion from
school and all school activities and a | ||||||
10 | prohibition from being present on school
grounds.
| ||||||
11 | (g) A school district may adopt a policy providing that if | ||||||
12 | a student
is suspended or expelled for any reason from any | ||||||
13 | public or private school
in this or any other state, the | ||||||
14 | student must complete the entire term of
the suspension or | ||||||
15 | expulsion in an alternative school program under Article 13A of | ||||||
16 | this Code or an alternative learning opportunities program | ||||||
17 | under Article 13B of this Code before being admitted into the | ||||||
18 | school
district if there is no threat to the safety of students | ||||||
19 | or staff in the alternative program. This subsection (g) | ||||||
20 | applies to
all school districts, including special charter | ||||||
21 | districts and districts
organized under Article 34 of this | ||||||
22 | Code.
| ||||||
23 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
24 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | ||||||
25 | 7-13-12.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-22.39)
| ||||||
2 | Sec. 10-22.39. In-service training programs. | ||||||
3 | (a) To conduct in-service training programs for teachers. | ||||||
4 | (b) In addition to
other topics at in-service training
| ||||||
5 | programs, school guidance counselors, teachers, school social | ||||||
6 | workers, and
other school personnel who work with pupils in | ||||||
7 | grades 7 through 12 shall be
trained to identify the warning | ||||||
8 | signs of suicidal behavior in adolescents
and teens and shall | ||||||
9 | be taught appropriate intervention and referral techniques.
| ||||||
10 | (c) School guidance counselors, nurses, teachers and other | ||||||
11 | school personnel
who work with pupils may be trained to have a | ||||||
12 | basic knowledge of matters
relating to acquired | ||||||
13 | immunodeficiency syndrome (AIDS), including the nature
of the | ||||||
14 | disease, its causes and effects, the means of detecting it and
| ||||||
15 | preventing its transmission, and the availability of | ||||||
16 | appropriate sources of
counseling and referral, and any other | ||||||
17 | information that may be appropriate
considering the age and | ||||||
18 | grade level of such pupils. The School Board shall
supervise | ||||||
19 | such training. The State Board of Education and the Department
| ||||||
20 | of Public Health shall jointly develop standards for such | ||||||
21 | training.
| ||||||
22 | (d) In this subsection (d): | ||||||
23 | "Domestic violence" means abuse by a family or household | ||||||
24 | member, as "abuse" and "family or household members" are | ||||||
25 | defined in Section 103 of the Illinois Domestic Violence Act of | ||||||
26 | 1986. |
| |||||||
| |||||||
1 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
2 | of an adult or minor child proscribed in the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, | ||||||
4 | 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, | ||||||
5 | 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual | ||||||
6 | violence committed by perpetrators who are strangers to the | ||||||
7 | victim and sexual violence committed by perpetrators who are | ||||||
8 | known or related by blood or marriage to the victim. | ||||||
9 | At least once every 2 years, an in-service training program | ||||||
10 | for school personnel who work with pupils, including, but not | ||||||
11 | limited to, school and school district administrators, | ||||||
12 | teachers, school guidance counselors, school social workers, | ||||||
13 | school counselors, school psychologists, and school nurses, | ||||||
14 | must be conducted by persons with expertise in domestic and | ||||||
15 | sexual violence and the needs of expectant and parenting youth | ||||||
16 | and shall include training concerning (i) communicating with | ||||||
17 | and listening to youth victims of domestic or sexual violence | ||||||
18 | and expectant and parenting youth, (ii) connecting youth | ||||||
19 | victims of domestic or sexual violence and expectant and | ||||||
20 | parenting youth to appropriate in-school services and other | ||||||
21 | agencies, programs, and services as needed, and (iii) | ||||||
22 | implementing the school district's policies, procedures, and | ||||||
23 | protocols with regard to such youth, including | ||||||
24 | confidentiality. At a minimum, school personnel must be trained | ||||||
25 | to understand, provide information and referrals, and address | ||||||
26 | issues pertaining to youth who are parents, expectant parents, |
| |||||||
| |||||||
1 | or victims of domestic or sexual violence.
| ||||||
2 | (e) At least every 2 years, an in-service training program | ||||||
3 | for school personnel who work with pupils must be conducted by | ||||||
4 | persons with expertise in anaphylactic reactions and | ||||||
5 | management.
| ||||||
6 | (f) At least once every 2 years, a school board shall | ||||||
7 | conduct in-service training on educator ethics, | ||||||
8 | teacher-student conduct, and school employee-student conduct | ||||||
9 | for all personnel. | ||||||
10 | (Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09; | ||||||
11 | 96-431, eff. 8-13-09; 96-951, eff. 6-28-10; 96-1000, eff. | ||||||
12 | 7-2-10; 96-1551, eff. 7-1-11 .)
| ||||||
13 | (105 ILCS 5/10-27.1A)
| ||||||
14 | Sec. 10-27.1A. Firearms in schools.
| ||||||
15 | (a) All school officials, including teachers, guidance | ||||||
16 | counselors, and
support staff, shall immediately notify the | ||||||
17 | office of the principal in the
event that they observe any | ||||||
18 | person in possession of a firearm on school
grounds; provided | ||||||
19 | that taking such immediate action to notify the office of the
| ||||||
20 | principal would not immediately endanger the health, safety, or | ||||||
21 | welfare of
students who are under the direct supervision of the | ||||||
22 | school official or the
school official. If the health, safety, | ||||||
23 | or welfare of students under the
direct supervision of the | ||||||
24 | school official or of the school official is
immediately | ||||||
25 | endangered, the school official shall notify the office of the
|
| |||||||
| |||||||
1 | principal as soon as the students under his or her supervision | ||||||
2 | and he or she
are no longer under immediate danger. A report is | ||||||
3 | not required by this Section
when the school official knows | ||||||
4 | that the person in possession of the firearm is
a law | ||||||
5 | enforcement official engaged in the conduct of his or her | ||||||
6 | official
duties. Any school official acting in good faith who | ||||||
7 | makes such a report under
this Section shall have immunity from | ||||||
8 | any civil or criminal liability that
might otherwise be | ||||||
9 | incurred as a result of making the report. The identity of
the | ||||||
10 | school official making such report shall not be disclosed | ||||||
11 | except as
expressly and specifically authorized by law. | ||||||
12 | Knowingly and willfully failing
to comply with this Section is | ||||||
13 | a petty offense. A second or subsequent offense
is a Class C | ||||||
14 | misdemeanor.
| ||||||
15 | (b) Upon receiving a report from any school official | ||||||
16 | pursuant to this
Section, or from any other person, the | ||||||
17 | principal or his or her designee shall
immediately notify a | ||||||
18 | local law enforcement agency. If the person found to be
in | ||||||
19 | possession of a firearm on school grounds is a student, the | ||||||
20 | principal or
his or her designee shall also immediately notify | ||||||
21 | that student's parent or
guardian. Any principal or his or her | ||||||
22 | designee acting in good faith who makes
such reports under this | ||||||
23 | Section shall have immunity from any civil or criminal
| ||||||
24 | liability that might otherwise be incurred or imposed as a | ||||||
25 | result of making
the reports. Knowingly and willfully failing | ||||||
26 | to comply with this Section is a
petty offense. A second or |
| |||||||
| |||||||
1 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
2 | found to be in possession of the firearm on school grounds is a
| ||||||
3 | minor, the law enforcement agency shall detain that minor until | ||||||
4 | such time as
the agency makes a determination pursuant to | ||||||
5 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
6 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
7 | that the minor is delinquent. If the law enforcement
agency | ||||||
8 | determines that probable cause exists to believe that the minor
| ||||||
9 | committed a violation of item (4) of subsection (a) of Section | ||||||
10 | 24-1 of the
Criminal Code of 2012 1961 while on school grounds, | ||||||
11 | the agency shall detain the
minor for processing pursuant to | ||||||
12 | Section 5-407 of the Juvenile Court Act of
1987.
| ||||||
13 | (c) On or after January 1, 1997, upon receipt of any | ||||||
14 | written,
electronic, or verbal report from any school personnel | ||||||
15 | regarding a verified
incident involving a firearm in a school | ||||||
16 | or on school owned or leased property,
including any conveyance | ||||||
17 | owned,
leased, or used by the school for the transport of | ||||||
18 | students or school
personnel, the superintendent or his or her | ||||||
19 | designee shall report all such
firearm-related incidents | ||||||
20 | occurring in a school or on school property to the
local law | ||||||
21 | enforcement authorities immediately and to the Department of | ||||||
22 | State
Police in a form, manner, and frequency as prescribed by | ||||||
23 | the Department of
State Police.
| ||||||
24 | The State Board of Education shall receive an annual | ||||||
25 | statistical compilation
and related data associated with | ||||||
26 | incidents involving firearms in schools from
the Department of |
| |||||||
| |||||||
1 | State Police. The State Board of Education shall compile
this | ||||||
2 | information by school district and make it available to the | ||||||
3 | public.
| ||||||
4 | (d) As used in this Section, the term "firearm" shall have | ||||||
5 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
6 | Identification Card Act.
| ||||||
7 | As used in this Section, the term "school" means any public | ||||||
8 | or private
elementary or secondary school.
| ||||||
9 | As used in this Section, the term "school grounds" includes | ||||||
10 | the real property
comprising any school, any conveyance owned, | ||||||
11 | leased, or contracted by a school
to transport students to or | ||||||
12 | from school or a school-related activity, or any
public way | ||||||
13 | within 1,000 feet of the real property comprising any school.
| ||||||
14 | (Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
| ||||||
15 | (105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)
| ||||||
16 | Sec. 14-6.02. Service animals. Service animals such as | ||||||
17 | guide dogs,
signal dogs or any other animal individually | ||||||
18 | trained to perform tasks for
the benefit of a student with a | ||||||
19 | disability shall be permitted to accompany
that student at all | ||||||
20 | school functions, whether in or outside the classroom. For the | ||||||
21 | purposes of this Section, "service animal" has the same meaning | ||||||
22 | as in Section 48-8 of the Criminal Code of 2012 1 of the | ||||||
23 | Service Animal Access Act .
| ||||||
24 | (Source: P.A. 97-956, eff. 8-14-12; revised 9-20-12.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/21B-80) | ||||||
2 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
3 | revocation of license. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Narcotics offense" means any one or more of the following | ||||||
6 | offenses: | ||||||
7 | (1) Any offense defined in the Cannabis Control Act, | ||||||
8 | except those defined in subdivisions (a) and (b) of Section | ||||||
9 | 4 and subdivision (a) of Section 5 of the Cannabis Control | ||||||
10 | Act and any offense for which the holder of a license is | ||||||
11 | placed on probation under the provisions of Section 10 of | ||||||
12 | the Cannabis Control Act, provided that if the terms and | ||||||
13 | conditions of probation required by the court are not | ||||||
14 | fulfilled, the offense is not eligible for this exception. | ||||||
15 | (2) Any offense defined in the Illinois Controlled | ||||||
16 | Substances Act, except any offense for which the holder of | ||||||
17 | a license is placed on probation under the provisions of | ||||||
18 | Section 410 of the Illinois Controlled Substances Act, | ||||||
19 | provided that if the terms and conditions of probation | ||||||
20 | required by the court are not fulfilled, the offense is not | ||||||
21 | eligible for this exception. | ||||||
22 | (3) Any offense defined in the Methamphetamine Control | ||||||
23 | and Community Protection Act, except any offense for which | ||||||
24 | the holder of a license is placed on probation under the | ||||||
25 | provision of Section 70 of that Act, provided that if the | ||||||
26 | terms and conditions of probation required by the court are |
| |||||||
| |||||||
1 | not fulfilled, the offense is not eligible for this | ||||||
2 | exception. | ||||||
3 | (4) Any attempt to commit any of the offenses listed in | ||||||
4 | items (1) through (3) of this definition. | ||||||
5 | (5) Any offense committed or attempted in any other | ||||||
6 | state or against the laws of the United States that, if | ||||||
7 | committed or attempted in this State, would have been | ||||||
8 | punishable as one or more of the offenses listed in items | ||||||
9 | (1) through (4) of this definition. | ||||||
10 | The changes made by Public Act 96-431 to the definition of | ||||||
11 | "narcotics offense" are declaratory of existing law. | ||||||
12 | "Sex offense" means any one or more of the following | ||||||
13 | offenses: | ||||||
14 | (A) Any offense defined in Sections 11-6, 11-9 through | ||||||
15 | 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 | ||||||
16 | or the Criminal Code of 2012 ; Sections 11-14 through 11-21, | ||||||
17 | inclusive, of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012 ; Sections 11-23 (if punished as a Class 3 | ||||||
19 | felony), 11-24, 11-25, and 11-26 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 ; and Sections 11-1.20, | ||||||
21 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, | ||||||
22 | 12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 . | ||||||
24 | (B) Any attempt to commit any of the offenses listed in | ||||||
25 | item (A) of this definition. | ||||||
26 | (C) Any offense committed or attempted in any other |
| |||||||
| |||||||
1 | state that, if committed or attempted in this State, would | ||||||
2 | have been punishable as one or more of the offenses listed | ||||||
3 | in items (A) and (B) of this definition. | ||||||
4 | (b) Whenever the holder of any license issued pursuant to | ||||||
5 | this Article has been convicted of any sex offense or narcotics | ||||||
6 | offense, the State Superintendent of Education shall forthwith | ||||||
7 | suspend the license. If the conviction is reversed and the | ||||||
8 | holder is acquitted of the offense in a new trial or the | ||||||
9 | charges against him or her are dismissed, the State | ||||||
10 | Superintendent of Education shall forthwith terminate the | ||||||
11 | suspension of the license. When the conviction becomes final, | ||||||
12 | the State Superintendent of Education shall forthwith revoke | ||||||
13 | the license. | ||||||
14 | (c) Whenever the holder of a license issued pursuant to | ||||||
15 | this Article has been convicted of attempting to commit, | ||||||
16 | conspiring to commit, soliciting, or committing first degree | ||||||
17 | murder or a Class X felony or any offense committed or | ||||||
18 | attempted in any other state or against the laws of the United | ||||||
19 | States that, if committed or attempted in this State, would | ||||||
20 | have been punishable as one or more of the foregoing offenses, | ||||||
21 | the State Superintendent of Education shall forthwith suspend | ||||||
22 | the license. If the conviction is reversed and the holder is | ||||||
23 | acquitted of that offense in a new trial or the charges that he | ||||||
24 | or she committed that offense are dismissed, the State | ||||||
25 | Superintendent of Education shall forthwith terminate the | ||||||
26 | suspension of the license. When the conviction becomes final, |
| |||||||
| |||||||
1 | the State Superintendent of Education shall forthwith revoke | ||||||
2 | the license.
| ||||||
3 | (Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. | ||||||
4 | 7-1-11; 97-1109, eff. 1-1-13.)
| ||||||
5 | (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
| ||||||
6 | Sec. 27-9.1. Sex Education.
| ||||||
7 | (a) No pupil shall be required to take or participate in | ||||||
8 | any class or course
in comprehensive sex education if his | ||||||
9 | parent or guardian submits written
objection thereto, and | ||||||
10 | refusal to take or participate in such course or
program shall | ||||||
11 | not be reason for suspension or expulsion of such pupil.
Each | ||||||
12 | class or course in comprehensive sex education offered in any | ||||||
13 | of
grades 6 through 12 shall include instruction on the | ||||||
14 | prevention,
transmission and spread of AIDS.
Nothing in this | ||||||
15 | Section prohibits instruction in sanitation, hygiene or
| ||||||
16 | traditional courses in biology.
| ||||||
17 | (b) All public elementary, junior high, and senior high | ||||||
18 | school
classes that teach sex education and discuss sexual | ||||||
19 | intercourse shall
emphasize that abstinence is the expected | ||||||
20 | norm in that abstinence from
sexual intercourse is the only
| ||||||
21 | protection that is 100% effective against unwanted teenage | ||||||
22 | pregnancy,
sexually transmitted diseases, and acquired immune | ||||||
23 | deficiency syndrome
(AIDS) when transmitted sexually.
| ||||||
24 | (c) All sex education courses that discuss sexual | ||||||
25 | intercourse shall
satisfy the following criteria:
|
| |||||||
| |||||||
1 | (1) Course material and instruction shall be age | ||||||
2 | appropriate.
| ||||||
3 | (2) Course material and instruction shall teach honor | ||||||
4 | and respect for
monogamous heterosexual marriage.
| ||||||
5 | (3) Course material and instruction shall stress that | ||||||
6 | pupils should
abstain from sexual intercourse until they | ||||||
7 | are ready for marriage.
| ||||||
8 | (4) Course material and instruction shall include a | ||||||
9 | discussion of the
possible emotional and psychological | ||||||
10 | consequences of preadolescent and
adolescent sexual | ||||||
11 | intercourse outside of marriage and the consequences of
| ||||||
12 | unwanted adolescent pregnancy.
| ||||||
13 | (5) Course material and instruction shall stress that | ||||||
14 | sexually
transmitted diseases are serious possible hazards | ||||||
15 | of sexual intercourse.
Pupils shall be provided with | ||||||
16 | statistics based on the latest medical
information citing | ||||||
17 | the failure and success rates of condoms in preventing
AIDS | ||||||
18 | and other sexually transmitted diseases.
| ||||||
19 | (6) Course material and instruction shall advise | ||||||
20 | pupils of the laws
pertaining to their financial | ||||||
21 | responsibility to children born in and out of
wedlock.
| ||||||
22 | (7) Course material and instruction shall advise | ||||||
23 | pupils of the
circumstances under which it is unlawful for | ||||||
24 | males to have sexual relations
with females under the
age | ||||||
25 | of 18 to whom they are not married pursuant to Article 11 | ||||||
26 | 12 of the
Criminal Code of 2012 1961, as now or hereafter |
| |||||||
| |||||||
1 | amended .
| ||||||
2 | (8) Course material and instruction shall teach pupils | ||||||
3 | to not make
unwanted physical and verbal sexual advances | ||||||
4 | and how to say no to unwanted
sexual advances. Pupils shall | ||||||
5 | be taught that it is wrong to take advantage
of or to | ||||||
6 | exploit another person. The material and instruction shall | ||||||
7 | also
encourage youth to resist negative peer pressure.
| ||||||
8 | (9) (Blank).
| ||||||
9 | (10) Course material and instruction shall teach | ||||||
10 | pupils about the dangers associated with drug and alcohol | ||||||
11 | consumption during pregnancy. | ||||||
12 | (d) An opportunity shall be afforded to parents or | ||||||
13 | guardians to examine
the instructional materials to be used in | ||||||
14 | such class or course.
| ||||||
15 | (Source: P.A. 96-1082, eff. 7-16-10.)
| ||||||
16 | (105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
| ||||||
17 | Sec. 33-2. Eligibility. To be eligible for election to the | ||||||
18 | board, a person
shall be a citizen of
the United States, shall | ||||||
19 | have been a resident of the district for at least one
year | ||||||
20 | immediately preceding his or her election, and
shall not be a | ||||||
21 | child sex offender as defined in Section 11-9.3 of the
Criminal | ||||||
22 | Code of 2012 1961 . Permanent removal from the
district by any | ||||||
23 | member constitutes a resignation from and creates a vacancy
in | ||||||
24 | the board. Board members shall serve without compensation.
| ||||||
25 | Notwithstanding any provisions to the contrary in any |
| |||||||
| |||||||
1 | special charter,
petitions nominating candidates for the board | ||||||
2 | of education shall be signed
by at least 200 voters of the | ||||||
3 | district; and the polls, whether they be
located within a city | ||||||
4 | lying in the district or outside of a city, shall
remain open | ||||||
5 | during the hours specified in the Election Code.
| ||||||
6 | (Source: P.A. 93-309, eff. 1-1-04.)
| ||||||
7 | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| ||||||
8 | Sec. 34-2.1. Local School Councils - Composition - | ||||||
9 | Voter-Eligibility
- Elections - Terms. | ||||||
10 | (a) A local school council shall be established for each | ||||||
11 | attendance
center within the school district. Each local school | ||||||
12 | council shall
consist of the following 12 voting members: the | ||||||
13 | principal of the
attendance center, 2 teachers employed and | ||||||
14 | assigned to perform the
majority of their employment duties at | ||||||
15 | the attendance center, 6 parents of
students currently enrolled | ||||||
16 | at the attendance center, one employee of the school district | ||||||
17 | employed and assigned to perform the majority of his or her | ||||||
18 | employment duties at the attendance center who is not a | ||||||
19 | teacher, and 2 community
residents. Neither the parents nor the | ||||||
20 | community residents who serve as
members of the local school | ||||||
21 | council shall be employees of the Board of
Education. In each | ||||||
22 | secondary attendance center, the local school council
shall | ||||||
23 | consist of 13 voting members -- the 12 voting members described | ||||||
24 | above
and one full-time student member, appointed as provided | ||||||
25 | in subsection
(m) below.
In the event that the chief executive |
| |||||||
| |||||||
1 | officer of the Chicago School Reform
Board of Trustees | ||||||
2 | determines that a local school council is not carrying out
its | ||||||
3 | financial duties effectively, the chief executive officer is | ||||||
4 | authorized to
appoint a representative of the business | ||||||
5 | community with experience in finance
and management
to serve as | ||||||
6 | an advisor to the local school council for
the purpose of | ||||||
7 | providing advice and assistance to the local school council on
| ||||||
8 | fiscal matters.
The advisor shall have access to relevant | ||||||
9 | financial records of the
local school council. The advisor may | ||||||
10 | attend executive sessions.
The chief executive officer shall
| ||||||
11 | issue a written policy defining the circumstances under which a | ||||||
12 | local school
council is not carrying out its financial duties | ||||||
13 | effectively.
| ||||||
14 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
15 | appoint the
members and officers (a Chairperson who shall be a | ||||||
16 | parent member and a
Secretary) of each local school council who | ||||||
17 | shall hold their offices until
their successors shall be | ||||||
18 | elected and qualified. Members so appointed shall
have all the | ||||||
19 | powers and duties of local school councils as set forth in
this | ||||||
20 | amendatory Act of 1991. The Mayor's appointments shall not | ||||||
21 | require
approval by the City Council.
| ||||||
22 | The membership of each local school council shall be | ||||||
23 | encouraged to be
reflective of the racial and ethnic | ||||||
24 | composition of the student population
of the attendance center | ||||||
25 | served by the local school council.
| ||||||
26 | (c) Beginning with the 1995-1996 school year and in every |
| |||||||
| |||||||
1 | even-numbered
year thereafter, the Board shall set second | ||||||
2 | semester Parent Report Card
Pick-up Day for Local School | ||||||
3 | Council elections and may schedule elections at
year-round | ||||||
4 | schools for the same dates as the remainder of the school | ||||||
5 | system.
Elections shall be
conducted as provided herein by the | ||||||
6 | Board of Education in consultation with
the local school | ||||||
7 | council at each attendance center.
| ||||||
8 | (d) Beginning with the 1995-96 school year, the following
| ||||||
9 | procedures shall apply to the election of local school council | ||||||
10 | members at each
attendance center:
| ||||||
11 | (i) The elected members of each local school council | ||||||
12 | shall consist of
the 6 parent members and the 2 community | ||||||
13 | resident members.
| ||||||
14 | (ii) Each elected member shall be elected by the | ||||||
15 | eligible voters of
that attendance center to serve for a | ||||||
16 | two-year term
commencing on July 1
immediately following | ||||||
17 | the election described in subsection
(c). Eligible
voters | ||||||
18 | for each attendance center shall consist of the parents and | ||||||
19 | community
residents for that attendance center.
| ||||||
20 | (iii) Each eligible voter shall be entitled
to cast one | ||||||
21 | vote for up to
a total of 5 candidates, irrespective of | ||||||
22 | whether such candidates are parent
or community resident | ||||||
23 | candidates.
| ||||||
24 | (iv) Each parent voter shall be entitled to vote in the | ||||||
25 | local
school
council election at each attendance center in | ||||||
26 | which he or she has a child
currently enrolled. Each |
| |||||||
| |||||||
1 | community resident voter shall be entitled to
vote in the | ||||||
2 | local school council election at each attendance center for
| ||||||
3 | which he or she resides in the applicable attendance area | ||||||
4 | or voting
district, as the case may be.
| ||||||
5 | (v) Each eligible voter shall be entitled to vote once, | ||||||
6 | but
not more
than once, in the local school council | ||||||
7 | election at each attendance center
at which the voter is | ||||||
8 | eligible to vote.
| ||||||
9 | (vi) The 2 teacher members and the non-teacher employee | ||||||
10 | member of each local school council
shall be
appointed as | ||||||
11 | provided in subsection (l) below each to serve for a
| ||||||
12 | two-year
term coinciding with that of the elected parent | ||||||
13 | and community resident
members.
| ||||||
14 | (vii) At secondary attendance centers, the voting | ||||||
15 | student
member shall
be appointed as provided in subsection | ||||||
16 | (m) below to serve
for a one-year term coinciding with the | ||||||
17 | beginning of the terms of the elected
parent and community | ||||||
18 | members of the local school council.
| ||||||
19 | (e) The Council shall publicize the date and place of the | ||||||
20 | election by
posting notices at the attendance center, in public | ||||||
21 | places within the
attendance boundaries of the attendance | ||||||
22 | center and by distributing notices
to the pupils at the | ||||||
23 | attendance center, and shall utilize such other means
as it | ||||||
24 | deems necessary to maximize the involvement of all eligible | ||||||
25 | voters.
| ||||||
26 | (f) Nomination. The Council shall publicize the opening of |
| |||||||
| |||||||
1 | nominations
by posting notices at the attendance center, in | ||||||
2 | public places within the
attendance boundaries of the | ||||||
3 | attendance center and by distributing notices
to the pupils at | ||||||
4 | the attendance center, and shall utilize such other means
as it | ||||||
5 | deems necessary to maximize the involvement of all eligible | ||||||
6 | voters.
Not less than 2 weeks before the election date, persons | ||||||
7 | eligible to run for
the Council shall submit their name,
date | ||||||
8 | of birth, social
security number, if
available,
and some | ||||||
9 | evidence of eligibility
to the Council. The Council shall | ||||||
10 | encourage nomination of candidates
reflecting the | ||||||
11 | racial/ethnic population of the students at the attendance
| ||||||
12 | center. Each person nominated who runs as a candidate shall | ||||||
13 | disclose, in a
manner determined by the Board, any economic | ||||||
14 | interest held by such person,
by such person's spouse or | ||||||
15 | children, or by each business entity in which
such person has | ||||||
16 | an ownership interest, in any contract with the Board, any
| ||||||
17 | local school council or any public school in the school
| ||||||
18 | district.
Each person
nominated who runs as a candidate shall | ||||||
19 | also disclose, in a manner determined
by the Board, if he or | ||||||
20 | she ever has been convicted of any of the offenses
specified in | ||||||
21 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
22 | provision nor any other provision of this Section shall be | ||||||
23 | deemed to require
the disclosure of any information that is | ||||||
24 | contained in any law enforcement
record or juvenile court | ||||||
25 | record that is confidential or whose accessibility or
| ||||||
26 | disclosure is restricted or prohibited under Section 5-901 or
|
| |||||||
| |||||||
1 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
2 | disclosure shall render a person ineligible
for election or to | ||||||
3 | serve on the local school council. The same
disclosure shall be
| ||||||
4 | required of persons under consideration for appointment to the | ||||||
5 | Council
pursuant to subsections (l) and (m) of this Section.
| ||||||
6 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
7 | convicted of any
of
the
following offenses at any time shall be | ||||||
8 | ineligible for election or appointment
to a local
school | ||||||
9 | council and ineligible for appointment to a local school | ||||||
10 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
11 | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
12 | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||||||
13 | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
14 | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||||||
15 | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, or (ii) any offense committed or attempted in any | ||||||
17 | other
state or
against the laws of the United States, which, if | ||||||
18 | committed or attempted in this
State,
would have been | ||||||
19 | punishable as one or more of the foregoing offenses.
| ||||||
20 | Notwithstanding
disclosure, a person who has been convicted of | ||||||
21 | any of the following offenses
within the
10 years previous to | ||||||
22 | the date of nomination or appointment shall be ineligible
for | ||||||
23 | election or
appointment to a local school council:
(i) those | ||||||
24 | defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||||||
25 | Controlled
Substances Act or (ii) any
offense committed
or | ||||||
26 | attempted in any other state or against the laws of the United |
| |||||||
| |||||||
1 | States,
which, if
committed or attempted in this State, would | ||||||
2 | have been punishable as one or more
of the
foregoing offenses.
| ||||||
3 | Immediately upon election or appointment, incoming local | ||||||
4 | school
council members
shall be
required to undergo a criminal | ||||||
5 | background investigation, to be completed prior
to the member | ||||||
6 | taking office,
in order to identify
any criminal convictions | ||||||
7 | under the offenses enumerated in Section 34-18.5.
The | ||||||
8 | investigation shall be conducted by the Department of State | ||||||
9 | Police in the
same manner as provided for in Section 34-18.5. | ||||||
10 | However, notwithstanding
Section 34-18.5, the social security | ||||||
11 | number shall be provided only if
available.
If it is determined | ||||||
12 | at any time that a local school council member or
member-elect | ||||||
13 | has been convicted
of any of the offenses enumerated in this | ||||||
14 | Section or failed to disclose a
conviction of any of the | ||||||
15 | offenses enumerated in Section 34-18.5, the general
| ||||||
16 | superintendent shall notify the local school council member or | ||||||
17 | member-elect of
such
determination and the local school council | ||||||
18 | member or member-elect shall be
removed from the
local school | ||||||
19 | council by the Board, subject to a hearing,
convened pursuant | ||||||
20 | to Board rule, prior to removal.
| ||||||
21 | (g) At least one week before the election date, the Council | ||||||
22 | shall
publicize, in the manner provided in subsection (e), the | ||||||
23 | names of persons
nominated for election.
| ||||||
24 | (h) Voting shall be in person by secret ballot at the | ||||||
25 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
26 | (i) Candidates receiving the highest number of votes shall |
| |||||||
| |||||||
1 | be declared
elected by the Council. In cases of a tie, the | ||||||
2 | Council shall determine the
winner by lot.
| ||||||
3 | (j) The Council shall certify the results of the election | ||||||
4 | and shall
publish the results in the minutes of the Council.
| ||||||
5 | (k) The general superintendent shall resolve any
disputes
| ||||||
6 | concerning election procedure or results and shall ensure that, | ||||||
7 | except as
provided in subsections (e) and (g), no resources of | ||||||
8 | any attendance center
shall be used to endorse or promote any | ||||||
9 | candidate.
| ||||||
10 | (l) Beginning with the 1995-1996 school year
and in every
| ||||||
11 | even numbered
year thereafter, the Board shall appoint 2 | ||||||
12 | teacher
members to each
local school council. These | ||||||
13 | appointments shall be made in the following
manner:
| ||||||
14 | (i) The Board shall appoint 2 teachers who are
employed | ||||||
15 | and assigned to
perform the majority of
their employment | ||||||
16 | duties at the attendance center
to serve on the local | ||||||
17 | school council of the attendance center for a two-year
term | ||||||
18 | coinciding with the terms of the elected parent and
| ||||||
19 | community members of that local school council. These
| ||||||
20 | appointments shall be made from among those teachers who | ||||||
21 | are nominated in
accordance with subsection (f).
| ||||||
22 | (ii) A non-binding, advisory poll to ascertain the
| ||||||
23 | preferences of the
school staff regarding appointments of | ||||||
24 | teachers to the local school council
for that attendance | ||||||
25 | center shall be conducted in accordance with the
procedures | ||||||
26 | used to elect parent and community Council |
| |||||||
| |||||||
1 | representatives. At
such poll, each member of the school | ||||||
2 | staff shall be entitled to indicate
his or her preference | ||||||
3 | for up to 2 candidates from among those who submitted
| ||||||
4 | statements of candidacy as described above. These | ||||||
5 | preferences shall be
advisory only and the Board shall | ||||||
6 | maintain absolute discretion to appoint
teacher members to | ||||||
7 | local school councils, irrespective of the preferences
| ||||||
8 | expressed in any such poll.
| ||||||
9 | (iii) In the event that a teacher representative is | ||||||
10 | unable to perform
his or her employment duties at the | ||||||
11 | school due to illness, disability, leave of
absence, | ||||||
12 | disciplinary action, or any other reason, the Board shall | ||||||
13 | declare
a temporary vacancy and appoint a replacement | ||||||
14 | teacher representative to serve
on the local school council | ||||||
15 | until such time as the teacher member originally
appointed | ||||||
16 | pursuant to this subsection (l) resumes service at the | ||||||
17 | attendance
center or for the remainder of the term. The | ||||||
18 | replacement teacher
representative shall be appointed in | ||||||
19 | the same manner and by the same procedures
as teacher | ||||||
20 | representatives are appointed in subdivisions (i) and (ii) | ||||||
21 | of this
subsection (l).
| ||||||
22 | (m) Beginning with the 1995-1996 school year, and in every
| ||||||
23 | year thereafter, the Board shall appoint one student member to | ||||||
24 | each
secondary attendance center. These appointments shall be | ||||||
25 | made in the
following manner:
| ||||||
26 | (i) Appointments shall be made from among those |
| |||||||
| |||||||
1 | students who submit
statements of candidacy to the | ||||||
2 | principal of the attendance center, such
statements to be | ||||||
3 | submitted commencing on the first day of the twentieth
week | ||||||
4 | of school and
continuing for 2 weeks thereafter. The form | ||||||
5 | and manner of such candidacy
statements shall be determined | ||||||
6 | by the Board.
| ||||||
7 | (ii) During the twenty-second week of school in every | ||||||
8 | year,
the principal of
each attendance center shall conduct | ||||||
9 | a non-binding, advisory poll to
ascertain the preferences | ||||||
10 | of the school students regarding the appointment
of a | ||||||
11 | student to the local school council for that attendance | ||||||
12 | center. At
such poll, each student shall be entitled to | ||||||
13 | indicate his or her preference
for up to one candidate from | ||||||
14 | among those who submitted statements of
candidacy as | ||||||
15 | described above. The Board shall promulgate rules to ensure
| ||||||
16 | that these non-binding, advisory polls are conducted in a | ||||||
17 | fair and
equitable manner and maximize the involvement of | ||||||
18 | all school students. The
preferences expressed in these | ||||||
19 | non-binding, advisory polls shall be
transmitted by the | ||||||
20 | principal to the Board. However, these preferences
shall be | ||||||
21 | advisory only and the Board shall maintain absolute | ||||||
22 | discretion to
appoint student members to local school | ||||||
23 | councils, irrespective of the
preferences expressed in any | ||||||
24 | such poll.
| ||||||
25 | (iii) For the 1995-96 school year only, appointments | ||||||
26 | shall be made from
among those students who submitted |
| |||||||
| |||||||
1 | statements of candidacy to the principal
of the attendance | ||||||
2 | center during the first 2 weeks of the school year.
The
| ||||||
3 | principal shall communicate the results of any nonbinding, | ||||||
4 | advisory poll to the
Board. These results shall be advisory | ||||||
5 | only, and the Board shall maintain
absolute discretion to | ||||||
6 | appoint student members to local school councils,
| ||||||
7 | irrespective of the preferences expressed in any such poll.
| ||||||
8 | (n) The Board may promulgate such other rules and | ||||||
9 | regulations for
election procedures as may be deemed necessary | ||||||
10 | to ensure fair elections.
| ||||||
11 | (o) In the event that a vacancy occurs during a member's | ||||||
12 | term, the
Council shall appoint a person eligible to serve on | ||||||
13 | the Council, to fill
the unexpired term created by the vacancy, | ||||||
14 | except that any teacher vacancy
shall be filled by the Board | ||||||
15 | after considering the preferences of the school
staff as | ||||||
16 | ascertained through a non-binding advisory poll of school | ||||||
17 | staff.
| ||||||
18 | (p) If less than the specified number of persons is elected | ||||||
19 | within each
candidate category, the newly elected local school | ||||||
20 | council shall appoint
eligible persons to serve as members of | ||||||
21 | the Council for two-year terms.
| ||||||
22 | (q) The Board shall promulgate rules regarding conflicts of | ||||||
23 | interest
and disclosure of economic interests which shall apply | ||||||
24 | to local school
council members and which shall require reports | ||||||
25 | or statements to be filed
by Council members at regular | ||||||
26 | intervals with the Secretary of the
Board. Failure to comply |
| |||||||
| |||||||
1 | with such rules
or intentionally falsifying such reports shall | ||||||
2 | be grounds for
disqualification from local school council | ||||||
3 | membership. A vacancy on the
Council for disqualification may | ||||||
4 | be so declared by the Secretary of the
Board. Rules regarding | ||||||
5 | conflicts of interest and disclosure of
economic interests | ||||||
6 | promulgated by the Board shall apply to local school council
| ||||||
7 | members. No less than 45 days prior to the deadline, the | ||||||
8 | general
superintendent shall provide notice, by mail, to each | ||||||
9 | local school council
member of all requirements and forms for | ||||||
10 | compliance with economic interest
statements.
| ||||||
11 | (r) (1) If a parent member of a local school council ceases | ||||||
12 | to have any
child
enrolled in the attendance center governed by | ||||||
13 | the Local School Council due to
the graduation or voluntary | ||||||
14 | transfer of a child or children from the attendance
center, the | ||||||
15 | parent's membership on the Local School Council and all voting
| ||||||
16 | rights are terminated immediately as of the date of the child's | ||||||
17 | graduation or
voluntary transfer. If the child of a parent | ||||||
18 | member of a local school council dies during the member's term | ||||||
19 | in office, the member may continue to serve on the local school | ||||||
20 | council for the balance of his or her term. Further,
a local | ||||||
21 | school council member may be removed from the Council by a
| ||||||
22 | majority vote of the Council as provided in subsection (c) of | ||||||
23 | Section
34-2.2 if the Council member has missed 3 consecutive | ||||||
24 | regular meetings, not
including committee meetings, or 5 | ||||||
25 | regular meetings in a 12 month period,
not including committee | ||||||
26 | meetings.
If a parent member of a local school council ceases |
| |||||||
| |||||||
1 | to be eligible to serve
on the Council for any other reason, he | ||||||
2 | or she shall be removed by the Board
subject
to a hearing, | ||||||
3 | convened pursuant to Board rule, prior to removal.
A vote to | ||||||
4 | remove a Council member by the local school council shall
only | ||||||
5 | be valid if the Council member has been notified personally or | ||||||
6 | by
certified mail, mailed to the person's last known address, | ||||||
7 | of the Council's
intent to vote on the Council member's removal | ||||||
8 | at least 7 days prior to the
vote. The Council member in | ||||||
9 | question shall have the right to explain
his or her actions and | ||||||
10 | shall be eligible to vote on the
question of his or her removal | ||||||
11 | from the Council. The provisions of this
subsection shall be | ||||||
12 | contained within the petitions used to nominate Council
| ||||||
13 | candidates.
| ||||||
14 | (2) A person may continue to serve as a community resident | ||||||
15 | member of a
local
school council as long as he or she resides | ||||||
16 | in the attendance area served by
the
school and is not employed | ||||||
17 | by the Board nor is a parent of a student enrolled
at the | ||||||
18 | school. If a community resident member ceases to be eligible to | ||||||
19 | serve
on the Council, he or she shall be removed by the Board | ||||||
20 | subject to a hearing,
convened pursuant to Board rule, prior to | ||||||
21 | removal.
| ||||||
22 | (3) A person may continue to serve as a teacher member of a | ||||||
23 | local school
council as long as he or she is employed and | ||||||
24 | assigned to perform a majority of
his or her duties at the | ||||||
25 | school, provided that if the teacher representative
resigns | ||||||
26 | from employment with the Board or
voluntarily transfers to |
| |||||||
| |||||||
1 | another school, the teacher's membership on the local
school | ||||||
2 | council and all voting rights are terminated immediately as of | ||||||
3 | the date
of the teacher's resignation or upon the date of the | ||||||
4 | teacher's voluntary
transfer to another school. If a teacher | ||||||
5 | member of a local school council
ceases to be eligible to serve | ||||||
6 | on a local school council for any other reason,
that member | ||||||
7 | shall be removed by the Board subject to a hearing, convened
| ||||||
8 | pursuant to Board rule, prior to removal.
| ||||||
9 | (Source: P.A. 95-1015, eff. 12-15-08; 96-1412, eff. 1-1-11; | ||||||
10 | 96-1551, eff. 7-1-11 .)
| ||||||
11 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| ||||||
12 | Sec. 34-4. Eligibility. To be eligible for appointment to | ||||||
13 | the board, a
person shall be a citizen of the United States, | ||||||
14 | shall be a registered voter
as provided in the Election Code, | ||||||
15 | shall have been a resident of the city for at
least 3 years | ||||||
16 | immediately
preceding his or her appointment, and shall not be | ||||||
17 | a child sex offender
as defined in Section 11-9.3 of the
| ||||||
18 | Criminal Code of 2012 1961 . Permanent removal from the city by | ||||||
19 | any member of
the board during his term of office constitutes a | ||||||
20 | resignation therefrom and
creates a vacancy in the board. | ||||||
21 | Except for the President of the Chicago
School Reform Board of | ||||||
22 | Trustees who may be paid compensation for his or her
services | ||||||
23 | as chief executive officer as determined by the Mayor as | ||||||
24 | provided in
subsection (a) of Section 34-3, board members shall | ||||||
25 | serve without any
compensation; provided, that board members |
| |||||||
| |||||||
1 | shall be reimbursed for expenses
incurred while in the | ||||||
2 | performance of their duties upon submission of proper
receipts | ||||||
3 | or upon submission of a signed voucher in the case of an | ||||||
4 | expense
allowance evidencing the amount of such reimbursement | ||||||
5 | or allowance to the
president of the board for verification and | ||||||
6 | approval. The board of
education may continue to provide health | ||||||
7 | care insurance coverage, employer
pension contributions, | ||||||
8 | employee pension contributions, and life insurance
premium | ||||||
9 | payments for an employee required to resign from
an | ||||||
10 | administrative, teaching, or career service position in order | ||||||
11 | to qualify
as a member of the board of education. They shall | ||||||
12 | not hold other public
office under the Federal, State or any | ||||||
13 | local government other than that of
Director of the Regional | ||||||
14 | Transportation Authority, member of the economic
development | ||||||
15 | commission of a city having a population exceeding 500,000,
| ||||||
16 | notary public or member of the National Guard, and by accepting | ||||||
17 | any such
office while members of the board, or by not resigning | ||||||
18 | any such office held
at the time of being appointed to the | ||||||
19 | board within 30 days after such
appointment, shall be deemed to | ||||||
20 | have vacated their membership in the board.
| ||||||
21 | (Source: P.A. 93-309, eff. 1-1-04.)
| ||||||
22 | (105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
| ||||||
23 | Sec. 34-84a.1. Principals shall report incidents of | ||||||
24 | intimidation. The
principal of each attendance center shall | ||||||
25 | promptly notify and report to the
local law enforcement |
| |||||||
| |||||||
1 | authorities for inclusion in the Department of State
Police's | ||||||
2 | Illinois Uniform Crime Reporting Program each incident of
| ||||||
3 | intimidation of which he or she has knowledge and each alleged | ||||||
4 | incident of
intimidation which is reported to him or her, | ||||||
5 | either orally or in writing,
by any pupil or by any teacher or | ||||||
6 | other certificated or non-certificated
personnel employed at | ||||||
7 | the attendance center. "Intimidation" shall have the
meaning | ||||||
8 | ascribed to it by Section 12-6 of the Criminal Code of 2012 | ||||||
9 | 1961 .
| ||||||
10 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
11 | (105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
| ||||||
12 | Sec. 34-84b. Conviction of sex or narcotics offense, first | ||||||
13 | degree murder,
attempted first degree murder, or Class X felony | ||||||
14 | as grounds for
revocation
of certificate. | ||||||
15 | (a) Whenever the holder of any certificate issued by the | ||||||
16 | board
of education has been convicted of any sex offense or | ||||||
17 | narcotics offense
as defined in this Section, the board of | ||||||
18 | education shall forthwith suspend
the certificate. If the | ||||||
19 | conviction is reversed and the holder is acquitted
of the | ||||||
20 | offense in a new trial or the charges against him are | ||||||
21 | dismissed,
the board shall forthwith terminate the suspension | ||||||
22 | of the certificate.
When the conviction becomes final, the | ||||||
23 | board shall forthwith revoke the
certificate. "Sex offense" as | ||||||
24 | used in this Section means any one or more
of the following | ||||||
25 | offenses: (1) any offense defined in Sections 11-6,
11-9, and |
| |||||||
| |||||||
1 | 11-30, Sections
11-14 through 11-21, inclusive, and Sections | ||||||
2 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
3 | 12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 ; (2) any attempt to commit any of the | ||||||
5 | foregoing
offenses, and (3) any offense committed or attempted | ||||||
6 | in any other state
which, if committed or attempted in this | ||||||
7 | State, would have been punishable
as one or more of the | ||||||
8 | foregoing offenses. "Narcotics offense" as used in
this Section | ||||||
9 | means any one or more of the following offenses: (1) any | ||||||
10 | offense
defined in the Cannabis Control Act except those | ||||||
11 | defined in Sections 4(a),
4(b) and 5(a) of that Act and any | ||||||
12 | offense for which the holder of any
certificate
is placed on | ||||||
13 | probation under the provisions of Section 10 of that Act and
| ||||||
14 | fulfills the terms and conditions of probation as may be | ||||||
15 | required by the
court; (2) any offense defined in the Illinois
| ||||||
16 | Controlled Substances Act except any offense for which the | ||||||
17 | holder of any
certificate is placed on probation under the | ||||||
18 | provisions of Section 410 of
that Act and fulfills the terms | ||||||
19 | and conditions of probation as may be required
by the court; | ||||||
20 | (3) any offense defined in the Methamphetamine Control and | ||||||
21 | Community Protection Act except any offense for which the | ||||||
22 | holder of any certificate is placed on probation under the | ||||||
23 | provision of Section 70 of that Act and fulfills the terms and | ||||||
24 | conditions of probation as may be required by the court; (4) | ||||||
25 | any attempt to commit any of the foregoing
offenses; and (5) | ||||||
26 | any offense committed or attempted in any other state
or |
| |||||||
| |||||||
1 | against the laws of the United States which, if committed or | ||||||
2 | attempted
in this State, would have been punishable as one or | ||||||
3 | more of the foregoing
offenses.
| ||||||
4 | (b) Whenever the holder of any certificate issued by the | ||||||
5 | board of
education or pursuant to Article 21 or any other | ||||||
6 | provisions of the School Code
has been convicted of first | ||||||
7 | degree
murder, attempted first degree murder, or a
Class X | ||||||
8 | felony, the board of education or the State Superintendent of
| ||||||
9 | Education shall forthwith suspend the certificate. If the | ||||||
10 | conviction is
reversed and the holder is acquitted of that | ||||||
11 | offense in a new trial or the
charges that he or she committed | ||||||
12 | that offense are dismissed, the suspending
authority shall | ||||||
13 | forthwith terminate the suspension of the certificate. When
the | ||||||
14 | conviction becomes final, the State Superintendent of | ||||||
15 | Education shall
forthwith revoke the certificate. The stated | ||||||
16 | offenses of "first degree
murder", "attempted first degree | ||||||
17 | murder", and "Class X felony" referred to in
this Section | ||||||
18 | include any offense committed in another state that, if | ||||||
19 | committed
in this State, would have been punishable as any one | ||||||
20 | of the stated offenses.
| ||||||
21 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
22 | Section 240. The Medical School Matriculant Criminal | ||||||
23 | History Records Check Act is amended by changing Section 5 as | ||||||
24 | follows: |
| |||||||
| |||||||
1 | (110 ILCS 57/5) | ||||||
2 | Sec. 5. Definitions. | ||||||
3 | "Matriculant" means an individual who is conditionally | ||||||
4 | admitted as a student to a medical school located in Illinois, | ||||||
5 | pending the medical school's consideration of his or her | ||||||
6 | criminal history records check under this Act. | ||||||
7 | "Sex offender" means any person who is convicted pursuant | ||||||
8 | to Illinois law or any
substantially similar federal, Uniform | ||||||
9 | Code of Military
Justice, sister state, or foreign country law | ||||||
10 | with any of
the following sex offenses set forth in the | ||||||
11 | Criminal Code
of 1961 or the Criminal Code of 2012 : | ||||||
12 | (1) Indecent solicitation of a child. | ||||||
13 | (2) Sexual exploitation of a child. | ||||||
14 | (3) Custodial sexual misconduct. | ||||||
15 | (4) Exploitation of a child. | ||||||
16 | (5) Child pornography. | ||||||
17 | (6) Aggravated child pornography. | ||||||
18 | "Violent felony" means any of the following offenses, as
| ||||||
19 | defined by the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012 : | ||||||
21 | (1) First degree murder. | ||||||
22 | (2) Second degree murder. | ||||||
23 | (3) Predatory criminal sexual assault of a child. | ||||||
24 | (4) Aggravated criminal sexual assault. | ||||||
25 | (5) Criminal sexual assault. | ||||||
26 | (6) Aggravated arson. |
| |||||||
| |||||||
1 | (7) Aggravated kidnapping. | ||||||
2 | (8) Kidnapping. | ||||||
3 | (9) Aggravated battery resulting in great bodily harm | ||||||
4 | or permanent disability or disfigurement.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
6 | Section 245. The Board of Higher Education Act is amended | ||||||
7 | by changing Section 9.21 as follows:
| ||||||
8 | (110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
| ||||||
9 | Sec. 9.21. Human Relations.
| ||||||
10 | (a) The Board shall monitor, budget, evaluate, and report | ||||||
11 | to the General
Assembly in accordance with Section 9.16 of this | ||||||
12 | Act on programs to improve
human relations to include race, | ||||||
13 | ethnicity, gender and other issues related
to improving human | ||||||
14 | relations. The programs shall at least:
| ||||||
15 | (1) require each public institution of higher | ||||||
16 | education to include, in
the general education | ||||||
17 | requirements for obtaining a degree, coursework on
| ||||||
18 | improving human relations to include race, ethnicity, | ||||||
19 | gender and other
issues related to improving human | ||||||
20 | relations to address racism and sexual
harassment on their | ||||||
21 | campuses, through existing courses;
| ||||||
22 | (2) require each public institution of higher | ||||||
23 | education to report
monthly to the Department of Human | ||||||
24 | Rights and the Attorney General on each
adjudicated case in |
| |||||||
| |||||||
1 | which a finding of racial, ethnic or religious
intimidation | ||||||
2 | or sexual harassment made in a grievance, affirmative | ||||||
3 | action
or other proceeding established by that institution | ||||||
4 | to investigate and
determine allegations of racial, ethnic | ||||||
5 | or religious intimidation and
sexual harassment; and
| ||||||
6 | (3) require each public institution of higher | ||||||
7 | education to forward to
the local State's Attorney any | ||||||
8 | report received by campus security or by a
university | ||||||
9 | police department alleging the commission of a hate crime | ||||||
10 | as
defined under Section 12-7.1 of the Criminal Code of | ||||||
11 | 2012 1961 .
| ||||||
12 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
13 | Section 250. The Residential Mortgage License Act of 1987 | ||||||
14 | is amended by changing Section 4-7 as follows: | ||||||
15 | (205 ILCS 635/4-7) | ||||||
16 | Sec. 4-7. Additional investigation and examination | ||||||
17 | authority. In addition to any authority allowed under this Act, | ||||||
18 | the Director shall have the authority to conduct investigations | ||||||
19 | and examinations as follows: | ||||||
20 | (a) For purposes of initial licensing, license renewal, | ||||||
21 | license suspension, license conditioning, license revocation | ||||||
22 | or termination, or general or specific inquiry or investigation | ||||||
23 | to determine compliance with this Act, the Commissioner shall | ||||||
24 | have the authority to access, receive, and use any books, |
| |||||||
| |||||||
1 | accounts, records, files, documents, information, or evidence | ||||||
2 | including, but not limited to, the following: | ||||||
3 | (1) criminal, civil, and administrative history | ||||||
4 | information, including nonconviction data as specified in | ||||||
5 | the Criminal Code of 2012 1961 ; | ||||||
6 | (2) personal history and experience information, | ||||||
7 | including independent credit reports obtained from a | ||||||
8 | consumer reporting agency described in Section 603(p) of | ||||||
9 | the federal Fair Credit Reporting Act; and | ||||||
10 | (3) any other documents, information, or evidence the | ||||||
11 | Commissioner deems relevant to the inquiry or | ||||||
12 | investigation regardless of the location, possession, | ||||||
13 | control, or custody of the documents, information, or | ||||||
14 | evidence. | ||||||
15 | (b) For the purposes of investigating violations or | ||||||
16 | complaints arising under this Act, or for the purposes of | ||||||
17 | examination, the Commissioner may review, investigate, or | ||||||
18 | examine any licensee, individual, or person subject to this | ||||||
19 | Act, as often as necessary in order to carry out the purposes | ||||||
20 | of this Act. The Commissioner may direct, subpoena, or order | ||||||
21 | the attendance of and examine under oath all persons whose | ||||||
22 | testimony may be required about the loans or the business or | ||||||
23 | subject matter of any such examination or investigation, and | ||||||
24 | may direct, subpoena, or order the person to produce books, | ||||||
25 | accounts, records, files, and any other documents the | ||||||
26 | Commissioner deems relevant to the inquiry. |
| |||||||
| |||||||
1 | (c) Each licensee, individual, or person subject to this | ||||||
2 | Act shall make available to the Commissioner upon request the | ||||||
3 | books and records relating to the operations of such licensee, | ||||||
4 | individual, or person subject to this Act. The Commissioner | ||||||
5 | shall have access to such books and records and interview the | ||||||
6 | officers, principals, mortgage loan originators, employees, | ||||||
7 | independent contractors, agents, and customers of the | ||||||
8 | licensee, individual, or person subject to this Act concerning | ||||||
9 | their business. | ||||||
10 | (d) Each licensee, individual, or person subject to this | ||||||
11 | Act shall make or compile reports or prepare other information | ||||||
12 | as directed by the Commissioner in order to carry out the | ||||||
13 | purposes of this Section including, but not limited to: | ||||||
14 | (1) accounting compilations; | ||||||
15 | (2) information lists and data concerning loan | ||||||
16 | transactions in a format prescribed by the Commissioner; or | ||||||
17 | (3) other information deemed necessary to carry out the | ||||||
18 | purposes of this Section. | ||||||
19 | (e) In making any examination or investigation authorized | ||||||
20 | by this Act, the Commissioner may control access to any | ||||||
21 | documents and records of the licensee or person under | ||||||
22 | examination or investigation. The Commissioner may take | ||||||
23 | possession of the documents and records or place a person in | ||||||
24 | exclusive charge of the documents and records in the place | ||||||
25 | where they are usually kept. During the period of control, no | ||||||
26 | individual or person shall remove or attempt to remove any of |
| |||||||
| |||||||
1 | the documents and records except pursuant to a court order or | ||||||
2 | with the consent of the Commissioner. Unless the Commissioner | ||||||
3 | has reasonable grounds to believe the documents or records of | ||||||
4 | the licensee have been, or are at risk of being altered or | ||||||
5 | destroyed for purposes of concealing a violation of this Act, | ||||||
6 | the licensee or owner of the documents and records shall have | ||||||
7 | access to the documents or records as necessary to conduct its | ||||||
8 | ordinary business affairs. | ||||||
9 | (f) In order to carry out the purposes of this Section, the | ||||||
10 | Commissioner may: | ||||||
11 | (1) retain attorneys, accountants, or other | ||||||
12 | professionals and specialists as examiners, auditors, or | ||||||
13 | investigators to conduct or assist in the conduct of | ||||||
14 | examinations or investigations; | ||||||
15 | (2) enter into agreements or relationships with other | ||||||
16 | government officials or regulatory associations in order | ||||||
17 | to improve efficiencies and reduce regulatory burden by | ||||||
18 | sharing resources, standardized or uniform methods or | ||||||
19 | procedures, and documents, records, information or | ||||||
20 | evidence obtained under this Section; | ||||||
21 | (3) use, hire, contract, or employ public or privately | ||||||
22 | available analytical systems, methods, or software to | ||||||
23 | examine or investigate the licensee, individual, or person | ||||||
24 | subject to this Act; | ||||||
25 | (4) accept and rely on examination or investigation | ||||||
26 | reports made by other government officials, within or |
| |||||||
| |||||||
1 | without this State; or | ||||||
2 | (5) accept audit reports made by an independent | ||||||
3 | certified public accountant for the licensee, individual, | ||||||
4 | or person subject to this Act in the course of that part of | ||||||
5 | the examination covering the same general subject matter as | ||||||
6 | the audit and may incorporate the audit report in the | ||||||
7 | report of the examination, report of investigation, or | ||||||
8 | other writing of the Commissioner. | ||||||
9 | (g) The authority of this Section shall remain in effect, | ||||||
10 | whether such a licensee, individual, or person subject to this | ||||||
11 | Act acts or claims to act under any licensing or registration | ||||||
12 | law of this State, or claims to act without the authority. | ||||||
13 | (h) No licensee, individual, or person subject to | ||||||
14 | investigation or examination under this Section may knowingly | ||||||
15 | withhold, abstract, remove, mutilate, destroy, or secrete any | ||||||
16 | books, records, computer records, or other information.
| ||||||
17 | (Source: P.A. 96-112, eff. 7-31-09.) | ||||||
18 | Section 255. The Nursing Home Care Act is amended by | ||||||
19 | changing Section 3-702 as follows:
| ||||||
20 | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| ||||||
21 | Sec. 3-702.
(a) A person who believes that this Act or a | ||||||
22 | rule promulgated
under this Act may have been violated may | ||||||
23 | request an investigation. The
request may be submitted to the | ||||||
24 | Department in writing, by telephone, or by
personal visit. An |
| |||||||
| |||||||
1 | oral complaint shall be reduced to writing by the
Department. | ||||||
2 | The Department shall request information identifying the
| ||||||
3 | complainant, including the name, address and telephone number, | ||||||
4 | to help
enable appropriate follow-up. The Department shall act | ||||||
5 | on such complaints
via on-site visits or other methods deemed | ||||||
6 | appropriate to handle the
complaints with or without such | ||||||
7 | identifying information, as otherwise
provided under this | ||||||
8 | Section. The complainant shall be informed that
compliance with | ||||||
9 | such request is not required to satisfy the procedures for
| ||||||
10 | filing a complaint under this Act.
| ||||||
11 | (b) The substance of the complaint shall be provided in | ||||||
12 | writing to the
licensee, owner or administrator no earlier than | ||||||
13 | at the commencement of an
on-site inspection of the facility | ||||||
14 | which takes place pursuant to the complaint.
| ||||||
15 | (c) The Department shall not disclose the name of the | ||||||
16 | complainant unless
the complainant consents in writing to the | ||||||
17 | disclosure or the investigation
results in a judicial | ||||||
18 | proceeding, or unless disclosure is essential to the
| ||||||
19 | investigation. The complainant shall be given the opportunity | ||||||
20 | to withdraw
the complaint before disclosure. Upon the request | ||||||
21 | of the complainant, the
Department may permit the complainant | ||||||
22 | or a representative of the complainant
to accompany the person | ||||||
23 | making the on-site inspection of the facility.
| ||||||
24 | (d) Upon receipt of a complaint, the Department shall | ||||||
25 | determine whether this
Act or a rule promulgated under this Act | ||||||
26 | has been or is being violated. The
Department shall investigate |
| |||||||
| |||||||
1 | all complaints alleging abuse or neglect within
7 days after | ||||||
2 | the receipt of the complaint except that complaints of abuse
or | ||||||
3 | neglect which indicate that a resident's life or safety is in | ||||||
4 | imminent
danger shall be investigated within 24 hours after | ||||||
5 | receipt of the
complaint. All other complaints shall be | ||||||
6 | investigated within 30 days after
the receipt of the complaint. | ||||||
7 | The Department employees investigating a
complaint shall | ||||||
8 | conduct a brief, informal exit conference with the facility
to | ||||||
9 | alert its administration of any suspected serious deficiency | ||||||
10 | that poses
a direct threat to the health, safety or welfare of | ||||||
11 | a resident to enable an
immediate correction for the | ||||||
12 | alleviation or elimination of such threat.
Such information and | ||||||
13 | findings discussed in the brief exit conference shall
become a | ||||||
14 | part of the investigating record but shall not in any way
| ||||||
15 | constitute an official or final notice of violation as provided | ||||||
16 | under
Section 3-301. All complaints shall be classified as
"an | ||||||
17 | invalid report", "a valid report", or "an undetermined
report". | ||||||
18 | For any complaint classified as "a valid report", the
| ||||||
19 | Department must determine within 30 working days
if any rule or | ||||||
20 | provision of this Act has been or is being violated.
| ||||||
21 | (d-1) The Department shall, whenever possible, combine an | ||||||
22 | on-site
investigation of a complaint in a facility with other | ||||||
23 | inspections in order
to avoid duplication of inspections.
| ||||||
24 | (e) In all cases, the Department shall inform the | ||||||
25 | complainant of its
findings within 10 days of its determination | ||||||
26 | unless otherwise indicated
by the complainant, and the |
| |||||||
| |||||||
1 | complainant may direct the Department to
send a copy of such | ||||||
2 | findings to another person. The Department's findings
may | ||||||
3 | include comments or documentation provided by either the | ||||||
4 | complainant
or the licensee pertaining to the complaint. The | ||||||
5 | Department shall also
notify the facility of such findings | ||||||
6 | within 10 days of the determination,
but the name of the | ||||||
7 | complainant or residents shall not be disclosed in this
notice | ||||||
8 | to the facility. The notice of such
findings shall include a | ||||||
9 | copy of the written determination; the
correction order, if | ||||||
10 | any; the warning notice, if any; the inspection
report; or the | ||||||
11 | State licensure form on which the violation is listed.
| ||||||
12 | (f) A written determination, correction order, or warning | ||||||
13 | notice
concerning a complaint, together with the facility's | ||||||
14 | response, shall be
available for public inspection, but the | ||||||
15 | name of the complainant or
resident shall not be disclosed | ||||||
16 | without his consent.
| ||||||
17 | (g) A complainant who is dissatisfied with the | ||||||
18 | determination or
investigation by the Department may request a | ||||||
19 | hearing under Section
3-703. The facility shall be given notice | ||||||
20 | of any such
hearing and may participate in the hearing as a | ||||||
21 | party. If a facility
requests a hearing under Section 3-703 | ||||||
22 | which
concerns a matter covered by a complaint, the complainant | ||||||
23 | shall be given
notice and may participate in the hearing as a | ||||||
24 | party. A request
for a hearing by either a complainant or a | ||||||
25 | facility shall be
submitted in writing to the Department within | ||||||
26 | 30 days after the mailing
of the Department's findings as |
| |||||||
| |||||||
1 | described in subsection (e) of this
Section. Upon receipt of | ||||||
2 | the request the Department shall conduct a hearing
as provided | ||||||
3 | under Section 3-703.
| ||||||
4 | (h) Any person who knowingly transmits a false report to | ||||||
5 | the
Department commits the offense of disorderly conduct under | ||||||
6 | subsection
(a)(8) of Section 26-1 of the " Criminal Code of 2012 | ||||||
7 | 1961" .
| ||||||
8 | (Source: P.A. 85-1378 .)
| ||||||
9 | Section 260. The ID/DD Community Care Act is amended by | ||||||
10 | changing Section 3-702 as follows: | ||||||
11 | (210 ILCS 47/3-702)
| ||||||
12 | Sec. 3-702. Request for investigation of violation. | ||||||
13 | (a) A person who believes that this Act or a rule | ||||||
14 | promulgated under this Act may have been violated may request | ||||||
15 | an investigation. The request may be submitted to the | ||||||
16 | Department in writing, by telephone, or by personal visit. An | ||||||
17 | oral complaint shall be reduced to writing by the Department. | ||||||
18 | The Department shall request information identifying the | ||||||
19 | complainant, including the name, address and telephone number, | ||||||
20 | to help enable appropriate follow up. The Department shall act | ||||||
21 | on such complaints via on-site visits or other methods deemed | ||||||
22 | appropriate to handle the complaints with or without such | ||||||
23 | identifying information, as otherwise provided under this | ||||||
24 | Section. The complainant shall be informed that compliance with |
| |||||||
| |||||||
1 | such request is not required to satisfy the procedures for | ||||||
2 | filing a complaint under this Act. | ||||||
3 | (b) The substance of the complaint shall be provided in | ||||||
4 | writing to the licensee, owner or administrator no earlier than | ||||||
5 | at the commencement of an on-site inspection of the facility | ||||||
6 | which takes place pursuant to the complaint. | ||||||
7 | (c) The Department shall not disclose the name of the | ||||||
8 | complainant unless the complainant consents in writing to the | ||||||
9 | disclosure or the investigation results in a judicial | ||||||
10 | proceeding, or unless disclosure is essential to the | ||||||
11 | investigation. The complainant shall be given the opportunity | ||||||
12 | to withdraw the complaint before disclosure. Upon the request | ||||||
13 | of the complainant, the Department may permit the complainant | ||||||
14 | or a representative of the complainant to accompany the person | ||||||
15 | making the on-site inspection of the facility. | ||||||
16 | (d) Upon receipt of a complaint, the Department shall | ||||||
17 | determine whether this Act or a rule promulgated under this Act | ||||||
18 | has been or is being violated. The Department shall investigate | ||||||
19 | all complaints alleging abuse or neglect within 7 days after | ||||||
20 | the receipt of the complaint except that complaints of abuse or | ||||||
21 | neglect which indicate that a resident's life or safety is in | ||||||
22 | imminent danger shall be investigated within 24 hours after | ||||||
23 | receipt of the complaint. All other complaints shall be | ||||||
24 | investigated within 30 days after the receipt of the complaint. | ||||||
25 | The Department employees investigating a complaint shall | ||||||
26 | conduct a brief, informal exit conference with the facility to |
| |||||||
| |||||||
1 | alert its administration of any suspected serious deficiency | ||||||
2 | that poses a direct threat to the health, safety or welfare of | ||||||
3 | a resident to enable an immediate correction for the | ||||||
4 | alleviation or elimination of such threat. Such information and | ||||||
5 | findings discussed in the brief exit conference shall become a | ||||||
6 | part of the investigating record but shall not in any way | ||||||
7 | constitute an official or final notice of violation as provided | ||||||
8 | under Section 3-301. All complaints shall be classified as "an | ||||||
9 | invalid report", "a valid report", or "an undetermined report". | ||||||
10 | For any complaint classified as "a valid report", the | ||||||
11 | Department must determine within 30 working days if any rule or | ||||||
12 | provision of this Act has been or is being violated. | ||||||
13 | (d-1) The Department shall, whenever possible, combine an | ||||||
14 | on site investigation of a complaint in a facility with other | ||||||
15 | inspections in order to avoid duplication of inspections. | ||||||
16 | (e) In all cases, the Department shall inform the | ||||||
17 | complainant of its findings within 10 days of its determination | ||||||
18 | unless otherwise indicated by the complainant, and the | ||||||
19 | complainant may direct the Department to send a copy of such | ||||||
20 | findings to another person. The Department's findings may | ||||||
21 | include comments or documentation provided by either the | ||||||
22 | complainant or the licensee pertaining to the complaint. The | ||||||
23 | Department shall also notify the facility of such findings | ||||||
24 | within 10 days of the determination, but the name of the | ||||||
25 | complainant or residents shall not be disclosed in this notice | ||||||
26 | to the facility. The notice of such findings shall include a |
| |||||||
| |||||||
1 | copy of the written determination; the correction order, if | ||||||
2 | any; the warning notice, if any; the inspection report; or the | ||||||
3 | State licensure form on which the violation is listed. | ||||||
4 | (f) A written determination, correction order, or warning | ||||||
5 | notice concerning a complaint, together with the facility's | ||||||
6 | response, shall be available for public inspection, but the | ||||||
7 | name of the complainant or resident shall not be disclosed | ||||||
8 | without his or her consent. | ||||||
9 | (g) A complainant who is dissatisfied with the | ||||||
10 | determination or investigation by the Department may request a | ||||||
11 | hearing under Section 3-703. The facility shall be given notice | ||||||
12 | of any such hearing and may participate in the hearing as a | ||||||
13 | party. If a facility requests a hearing under Section 3-703 | ||||||
14 | which concerns a matter covered by a complaint, the complainant | ||||||
15 | shall be given notice and may participate in the hearing as a | ||||||
16 | party. A request for a hearing by either a complainant or a | ||||||
17 | facility shall be submitted in writing to the Department within | ||||||
18 | 30 days after the mailing of the Department's findings as | ||||||
19 | described in subsection (e) of this Section. Upon receipt of | ||||||
20 | the request the Department shall conduct a hearing as provided | ||||||
21 | under Section 3-703. | ||||||
22 | (h) Any person who knowingly transmits a false report to | ||||||
23 | the Department commits the offense of disorderly conduct under | ||||||
24 | subsection (a)(8) of Section 26-1 of the Criminal Code of 2012 | ||||||
25 | 1961 .
| ||||||
26 | (Source: P.A. 96-339, eff. 7-1-10 .) |
| |||||||
| |||||||
1 | Section 265. The Specialized Mental Health Rehabilitation | ||||||
2 | Act is amended by changing Section 3-702 as follows: | ||||||
3 | (210 ILCS 48/3-702)
| ||||||
4 | Sec. 3-702. Request for investigation of violation. | ||||||
5 | (a) A person who believes that this Act or a rule | ||||||
6 | promulgated under this Act may have been violated may request | ||||||
7 | an investigation. The request may be submitted to the | ||||||
8 | Department in writing, by telephone, or by personal visit. An | ||||||
9 | oral complaint shall be reduced to writing by the Department. | ||||||
10 | The Department shall request information identifying the | ||||||
11 | complainant, including the name, address and telephone number, | ||||||
12 | to help enable appropriate follow up. The Department shall act | ||||||
13 | on such complaints via on-site visits or other methods deemed | ||||||
14 | appropriate to handle the complaints with or without such | ||||||
15 | identifying information, as otherwise provided under this | ||||||
16 | Section. The complainant shall be informed that compliance with | ||||||
17 | such request is not required to satisfy the procedures for | ||||||
18 | filing a complaint under this Act. | ||||||
19 | (b) The substance of the complaint shall be provided in | ||||||
20 | writing to the licensee, owner or administrator no earlier than | ||||||
21 | at the commencement of an on-site inspection of the facility | ||||||
22 | which takes place pursuant to the complaint. | ||||||
23 | (c) The Department shall not disclose the name of the | ||||||
24 | complainant unless the complainant consents in writing to the |
| |||||||
| |||||||
1 | disclosure or the investigation results in a judicial | ||||||
2 | proceeding, or unless disclosure is essential to the | ||||||
3 | investigation. The complainant shall be given the opportunity | ||||||
4 | to withdraw the complaint before disclosure. Upon the request | ||||||
5 | of the complainant, the Department may permit the complainant | ||||||
6 | or a representative of the complainant to accompany the person | ||||||
7 | making the on-site inspection of the facility. | ||||||
8 | (d) Upon receipt of a complaint, the Department shall | ||||||
9 | determine whether this Act or a rule promulgated under this Act | ||||||
10 | has been or is being violated. The Department shall investigate | ||||||
11 | all complaints alleging abuse or neglect within 7 days after | ||||||
12 | the receipt of the complaint except that complaints of abuse or | ||||||
13 | neglect which indicate that a resident's life or safety is in | ||||||
14 | imminent danger shall be investigated within 24 hours after | ||||||
15 | receipt of the complaint. All other complaints shall be | ||||||
16 | investigated within 30 days after the receipt of the complaint. | ||||||
17 | The Department employees investigating a complaint shall | ||||||
18 | conduct a brief, informal exit conference with the facility to | ||||||
19 | alert its administration of any suspected serious deficiency | ||||||
20 | that poses a direct threat to the health, safety or welfare of | ||||||
21 | a resident to enable an immediate correction for the | ||||||
22 | alleviation or elimination of such threat. Such information and | ||||||
23 | findings discussed in the brief exit conference shall become a | ||||||
24 | part of the investigating record but shall not in any way | ||||||
25 | constitute an official or final notice of violation as provided | ||||||
26 | under Section 3-301. All complaints shall be classified as "an |
| |||||||
| |||||||
1 | invalid report", "a valid report", or "an undetermined report". | ||||||
2 | For any complaint classified as "a valid report", the | ||||||
3 | Department must determine within 30 working days if any rule or | ||||||
4 | provision of this Act has been or is being violated. | ||||||
5 | (d-1) The Department shall, whenever possible, combine an | ||||||
6 | on-site investigation of a complaint in a facility with other | ||||||
7 | inspections in order to avoid duplication of inspections. | ||||||
8 | (e) In all cases, the Department shall inform the | ||||||
9 | complainant of its findings within 10 days of its determination | ||||||
10 | unless otherwise indicated by the complainant, and the | ||||||
11 | complainant may direct the Department to send a copy of such | ||||||
12 | findings to another person. The Department's findings may | ||||||
13 | include comments or documentation provided by either the | ||||||
14 | complainant or the licensee pertaining to the complaint. The | ||||||
15 | Department shall also notify the facility of such findings | ||||||
16 | within 10 days of the determination, but the name of the | ||||||
17 | complainant or residents shall not be disclosed in this notice | ||||||
18 | to the facility. The notice of such findings shall include a | ||||||
19 | copy of the written determination; the correction order, if | ||||||
20 | any; the warning notice, if any; the inspection report; or the | ||||||
21 | State licensure form on which the violation is listed. | ||||||
22 | (f) A written determination, correction order, or warning | ||||||
23 | notice concerning a complaint, together with the facility's | ||||||
24 | response, shall be available for public inspection, but the | ||||||
25 | name of the complainant or resident shall not be disclosed | ||||||
26 | without his or her consent. |
| |||||||
| |||||||
1 | (g) A complainant who is dissatisfied with the | ||||||
2 | determination or investigation by the Department may request a | ||||||
3 | hearing under Section 3-703. The facility shall be given notice | ||||||
4 | of any such hearing and may participate in the hearing as a | ||||||
5 | party. If a facility requests a hearing under Section 3-703 | ||||||
6 | which concerns a matter covered by a complaint, the complainant | ||||||
7 | shall be given notice and may participate in the hearing as a | ||||||
8 | party. A request for a hearing by either a complainant or a | ||||||
9 | facility shall be submitted in writing to the Department within | ||||||
10 | 30 days after the mailing of the Department's findings as | ||||||
11 | described in subsection (e) of this Section. Upon receipt of | ||||||
12 | the request, the Department shall conduct a hearing as provided | ||||||
13 | under Section 3-703. | ||||||
14 | (h) Any person who knowingly transmits a false report to | ||||||
15 | the Department commits the offense of disorderly conduct under | ||||||
16 | subsection (a)(8) of Section 26-1 of the Criminal Code of 2012 | ||||||
17 | 1961 .
| ||||||
18 | (Source: P.A. 97-38, eff. 6-28-11.) | ||||||
19 | Section 270. The Emergency Medical Services (EMS) Systems | ||||||
20 | Act is amended by changing Section 3.133 as follows: | ||||||
21 | (210 ILCS 50/3.133) | ||||||
22 | Sec. 3.133. Suspension of license for failure to pay | ||||||
23 | restitution. The Department, without further process or | ||||||
24 | hearing, shall suspend the license or other authorization to |
| |||||||
| |||||||
1 | practice of any person issued under this Act who has been | ||||||
2 | certified by court order as not having paid restitution to a | ||||||
3 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
4 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012 . A person whose license or other | ||||||
6 | authorization to practice is suspended under this Section is | ||||||
7 | prohibited from practicing until the restitution is made in | ||||||
8 | full.
| ||||||
9 | (Source: P.A. 94-577, eff. 1-1-06.) | ||||||
10 | Section 275. The Illinois Insurance Code is amended by | ||||||
11 | changing Sections 356e and 367 as follows:
| ||||||
12 | (215 ILCS 5/356e) (from Ch. 73, par. 968e)
| ||||||
13 | Sec. 356e. Victims of certain offenses.
| ||||||
14 | (1) No policy of accident and health insurance, which | ||||||
15 | provides
benefits for hospital or medical expenses based upon | ||||||
16 | the actual expenses
incurred, delivered or issued for delivery | ||||||
17 | to any person in this State
shall contain any specific | ||||||
18 | exception to coverage which would preclude
the payment under | ||||||
19 | that policy of actual expenses incurred in the
examination and | ||||||
20 | testing of a victim of an offense defined in Sections
11-1.20 | ||||||
21 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012 , as now or hereafter amended,
| ||||||
23 | or an attempt to commit such offense to
establish that sexual | ||||||
24 | contact did occur or did not occur, and to
establish the |
| |||||||
| |||||||
1 | presence or absence of sexually transmitted
disease or | ||||||
2 | infection, and
examination and treatment of injuries and trauma | ||||||
3 | sustained by a victim
of such offense arising
out of the | ||||||
4 | offense.
Every policy of accident
and health insurance which | ||||||
5 | specifically provides benefits for routine physical
| ||||||
6 | examinations shall provide full coverage for expenses incurred | ||||||
7 | in the
examination
and testing of a victim of an offense | ||||||
8 | defined in Sections 11-1.20 through 11-1.60 or 12-13 through
| ||||||
9 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012 , as now or hereafter amended, or an attempt
to commit such | ||||||
11 | offense
as set forth in this Section.
This Section shall not | ||||||
12 | apply to a policy which covers hospital and
medical expenses | ||||||
13 | for specified illnesses or injuries only.
| ||||||
14 | (2) For purposes of enabling the recovery of State funds, | ||||||
15 | any insurance
carrier subject to this Section shall upon | ||||||
16 | reasonable demand by the Department
of Public Health disclose | ||||||
17 | the names and identities of its insureds entitled
to benefits | ||||||
18 | under this provision to the Department of Public Health | ||||||
19 | whenever
the Department of Public Health has determined that it | ||||||
20 | has paid, or is about
to pay, hospital or medical expenses for | ||||||
21 | which an insurance carrier is liable
under this Section. All | ||||||
22 | information received by the Department of Public
Health under | ||||||
23 | this provision shall be held on a confidential basis and shall
| ||||||
24 | not be subject to subpoena and shall not be made public by the | ||||||
25 | Department
of Public Health or used for any purpose other than | ||||||
26 | that authorized by this
Section.
|
| |||||||
| |||||||
1 | (3) Whenever the Department of Public Health finds that it | ||||||
2 | has paid all
or part of any hospital or medical expenses which | ||||||
3 | an insurance carrier is
obligated to pay under this Section, | ||||||
4 | the Department of Public Health shall
be entitled to receive | ||||||
5 | reimbursement for its payments from such insurance
carrier | ||||||
6 | provided that the Department of Public Health has notified the
| ||||||
7 | insurance
carrier of its claims before the carrier has paid | ||||||
8 | such benefits to its insureds
or in behalf of its insureds.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
10 | (215 ILCS 5/367) (from Ch. 73, par. 979)
| ||||||
11 | Sec. 367. Group accident and health insurance.
| ||||||
12 | (1) Group accident and health insurance is hereby declared | ||||||
13 | to be that
form of accident and health insurance covering not | ||||||
14 | less than 2
employees,
members, or employees of members, | ||||||
15 | written under a
master policy issued to any governmental | ||||||
16 | corporation, unit, agency or
department thereof, or to any | ||||||
17 | corporation, copartnership, individual
employer, or to any | ||||||
18 | association upon application of an executive officer or
trustee | ||||||
19 | of such association having a constitution or bylaws and formed | ||||||
20 | in
good faith for purposes other than that of obtaining | ||||||
21 | insurance, where
officers, members, employees, employees of | ||||||
22 | members or classes or department
thereof, may be insured for | ||||||
23 | their individual benefit. In addition a group
accident and | ||||||
24 | health policy may be written to insure any group which may be
| ||||||
25 | insured under a group life insurance policy. The term |
| |||||||
| |||||||
1 | "employees" shall
include the officers, managers and employees | ||||||
2 | of subsidiary or affiliated
corporations, and the individual | ||||||
3 | proprietors, partners and employees of
affiliated individuals | ||||||
4 | and firms, when the business of such subsidiary or
affiliated | ||||||
5 | corporations, firms or individuals, is controlled by a common
| ||||||
6 | employer through stock ownership, contract or otherwise.
| ||||||
7 | (2) Any insurance company authorized to write accident and | ||||||
8 | health
insurance in this State shall have power to issue group | ||||||
9 | accident and
health policies. No policy of group accident and | ||||||
10 | health insurance may
be issued or delivered in this State | ||||||
11 | unless a copy of the form thereof
shall have been filed with | ||||||
12 | the department and approved by it in
accordance with Section | ||||||
13 | 355, and it contains in substance those
provisions contained in | ||||||
14 | Sections 357.1 through 357.30 as may be applicable
to group | ||||||
15 | accident and health insurance and the following provisions:
| ||||||
16 | (a) A provision that the policy, the application of the | ||||||
17 | employer, or
executive officer or trustee of any | ||||||
18 | association, and the individual
applications, if any, of | ||||||
19 | the employees, members or employees of members
insured | ||||||
20 | shall constitute the entire contract between the parties, | ||||||
21 | and
that all statements made by the employer, or the | ||||||
22 | executive officer or
trustee, or by the individual | ||||||
23 | employees, members or employees of members
shall (in the | ||||||
24 | absence of fraud) be deemed representations and not
| ||||||
25 | warranties, and that no such statement shall be used in | ||||||
26 | defense to a
claim under the policy, unless it is contained |
| |||||||
| |||||||
1 | in a written application.
| ||||||
2 | (b) A provision that the insurer will issue to the | ||||||
3 | employer, or to
the executive officer or trustee of the | ||||||
4 | association, for delivery to the
employee, member or | ||||||
5 | employee of a member, who is insured under such
policy, an | ||||||
6 | individual certificate setting forth a statement as to the
| ||||||
7 | insurance protection to which he is entitled and to whom | ||||||
8 | payable.
| ||||||
9 | (c) A provision that to the group or class thereof | ||||||
10 | originally
insured shall be added from time to time all new | ||||||
11 | employees of the
employer, members of the association or | ||||||
12 | employees of members eligible to
and applying for insurance | ||||||
13 | in such group or class.
| ||||||
14 | (3) Anything in this code to the contrary notwithstanding, | ||||||
15 | any group
accident and health policy may provide that all or | ||||||
16 | any portion of any
indemnities provided by any such policy on | ||||||
17 | account of hospital, nursing,
medical or surgical services, | ||||||
18 | may, at the insurer's option, be paid
directly to the hospital | ||||||
19 | or person rendering such services; but the
policy may not | ||||||
20 | require that the service be rendered by a particular
hospital | ||||||
21 | or person. Payment so made shall discharge the insurer's
| ||||||
22 | obligation with respect to the amount of insurance so paid. | ||||||
23 | Nothing in this
subsection (3) shall prohibit an insurer from | ||||||
24 | providing incentives for
insureds to utilize the services of a | ||||||
25 | particular hospital or person.
| ||||||
26 | (4) Special group policies may be issued to school |
| |||||||
| |||||||
1 | districts
providing medical or hospital service, or both, for | ||||||
2 | pupils of the
district injured while participating in any | ||||||
3 | athletic activity under the
jurisdiction of or sponsored or | ||||||
4 | controlled by the district or the
authorities of any school | ||||||
5 | thereof. The provisions of this Section
governing the issuance | ||||||
6 | of group accident and health insurance shall,
insofar as | ||||||
7 | applicable, control the issuance of such policies issued to
| ||||||
8 | schools.
| ||||||
9 | (5) No policy of group accident and health insurance may be | ||||||
10 | issued
or delivered in this State unless it provides that upon | ||||||
11 | the death of the
insured employee or group member the | ||||||
12 | dependents' coverage, if any,
continues for a period of at | ||||||
13 | least 90 days subject to any other policy
provisions relating | ||||||
14 | to termination of dependents' coverage.
| ||||||
15 | (6) No group hospital policy covering miscellaneous | ||||||
16 | hospital
expenses issued or delivered in this State shall | ||||||
17 | contain any exception
or exclusion from coverage which would | ||||||
18 | preclude the payment of expenses
incurred for the processing | ||||||
19 | and administration of blood and its
components.
| ||||||
20 | (7) No policy of group accident and health insurance, | ||||||
21 | delivered in
this State more than 120 days after the effective | ||||||
22 | day of the Section,
which provides inpatient hospital coverage | ||||||
23 | for sicknesses shall exclude
from such coverage the treatment | ||||||
24 | of alcoholism. This subsection shall
not apply to a policy | ||||||
25 | which covers only specified sicknesses.
| ||||||
26 | (8) No policy of group accident and health insurance, which
|
| |||||||
| |||||||
1 | provides benefits for hospital or medical expenses based upon | ||||||
2 | the actual
expenses incurred, issued or delivered in this State | ||||||
3 | shall contain any
specific exception to coverage which would | ||||||
4 | preclude the payment of
actual expenses incurred in the | ||||||
5 | examination and testing of a victim of
an offense defined in | ||||||
6 | Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the | ||||||
7 | Criminal Code
of 1961 or the Criminal Code of 2012 , or an | ||||||
8 | attempt to commit such offense,
to establish that sexual | ||||||
9 | contact did occur or did not occur, and to
establish the | ||||||
10 | presence or absence of sexually transmitted
disease or | ||||||
11 | infection, and
examination and treatment of injuries and trauma | ||||||
12 | sustained by the victim of
such offense, arising out of the | ||||||
13 | offense. Every group policy of accident
and health insurance | ||||||
14 | which specifically provides benefits for routine
physical | ||||||
15 | examinations shall provide full coverage for expenses incurred | ||||||
16 | in
the examination and testing of a victim of an offense | ||||||
17 | defined in Sections
11-1.20 through 11-1.60 or 12-13 through | ||||||
18 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012 , or an attempt to commit such
offense, as set forth in | ||||||
20 | this
Section. This subsection shall not apply to a policy which | ||||||
21 | covers hospital
and medical expenses for specified illnesses | ||||||
22 | and injuries only.
| ||||||
23 | (9) For purposes of enabling the recovery of State funds, | ||||||
24 | any insurance
carrier subject to this Section shall upon | ||||||
25 | reasonable demand by the Department
of Public Health disclose | ||||||
26 | the names and identities of its insureds entitled
to benefits |
| |||||||
| |||||||
1 | under this provision to the Department of Public Health | ||||||
2 | whenever
the Department of Public Health has determined that it | ||||||
3 | has paid, or is about
to pay, hospital or medical expenses for | ||||||
4 | which an insurance carrier is liable
under this Section. All | ||||||
5 | information received by the Department of Public
Health under | ||||||
6 | this provision shall be held on a confidential basis and shall
| ||||||
7 | not be subject to subpoena and shall not be made public by the | ||||||
8 | Department
of Public Health or used for any purpose other than | ||||||
9 | that authorized by this
Section.
| ||||||
10 | (10) Whenever the Department of Public Health finds that it | ||||||
11 | has paid all
or part of any hospital or medical expenses which | ||||||
12 | an insurance carrier is
obligated to pay under this Section, | ||||||
13 | the Department of Public Health shall
be entitled to receive | ||||||
14 | reimbursement for its payments from such insurance
carrier | ||||||
15 | provided that the Department of Public Health has notified the
| ||||||
16 | insurance carrier of its claim before the carrier has paid the | ||||||
17 | benefits to
its insureds or the insureds' assignees.
| ||||||
18 | (11) (a) No group hospital, medical or surgical expense
| ||||||
19 | policy shall contain any provision whereby benefits | ||||||
20 | otherwise payable
thereunder are subject to reduction | ||||||
21 | solely on account of the existence
of similar benefits | ||||||
22 | provided under other group or group-type accident
and | ||||||
23 | sickness insurance policies where such reduction would | ||||||
24 | operate to
reduce total benefits payable under these | ||||||
25 | policies below an amount equal
to 100% of total allowable | ||||||
26 | expenses provided under these policies.
|
| |||||||
| |||||||
1 | (b) When dependents of insureds are covered under 2 | ||||||
2 | policies, both
of which contain coordination of benefits | ||||||
3 | provisions, benefits of the
policy of the insured whose | ||||||
4 | birthday falls earlier in the year are
determined before | ||||||
5 | those of the policy of the insured whose birthday falls
| ||||||
6 | later in the year. Birthday, as used herein, refers only to | ||||||
7 | the month and
day in a calendar year, not the year in which | ||||||
8 | the person was born. The
Department of Insurance shall | ||||||
9 | promulgate rules defining the order of
benefit | ||||||
10 | determination pursuant to this paragraph (b).
| ||||||
11 | (12) Every group policy under this Section shall be subject | ||||||
12 | to the
provisions of Sections 356g and 356n of this Code.
| ||||||
13 | (13) No accident and health insurer providing coverage for | ||||||
14 | hospital
or medical expenses on an expense incurred basis shall | ||||||
15 | deny
reimbursement for an otherwise covered expense incurred | ||||||
16 | for any organ
transplantation procedure solely on the basis | ||||||
17 | that such procedure is deemed
experimental or investigational | ||||||
18 | unless supported by the determination of
the Office of Health | ||||||
19 | Care Technology Assessment within the Agency for
Health Care | ||||||
20 | Policy and Research within the federal Department of Health and
| ||||||
21 | Human Services that such procedure is either experimental or | ||||||
22 | investigational or
that there is insufficient data or | ||||||
23 | experience to determine whether an organ
transplantation | ||||||
24 | procedure is clinically acceptable. If an accident and
health | ||||||
25 | insurer has made written request, or had one made on its behalf | ||||||
26 | by a
national organization, for determination by the Office of |
| |||||||
| |||||||
1 | Health Care
Technology Assessment within the Agency for Health | ||||||
2 | Care Policy and Research
within the federal Department of | ||||||
3 | Health and Human Services as to whether a
specific organ | ||||||
4 | transplantation procedure is clinically acceptable and said
| ||||||
5 | organization fails to respond to such a request within a period | ||||||
6 | of 90 days,
the failure to act may be deemed a determination | ||||||
7 | that the procedure is
deemed to be experimental or | ||||||
8 | investigational.
| ||||||
9 | (14) Whenever a claim for benefits by an insured under a | ||||||
10 | dental
prepayment program is denied or reduced, based on the | ||||||
11 | review of x-ray
films, such review must be performed by a | ||||||
12 | dentist.
| ||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
14 | Section 280. The Health Maintenance Organization Act is | ||||||
15 | amended by changing Section 4-4 as follows:
| ||||||
16 | (215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
| ||||||
17 | Sec. 4-4. Sexual assault or abuse victims; coverage of | ||||||
18 | expenses;
recovery of State funds; reimbursement of Department | ||||||
19 | of Public Health. | ||||||
20 | (1) Contracts or evidences of coverage issued by a health | ||||||
21 | maintenance
organization, which provide benefits for health | ||||||
22 | care services, shall to the
full extent of coverage provided | ||||||
23 | for any other emergency or accident care,
provide for the | ||||||
24 | payment of actual expenses incurred, without offset or
|
| |||||||
| |||||||
1 | reduction for benefit deductibles or co-insurance amounts, in | ||||||
2 | the examination
and testing of a victim of an offense defined | ||||||
3 | in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012 , as now | ||||||
5 | or hereafter amended, or an attempt to
commit such offense, to | ||||||
6 | establish that sexual contact did occur or did not
occur, and | ||||||
7 | to establish the presence or absence of sexually transmitted | ||||||
8 | disease
or infection, and examination and treatment of injuries | ||||||
9 | and trauma sustained by
a victim of such offense.
| ||||||
10 | (2) For purposes of enabling the recovery of State funds, | ||||||
11 | any health
maintenance organization subject to this Section | ||||||
12 | shall upon reasonable demand
by the Department of Public Health | ||||||
13 | disclose the names and identities of its
enrollees entitled to | ||||||
14 | benefits under this provision to the Department of Public
| ||||||
15 | Health whenever the Department of Public Health has determined | ||||||
16 | that it has
paid, or is about to pay for, health care services | ||||||
17 | for which a health
maintenance organization is liable under | ||||||
18 | this Section. All information
received by the Department of | ||||||
19 | Public Health under this provision shall be held
on a | ||||||
20 | confidential basis and shall not be subject to subpoena and | ||||||
21 | shall not be
made public by the Department of Public Health or | ||||||
22 | used for any
purpose other than that authorized by this | ||||||
23 | Section.
| ||||||
24 | (3) Whenever the Department of Public Health finds that it | ||||||
25 | has paid
for all or part of any health care services for which | ||||||
26 | a health maintenance
organization is obligated to pay under |
| |||||||
| |||||||
1 | this Section, the Department of Public
Health shall be entitled | ||||||
2 | to receive reimbursement for its payments from
such | ||||||
3 | organization provided that the Department of Public Health has | ||||||
4 | notified
the organization of its claims before the organization | ||||||
5 | has paid such benefits
to its enrollees or in behalf of its | ||||||
6 | enrollees.
| ||||||
7 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
8 | Section 285. The Voluntary Health Services Plans Act is | ||||||
9 | amended by changing Section 15.8 as follows:
| ||||||
10 | (215 ILCS 165/15.8) (from Ch. 32, par. 609.8)
| ||||||
11 | Sec. 15.8. Sexual assault or abuse victims.
| ||||||
12 | (1) Policies, contracts or subscription certificates | ||||||
13 | issued
by a health services plan corporation, which provide | ||||||
14 | benefits for hospital
or medical expenses based upon the actual | ||||||
15 | expenses incurred, shall to the
full extent of coverage | ||||||
16 | provided for any other emergency or accident care,
provide for | ||||||
17 | the payment of actual expenses incurred, without offset or
| ||||||
18 | reduction
for benefit deductibles or co-insurance amounts, in | ||||||
19 | the examination and
testing of a victim of an offense defined | ||||||
20 | in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of | ||||||
21 | the Criminal Code of 1961 or the Criminal Code of 2012 , as now | ||||||
22 | or hereafter amended, or attempt to
commit such offense, to | ||||||
23 | establish
that sexual contact did occur or did not occur, and | ||||||
24 | to establish the presence
or absence of sexually transmitted |
| |||||||
| |||||||
1 | disease or infection, and
examination and treatment
of injuries | ||||||
2 | and trauma sustained by a victim of such offense.
| ||||||
3 | (2) For purposes of enabling the recovery of State Funds, | ||||||
4 | any health
services
plan corporation subject to this Section | ||||||
5 | shall upon reasonable demand
by the Department of Public Health | ||||||
6 | disclose the names and identities of
its insureds or | ||||||
7 | subscribers entitled to benefits under this provision to
the | ||||||
8 | Department of Public Health whenever the Department of Public | ||||||
9 | Health
has determined that it has paid, or is about to pay, | ||||||
10 | hospital or medical
expenses for which a health care service | ||||||
11 | corporation is liable under this
Section. All information | ||||||
12 | received by the Department of Public Health under
this | ||||||
13 | provision shall be held on a confidential basis and shall not | ||||||
14 | be subject
to subpoena and shall not be made public by the | ||||||
15 | Department of Public Health
or used for any purpose other than | ||||||
16 | that authorized by this Section.
| ||||||
17 | (3) Whenever the Department of Public Health finds that it | ||||||
18 | has paid all
or part of any hospital or medical expenses which | ||||||
19 | a health services plan
corporation is obligated to pay under | ||||||
20 | this Section, the Department of Public
Health shall be entitled | ||||||
21 | to receive reimbursement for its payments from
such corporation | ||||||
22 | provided that the Department of Public Health has notified
the | ||||||
23 | corporation of its claims before the corporation has paid such | ||||||
24 | benefits
to its subscribers or in behalf of its subscribers.
| ||||||
25 | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
| |||||||
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1 | Section 290. The Public Utilities Act is amended by | ||||||
2 | changing Sections 2-202, 4-201, 18-106, and 22-501 as follows:
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3 | (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
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4 | Sec. 2-202. Policy; Public Utility Fund; tax.
| ||||||
5 | (a) It is declared to be the public policy of this State | ||||||
6 | that
in order to maintain and foster the effective regulation | ||||||
7 | of public
utilities under this Act in the interests of the | ||||||
8 | People of the State of
Illinois and the public utilities as | ||||||
9 | well, the public utilities subject
to regulation under this Act | ||||||
10 | and which enjoy the privilege of operating
as public utilities | ||||||
11 | in this State, shall bear the expense of
administering this Act | ||||||
12 | by means of a tax on such privilege measured by the
annual | ||||||
13 | gross revenue of such public utilities in the manner provided | ||||||
14 | in
this Section. For purposes of this Section, "expense of
| ||||||
15 | administering this Act" includes any costs incident to studies, | ||||||
16 | whether
made by the Commission or under contract entered into | ||||||
17 | by the Commission,
concerning environmental pollution problems | ||||||
18 | caused or contributed to by
public utilities and the means for | ||||||
19 | eliminating or abating those
problems. Such proceeds shall be | ||||||
20 | deposited in the Public Utility Fund in
the State treasury.
| ||||||
21 | (b) All of the ordinary and contingent expenses of the
| ||||||
22 | Commission incident to the administration of this Act shall be | ||||||
23 | paid out
of the Public Utility Fund except the compensation of | ||||||
24 | the members of the
Commission which shall be paid from the | ||||||
25 | General Revenue Fund.
Notwithstanding other provisions of this |
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| |||||||
1 | Act to the contrary, the
ordinary and contingent expenses of | ||||||
2 | the Commission incident to the
administration of the Illinois | ||||||
3 | Commercial Transportation Law may be paid
from appropriations | ||||||
4 | from the Public Utility Fund through the end of fiscal
year | ||||||
5 | 1986.
| ||||||
6 | (c) A tax is imposed upon each public utility subject to | ||||||
7 | the
provisions of this Act equal to .08% of its gross revenue | ||||||
8 | for each
calendar year commencing with the calendar year | ||||||
9 | beginning January 1, 1982,
except that the Commission may, by | ||||||
10 | rule, establish a different rate no
greater than 0.1%.
For | ||||||
11 | purposes of this Section, "gross revenue" shall not include
| ||||||
12 | revenue from the production, transmission, distribution, sale,
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13 | delivery, or furnishing of electricity.
"Gross revenue" shall | ||||||
14 | not include amounts paid by telecommunications retailers
under | ||||||
15 | the Telecommunications Infrastructure Maintenance Fee Act.
| ||||||
16 | (d) Annual gross revenue returns shall be filed in | ||||||
17 | accordance with
paragraph (1) or (2) of this subsection (d).
| ||||||
18 | (1) Except as provided in paragraph (2) of this | ||||||
19 | subsection (d), on
or before January 10 of each year each | ||||||
20 | public utility
subject to the provisions of this Act shall | ||||||
21 | file with the Commission an
estimated annual gross revenue | ||||||
22 | return containing an estimate of the amount
of its gross | ||||||
23 | revenue for the calendar year commencing January 1 of said
| ||||||
24 | year and a statement of the amount of tax due for said | ||||||
25 | calendar year on the
basis of that estimate. Public | ||||||
26 | utilities may also file revised returns
containing updated |
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| |||||||
1 | estimates and updated amounts of tax due during the
| ||||||
2 | calendar year. These revised returns, if filed, shall form | ||||||
3 | the basis for
quarterly payments due during the remainder | ||||||
4 | of the calendar year. In
addition, on or before March 31 of | ||||||
5 | each year, each public
utility shall
file an amended return | ||||||
6 | showing the actual amount of gross revenues shown by
the | ||||||
7 | company's books and records as of December 31 of the | ||||||
8 | previous year.
Forms and instructions for such estimated, | ||||||
9 | revised, and amended returns
shall be devised and supplied | ||||||
10 | by the Commission.
| ||||||
11 | (2) Beginning with returns due after January 1, 2002, | ||||||
12 | the
requirements of paragraph (1) of
this subsection (d) | ||||||
13 | shall not apply to any public utility in any calendar year
| ||||||
14 | for which the total tax the public utility owes under this | ||||||
15 | Section is less than
$10,000. For such public utilities | ||||||
16 | with respect to such years,
the public
utility shall file | ||||||
17 | with the Commission, on or before March 31
of the
following | ||||||
18 | year, an annual gross revenue return for the year and a | ||||||
19 | statement of
the amount of tax due for that year on the | ||||||
20 | basis of such a return. Forms and
instructions for such | ||||||
21 | returns and corrected returns shall be devised and
supplied | ||||||
22 | by the Commission.
| ||||||
23 | (e) All returns submitted to the Commission by a public | ||||||
24 | utility as
provided in this subsection (e) or subsection (d) of | ||||||
25 | this Section shall contain
or be verified by a written | ||||||
26 | declaration by an appropriate officer of the public
utility |
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1 | that the return is made under the penalties of perjury. The | ||||||
2 | Commission
may audit each such return submitted and may, under | ||||||
3 | the provisions of Section
5-101 of this Act, take such measures | ||||||
4 | as are necessary to ascertain the
correctness of the returns | ||||||
5 | submitted. The Commission has the power to direct
the filing of | ||||||
6 | a corrected return by any utility which has filed an incorrect
| ||||||
7 | return and to direct the filing of a return by any utility | ||||||
8 | which has failed to
submit a return. A taxpayer's signing a | ||||||
9 | fraudulent return under this Section
is perjury, as defined in | ||||||
10 | Section 32-2 of the Criminal Code of 2012 1961 .
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11 | (f) (1) For all public utilities subject to paragraph (1) | ||||||
12 | of
subsection (d), at least one quarter of the annual amount of | ||||||
13 | tax due
under subsection (c) shall be paid to the Commission on | ||||||
14 | or before the tenth day
of January, April, July, and October of | ||||||
15 | the calendar year subject to tax. In
the event that an | ||||||
16 | adjustment in the amount of tax due should be necessary as a
| ||||||
17 | result of the filing of an amended or corrected return under | ||||||
18 | subsection (d) or
subsection (e) of this Section, the amount of | ||||||
19 | any deficiency shall be paid by
the public utility together | ||||||
20 | with the amended or corrected return and the amount
of any | ||||||
21 | excess shall, after the filing of a claim for credit by the | ||||||
22 | public
utility, be returned to the public utility in the form | ||||||
23 | of a credit memorandum
in the amount of such excess or be | ||||||
24 | refunded to the public utility in accordance
with the | ||||||
25 | provisions of subsection (k) of this Section. However, if such
| ||||||
26 | deficiency or excess is less than $1, then the public utility |
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1 | need not pay the
deficiency and may not claim a credit.
| ||||||
2 | (2) Any public utility subject to paragraph (2) of | ||||||
3 | subsection (d)
shall pay the amount of tax due under subsection | ||||||
4 | (c) on or before March
31 next following the end of the | ||||||
5 | calendar year subject to tax. In the
event that an adjustment | ||||||
6 | in the amount of tax due should be necessary as a
result of the | ||||||
7 | filing of a corrected return under subsection (e), the amount
| ||||||
8 | of any deficiency shall be paid by the public utility at the | ||||||
9 | time the
corrected return is filed. Any excess tax payment by | ||||||
10 | the public utility shall
be returned to it after the filing of | ||||||
11 | a claim for credit, in the form of a
credit memorandum in the | ||||||
12 | amount of the excess. However, if such deficiency or
excess is | ||||||
13 | less than $1, the public utility need not pay the deficiency | ||||||
14 | and may
not claim a credit.
| ||||||
15 | (g) Each installment or required payment of the tax imposed | ||||||
16 | by
subsection (c) becomes delinquent at midnight of the date | ||||||
17 | that it is due.
Failure to make a payment as required by this | ||||||
18 | Section shall result in the
imposition of a late payment | ||||||
19 | penalty, an underestimation penalty, or both,
as provided by | ||||||
20 | this subsection. The late payment penalty shall be the
greater | ||||||
21 | of:
| ||||||
22 | (1) $25 for each month or portion of a month that the | ||||||
23 | installment or
required payment is unpaid or
| ||||||
24 | (2) an amount equal to the difference between what | ||||||
25 | should have been paid
on the due date, based upon the most | ||||||
26 | recently filed estimated, annual, or
amended return, and |
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1 | what was
actually paid, times 1%, for each month or portion | ||||||
2 | of a
month that
the installment or required payment goes | ||||||
3 | unpaid. This penalty may be
assessed as soon as the | ||||||
4 | installment or required payment becomes delinquent.
| ||||||
5 | The underestimation penalty shall apply to those public | ||||||
6 | utilities
subject to paragraph (1) of subsection (d) and shall | ||||||
7 | be calculated after
the filing of the amended return. It shall | ||||||
8 | be imposed if the amount actually
paid on any of the dates | ||||||
9 | specified in subsection (f) is not equal to at least
one-fourth | ||||||
10 | of the amount actually due for the year, and shall equal the | ||||||
11 | greater
of:
| ||||||
12 | (1) $25 for each month or portion of a month that the | ||||||
13 | amount due is unpaid
or
| ||||||
14 | (2) an amount equal to the difference between what | ||||||
15 | should have been
paid, based on the amended return, and | ||||||
16 | what was actually paid as of the
date specified in | ||||||
17 | subsection (f), times a percentage equal to 1/12 of the
sum | ||||||
18 | of 10% and the percentage most recently established by the | ||||||
19 | Commission
for interest to be paid on customer deposits | ||||||
20 | under 83 Ill. Adm. Code
280.70(e)(1), for each month or | ||||||
21 | portion of a month that the amount due goes
unpaid, except | ||||||
22 | that no underestimation penalty shall be assessed if the
| ||||||
23 | amount actually paid on or before each of the dates | ||||||
24 | specified in subsection
(f) was
based on an estimate of | ||||||
25 | gross revenues at least equal to the actual gross
revenues | ||||||
26 | for the previous year. The Commission may enforce the |
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| |||||||
1 | collection
of any delinquent installment or payment, or | ||||||
2 | portion thereof by legal
action or in any other manner by | ||||||
3 | which the collection of debts due the
State of Illinois may | ||||||
4 | be enforced under the laws of this State. The
executive | ||||||
5 | director or his designee may excuse the payment of an
| ||||||
6 | assessed penalty or a portion of an assessed penalty if he | ||||||
7 | determines that
enforced collection of the penalty as | ||||||
8 | assessed
would be unjust.
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9 | (h) All sums collected by the Commission under the | ||||||
10 | provisions of
this Section shall be paid promptly after the | ||||||
11 | receipt of the same, accompanied
by a detailed statement | ||||||
12 | thereof, into the Public Utility Fund in the State
treasury.
| ||||||
13 | (i) During the month of October of each odd-numbered year | ||||||
14 | the
Commission shall:
| ||||||
15 | (1) determine the amount of all moneys deposited in the | ||||||
16 | Public Utility
Fund during the preceding fiscal biennium | ||||||
17 | plus the balance, if any, in that
fund at the beginning of | ||||||
18 | that biennium;
| ||||||
19 | (2) determine the sum total of the following items: (A) | ||||||
20 | all moneys
expended or obligated against appropriations | ||||||
21 | made from the Public Utility
Fund during the preceding | ||||||
22 | fiscal biennium, plus (B) the sum of the credit
memoranda | ||||||
23 | then outstanding against the Public Utility Fund, if any; | ||||||
24 | and
| ||||||
25 | (3) determine the amount, if any, by which the sum | ||||||
26 | determined as
provided in item (1) exceeds the amount |
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1 | determined as provided in item (2).
| ||||||
2 | If the amount determined as provided in item (3) of this | ||||||
3 | subsection exceeds
50% of the previous fiscal year's | ||||||
4 | appropriation level, the Commission shall then compute the
| ||||||
5 | proportionate amount, if
any, which (x) the tax paid hereunder | ||||||
6 | by each utility during the preceding
biennium, and (y) the | ||||||
7 | amount paid into the Public Utility Fund during the
preceding | ||||||
8 | biennium by the Department of Revenue pursuant to Sections 2-9 | ||||||
9 | and
2-11
of the Electricity Excise Tax Law, bears to the | ||||||
10 | difference between the amount
determined as
provided in item | ||||||
11 | (3) of this subsection (i) and 50% of the previous fiscal | ||||||
12 | year's appropriation level.
The
Commission
shall cause the | ||||||
13 | proportionate amount determined with respect to payments
made | ||||||
14 | under the Electricity Excise Tax Law to be transferred into the | ||||||
15 | General
Revenue Fund in the State Treasury, and notify each
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16 | public utility that it may file during the 3 month period after | ||||||
17 | the date of
notification a claim for credit for the | ||||||
18 | proportionate amount
determined with respect to payments made | ||||||
19 | hereunder by the public utility.
If the
proportionate amount is | ||||||
20 | less than $10, no notification will be sent by the
Commission, | ||||||
21 | and no right to a claim exists as to that amount. Upon the
| ||||||
22 | filing of a claim for credit within the period provided, the | ||||||
23 | Commission
shall issue a credit memorandum in such amount to | ||||||
24 | such public utility. Any
claim for credit filed after the | ||||||
25 | period provided for in this Section is void.
| ||||||
26 | (j) Credit memoranda issued pursuant to subsection (f)
and |
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| |||||||
1 | credit memoranda issued after notification and filing pursuant | ||||||
2 | to
subsection (i) may be applied for the 2 year period from the | ||||||
3 | date of issuance,
against the payment of any amount due during | ||||||
4 | that period under
the tax imposed by subsection (c), or, | ||||||
5 | subject to reasonable rule of the
Commission including | ||||||
6 | requirement of notification, may be assigned to any
other | ||||||
7 | public utility subject to regulation under this Act. Any | ||||||
8 | application
of credit memoranda after the period provided for | ||||||
9 | in this Section is void.
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10 | (k) The chairman or executive director may make refund of | ||||||
11 | fees, taxes or
other charges whenever he shall determine that | ||||||
12 | the person or public utility
will not be liable for payment of | ||||||
13 | such fees, taxes or charges during the
next 24 months and he | ||||||
14 | determines that the issuance of a credit memorandum
would be | ||||||
15 | unjust.
| ||||||
16 | (Source: P.A. 95-1027, eff. 6-1-09 .)
| ||||||
17 | (220 ILCS 5/4-201) (from Ch. 111 2/3, par. 4-201)
| ||||||
18 | Sec. 4-201.
It is hereby made the duty of the Commission to | ||||||
19 | see that the
provisions of the Constitution and statutes of | ||||||
20 | this State affecting public
utilities, the enforcement of which | ||||||
21 | is not specifically vested in some
other officer or tribunal, | ||||||
22 | are enforced and obeyed, and that violations
thereof are | ||||||
23 | promptly prosecuted and penalties due the State therefor
| ||||||
24 | recovered and collected, and to this end it may sue in the name | ||||||
25 | of the
People of the State.
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1 | It shall be the duty of the Commission, at the direction | ||||||
2 | and discretion
of the Chairman, to assemble and maintain an | ||||||
3 | electronic trespass
enforcement assistance staff consisting of | ||||||
4 | experts in computer systems,
electronics and other | ||||||
5 | professional disciplines to aid public utilities,
businesses, | ||||||
6 | individuals and law enforcement agencies in detecting and
| ||||||
7 | preventing electronic trespass violations and enforcing the | ||||||
8 | provisions of
Sections 17-50, 17-51, and 17-52 Section 16-9 of | ||||||
9 | the " Criminal Code of 2012 1961", approved July 28, 1961, as
| ||||||
10 | amended or any other relevant statute.
| ||||||
11 | No cause of action shall exist and no liability may be | ||||||
12 | imposed either
civil or criminal, against the State, the | ||||||
13 | Chairman of the Commission or any
of its members, or any | ||||||
14 | employee of the Commission, for any act or omission
by them in | ||||||
15 | the performance of any power or duty authorized by this | ||||||
16 | Section,
unless such act or omission was performed in bad faith | ||||||
17 | and with intent to
injure a particular person.
| ||||||
18 | (Source: P.A. 84-617.)
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19 | (220 ILCS 5/18-106)
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20 | Sec. 18-106. Grantee instruments.
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21 | (a) If an electric utility to which grantee instruments
| ||||||
22 | have been issued discontinues providing electric power and
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23 | energy services prior to the maturity date of such grantee
| ||||||
24 | instruments, such electric utility shall not be entitled to
| ||||||
25 | receive any payment on such grantee instruments on and after
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1 | the date of such discontinuance.
| ||||||
2 | (b) Notwithstanding the provisions of subsection (a) of
| ||||||
3 | this Section, any assignee holding such grantee instruments or
| ||||||
4 | any holder of transitional funding instruments which are
| ||||||
5 | secured by such grantee instruments shall nevertheless be
| ||||||
6 | entitled to recover amounts payable by such grantee under such
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7 | grantee instruments in accordance with their terms as if such
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8 | electric utility had not discontinued the provision of
electric | ||||||
9 | power and energy.
| ||||||
10 | (c) Notwithstanding any other provision of law, the
| ||||||
11 | issuance of any grantee instruments in accordance with the
| ||||||
12 | terms and provisions of a transitional funding order shall for
| ||||||
13 | all purposes be exempt from the application of Section 17-59 or | ||||||
14 | Article 39 of the Criminal Code
of 2012 or the Criminal Code of | ||||||
15 | 1961 and the Interest Act.
| ||||||
16 | (Source: P.A. 90-561, eff. 12-16-97.)
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17 | (220 ILCS 5/22-501) | ||||||
18 | Sec. 22-501. Customer service and privacy protection. All | ||||||
19 | cable or video providers in this State shall comply with the | ||||||
20 | following customer service requirements and privacy | ||||||
21 | protections. The provisions of this Act shall not apply to an | ||||||
22 | incumbent cable operator prior to January 1, 2008. For purposes | ||||||
23 | of this paragraph, an incumbent cable operator means a person | ||||||
24 | or entity that provided cable services in a particular area | ||||||
25 | under a franchise agreement with a local unit of government |
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| |||||||
1 | pursuant to Section 11-42-11 of the Illinois
Municipal Code or | ||||||
2 | Section 5-1095 of the Counties Code on January 1, 2007.
A | ||||||
3 | master antenna television, satellite master antenna | ||||||
4 | television, direct broadcast satellite, multipoint | ||||||
5 | distribution service, and other provider of video programming | ||||||
6 | shall only be subject to the provisions of this Article to the | ||||||
7 | extent permitted by federal law. | ||||||
8 | The following definitions apply to the terms used in this | ||||||
9 | Article: | ||||||
10 | "Basic cable or video service" means any service offering | ||||||
11 | or tier that
includes the retransmission of local television | ||||||
12 | broadcast signals. | ||||||
13 | "Cable or video provider" means any person or entity | ||||||
14 | providing cable service or video service pursuant to | ||||||
15 | authorization under (i) the Cable and Video Competition Law of | ||||||
16 | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | ||||||
17 | (iii) Section 5-1095 of the Counties Code; or (iv) a master | ||||||
18 | antenna television, satellite master antenna television, | ||||||
19 | direct broadcast satellite, multipoint distribution services, | ||||||
20 | and other providers of video programming, whatever their | ||||||
21 | technology. A cable or video provider shall not include a | ||||||
22 | landlord providing only broadcast video programming to a | ||||||
23 | single-family home or other residential dwelling consisting of | ||||||
24 | 4
units or less. | ||||||
25 | "Franchise" has the same meaning as found in 47 U.S.C. | ||||||
26 | 522(9). |
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1 | "Local unit of government" means a city, village, | ||||||
2 | incorporated town, or a county. | ||||||
3 | "Normal business hours" means those hours during which most | ||||||
4 | similar businesses in the geographic area of the local unit of | ||||||
5 | government are open to serve customers. In all cases, "normal | ||||||
6 | business hours" must include some evening hours at least one | ||||||
7 | night per week or some weekend hours. | ||||||
8 | "Normal operating conditions" means those service | ||||||
9 | conditions that are within the control of cable or video | ||||||
10 | providers. Those conditions that are not within the control of | ||||||
11 | cable or video providers include, but are not limited to, | ||||||
12 | natural disasters, civil disturbances, power outages, | ||||||
13 | telephone network outages, and severe or unusual weather | ||||||
14 | conditions. Those conditions that are ordinarily within the | ||||||
15 | control of cable or video providers include, but are not | ||||||
16 | limited to, special promotions, pay-per-view events, rate | ||||||
17 | increases, regular peak or seasonal demand periods, and | ||||||
18 | maintenance or upgrade of the cable service or video service | ||||||
19 | network. | ||||||
20 | "Service interruption" means the loss of picture or sound | ||||||
21 | on one or more cable service or video service on one or more | ||||||
22 | cable or video channels. | ||||||
23 | "Service line drop" means the point of connection between a | ||||||
24 | premises and the cable or video network that enables the | ||||||
25 | premises to receive cable service or video service. | ||||||
26 | (a) General customer service standards: |
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| |||||||
1 | (1) Cable or video providers shall establish general | ||||||
2 | standards related to customer service, which shall | ||||||
3 | include, but not be limited to, installation, | ||||||
4 | disconnection, service and repair obligations; appointment | ||||||
5 | hours and employee ID requirements; customer service | ||||||
6 | telephone numbers and hours; procedures for billing, | ||||||
7 | charges, deposits, refunds, and credits; procedures for | ||||||
8 | termination of service; notice of deletion of programming | ||||||
9 | service; changes related to transmission of programming; | ||||||
10 | changes or increases in rates; the use and availability of | ||||||
11 | parental control or lock-out devices; the use and | ||||||
12 | availability of an A/B switch if applicable; complaint | ||||||
13 | procedures and procedures for bill dispute resolution; a | ||||||
14 | description of the rights and remedies available to | ||||||
15 | consumers if the cable or video provider does not | ||||||
16 | materially meet its
customer service standards; and | ||||||
17 | special services for customers with visual, hearing, or | ||||||
18 | mobility disabilities. | ||||||
19 | (2) Cable or video providers' rates for each level of | ||||||
20 | service, rules, regulations, and policies related to its | ||||||
21 | cable service or video service described in paragraph (1) | ||||||
22 | of this subsection (a)
must be made available to the public | ||||||
23 | and displayed clearly and conspicuously on the cable or | ||||||
24 | video provider's site on the Internet. If a promotional | ||||||
25 | price or a price for a specified period of time is offered, | ||||||
26 | the cable or video provider shall display the price at the |
| |||||||
| |||||||
1 | end of the promotional period or specified period of time | ||||||
2 | clearly and conspicuously with the display of the | ||||||
3 | promotional price or price for a specified period of time. | ||||||
4 | The cable or video provider shall provide this information | ||||||
5 | upon request. | ||||||
6 | (3) Cable or video providers shall provide notice | ||||||
7 | concerning their general customer service standards to all | ||||||
8 | customers. This notice shall be offered when service is | ||||||
9 | first activated and annually thereafter. The information | ||||||
10 | in the notice shall include all of the information | ||||||
11 | specified in paragraph (1) of this subsection (a), as well | ||||||
12 | as the following: a listing of services offered by the | ||||||
13 | cable or video providers, which shall clearly describe | ||||||
14 | programming for all services and all levels of service; the | ||||||
15 | rates for all services and levels of service; a telephone | ||||||
16 | number
through which customers may subscribe to, change, or | ||||||
17 | terminate service, request customer service, or seek | ||||||
18 | general or billing information; instructions on the use of | ||||||
19 | the cable or video services; and a description of rights | ||||||
20 | and remedies that the cable or video providers shall make | ||||||
21 | available to their customers if they do not materially meet | ||||||
22 | the general customer service standards described in this | ||||||
23 | Act. | ||||||
24 | (b) General customer service obligations: | ||||||
25 | (1) Cable or video providers shall render reasonably | ||||||
26 | efficient service, promptly make repairs, and interrupt |
| |||||||
| |||||||
1 | service only as necessary and for good cause, during | ||||||
2 | periods of minimum use of the system and for no more than | ||||||
3 | 24 hours. | ||||||
4 | (2) All service representatives or any other person who | ||||||
5 | contacts customers or potential customers on behalf of the | ||||||
6 | cable or video provider shall have a visible identification | ||||||
7 | card with their name and photograph and shall orally | ||||||
8 | identify themselves upon first contact with the customer. | ||||||
9 | Customer service representatives shall orally identify | ||||||
10 | themselves to callers immediately following the greeting | ||||||
11 | during each telephone contact with the public. | ||||||
12 | (3) The cable or video providers shall: (i) maintain a | ||||||
13 | customer service facility within the boundaries of a local | ||||||
14 | unit of government staffed by customer service | ||||||
15 | representatives that have the capacity to accept payment, | ||||||
16 | adjust bills, and respond to repair, installation, | ||||||
17 | reconnection, disconnection, or other service calls and | ||||||
18 | distribute or receive converter boxes, remote control | ||||||
19 | units, digital stereo units, or other equipment related to | ||||||
20 | the provision of cable or video service; (ii) provide | ||||||
21 | customers with bill payment facilities through retail, | ||||||
22 | financial, or other commercial institutions located within | ||||||
23 | the boundaries of a local unit of government; (iii) provide | ||||||
24 | an address, toll-free telephone number or electronic | ||||||
25 | address to accept bill payments and correspondence and | ||||||
26 | provide secure collection boxes for the receipt of bill |
| |||||||
| |||||||
1 | payments and the return of equipment, provided that if a | ||||||
2 | cable or video provider provides secure collection boxes, | ||||||
3 | it shall provide a printed receipt when items are | ||||||
4 | deposited; or (iv) provide an address, toll-free telephone | ||||||
5 | number, or electronic address to accept bill payments and | ||||||
6 | correspondence and provide a method for customers to return | ||||||
7 | equipment to the cable or video provider at no cost to the | ||||||
8 | customer. | ||||||
9 | (4) In each contact with a customer, the service | ||||||
10 | representatives or any other person who contacts customers | ||||||
11 | or potential customers on behalf of the cable or video | ||||||
12 | provider shall state the estimated cost of the service, | ||||||
13 | repair, or installation orally prior to delivery of the | ||||||
14 | service or before any work is performed, shall provide the | ||||||
15 | customer with an oral statement of the total charges before | ||||||
16 | terminating the telephone call or other contact in which a | ||||||
17 | service is ordered, whether in-person or over the Internet, | ||||||
18 | and shall provide a written statement of the total charges | ||||||
19 | before leaving the location at which the work was | ||||||
20 | performed. In the event that the cost of service is a | ||||||
21 | promotional price or is for a limited period of time, the | ||||||
22 | cost of service at the end of the promotion or limited | ||||||
23 | period of time shall be disclosed. | ||||||
24 | (5) Cable or video providers shall provide customers a | ||||||
25 | minimum of 30 days' written notice before increasing rates | ||||||
26 | or eliminating transmission of programming and shall |
| |||||||
| |||||||
1 | submit the notice to the local unit of government in | ||||||
2 | advance of distribution to customers, provided that the | ||||||
3 | cable or video provider is not in violation of this | ||||||
4 | provision if the elimination of transmission of | ||||||
5 | programming was outside the control of the provider, in | ||||||
6 | which case the provider shall use reasonable efforts to | ||||||
7 | provide as much notice as possible, and any rate decrease | ||||||
8 | related to the elimination of transmission of programming | ||||||
9 | shall be applied to the date of the change. | ||||||
10 | (6) Cable or video providers shall provide clear visual | ||||||
11 | and audio reception that meets or exceeds applicable | ||||||
12 | Federal Communications Commission technical standards. If | ||||||
13 | a customer experiences poor video or audio reception due to | ||||||
14 | the equipment of the cable or video provider, the cable or | ||||||
15 | video provider shall promptly repair the problem at its own | ||||||
16 | expense. | ||||||
17 | (c) Bills, payment, and termination: | ||||||
18 | (1) Cable or video providers shall render monthly bills | ||||||
19 | that are clear, accurate, and understandable. | ||||||
20 | (2) Every residential customer who pays bills directly | ||||||
21 | to the cable or video provider shall have at least 28 days | ||||||
22 | from the date of the bill to pay the listed charges. | ||||||
23 | (3) Customer payments shall be posted promptly. When | ||||||
24 | the payment is sent by United States mail, payment is | ||||||
25 | considered paid on the date it is postmarked. | ||||||
26 | (4) Cable or video providers may not terminate |
| |||||||
| |||||||
1 | residential service for nonpayment of a bill unless the | ||||||
2 | cable or video provider furnishes notice of the delinquency | ||||||
3 | and impending termination at least 21 days prior to the | ||||||
4 | proposed termination. Notice of proposed termination shall | ||||||
5 | be mailed, postage prepaid, to the customer to whom service | ||||||
6 | is billed. Notice of proposed termination shall not be | ||||||
7 | mailed until the 29th day after the date of the bill for | ||||||
8 | services. Notice of delinquency and impending termination | ||||||
9 | may be part of a billing statement only if the notice is | ||||||
10 | presented in a different color than the bill and is | ||||||
11 | designed to be conspicuous. The cable or video providers | ||||||
12 | may not assess a late fee prior to the 29th day after the | ||||||
13 | date of the bill for service. | ||||||
14 | (5) Every notice of impending termination shall | ||||||
15 | include all of the following: the name and address of | ||||||
16 | customer; the amount of the delinquency; the date on which | ||||||
17 | payment is required to avoid termination; and the telephone | ||||||
18 | number of the cable or video provider's service | ||||||
19 | representative to make payment arrangements and to provide | ||||||
20 | additional information about the charges for failure to | ||||||
21 | return equipment and for reconnection, if any. No customer | ||||||
22 | may be charged a fee for termination or disconnection of | ||||||
23 | service, irrespective of whether the customer initiated | ||||||
24 | termination or disconnection or the cable or video provider | ||||||
25 | initiated termination or disconnection. | ||||||
26 | (6) Service may only be terminated on days when the |
| |||||||
| |||||||
1 | customer is able to reach a service representative of the | ||||||
2 | cable or video providers, either in person or by telephone. | ||||||
3 | (7) Any service terminated by a cable or video provider | ||||||
4 | without good cause shall be restored without any | ||||||
5 | reconnection fee, charge, or penalty; good cause for | ||||||
6 | termination includes, but is not limited to, failure to pay | ||||||
7 | a bill by the date specified in the notice of impending | ||||||
8 | termination, payment by check for which there are | ||||||
9 | insufficient funds, theft of service, abuse of equipment or | ||||||
10 | personnel, or other similar subscriber actions. | ||||||
11 | (8) Cable or video providers shall cease charging a | ||||||
12 | customer for any or all services within one
business day | ||||||
13 | after it receives a request to immediately terminate | ||||||
14 | service or on the day requested by the customer if such a | ||||||
15 | date is at least 5 days from the date requested by the | ||||||
16 | customer. Nothing in this subsection (c) shall prohibit the | ||||||
17 | provider from billing for charges that the customer incurs | ||||||
18 | prior to the date of termination. Cable or video providers | ||||||
19 | shall issue a credit or a refund or return a deposit within | ||||||
20 | 10 business days after the close of the customer's billing | ||||||
21 | cycle following the request for termination or the return | ||||||
22 | of equipment, if any, whichever is later. | ||||||
23 | (9) The customers or subscribers of a cable or video | ||||||
24 | provider shall be allowed to disconnect their service at | ||||||
25 | any time within the first 60 days after subscribing to or | ||||||
26 | upgrading the service. Within this 60-day period, cable or |
| |||||||
| |||||||
1 | video providers shall not charge or impose any fees or | ||||||
2 | penalties on the customer for disconnecting service, | ||||||
3 | including, but not limited to, any installation charge or | ||||||
4 | the imposition of an early termination charge, except the | ||||||
5 | cable or video provider may impose a charge or fee to | ||||||
6 | offset any rebates or credits received by the customer and | ||||||
7 | may impose monthly service or maintenance charges, | ||||||
8 | including pay-per-view and premium services charges, | ||||||
9 | during such 60-day period. | ||||||
10 | (10) Cable and video providers shall guarantee | ||||||
11 | customer satisfaction for new or upgraded service and the | ||||||
12 | customer shall receive a pro-rata credit in an amount equal | ||||||
13 | to the pro-rata charge for the remaining days of service | ||||||
14 | being disconnected or replaced upon the customers request | ||||||
15 | if the customer is dissatisfied with the service and | ||||||
16 | requests to discontinue the service within the first 60 | ||||||
17 | days after subscribing to the upgraded service. | ||||||
18 | (d) Response to customer inquiries: | ||||||
19 | (1) Cable or video providers will maintain a toll-free | ||||||
20 | telephone access line that is
available to customers 24 | ||||||
21 | hours a day, 7
days a week to accept calls regarding | ||||||
22 | installation, termination, service, and complaints. | ||||||
23 | Trained, knowledgeable, qualified service representatives | ||||||
24 | of the cable or video providers will be available to | ||||||
25 | respond to customer telephone inquiries during normal | ||||||
26 | business hours. Customer service representatives shall be |
| |||||||
| |||||||
1 | able to provide credit, waive fees, schedule appointments, | ||||||
2 | and change billing cycles. Any difficulties that cannot be | ||||||
3 | resolved by the customer service representatives shall be | ||||||
4 | referred to a supervisor who shall make his or her best | ||||||
5 | efforts to resolve the issue immediately. If the supervisor | ||||||
6 | does not resolve the issue to the customer's satisfaction, | ||||||
7 | the customer shall be informed of the cable or video | ||||||
8 | provider's complaint procedures and procedures for billing | ||||||
9 | dispute resolution and given a description of the rights | ||||||
10 | and remedies available to customers to enforce the terms of | ||||||
11 | this Article, including the customer's rights to have the | ||||||
12 | complaint reviewed by the local unit of government, to | ||||||
13 | request mediation, and to review in a court of competent | ||||||
14 | jurisdiction. | ||||||
15 | (2) After normal business hours, the access line may be | ||||||
16 | answered by a service or an automated response system, | ||||||
17 | including an answering machine. Inquiries received by | ||||||
18 | telephone or e-mail after normal business hours shall be | ||||||
19 | responded to by a trained service representative on the | ||||||
20 | next business day. The cable or video provider shall | ||||||
21 | respond to a written billing inquiry within 10 days of | ||||||
22 | receipt of the inquiry. | ||||||
23 | (3) Cable or video providers shall provide customers | ||||||
24 | seeking non-standard installations with a total | ||||||
25 | installation cost estimate and an estimated date of | ||||||
26 | completion. The actual charge to the customer shall not |
| |||||||
| |||||||
1 | exceed 10% of the estimated cost without the written | ||||||
2 | consent of the customer. | ||||||
3 | (4) If the cable or video provider receives notice that | ||||||
4 | an unsafe condition exists with respect to its equipment, | ||||||
5 | it shall investigate such condition immediately and shall | ||||||
6 | take such measures as are necessary to remove or eliminate | ||||||
7 | the unsafe condition. The cable or video provider shall | ||||||
8 | inform the local unit of government promptly, but no later | ||||||
9 | than 2 hours after it receives notification of an unsafe | ||||||
10 | condition that it has not remedied. | ||||||
11 | (5) Under normal operating conditions, telephone | ||||||
12 | answer time by the cable or video provider's customer | ||||||
13 | representative, including wait time, shall not exceed 30 | ||||||
14 | seconds when the connection is made. If the call needs to | ||||||
15 | be transferred, transfer time shall not exceed 30 seconds. | ||||||
16 | These standards shall be met no less than 90% of the time | ||||||
17 | under normal operating conditions, measured on a quarterly | ||||||
18 | basis. | ||||||
19 | (6) Under normal operating conditions, the cable or | ||||||
20 | video provider's customers will receive a busy signal less | ||||||
21 | than 3% of the time. | ||||||
22 | (e) Under normal operating conditions, each of the | ||||||
23 | following standards related to installations, outages, and | ||||||
24 | service calls will be met no less than 95% of the time measured | ||||||
25 | on a quarterly basis: | ||||||
26 | (1) Standard installations will be performed within 7 |
| |||||||
| |||||||
1 | business days after an order has been placed. "Standard" | ||||||
2 | installations are those that are located up to 125 feet | ||||||
3 | from the existing distribution system. | ||||||
4 | (2) Excluding conditions beyond the control of the | ||||||
5 | cable or video providers, the cable or video providers will | ||||||
6 | begin working on "service interruptions" promptly and in no | ||||||
7 | event later than 24 hours after the interruption is | ||||||
8 | reported by the customer or otherwise becomes known to the | ||||||
9 | cable or video providers. Cable or video providers must | ||||||
10 | begin actions to correct other service problems the next | ||||||
11 | business day after notification of the service problem and | ||||||
12 | correct the problem within 48 hours after the interruption | ||||||
13 | is reported by the customer 95% of the time, measured on a | ||||||
14 | quarterly basis. | ||||||
15 | (3) The "appointment window" alternatives for | ||||||
16 | installations, service calls, and other installation | ||||||
17 | activities will be either a specific time or, at a maximum, | ||||||
18 | a 4-hour
time block during evening, weekend, and normal | ||||||
19 | business hours. The cable or video provider may schedule | ||||||
20 | service calls and other installation activities outside of | ||||||
21 | these hours for the express convenience of the customer. | ||||||
22 | (4) Cable or video providers may not cancel an | ||||||
23 | appointment with a customer after 5:00 p.m. on the business | ||||||
24 | day prior to the scheduled appointment. If the cable or | ||||||
25 | video provider's representative is running late for an | ||||||
26 | appointment with a customer and will not be able to keep |
| |||||||
| |||||||
1 | the appointment as scheduled, the customer will be | ||||||
2 | contacted. The appointment will be rescheduled, as | ||||||
3 | necessary, at a time that
is convenient for the customer, | ||||||
4 | even if the rescheduled appointment is not within normal | ||||||
5 | business hours. | ||||||
6 | (f) Public benefit obligation: | ||||||
7 | (1) All cable or video providers offering service | ||||||
8 | pursuant to the Cable and Video Competition Law of 2007, | ||||||
9 | the Illinois Municipal Code, or the Counties Code shall | ||||||
10 | provide a free service line drop and free basic service to | ||||||
11 | all current and future public buildings within their | ||||||
12 | footprint, including, but not limited to, all local unit of | ||||||
13 | government buildings, public libraries, and public primary | ||||||
14 | and secondary schools, whether owned or leased by that | ||||||
15 | local unit of government ("eligible buildings"). Such | ||||||
16 | service shall be used in a manner consistent with the | ||||||
17 | government purpose for the eligible building and shall not | ||||||
18 | be resold. | ||||||
19 | (2) This obligation only applies to those cable or | ||||||
20 | video service providers whose cable service or video | ||||||
21 | service systems pass eligible buildings and its cable or | ||||||
22 | video service is generally available to residential | ||||||
23 | subscribers in the same local unit of government in which | ||||||
24 | the eligible building is located. The burden of providing | ||||||
25 | such service at each eligible building shall be shared by | ||||||
26 | all cable and video providers whose systems pass the |
| |||||||
| |||||||
1 | eligible buildings in an equitable and competitively | ||||||
2 | neutral manner, and nothing herein shall require | ||||||
3 | duplicative installations by more than one cable or video | ||||||
4 | provider at each eligible building. Cable or video | ||||||
5 | providers operating in a local unit of government shall | ||||||
6 | meet as necessary and determine who will provide service to | ||||||
7 | eligible buildings under this subsection (f). If the cable | ||||||
8 | or video providers are unable to reach an agreement, they | ||||||
9 | shall meet with the local unit of government, which shall | ||||||
10 | determine which cable or video providers will serve each | ||||||
11 | eligible building. The local unit of government shall bear | ||||||
12 | the costs of any inside wiring or video equipment costs not | ||||||
13 | ordinarily provided as part of the cable or video | ||||||
14 | provider's basic offering. | ||||||
15 | (g) After the cable or video providers have offered service | ||||||
16 | for one year, the cable or video providers shall make an annual | ||||||
17 | report to the Commission, to the local unit of government, and | ||||||
18 | to the Attorney General that it is meeting the standards | ||||||
19 | specified in this Article, identifying the number of complaints | ||||||
20 | it received over the prior year in the State and specifying the | ||||||
21 | number of complaints related to each of the following: (1) | ||||||
22 | billing, charges, refunds, and credits; (2) installation or | ||||||
23 | termination of service; (3) quality of service and repair; (4) | ||||||
24 | programming; and (5) miscellaneous complaints that do not fall | ||||||
25 | within these categories. Thereafter, the cable or video | ||||||
26 | providers shall also provide, upon request by the local unit of |
| |||||||
| |||||||
1 | government where service is offered and to the Attorney | ||||||
2 | General, an annual public report that includes performance data | ||||||
3 | described in subdivisions (5) and (6) of subsection (d) and | ||||||
4 | subdivisions (1) and (2) of subsection (e)
of this Section for | ||||||
5 | cable services or video services. The performance data shall be | ||||||
6 | disaggregated for each requesting local unit of government or | ||||||
7 | local exchange, as that term is defined in Section 13-206 of | ||||||
8 | this
Act, in which the cable or video providers have customers. | ||||||
9 | (h) To the extent consistent with federal law, cable or | ||||||
10 | video providers shall offer the lowest-cost basic cable or | ||||||
11 | video service as a stand-alone service to residential customers | ||||||
12 | at reasonable rates. Cable or video providers shall not require | ||||||
13 | the subscription to any service other than the lowest-cost | ||||||
14 | basic service or to any telecommunications or information | ||||||
15 | service, as a condition of access to cable or video service, | ||||||
16 | including programming offered on a per channel or per program | ||||||
17 | basis. Cable or video providers shall not discriminate between | ||||||
18 | subscribers to the lowest-cost basic service, subscribers to | ||||||
19 | other cable services or video services, and other subscribers | ||||||
20 | with regard to the rates charged for cable or video programming | ||||||
21 | offered on a per channel or per program basis. | ||||||
22 | (i) To the extent consistent with federal law, cable or | ||||||
23 | video providers shall ensure that charges for changes in the | ||||||
24 | subscriber's selection of services or equipment shall be based | ||||||
25 | on the cost of such change and shall not exceed nominal amounts | ||||||
26 | when the system's configuration permits changes in service tier |
| |||||||
| |||||||
1 | selection to be effected solely by coded entry on a computer | ||||||
2 | terminal or by other similarly simple method. | ||||||
3 | (j) To the extent consistent with federal law, cable or | ||||||
4 | video providers shall have a rate structure for the provision | ||||||
5 | of cable or video service that is uniform throughout the area | ||||||
6 | within the boundaries of the local unit of government. This | ||||||
7 | subsection (j) is not intended to prohibit bulk discounts to | ||||||
8 | multiple dwelling units or to prohibit reasonable discounts to | ||||||
9 | senior citizens or other economically disadvantaged groups. | ||||||
10 | (k) To the extent consistent with federal law, cable or | ||||||
11 | video providers shall not charge a subscriber for any service | ||||||
12 | or equipment that the subscriber has not affirmatively | ||||||
13 | requested by name. For purposes of this subsection (k), a | ||||||
14 | subscriber's failure to refuse a cable or video provider's | ||||||
15 | proposal to provide service or equipment shall not be deemed to | ||||||
16 | be an affirmative request for such service or equipment. | ||||||
17 | (l) No contract or service agreement containing an early | ||||||
18 | termination clause offering residential cable or video | ||||||
19 | services or any bundle including such services shall be for a | ||||||
20 | term longer than 2 years. Any contract or service offering with | ||||||
21 | a term of service that contains an early termination fee shall | ||||||
22 | limit the early termination fee to not more than the value of | ||||||
23 | any additional goods or services provided with the cable or | ||||||
24 | video services, the amount of the discount reflected in the | ||||||
25 | price for cable services or video services for the period | ||||||
26 | during which the consumer benefited from the discount, or a |
| |||||||
| |||||||
1 | declining fee based on the remainder of the contract term. | ||||||
2 | (m) Cable or video providers shall not discriminate in the | ||||||
3 | provision of services for the hearing and visually impaired, | ||||||
4 | and shall comply with the accessibility requirements of 47 | ||||||
5 | U.S.C. 613. Cable or video providers shall deliver and pick-up | ||||||
6 | or provide customers with pre-paid shipping and packaging for | ||||||
7 | the return of converters and other necessary equipment at the | ||||||
8 | home of customers with disabilities. Cable or video providers | ||||||
9 | shall provide free use of a converter or remote control unit to | ||||||
10 | mobility impaired customers. | ||||||
11 | (n)(1) To the extent consistent with federal law, cable or | ||||||
12 | video providers shall comply with the provisions of 47 U.S.C. | ||||||
13 | 532(h) and (j). The cable or video providers shall not exercise | ||||||
14 | any editorial control over any video programming provided | ||||||
15 | pursuant to this Section, or in any other way consider the | ||||||
16 | content of such programming, except that a cable or video | ||||||
17 | provider may refuse to transmit any leased access program or | ||||||
18 | portion of a leased access program that
contains obscenity, | ||||||
19 | indecency, or nudity and may consider such content to the | ||||||
20 | minimum extent necessary to establish a reasonable price for | ||||||
21 | the commercial use of designated channel capacity by an | ||||||
22 | unaffiliated person. This subsection (n) shall permit cable or | ||||||
23 | video providers to enforce prospectively a written and | ||||||
24 | published policy of prohibiting programming that the cable or | ||||||
25 | video provider reasonably believes describes or depicts sexual | ||||||
26 | or excretory activities or organs in a patently offensive |
| |||||||
| |||||||
1 | manner as measured by contemporary community standards. | ||||||
2 | (2) Upon customer request, the cable or video provider | ||||||
3 | shall, without charge, fully scramble or otherwise fully | ||||||
4 | block the audio and video programming of each channel | ||||||
5 | carrying such programming so that a person who is not a | ||||||
6 | subscriber does not receive the channel or programming. | ||||||
7 | (3) In providing sexually explicit adult programming | ||||||
8 | or other programming that is indecent on any channel of its | ||||||
9 | service primarily dedicated to sexually oriented | ||||||
10 | programming, the cable or video provider shall fully | ||||||
11 | scramble or otherwise fully block the video and audio | ||||||
12 | portion of such channel so that a person who is
not a | ||||||
13 | subscriber to such channel or programming does not receive | ||||||
14 | it. | ||||||
15 | (4) Scramble means to rearrange the content of the | ||||||
16 | signal of the programming so that the programming cannot be | ||||||
17 | viewed or heard in an understandable manner. | ||||||
18 | (o) Cable or video providers will maintain a listing, | ||||||
19 | specific to the level of street address, of the areas where its | ||||||
20 | cable or video services are available. Customers who inquire | ||||||
21 | about purchasing cable or video service shall be informed about | ||||||
22 | whether the cable or video provider's cable or video services | ||||||
23 | are currently available to them at their specific location. | ||||||
24 | (p) Cable or video providers shall not disclose the name, | ||||||
25 | address, telephone number or other personally identifying | ||||||
26 | information of a cable service or video service customer to be |
| |||||||
| |||||||
1 | used in mailing lists or to be used for other commercial | ||||||
2 | purposes not reasonably related to the conduct of its business | ||||||
3 | unless the cable or video provider has provided to the customer | ||||||
4 | a notice, separately or included in any other customer service | ||||||
5 | notice, that clearly and conspicuously describes the | ||||||
6 | customer's ability to prohibit the disclosure. Cable or video | ||||||
7 | providers shall provide an address and telephone number for a | ||||||
8 | customer to use without a toll charge to prevent disclosure of | ||||||
9 | the customer's name and address in mailing lists or for other | ||||||
10 | commercial purposes not reasonably related to the conduct of | ||||||
11 | its business to other businesses or affiliates of the cable or | ||||||
12 | video provider. Cable or video providers shall comply with the | ||||||
13 | consumer privacy requirements of Section 26-4.5 of the Criminal | ||||||
14 | Code of 2012 1961 , the Restricted Call Registry Act, and 47 | ||||||
15 | U.S.C. 551 that are in effect as of June 30, 2007 (the | ||||||
16 | effective date of Public Act 95-9)
and as amended thereafter. | ||||||
17 | (q) Cable or video providers shall implement an informal | ||||||
18 | process for handling inquiries from local units of government | ||||||
19 | and customers concerning billing issues, service issues, | ||||||
20 | privacy concerns, and other consumer complaints. In the event | ||||||
21 | that an issue is not resolved through this informal process, a | ||||||
22 | local unit of government or the customer may request nonbinding | ||||||
23 | mediation with the cable or video provider, with each party to | ||||||
24 | bear its own costs of such mediation. Selection of the mediator | ||||||
25 | will be by mutual agreement, and preference will be given to | ||||||
26 | mediation services that do not charge the consumer for their |
| |||||||
| |||||||
1 | services. In the event that the informal process does not | ||||||
2 | produce a satisfactory result to the customer or the local unit | ||||||
3 | of government, enforcement may be pursued as provided in | ||||||
4 | subdivision (4) of subsection (r) of this Section. | ||||||
5 | (r) The Attorney General and the local unit of government | ||||||
6 | may enforce all of the customer service and privacy protection | ||||||
7 | standards of this Section with respect to complaints received | ||||||
8 | from residents within the local unit of government's | ||||||
9 | jurisdiction, but it may not adopt or seek to enforce any | ||||||
10 | additional or different customer service or performance | ||||||
11 | standards under any other authority or provision of law. | ||||||
12 | (1) The local unit of government may, by ordinance, | ||||||
13 | provide a schedule of penalties for any material breach of | ||||||
14 | this Section by cable or video providers in addition to the | ||||||
15 | penalties provided herein. No monetary penalties shall be | ||||||
16 | assessed for a material breach if it is out of the | ||||||
17 | reasonable control of the cable or video providers or its | ||||||
18 | affiliate. Monetary penalties adopted in an ordinance | ||||||
19 | pursuant to this Section shall apply on a competitively | ||||||
20 | neutral basis to all providers of cable service or video | ||||||
21 | service within the local unit of government's | ||||||
22 | jurisdiction. In
no event shall the penalties imposed under | ||||||
23 | this subsection (r) exceed $750 for each day of the | ||||||
24 | material breach, and these penalties shall not exceed | ||||||
25 | $25,000 for each occurrence of a material breach per | ||||||
26 | customer. |
| |||||||
| |||||||
1 | (2) For purposes of this Section, "material breach" | ||||||
2 | means any substantial
failure of a cable or video service | ||||||
3 | provider to comply with service quality and other standards | ||||||
4 | specified in any provision of this Act. The Attorney | ||||||
5 | General or the local unit of government shall give the | ||||||
6 | cable or video provider written notice of any alleged | ||||||
7 | material breaches of this Act and allow such provider at | ||||||
8 | least 30 days from receipt of the notice to remedy the | ||||||
9 | specified material breach. | ||||||
10 | (3) A material breach, for the purposes of assessing | ||||||
11 | penalties, shall be deemed to have occurred for each day | ||||||
12 | that a material breach has not been remedied by the cable | ||||||
13 | service or video service provider after the expiration of | ||||||
14 | the period specified in subdivision (2) of this subsection | ||||||
15 | (r)
in each local unit of government's jurisdiction, | ||||||
16 | irrespective of the number of customers affected. | ||||||
17 | (4) Any customer, the Attorney General, or a local unit | ||||||
18 | of government may pursue alleged violations of this Act by | ||||||
19 | the cable or video provider in a court of competent | ||||||
20 | jurisdiction. A cable or video provider may seek judicial | ||||||
21 | review of a decision of a local unit of government imposing | ||||||
22 | penalties in a court of competent jurisdiction. No local | ||||||
23 | unit of government shall be subject to suit for damages or | ||||||
24 | other relief based upon its action in connection with its | ||||||
25 | enforcement or review of any of the terms, conditions, and | ||||||
26 | rights contained in this Act except a court may require the |
| |||||||
| |||||||
1 | return of any penalty it finds was not properly assessed or | ||||||
2 | imposed. | ||||||
3 | (s) Cable or video providers shall credit customers for | ||||||
4 | violations in the amounts stated herein. The credits shall be | ||||||
5 | applied on the statement issued to the customer for the next | ||||||
6 | monthly billing cycle following the violation or following the | ||||||
7 | discovery of the violation. Cable or video providers are | ||||||
8 | responsible for providing the credits described herein and the | ||||||
9 | customer is under no obligation to request the credit. If the | ||||||
10 | customer is no longer taking service from the cable or video | ||||||
11 | provider, the credit amount will be refunded to the customer by | ||||||
12 | check within 30 days of the termination of service. A local | ||||||
13 | unit of government may, by ordinance, adopt a schedule of | ||||||
14 | credits payable directly to customers for breach of the | ||||||
15 | customer service standards and obligations contained in this | ||||||
16 | Article, provided the schedule of customer credits applies on a | ||||||
17 | competitively neutral basis to all providers of cable service | ||||||
18 | or video service in the local unit of government's jurisdiction | ||||||
19 | and the credits are not greater than the credits provided in | ||||||
20 | this Section. | ||||||
21 | (1) Failure to provide notice of customer service | ||||||
22 | standards upon initiation of service: $25.00. | ||||||
23 | (2) Failure to install service within 7 days: Waiver of | ||||||
24 | 50% of the installation fee or the monthly fee for the | ||||||
25 | lowest-cost basic service, whichever is greater. Failure | ||||||
26 | to install service within 14 days: Waiver of 100% of the |
| |||||||
| |||||||
1 | installation fee or the monthly fee for the lowest-cost | ||||||
2 | basic service, whichever is greater. | ||||||
3 | (3) Failure to remedy service interruptions or poor | ||||||
4 | video or audio service quality within 48 hours: Pro-rata | ||||||
5 | credit of total regular monthly charges equal to the number | ||||||
6 | of days of the service interruption. | ||||||
7 | (4) Failure to keep an appointment or to notify the | ||||||
8 | customer prior to the close of business on the business day | ||||||
9 | prior to the scheduled appointment: $25.00. | ||||||
10 | (5) Violation of privacy protections: $150.00. | ||||||
11 | (6) Failure to comply with scrambling requirements: | ||||||
12 | $50.00 per month. | ||||||
13 | (7) Violation of customer service and billing | ||||||
14 | standards in subsections (c) and (d) of this Section: | ||||||
15 | $25.00 per occurrence. | ||||||
16 | (8) Violation of the bundling rules in subsection
(h) | ||||||
17 | of this Section: $25.00 per month. | ||||||
18 | (t) The enforcement powers granted to the Attorney General | ||||||
19 | in Article XXI of this
Act shall apply to this Article, except | ||||||
20 | that the Attorney General may not seek penalties for violation | ||||||
21 | of this Article
other than in the amounts specified herein. | ||||||
22 | Nothing in this Section shall limit or affect the powers of the | ||||||
23 | Attorney General to enforce the provisions of Article XXI
of | ||||||
24 | this
Act or the Consumer Fraud and Deceptive Business Practices | ||||||
25 | Act. | ||||||
26 | (u) This Article
applies to all cable and video providers |
| |||||||
| |||||||
1 | in the State, including but not limited to those operating | ||||||
2 | under a local franchise as that term is used in 47 U.S.C. | ||||||
3 | 522(9), those operating under authorization pursuant to | ||||||
4 | Section 11-42-11 of the Illinois Municipal Code, those | ||||||
5 | operating under authorization pursuant to Section 5-1095 of the | ||||||
6 | Counties Code, and those operating under a State-issued | ||||||
7 | authorization pursuant to Article XXI of this
Act.
| ||||||
8 | (Source: P.A. 96-927, eff. 6-15-10; 97-1108, eff. 1-1-13.) | ||||||
9 | Section 295. The Acupuncture Practice Act is amended by | ||||||
10 | changing Section 117 as follows: | ||||||
11 | (225 ILCS 2/117) | ||||||
12 | (Section scheduled to be repealed on January 1, 2018) | ||||||
13 | Sec. 117. Suspension of license for failure to pay | ||||||
14 | restitution. The Department, without further process or | ||||||
15 | hearing, shall suspend the license or other authorization to | ||||||
16 | practice of any person issued under this Act who has been | ||||||
17 | certified by court order as not having paid restitution to a | ||||||
18 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
19 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 . A person whose license or other | ||||||
21 | authorization to practice is suspended under this Section is | ||||||
22 | prohibited from practicing until the restitution is made in | ||||||
23 | full.
| ||||||
24 | (Source: P.A. 96-1551, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | Section 300. The Illinois Athletic Trainers Practice Act is | ||||||
2 | amended by changing Section 16.5 as follows: | ||||||
3 | (225 ILCS 5/16.5) | ||||||
4 | (Section scheduled to be repealed on January 1, 2016) | ||||||
5 | Sec. 16.5. Suspension of license for failure to pay | ||||||
6 | restitution. The Department, without further process or | ||||||
7 | hearing, shall suspend the license or other authorization to | ||||||
8 | practice of any person issued under this Act who has been | ||||||
9 | certified by court order as not having paid restitution to a | ||||||
10 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
11 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 . A person whose license or other | ||||||
13 | authorization to practice is suspended under this Section is | ||||||
14 | prohibited from practicing until the restitution is made in | ||||||
15 | full.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
17 | Section 305. The Child Care Act of 1969 is amended by | ||||||
18 | changing Sections 4.2 and 14.6 as follows:
| ||||||
19 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||||||
20 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
21 | Department and
no person may be employed by a licensed child | ||||||
22 | care facility who refuses to
authorize an investigation as |
| |||||||
| |||||||
1 | required by Section 4.1.
| ||||||
2 | (b) In addition to the other provisions of this Section, no | ||||||
3 | applicant
may
receive a license from the Department and no | ||||||
4 | person
may be employed by a child care facility licensed by the | ||||||
5 | Department who has
been declared a sexually dangerous person | ||||||
6 | under "An Act in relation to
sexually dangerous persons, and | ||||||
7 | providing for their commitment, detention
and supervision", | ||||||
8 | approved July 6, 1938, as amended, or convicted of
committing | ||||||
9 | or attempting to commit any of the following offenses | ||||||
10 | stipulated
under the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012 :
| ||||||
12 | (1) murder;
| ||||||
13 | (1.1) solicitation of murder;
| ||||||
14 | (1.2) solicitation of murder for hire;
| ||||||
15 | (1.3) intentional homicide of an unborn child;
| ||||||
16 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
17 | (1.5) involuntary manslaughter;
| ||||||
18 | (1.6) reckless homicide;
| ||||||
19 | (1.7) concealment of a homicidal death;
| ||||||
20 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
21 | (1.9) reckless homicide of an unborn child;
| ||||||
22 | (1.10) drug-induced homicide;
| ||||||
23 | (2) a sex offense under Article 11, except offenses | ||||||
24 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
25 | 11-40, and 11-45;
| ||||||
26 | (3) kidnapping;
|
| |||||||
| |||||||
1 | (3.1) aggravated unlawful restraint;
| ||||||
2 | (3.2) forcible detention;
| ||||||
3 | (3.3) harboring a runaway;
| ||||||
4 | (3.4) aiding and abetting child abduction;
| ||||||
5 | (4) aggravated kidnapping;
| ||||||
6 | (5) child abduction;
| ||||||
7 | (6) aggravated battery of a child as described in | ||||||
8 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
9 | (7) criminal sexual assault;
| ||||||
10 | (8) aggravated criminal sexual assault;
| ||||||
11 | (8.1) predatory criminal sexual assault of a child;
| ||||||
12 | (9) criminal sexual abuse;
| ||||||
13 | (10) aggravated sexual abuse;
| ||||||
14 | (11) heinous battery as described in Section 12-4.1 or | ||||||
15 | subdivision (a)(2) of Section 12-3.05;
| ||||||
16 | (12) aggravated battery with a firearm as described in | ||||||
17 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
18 | (e)(4) of Section 12-3.05;
| ||||||
19 | (13) tampering with food, drugs, or cosmetics;
| ||||||
20 | (14) drug induced infliction of great bodily harm as | ||||||
21 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
22 | Section 12-3.05;
| ||||||
23 | (15) hate crime;
| ||||||
24 | (16) stalking;
| ||||||
25 | (17) aggravated stalking;
| ||||||
26 | (18) threatening public officials;
|
| |||||||
| |||||||
1 | (19) home invasion;
| ||||||
2 | (20) vehicular invasion;
| ||||||
3 | (21) criminal transmission of HIV;
| ||||||
4 | (22) criminal abuse or neglect of an elderly or | ||||||
5 | disabled person as described in Section 12-21 or subsection | ||||||
6 | (b) of Section 12-4.4a;
| ||||||
7 | (23) child abandonment;
| ||||||
8 | (24) endangering the life or health of a child;
| ||||||
9 | (25) ritual mutilation;
| ||||||
10 | (26) ritualized abuse of a child;
| ||||||
11 | (27) an offense in any other jurisdiction the elements | ||||||
12 | of
which are similar and
bear a substantial relationship to | ||||||
13 | any of the foregoing offenses.
| ||||||
14 | (b-1) In addition to the other provisions of this Section, | ||||||
15 | beginning
January 1, 2004, no new applicant and, on the date of
| ||||||
16 | licensure renewal, no current licensee may operate or receive a | ||||||
17 | license from
the
Department to operate, no person may be | ||||||
18 | employed by, and no adult person may
reside in a child care | ||||||
19 | facility licensed by the Department who has been
convicted of | ||||||
20 | committing or attempting to commit any of the following | ||||||
21 | offenses
or an offense in any other jurisdiction the elements | ||||||
22 | of which are similar and
bear a substantial relationship to any | ||||||
23 | of the following offenses:
| ||||||
24 | (I) BODILY HARM
|
| |||||||
| |||||||
1 | (1) Felony aggravated assault.
| ||||||
2 | (2) Vehicular endangerment.
| ||||||
3 | (3) Felony domestic battery.
| ||||||
4 | (4) Aggravated battery.
| ||||||
5 | (5) Heinous battery.
| ||||||
6 | (6) Aggravated battery with a firearm.
| ||||||
7 | (7) Aggravated battery of an unborn child.
| ||||||
8 | (8) Aggravated battery of a senior citizen.
| ||||||
9 | (9) Intimidation.
| ||||||
10 | (10) Compelling organization membership of persons.
| ||||||
11 | (11) Abuse and criminal neglect of a long term care | ||||||
12 | facility resident.
| ||||||
13 | (12) Felony violation of an order of protection.
| ||||||
14 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
15 | (1) Felony unlawful use of weapons.
| ||||||
16 | (2) Aggravated discharge of a firearm.
| ||||||
17 | (3) Reckless discharge of a firearm.
| ||||||
18 | (4) Unlawful use of metal piercing bullets.
| ||||||
19 | (5) Unlawful sale or delivery of firearms on the | ||||||
20 | premises of any
school.
| ||||||
21 | (6) Disarming a police officer.
| ||||||
22 | (7) Obstructing justice.
| ||||||
23 | (8) Concealing or aiding a fugitive.
| ||||||
24 | (9) Armed violence.
|
| |||||||
| |||||||
1 | (10) Felony contributing to the criminal delinquency | ||||||
2 | of a juvenile.
| ||||||
3 | (III) DRUG OFFENSES
| ||||||
4 | (1) Possession of more than 30 grams of cannabis.
| ||||||
5 | (2) Manufacture of more than 10 grams of cannabis.
| ||||||
6 | (3) Cannabis trafficking.
| ||||||
7 | (4) Delivery of cannabis on school grounds.
| ||||||
8 | (5) Unauthorized production of more than 5 cannabis | ||||||
9 | sativa plants.
| ||||||
10 | (6) Calculated criminal cannabis conspiracy.
| ||||||
11 | (7) Unauthorized manufacture or delivery of controlled | ||||||
12 | substances.
| ||||||
13 | (8) Controlled substance trafficking.
| ||||||
14 | (9) Manufacture, distribution, or advertisement of | ||||||
15 | look-alike
substances.
| ||||||
16 | (10) Calculated criminal drug conspiracy.
| ||||||
17 | (11) Street gang criminal drug conspiracy.
| ||||||
18 | (12) Permitting unlawful use of a building.
| ||||||
19 | (13) Delivery of controlled, counterfeit, or | ||||||
20 | look-alike substances to
persons under age 18, or at truck | ||||||
21 | stops, rest stops, or safety rest areas, or
on school | ||||||
22 | property.
| ||||||
23 | (14) Using, engaging, or employing persons under 18 to | ||||||
24 | deliver
controlled, counterfeit, or look-alike substances.
|
| |||||||
| |||||||
1 | (15) Delivery of controlled substances.
| ||||||
2 | (16) Sale or delivery of drug paraphernalia.
| ||||||
3 | (17) Felony possession, sale, or exchange of | ||||||
4 | instruments adapted
for use of a controlled substance, | ||||||
5 | methamphetamine, or cannabis by subcutaneous injection.
| ||||||
6 | (18) Felony possession of a controlled substance.
| ||||||
7 | (19) Any violation of the Methamphetamine Control and | ||||||
8 | Community Protection Act.
| ||||||
9 | (b-1.5) In addition to any other provision of this Section, | ||||||
10 | for applicants with access to confidential financial | ||||||
11 | information or who submit documentation to support billing, no | ||||||
12 | applicant whose initial application was considered after the | ||||||
13 | effective date of this amendatory Act of the 97th General | ||||||
14 | Assembly may receive a license from the Department or a child | ||||||
15 | care facility licensed by the Department who has been convicted | ||||||
16 | of committing or attempting to commit any of the following | ||||||
17 | felony offenses: | ||||||
18 | (1) financial institution fraud under Section 17-10.6 | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
20 | (2) identity theft under Section 16-30 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 ; | ||||||
22 | (3) financial exploitation of an elderly person or a | ||||||
23 | person with a disability under Section 17-56 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
25 | (4) computer tampering under Section 17-51 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 ; |
| |||||||
| |||||||
1 | (5) aggravated computer tampering under Section 17-52 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
3 | (6) computer fraud under Section 17-50 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012 ; | ||||||
5 | (7) deceptive practices under Section 17-1 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
7 | (8) forgery under Section 17-3 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012 ; | ||||||
9 | (9) State benefits fraud under Section 17-6 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
11 | (10) mail fraud and wire fraud under Section 17-24 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
13 | (11) theft under paragraphs (1.1) through (11) of | ||||||
14 | subsection (b) of Section 16-1 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012 . | ||||||
16 | (b-2) Notwithstanding subsection (b-1), the Department may | ||||||
17 | make an exception and, for child care facilities other than | ||||||
18 | foster family homes,
issue a new child care facility license to | ||||||
19 | or renew the
existing child care facility license of an | ||||||
20 | applicant, a person employed by a
child care facility, or an | ||||||
21 | applicant who has an adult residing in a home child
care | ||||||
22 | facility who was convicted of an offense described in | ||||||
23 | subsection (b-1),
provided that all of the following | ||||||
24 | requirements are met:
| ||||||
25 | (1) The relevant criminal offense occurred more than 5 | ||||||
26 | years prior to the
date of application or renewal, except |
| |||||||
| |||||||
1 | for drug offenses. The relevant drug
offense must have | ||||||
2 | occurred more than 10 years prior to the date of | ||||||
3 | application
or renewal, unless the applicant passed a drug | ||||||
4 | test, arranged and paid for by
the child care facility, no | ||||||
5 | less than 5 years after the offense.
| ||||||
6 | (2) The Department must conduct a background check and | ||||||
7 | assess all
convictions and recommendations of the child | ||||||
8 | care facility to determine if hiring or licensing the | ||||||
9 | applicant is in
accordance with Department administrative | ||||||
10 | rules and
procedures.
| ||||||
11 | (3) The applicant meets all other requirements and | ||||||
12 | qualifications to be
licensed as the pertinent type of | ||||||
13 | child care facility under this Act and the
Department's | ||||||
14 | administrative rules.
| ||||||
15 | (c) In addition to the other provisions of this Section, no
| ||||||
16 | applicant may receive a license from the Department to operate | ||||||
17 | a foster family
home, and no adult person may reside in a | ||||||
18 | foster family home licensed by the
Department, who has been | ||||||
19 | convicted of committing or attempting to commit any of
the | ||||||
20 | following offenses stipulated under the Criminal Code of 1961, | ||||||
21 | the Criminal Code of 2012, the Cannabis
Control Act, the | ||||||
22 | Methamphetamine Control and Community Protection Act, and the | ||||||
23 | Illinois Controlled Substances Act:
| ||||||
24 | (I) OFFENSES DIRECTED AGAINST THE PERSON
|
| |||||||
| |||||||
1 | (A) KIDNAPPING AND RELATED OFFENSES
| ||||||
2 | (1) Unlawful restraint.
| ||||||
3 | (B) BODILY HARM
| ||||||
4 | (2) Felony aggravated assault.
| ||||||
5 | (3) Vehicular endangerment.
| ||||||
6 | (4) Felony domestic battery.
| ||||||
7 | (5) Aggravated battery.
| ||||||
8 | (6) Heinous battery.
| ||||||
9 | (7) Aggravated battery with a firearm.
| ||||||
10 | (8) Aggravated battery of an unborn child.
| ||||||
11 | (9) Aggravated battery of a senior citizen.
| ||||||
12 | (10) Intimidation.
| ||||||
13 | (11) Compelling organization membership of persons.
| ||||||
14 | (12) Abuse and criminal neglect of a long term care | ||||||
15 | facility resident.
| ||||||
16 | (13) Felony violation of an order of protection.
| ||||||
17 | (II) OFFENSES DIRECTED AGAINST PROPERTY
| ||||||
18 | (14) Felony theft.
| ||||||
19 | (15) Robbery.
| ||||||
20 | (16) Armed robbery.
| ||||||
21 | (17) Aggravated robbery.
| ||||||
22 | (18) Vehicular hijacking.
| ||||||
23 | (19) Aggravated vehicular hijacking.
|
| |||||||
| |||||||
1 | (20) Burglary.
| ||||||
2 | (21) Possession of burglary tools.
| ||||||
3 | (22) Residential burglary.
| ||||||
4 | (23) Criminal fortification of a residence or | ||||||
5 | building.
| ||||||
6 | (24) Arson.
| ||||||
7 | (25) Aggravated arson.
| ||||||
8 | (26) Possession of explosive or explosive incendiary | ||||||
9 | devices.
| ||||||
10 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
11 | (27) Felony unlawful use of weapons.
| ||||||
12 | (28) Aggravated discharge of a firearm.
| ||||||
13 | (29) Reckless discharge of a firearm.
| ||||||
14 | (30) Unlawful use of metal piercing bullets.
| ||||||
15 | (31) Unlawful sale or delivery of firearms on the | ||||||
16 | premises of any school.
| ||||||
17 | (32) Disarming a police officer.
| ||||||
18 | (33) Obstructing justice.
| ||||||
19 | (34) Concealing or aiding a fugitive.
| ||||||
20 | (35) Armed violence.
| ||||||
21 | (36) Felony contributing to the criminal delinquency | ||||||
22 | of a juvenile.
| ||||||
23 | (IV) DRUG OFFENSES
|
| |||||||
| |||||||
1 | (37) Possession of more than 30 grams of cannabis.
| ||||||
2 | (38) Manufacture of more than 10 grams of cannabis.
| ||||||
3 | (39) Cannabis trafficking.
| ||||||
4 | (40) Delivery of cannabis on school grounds.
| ||||||
5 | (41) Unauthorized production of more than 5 cannabis | ||||||
6 | sativa plants.
| ||||||
7 | (42) Calculated criminal cannabis conspiracy.
| ||||||
8 | (43) Unauthorized manufacture or delivery of | ||||||
9 | controlled substances.
| ||||||
10 | (44) Controlled substance trafficking.
| ||||||
11 | (45) Manufacture, distribution, or advertisement of | ||||||
12 | look-alike substances.
| ||||||
13 | (46) Calculated criminal drug conspiracy.
| ||||||
14 | (46.5) Streetgang criminal drug conspiracy.
| ||||||
15 | (47) Permitting unlawful use of a building.
| ||||||
16 | (48) Delivery of controlled, counterfeit, or | ||||||
17 | look-alike substances to
persons under age 18, or at truck | ||||||
18 | stops, rest stops, or safety rest areas, or
on school | ||||||
19 | property.
| ||||||
20 | (49) Using, engaging, or employing persons under 18 to | ||||||
21 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
22 | (50) Delivery of controlled substances.
| ||||||
23 | (51) Sale or delivery of drug paraphernalia.
| ||||||
24 | (52) Felony possession, sale, or exchange of | ||||||
25 | instruments adapted for use
of a controlled substance, |
| |||||||
| |||||||
1 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
2 | (53) Any violation of the Methamphetamine Control and | ||||||
3 | Community Protection Act.
| ||||||
4 | (d) Notwithstanding subsection (c), the Department may | ||||||
5 | make an exception and issue a new foster
family home license or | ||||||
6 | may renew an existing
foster family home license of an | ||||||
7 | applicant who was convicted of an offense
described in | ||||||
8 | subsection (c), provided all of the following requirements are
| ||||||
9 | met:
| ||||||
10 | (1) The relevant criminal offense or offenses occurred | ||||||
11 | more than 10 years
prior to the date of application or | ||||||
12 | renewal.
| ||||||
13 | (2) The applicant had previously disclosed the | ||||||
14 | conviction or convictions
to the Department for purposes of | ||||||
15 | a background check.
| ||||||
16 | (3) After the disclosure, the Department either placed | ||||||
17 | a child in the home
or the foster family home license was | ||||||
18 | issued.
| ||||||
19 | (4) During the background check, the Department had | ||||||
20 | assessed and
waived the conviction in compliance with the | ||||||
21 | existing statutes and rules in
effect at the time of the | ||||||
22 | hire or licensure.
| ||||||
23 | (5) The applicant meets all other requirements and | ||||||
24 | qualifications to be
licensed as a foster family home under | ||||||
25 | this Act and the Department's
administrative
rules.
| ||||||
26 | (6) The applicant has a history of providing a safe, |
| |||||||
| |||||||
1 | stable home
environment and appears able to continue to | ||||||
2 | provide a safe, stable home
environment.
| ||||||
3 | (e) In evaluating the exception pursuant to subsections | ||||||
4 | (b-2) and (d), the Department must carefully review any | ||||||
5 | relevant documents to determine whether the applicant, despite | ||||||
6 | the disqualifying convictions, poses a substantial risk to | ||||||
7 | State resources or clients. In making such a determination, the | ||||||
8 | following guidelines shall be used: | ||||||
9 | (1) the age of the applicant when the offense was | ||||||
10 | committed; | ||||||
11 | (2) the circumstances surrounding the offense; | ||||||
12 | (3) the length of time since the conviction; | ||||||
13 | (4) the specific duties and responsibilities | ||||||
14 | necessarily related to the license being applied for and | ||||||
15 | the bearing, if any, that the applicant's conviction | ||||||
16 | history may have on his or her fitness to perform these | ||||||
17 | duties and responsibilities; | ||||||
18 | (5) the applicant's employment references; | ||||||
19 | (6) the applicant's character references and any | ||||||
20 | certificates of achievement; | ||||||
21 | (7) an academic transcript showing educational | ||||||
22 | attainment since the disqualifying conviction; | ||||||
23 | (8) a Certificate of Relief from Disabilities or | ||||||
24 | Certificate of Good Conduct; and | ||||||
25 | (9) anything else that speaks to the applicant's | ||||||
26 | character. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | ||||||
2 | 96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff. | ||||||
3 | 7-31-12; 97-1109, eff. 1-1-13.) | ||||||
4 | (225 ILCS 10/14.6)
| ||||||
5 | Sec. 14.6. Agency payment of salaries or other | ||||||
6 | compensation.
| ||||||
7 | (a) A licensed child welfare agency may pay salaries or | ||||||
8 | other compensation to its officers, employees, agents, | ||||||
9 | contractors, or any other persons acting on its behalf for | ||||||
10 | providing adoption services, provided that all of the following | ||||||
11 | limitations apply: | ||||||
12 | (1) The fees, wages, salaries, or other compensation of | ||||||
13 | any description paid to the officers, employees, | ||||||
14 | contractors, or any other person acting on behalf of a | ||||||
15 | child welfare agency providing adoption services shall not | ||||||
16 | be unreasonably high in relation to the services actually | ||||||
17 | rendered. Every form of compensation shall be taken into | ||||||
18 | account in determining whether fees, wages, salaries, or | ||||||
19 | compensation are unreasonably high, including, but not | ||||||
20 | limited to, salary, bonuses, deferred and non-cash | ||||||
21 | compensation, retirement funds, medical and liability | ||||||
22 | insurance, loans, and other benefits such as the use, | ||||||
23 | purchase, or lease of vehicles, expense accounts, and food, | ||||||
24 | housing, and clothing allowances. | ||||||
25 | (2) Any earnings, if applicable, or compensation paid |
| |||||||
| |||||||
1 | to the child welfare agency's directors, stockholders, or | ||||||
2 | members of its governing body shall not be unreasonably | ||||||
3 | high in relation to the services rendered. | ||||||
4 | (3) Persons providing adoption services for a child | ||||||
5 | welfare agency may be compensated only for services | ||||||
6 | actually rendered and only on a fee-for-service, hourly | ||||||
7 | wage, or salary basis. | ||||||
8 | (b) The Department may adopt rules setting forth the | ||||||
9 | criteria to determine what constitutes unreasonably high fees | ||||||
10 | and compensation as those terms are used in this Section. In | ||||||
11 | determining the reasonableness of fees, wages, salaries, and | ||||||
12 | compensation under paragraphs (1) and (2) of subsection (a) of | ||||||
13 | this Section, the Department shall take into account the | ||||||
14 | location, number, and qualifications of staff, workload | ||||||
15 | requirements, budget, and size of the agency or person and | ||||||
16 | available norms for compensation within the adoption | ||||||
17 | community. Every licensed child welfare agency providing | ||||||
18 | adoption services shall provide the Department and the Attorney | ||||||
19 | General with a report, on an annual basis, providing a | ||||||
20 | description of the fees, wages, salaries and other compensation | ||||||
21 | described in paragraphs (1), (2), and (3) of this Section. | ||||||
22 | Nothing in Section 12C-70 of the Criminal Code of 2012 1961 | ||||||
23 | shall be construed to prevent a child welfare agency from | ||||||
24 | charging fees or the payment of salaries and compensation as | ||||||
25 | limited in this Section and any applicable Section of this Act | ||||||
26 | or the Adoption Act. |
| |||||||
| |||||||
1 | (c) This Section does not apply to international adoption | ||||||
2 | services performed by those child welfare agencies governed by | ||||||
3 | the 1993 Hague Convention on Protection of Children and | ||||||
4 | Cooperation in Respect of Intercountry Adoption and the | ||||||
5 | Intercountry Adoption Act of 2000. | ||||||
6 | (d) Eligible agencies may be deemed compliant with this | ||||||
7 | Section.
| ||||||
8 | (Source: P.A. 97-1109, eff. 1-1-13.) | ||||||
9 | Section 310. The Clinical Psychologist Licensing Act is | ||||||
10 | amended by changing Section 15.1 as follows: | ||||||
11 | (225 ILCS 15/15.1) | ||||||
12 | (Section scheduled to be repealed on January 1, 2017) | ||||||
13 | Sec. 15.1. Suspension of license for failure to pay | ||||||
14 | restitution. The Department, without further process or | ||||||
15 | hearing, shall suspend the license or other authorization to | ||||||
16 | practice of any person issued under this Act who has been | ||||||
17 | certified by court order as not having paid restitution to a | ||||||
18 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
19 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 . A person whose license or other | ||||||
21 | authorization to practice is suspended under this Section is | ||||||
22 | prohibited from practicing until the restitution is made in | ||||||
23 | full.
| ||||||
24 | (Source: P.A. 96-1551, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | Section 315. The Clinical Social Work and Social Work | ||||||
2 | Practice Act is amended by changing Section 19.5 as follows: | ||||||
3 | (225 ILCS 20/19.5) | ||||||
4 | (Section scheduled to be repealed on January 1, 2018) | ||||||
5 | Sec. 19.5. Suspension of license for failure to pay | ||||||
6 | restitution. The Department, without further process or | ||||||
7 | hearing, shall suspend the license or other authorization to | ||||||
8 | practice of any person issued under this Act who has been | ||||||
9 | certified by court order as not having paid restitution to a | ||||||
10 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
11 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 . A person whose license or other | ||||||
13 | authorization to practice is suspended under this Section is | ||||||
14 | prohibited from practicing until the restitution is made in | ||||||
15 | full.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
17 | Section 320. The Illinois Dental Practice Act is amended by | ||||||
18 | changing Section 23c as follows: | ||||||
19 | (225 ILCS 25/23c) | ||||||
20 | (Section scheduled to be repealed on January 1, 2016) | ||||||
21 | Sec. 23c. Suspension of license for failure to pay | ||||||
22 | restitution. The Department, without further process or |
| |||||||
| |||||||
1 | hearing, shall suspend the license or other authorization to | ||||||
2 | practice of any person issued under this Act who has been | ||||||
3 | certified by court order as not having paid restitution to a | ||||||
4 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
5 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 . A person whose license or other | ||||||
7 | authorization to practice is suspended under this Section is | ||||||
8 | prohibited from practicing until the restitution is made in | ||||||
9 | full.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
11 | Section 325. The Health Care Worker Background Check Act is | ||||||
12 | amended by changing Section 25 as follows:
| ||||||
13 | (225 ILCS 46/25)
| ||||||
14 | Sec. 25. Persons ineligible to be hired by health care | ||||||
15 | employers and long-term care facilities.
| ||||||
16 | (a) In the discretion of the Director of Public Health, as | ||||||
17 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||
18 | or October 1, 2007, as applicable, and as is reasonably | ||||||
19 | practical, no
health care employer shall knowingly hire, | ||||||
20 | employ, or retain any
individual in a position with duties | ||||||
21 | involving direct care for clients,
patients, or residents, and | ||||||
22 | no long-term care facility shall knowingly hire, employ, or | ||||||
23 | retain any individual in a position with duties that involve or | ||||||
24 | may involve
contact with residents or access to the living |
| |||||||
| |||||||
1 | quarters or the financial, medical, or personal records of | ||||||
2 | residents, who has been convicted of committing or attempting | ||||||
3 | to
commit one or more of the following offenses: those defined | ||||||
4 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||
5 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||
6 | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||||||
7 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
8 | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
9 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | ||||||
10 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| ||||||
11 | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | ||||||
12 | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
| ||||||
13 | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | ||||||
14 | Section 11-14.4, or in subsection (a) of Section 12-3 or | ||||||
15 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
16 | of 1961 or the Criminal Code of 2012 ; those provided in
Section | ||||||
17 | 4 of the Wrongs to Children Act; those provided in Section 53 | ||||||
18 | of the
Criminal Jurisprudence Act; those defined in Section 5, | ||||||
19 | 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those defined in | ||||||
20 | the Methamphetamine Control and Community Protection Act; or | ||||||
21 | those defined in Sections 401, 401.1, 404, 405,
405.1, 407, or | ||||||
22 | 407.1 of the Illinois Controlled Substances Act, unless the
| ||||||
23 | applicant or employee obtains a waiver pursuant to Section 40.
| ||||||
24 | (a-1) In the discretion of the Director of Public Health, | ||||||
25 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
26 | applicable, and as is reasonably practical, no health care |
| |||||||
| |||||||
1 | employer shall knowingly hire
any individual in a position with | ||||||
2 | duties involving direct care for clients,
patients, or | ||||||
3 | residents, and no long-term care facility shall knowingly hire | ||||||
4 | any individual in a position with duties that involve or may | ||||||
5 | involve
contact with residents or access to the living quarters | ||||||
6 | or the financial, medical, or personal records of residents, | ||||||
7 | who has (i) been convicted of committing or attempting
to | ||||||
8 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
9 | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | ||||||
10 | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | ||||||
11 | 24-3.3, or subsection (b) of Section 17-32, subsection (b) of | ||||||
12 | Section 18-1, or subsection (b) of Section 20-1,
of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 ; Section 4, | ||||||
14 | 5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card | ||||||
15 | Act; or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 or Section 5.1 of the Wrongs to Children | ||||||
17 | Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, | ||||||
18 | unless the applicant or employee obtains a waiver pursuant to | ||||||
19 | Section 40 of this Act.
| ||||||
20 | A health care employer is not required to retain an | ||||||
21 | individual in a position
with duties involving direct care for | ||||||
22 | clients, patients, or residents, and no long-term care facility | ||||||
23 | is required to retain an individual in a position with duties | ||||||
24 | that involve or may involve
contact with residents or access to | ||||||
25 | the living quarters or the financial, medical, or personal | ||||||
26 | records of residents, who has
been convicted of committing or |
| |||||||
| |||||||
1 | attempting to commit one or more of
the offenses enumerated in | ||||||
2 | this subsection.
| ||||||
3 | (b) A health care employer shall not hire, employ, or | ||||||
4 | retain any
individual in a position with duties involving | ||||||
5 | direct care of clients,
patients, or residents, and no | ||||||
6 | long-term care facility shall knowingly hire, employ, or retain | ||||||
7 | any individual in a position with duties that involve or may | ||||||
8 | involve
contact with residents or access to the living quarters | ||||||
9 | or the financial, medical, or personal records of residents, if | ||||||
10 | the health care employer becomes aware that the
individual has | ||||||
11 | been convicted in another state of committing or attempting to
| ||||||
12 | commit an offense that has the same or similar elements as an | ||||||
13 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
14 | records, records from a state
agency, or an FBI criminal | ||||||
15 | history record check, unless the applicant or employee obtains | ||||||
16 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
17 | construed to
mean that a health care employer has an obligation | ||||||
18 | to conduct a criminal
history records check in other states in | ||||||
19 | which an employee has resided.
| ||||||
20 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
21 | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | ||||||
22 | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | ||||||
23 | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||||||
24 | 9-20-12.) | ||||||
25 | Section 330. The Hearing Instrument Consumer Protection |
| |||||||
| |||||||
1 | Act is amended by changing Section 18.5 as follows: | ||||||
2 | (225 ILCS 50/18.5) | ||||||
3 | (Section scheduled to be repealed on January 1, 2016) | ||||||
4 | Sec. 18.5. Suspension of license for failure to pay | ||||||
5 | restitution. The Department, without further process or | ||||||
6 | hearing, shall suspend the license or other authorization to | ||||||
7 | practice of any person issued under this Act who has been | ||||||
8 | certified by court order as not having paid restitution to a | ||||||
9 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
10 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012 . A person whose license or other | ||||||
12 | authorization to practice is suspended under this Section is | ||||||
13 | prohibited from practicing until the restitution is made in | ||||||
14 | full.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
16 | Section 335. The Home Medical Equipment and Services | ||||||
17 | Provider License Act is amended by changing Section 77 as | ||||||
18 | follows: | ||||||
19 | (225 ILCS 51/77) | ||||||
20 | (Section scheduled to be repealed on January 1, 2018) | ||||||
21 | Sec. 77. Suspension of license for failure to pay | ||||||
22 | restitution. The Department, without further process or | ||||||
23 | hearing, shall suspend the license or other authorization to |
| |||||||
| |||||||
1 | practice of any person issued under this Act who has been | ||||||
2 | certified by court order as not having paid restitution to a | ||||||
3 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
4 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012 . A person whose license or other | ||||||
6 | authorization to practice is suspended under this Section is | ||||||
7 | prohibited from practicing until the restitution is made in | ||||||
8 | full.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
10 | Section 340. The Marriage and Family Therapy Licensing Act | ||||||
11 | is amended by changing Section 87 as follows: | ||||||
12 | (225 ILCS 55/87) | ||||||
13 | (Section scheduled to be repealed on January 1, 2018) | ||||||
14 | Sec. 87. Suspension of license for failure to pay | ||||||
15 | restitution. The Department, without further process or | ||||||
16 | hearing, shall suspend the license or other authorization to | ||||||
17 | practice of any person issued under this Act who has been | ||||||
18 | certified by court order as not having paid restitution to a | ||||||
19 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
20 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012 . A person whose license or other | ||||||
22 | authorization to practice is suspended under this Section is | ||||||
23 | prohibited from practicing until the restitution is made in | ||||||
24 | full.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
2 | Section 345. The Medical Practice Act of 1987 is amended by | ||||||
3 | changing Section 22.5 as follows: | ||||||
4 | (225 ILCS 60/22.5) | ||||||
5 | (Section scheduled to be repealed on December 31, 2012) | ||||||
6 | Sec. 22.5. Suspension of license for failure to pay | ||||||
7 | restitution. The Department, without further process or | ||||||
8 | hearing, shall suspend the license or other authorization to | ||||||
9 | practice of any person issued under this Act who has been | ||||||
10 | certified by court order as not having paid restitution to a | ||||||
11 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
12 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012 . A person whose license or other | ||||||
14 | authorization to practice is suspended under this Section is | ||||||
15 | prohibited from practicing until the restitution is made in | ||||||
16 | full.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
18 | Section 350. The Naprapathic Practice Act is amended by | ||||||
19 | changing Section 113 as follows: | ||||||
20 | (225 ILCS 63/113) | ||||||
21 | (Section scheduled to be repealed on January 1, 2023) | ||||||
22 | Sec. 113. Suspension of license for failure to pay |
| |||||||
| |||||||
1 | restitution. The Department, without further process or | ||||||
2 | hearing, shall suspend the license or other authorization to | ||||||
3 | practice of any person issued under this Act who has been | ||||||
4 | certified by court order as not having paid restitution to a | ||||||
5 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
6 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012 . A person whose license or other | ||||||
8 | authorization to practice is suspended under this Section is | ||||||
9 | prohibited from practicing until the restitution is made in | ||||||
10 | full.
| ||||||
11 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
12 | Section 355. The Nurse Practice Act is amended by changing | ||||||
13 | Section 70-20 as follows: | ||||||
14 | (225 ILCS 65/70-20) (was 225 ILCS 65/20-13) | ||||||
15 | (Section scheduled to be repealed on January 1, 2018) | ||||||
16 | Sec. 70-20. Suspension of license or registration for | ||||||
17 | failure to pay restitution. The Department, without further | ||||||
18 | process or hearing, shall suspend the license or other | ||||||
19 | authorization to practice of any person issued under this Act | ||||||
20 | who has been certified by court order as not having paid | ||||||
21 | restitution to a person under Section 8A-3.5 of the Illinois | ||||||
22 | Public Aid Code or under Section 17-10.5 or 46-1 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 . A person | ||||||
24 | whose license or other authorization to practice is suspended |
| |||||||
| |||||||
1 | under this Section is prohibited from practicing until the | ||||||
2 | restitution is made in full.
| ||||||
3 | (Source: P.A. 95-639, eff. 10-5-07; 96-1551, eff. 7-1-11 .) | ||||||
4 | Section 360. The Nursing Home Administrators Licensing and | ||||||
5 | Disciplinary Act is amended by changing Section 17 as follows: | ||||||
6 | (225 ILCS 70/17) (from Ch. 111, par. 3667) | ||||||
7 | Sec. 17. Grounds for disciplinary action. | ||||||
8 | (a) The Department may impose fines not to exceed $10,000
| ||||||
9 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
10 | place on probation,
censure, reprimand or take other | ||||||
11 | disciplinary or non-disciplinary action with regard to the
| ||||||
12 | license of any person, for any one or combination
of the | ||||||
13 | following causes: | ||||||
14 | (1) Intentional material misstatement in furnishing | ||||||
15 | information
to
the Department. | ||||||
16 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
17 | contendere to any crime that is a felony under the laws of | ||||||
18 | the United States
or any
state or territory thereof or
a | ||||||
19 | misdemeanor of which an
essential element is dishonesty or | ||||||
20 | that is directly
related to the practice of the profession | ||||||
21 | of nursing home administration. | ||||||
22 | (3) Making any misrepresentation for the purpose of | ||||||
23 | obtaining
a license,
or violating any provision of this | ||||||
24 | Act. |
| |||||||
| |||||||
1 | (4) Immoral conduct in the commission of any act, such | ||||||
2 | as
sexual abuse or
sexual misconduct, related to the | ||||||
3 | licensee's practice. | ||||||
4 | (5) Failing to respond within 30
days, to a
written | ||||||
5 | request made by the Department for information. | ||||||
6 | (6) Engaging in dishonorable, unethical or | ||||||
7 | unprofessional
conduct of a
character likely to deceive, | ||||||
8 | defraud or harm the public. | ||||||
9 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
10 | stimulants, or any
other chemical agent or drug which | ||||||
11 | results in the inability to practice
with reasonable | ||||||
12 | judgment, skill or safety. | ||||||
13 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
14 | one of the grounds for the discipline is the same or | ||||||
15 | substantially
equivalent to those set forth herein. | ||||||
16 | (9) A finding by the Department that the licensee, | ||||||
17 | after having
his or her license
placed on probationary | ||||||
18 | status has violated the terms of probation. | ||||||
19 | (10) Willfully making or filing false records or | ||||||
20 | reports in
his or her
practice,
including but not limited | ||||||
21 | to false records filed with State agencies or
departments. | ||||||
22 | (11) Physical illness, mental illness, or other | ||||||
23 | impairment or disability, including, but not limited to,
| ||||||
24 | deterioration
through the aging process, or loss of motor | ||||||
25 | skill that results in
the
inability to practice the | ||||||
26 | profession with reasonable judgment, skill or safety. |
| |||||||
| |||||||
1 | (12) Disregard or violation of this Act or of any rule
| ||||||
2 | issued pursuant to this Act. | ||||||
3 | (13) Aiding or abetting another in the violation of | ||||||
4 | this Act
or any rule
or regulation issued pursuant to this | ||||||
5 | Act. | ||||||
6 | (14) Allowing one's license to be used by an unlicensed
| ||||||
7 | person. | ||||||
8 | (15) (Blank).
| ||||||
9 | (16) Professional incompetence in the practice of | ||||||
10 | nursing
home administration. | ||||||
11 | (17) Conviction of a violation of Section 12-19 or | ||||||
12 | subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||||||
13 | 1961 or the Criminal Code of 2012 for the abuse and | ||||||
14 | criminal neglect of a long term care facility resident. | ||||||
15 | (18) Violation of the Nursing Home Care Act, the | ||||||
16 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
17 | Community Care Act or of any rule
issued under the Nursing | ||||||
18 | Home Care Act, the Specialized Mental Health | ||||||
19 | Rehabilitation Act, or the ID/DD Community Care Act. A | ||||||
20 | final adjudication of a Type "AA" violation of the Nursing | ||||||
21 | Home Care Act made by the Illinois Department of Public | ||||||
22 | Health, as identified by rule, relating to the hiring, | ||||||
23 | training, planning, organizing, directing, or supervising | ||||||
24 | the operation of a nursing home and a licensee's failure to | ||||||
25 | comply with this Act or the rules adopted under this Act, | ||||||
26 | shall create a rebuttable presumption of a violation of |
| |||||||
| |||||||
1 | this subsection. | ||||||
2 | (19) Failure to report to the Department any adverse | ||||||
3 | final action taken against the licensee by a licensing | ||||||
4 | authority of another state, territory of the United States, | ||||||
5 | or foreign country; or by any governmental or law | ||||||
6 | enforcement agency; or by any court for acts or conduct | ||||||
7 | similar to acts or conduct that would constitute grounds | ||||||
8 | for disciplinary action under this Section. | ||||||
9 | (20) Failure to report to the Department the surrender | ||||||
10 | of a license or authorization to practice as a nursing home | ||||||
11 | administrator in another state or jurisdiction for acts or | ||||||
12 | conduct similar to acts or conduct that would constitute | ||||||
13 | grounds for disciplinary action under this Section. | ||||||
14 | (21) Failure to report to the Department any adverse | ||||||
15 | judgment, settlement, or award arising from a liability | ||||||
16 | claim related to acts or conduct similar to acts or conduct | ||||||
17 | that would constitute grounds for disciplinary action | ||||||
18 | under this Section. | ||||||
19 | All proceedings to suspend, revoke, place on
probationary | ||||||
20 | status, or take any other disciplinary action
as the Department | ||||||
21 | may deem proper, with regard to a license
on any of the | ||||||
22 | foregoing grounds, must be commenced within
5
years next after | ||||||
23 | receipt by the Department of (i) a
complaint
alleging the | ||||||
24 | commission of or notice of the conviction order
for any of the | ||||||
25 | acts described herein or (ii) a referral for investigation
| ||||||
26 | under
Section 3-108 of the Nursing Home Care Act. |
| |||||||
| |||||||
1 | The entry of an order or judgment by any circuit court | ||||||
2 | establishing that
any person holding a license under this Act | ||||||
3 | is a person in need of mental
treatment operates as a | ||||||
4 | suspension of that license. That person may resume
their | ||||||
5 | practice only upon the entry of a Department order based upon a
| ||||||
6 | finding by the Board that they have been determined to
be | ||||||
7 | recovered from mental illness by the court and upon the
Board's | ||||||
8 | recommendation that they be permitted to resume their practice. | ||||||
9 | The Department, upon the recommendation of the
Board, may
| ||||||
10 | adopt rules which set forth
standards to be used in determining | ||||||
11 | what constitutes: | ||||||
12 | (i)
when a person will be deemed sufficiently
| ||||||
13 | rehabilitated to warrant the public trust; | ||||||
14 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
15 | of a character likely to deceive,
defraud, or harm the | ||||||
16 | public; | ||||||
17 | (iii)
immoral conduct in the commission
of any act | ||||||
18 | related to the licensee's practice; and | ||||||
19 | (iv)
professional incompetence in the practice
of | ||||||
20 | nursing home administration. | ||||||
21 | However, no such rule shall be admissible into evidence
in | ||||||
22 | any civil action except for review of a licensing or
other | ||||||
23 | disciplinary action under this Act. | ||||||
24 | In enforcing this Section, the Department or Board, upon a | ||||||
25 | showing of a
possible
violation,
may compel any individual | ||||||
26 | licensed to practice under this
Act, or who has applied for |
| |||||||
| |||||||
1 | licensure
pursuant to this Act, to submit to a mental or | ||||||
2 | physical
examination, or both, as required by and at the | ||||||
3 | expense of
the Department. The examining physician or | ||||||
4 | physicians shall
be those specifically designated by the | ||||||
5 | Department or Board.
The Department or Board may order the | ||||||
6 | examining physician to present
testimony
concerning this | ||||||
7 | mental or physical examination of the licensee or applicant. No
| ||||||
8 | information shall be excluded by reason of any common law or | ||||||
9 | statutory
privilege relating to communications between the | ||||||
10 | licensee or applicant and the
examining physician.
The | ||||||
11 | individual to be examined may have, at his or her own
expense, | ||||||
12 | another physician of his or her choice present
during all | ||||||
13 | aspects of the examination. Failure of any
individual to submit | ||||||
14 | to mental or physical examination, when
directed, shall be | ||||||
15 | grounds for suspension of his or her
license until such time as | ||||||
16 | the individual submits to the
examination if the Department | ||||||
17 | finds, after notice
and hearing, that the refusal to submit to | ||||||
18 | the examination
was without reasonable cause. | ||||||
19 | If the Department or Board
finds an individual unable to | ||||||
20 | practice
because of the reasons
set forth in this Section, the | ||||||
21 | Department or Board shall
require such individual to submit to | ||||||
22 | care, counseling, or
treatment by physicians approved or | ||||||
23 | designated by the
Department or Board, as a condition, term, or | ||||||
24 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
25 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
26 | Department may file, or the Board may recommend to the
|
| |||||||
| |||||||
1 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
2 | or otherwise discipline the license of the
individual.
Any | ||||||
3 | individual whose license was granted pursuant to
this Act or | ||||||
4 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
5 | subject to such terms, conditions
or restrictions who shall | ||||||
6 | fail to comply with such terms,
conditions or restrictions
| ||||||
7 | shall be referred to the Secretary
for a
determination as to | ||||||
8 | whether the licensee shall have his or her
license suspended | ||||||
9 | immediately, pending a hearing by the
Department. In instances | ||||||
10 | in which the Secretary
immediately suspends a license under | ||||||
11 | this Section, a hearing
upon such person's license must be | ||||||
12 | convened by the
Board within 30
days after such suspension and
| ||||||
13 | completed without appreciable delay. The Department and Board
| ||||||
14 | shall have the authority to review the subject administrator's
| ||||||
15 | record of treatment and counseling regarding the impairment,
to | ||||||
16 | the extent permitted by applicable federal statutes and
| ||||||
17 | regulations safeguarding the confidentiality of medical | ||||||
18 | records. | ||||||
19 | An individual licensed under this Act, affected under
this | ||||||
20 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
21 | Department or Board that he or she can
resume
practice in | ||||||
22 | compliance with acceptable and prevailing
standards under the | ||||||
23 | provisions of his or her license. | ||||||
24 | (b) Any individual or
organization acting in good faith, | ||||||
25 | and not in a wilful and
wanton manner, in complying with this | ||||||
26 | Act by providing any
report or other information to the |
| |||||||
| |||||||
1 | Department, or
assisting in the investigation or preparation of | ||||||
2 | such
information, or by participating in proceedings of the
| ||||||
3 | Department, or by serving as a member of the
Board, shall not, | ||||||
4 | as a result of such actions,
be subject to criminal prosecution | ||||||
5 | or civil damages. | ||||||
6 | (c) Members of the Board, and persons
retained under | ||||||
7 | contract to assist and advise in an investigation,
shall be | ||||||
8 | indemnified by the State for any actions
occurring within the | ||||||
9 | scope of services on or for the Board, done in good
faith
and | ||||||
10 | not wilful and wanton in
nature. The Attorney General shall | ||||||
11 | defend all such actions
unless he or she determines either that | ||||||
12 | there would be a
conflict of interest in such representation or | ||||||
13 | that the
actions complained of were not in good faith or were | ||||||
14 | wilful and wanton. | ||||||
15 | Should the Attorney General decline representation,
a | ||||||
16 | person entitled to indemnification under this Section shall | ||||||
17 | have the
right to employ counsel of his or her
choice, whose | ||||||
18 | fees shall be provided by the State, after
approval by the | ||||||
19 | Attorney General, unless there is a
determination by a court | ||||||
20 | that the member's actions were not
in good faith or were wilful | ||||||
21 | and wanton. | ||||||
22 | A person entitled to indemnification under this
Section | ||||||
23 | must notify the Attorney General within 7
days of receipt of | ||||||
24 | notice of the initiation of any action
involving services of | ||||||
25 | the Board. Failure to so
notify the Attorney General shall | ||||||
26 | constitute an absolute
waiver of the right to a defense and |
| |||||||
| |||||||
1 | indemnification. | ||||||
2 | The Attorney General shall determine within 7 days
after | ||||||
3 | receiving such notice, whether he or she will undertake to | ||||||
4 | represent
a
person entitled to indemnification under this | ||||||
5 | Section. | ||||||
6 | (d) The determination by a circuit court that a licensee is | ||||||
7 | subject to
involuntary admission or judicial admission as | ||||||
8 | provided in the Mental
Health and Developmental Disabilities | ||||||
9 | Code, as amended, operates as an
automatic suspension. Such | ||||||
10 | suspension will end only upon a finding by a
court that the | ||||||
11 | patient is no longer subject to involuntary admission or
| ||||||
12 | judicial admission and issues an order so finding and | ||||||
13 | discharging the
patient; and upon the recommendation of the | ||||||
14 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
15 | his or her practice. | ||||||
16 | (e) The Department may refuse to issue or may suspend the | ||||||
17 | license of
any person who fails to file a return, or to pay the | ||||||
18 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
19 | final assessment of tax,
penalty or interest, as required by | ||||||
20 | any tax Act administered by the Department of Revenue, until | ||||||
21 | such time as the requirements of any
such tax Act are | ||||||
22 | satisfied. | ||||||
23 | (f) The Department of Public Health shall transmit to the
| ||||||
24 | Department a list of those facilities which receive an "A" | ||||||
25 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
2 | 96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
3 | 97-1109, eff. 1-1-13.) | ||||||
4 | Section 365. The Illinois Occupational Therapy Practice | ||||||
5 | Act is amended by changing Section 19.17 as follows: | ||||||
6 | (225 ILCS 75/19.17) | ||||||
7 | (Section scheduled to be repealed on January 1, 2014) | ||||||
8 | Sec. 19.17. Suspension of license for failure to pay | ||||||
9 | restitution. The Department, without further process or | ||||||
10 | hearing, shall suspend the license or other authorization to | ||||||
11 | practice of any person issued under this Act who has been | ||||||
12 | certified by court order as not having paid restitution to a | ||||||
13 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
14 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 . A person whose license or other | ||||||
16 | authorization to practice is suspended under this Section is | ||||||
17 | prohibited from practicing until the restitution is made in | ||||||
18 | full.
| ||||||
19 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
20 | Section 370. The Illinois Optometric Practice Act of 1987 | ||||||
21 | is amended by changing Section 24.5 as follows: | ||||||
22 | (225 ILCS 80/24.5) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2017) | ||||||
2 | Sec. 24.5. Suspension of license for failure to pay | ||||||
3 | restitution. The Department, without further process or | ||||||
4 | hearing, shall suspend the license or other authorization to | ||||||
5 | practice of any person issued under this Act who has been | ||||||
6 | certified by court order as not having paid restitution to a | ||||||
7 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
8 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 . A person whose license or other | ||||||
10 | authorization to practice is suspended under this Section is | ||||||
11 | prohibited from practicing until the restitution is made in | ||||||
12 | full.
| ||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
14 | Section 375. The Orthotics, Prosthetics, and Pedorthics | ||||||
15 | Practice Act is amended by changing Section 93 as follows: | ||||||
16 | (225 ILCS 84/93) | ||||||
17 | (Section scheduled to be repealed on January 1, 2020) | ||||||
18 | Sec. 93. Suspension of license for failure to pay | ||||||
19 | restitution. The Department, without further process or | ||||||
20 | hearing, shall suspend the license or other authorization to | ||||||
21 | practice of any person issued under this Act who has been | ||||||
22 | certified by court order as not having paid restitution to a | ||||||
23 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
24 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012 . A person whose license or other | ||||||
2 | authorization to practice is suspended under this Section is | ||||||
3 | prohibited from practicing until the restitution is made in | ||||||
4 | full.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
6 | Section 380. The Pharmacy Practice Act is amended by | ||||||
7 | changing Section 30.5 as follows: | ||||||
8 | (225 ILCS 85/30.5) | ||||||
9 | (Section scheduled to be repealed on January 1, 2018) | ||||||
10 | Sec. 30.5. Suspension of license or certificate for failure | ||||||
11 | to pay restitution. The Department, without further process or | ||||||
12 | hearing, shall suspend the license or other authorization to | ||||||
13 | practice of any person issued under this Act who has been | ||||||
14 | certified by court order as not having paid restitution to a | ||||||
15 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
16 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 . A person whose license or other | ||||||
18 | authorization to practice is suspended under this Section is | ||||||
19 | prohibited from practicing until the restitution is made in | ||||||
20 | full.
| ||||||
21 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
22 | Section 385. The Illinois Physical Therapy Act is amended | ||||||
23 | by changing Section 17.5 as follows: |
| |||||||
| |||||||
1 | (225 ILCS 90/17.5) | ||||||
2 | (Section scheduled to be repealed on January 1, 2016) | ||||||
3 | Sec. 17.5. Suspension of license for failure to pay | ||||||
4 | restitution. The Department, without further process or | ||||||
5 | hearing, shall suspend the license or other authorization to | ||||||
6 | practice of any person issued under this Act who has been | ||||||
7 | certified by court order as not having paid restitution to a | ||||||
8 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
9 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012 . A person whose license or other | ||||||
11 | authorization to practice is suspended under this Section is | ||||||
12 | prohibited from practicing until the restitution is made in | ||||||
13 | full.
| ||||||
14 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
15 | Section 390. The Physician Assistant Practice Act of 1987 | ||||||
16 | is amended by changing Section 21.5 as follows: | ||||||
17 | (225 ILCS 95/21.5) | ||||||
18 | (Section scheduled to be repealed on January 1, 2018) | ||||||
19 | Sec. 21.5. Suspension of license for failure to pay | ||||||
20 | restitution. The Department, without further process or | ||||||
21 | hearing, shall suspend the license or other authorization to | ||||||
22 | practice of any person issued under this Act who has been | ||||||
23 | certified by court order as not having paid restitution to a |
| |||||||
| |||||||
1 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
2 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012 . A person whose license or other | ||||||
4 | authorization to practice is suspended under this Section is | ||||||
5 | prohibited from practicing until the restitution is made in | ||||||
6 | full.
| ||||||
7 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
8 | Section 395. The Podiatric Medical Practice Act of 1987 is | ||||||
9 | amended by changing Section 24.5 as follows: | ||||||
10 | (225 ILCS 100/24.5) | ||||||
11 | (Section scheduled to be repealed on January 1, 2018) | ||||||
12 | Sec. 24.5. Suspension of license for failure to pay | ||||||
13 | restitution. The Department, without further process or | ||||||
14 | hearing, shall suspend the license or other authorization to | ||||||
15 | practice of any person issued under this Act who has been | ||||||
16 | certified by court order as not having paid restitution to a | ||||||
17 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
18 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012 . A person whose license or other | ||||||
20 | authorization to practice is suspended under this Section is | ||||||
21 | prohibited from practicing until the restitution is made in | ||||||
22 | full.
| ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | Section 400. The Respiratory Care Practice Act is amended | ||||||
2 | by changing Section 97 as follows: | ||||||
3 | (225 ILCS 106/97) | ||||||
4 | (Section scheduled to be repealed on January 1, 2016) | ||||||
5 | Sec. 97. Suspension of license for failure to pay | ||||||
6 | restitution. The Department, without further process or | ||||||
7 | hearing, shall suspend the license or other authorization to | ||||||
8 | practice of any person issued under this Act who has been | ||||||
9 | certified by court order as not having paid restitution to a | ||||||
10 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
11 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 . A person whose license or other | ||||||
13 | authorization to practice is suspended under this Section is | ||||||
14 | prohibited from practicing until the restitution is made in | ||||||
15 | full.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
17 | Section 405. The Professional Counselor and Clinical | ||||||
18 | Professional Counselor
Licensing and Practice Act is amended by | ||||||
19 | changing Section 83 as follows: | ||||||
20 | (225 ILCS 107/83) | ||||||
21 | (Section scheduled to be repealed on January 1, 2023) | ||||||
22 | Sec. 83. Suspension of license for failure to pay | ||||||
23 | restitution. The Department, without further process or |
| |||||||
| |||||||
1 | hearing, shall suspend the license or other authorization to | ||||||
2 | practice of any person issued under this Act who has been | ||||||
3 | certified by court order as not having paid restitution to a | ||||||
4 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
5 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 . A person whose license or other | ||||||
7 | authorization to practice is suspended under this Section is | ||||||
8 | prohibited from practicing until the restitution is made in | ||||||
9 | full.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
11 | Section 410. The Illinois Speech-Language Pathology and
| ||||||
12 | Audiology Practice Act is amended by changing Section 16.3 as | ||||||
13 | follows: | ||||||
14 | (225 ILCS 110/16.3) | ||||||
15 | (Section scheduled to be repealed on January 1, 2018) | ||||||
16 | Sec. 16.3. Suspension of license for failure to pay | ||||||
17 | restitution. The Department, without further process or | ||||||
18 | hearing, shall suspend the license or other authorization to | ||||||
19 | practice of any person issued under this Act who has been | ||||||
20 | certified by court order as not having paid restitution to a | ||||||
21 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
22 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 . A person whose license or other | ||||||
24 | authorization to practice is suspended under this Section is |
| |||||||
| |||||||
1 | prohibited from practicing until the restitution is made in | ||||||
2 | full.
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
4 | Section 415. The Veterinary Medicine and Surgery Practice | ||||||
5 | Act of 2004 is amended by changing Sections 19, 25, and 25.19 | ||||||
6 | as follows:
| ||||||
7 | (225 ILCS 115/19) (from Ch. 111, par. 7019)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
9 | Sec. 19.
Any person filing or attempting to file as his | ||||||
10 | own, the diploma
of another, or a forged, fictitious or | ||||||
11 | fraudulently obtained diploma or
certificate, shall upon | ||||||
12 | conviction be subject to such fine and imprisonment
as are set | ||||||
13 | forth in the " Criminal Code of 2012 1961" , approved July 28, | ||||||
14 | 1961,
as amended, for the crime of forgery.
| ||||||
15 | (Source: P.A. 83-1016 .)
| ||||||
16 | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
18 | Sec. 25. Disciplinary actions.
| ||||||
19 | 1. The Department may refuse to issue or renew, or may | ||||||
20 | revoke,
suspend, place on probation, reprimand, or take other | ||||||
21 | disciplinary
action as the Department may deem appropriate, | ||||||
22 | including fines not to
exceed $1,000 for each violation, with | ||||||
23 | regard to any
license or certificate for any one or combination |
| |||||||
| |||||||
1 | of the following:
| ||||||
2 | A. Material misstatement in furnishing information to | ||||||
3 | the
Department.
| ||||||
4 | B. Violations of this Act, or of the rules adopted | ||||||
5 | pursuant to this Act.
| ||||||
6 | C. Conviction of any crime under the laws of the United | ||||||
7 | States or any
state or territory of the United States that | ||||||
8 | is a felony or that is a
misdemeanor, an essential element | ||||||
9 | of which is dishonesty, or of any crime that
is directly | ||||||
10 | related to the practice of the profession.
| ||||||
11 | D. Making any misrepresentation for the purpose of | ||||||
12 | obtaining licensure or
certification, or violating any | ||||||
13 | provision of this Act or the rules adopted pursuant to this | ||||||
14 | Act pertaining to advertising.
| ||||||
15 | E. Professional incompetence.
| ||||||
16 | F. Gross malpractice.
| ||||||
17 | G. Aiding or assisting another person in violating any | ||||||
18 | provision of this
Act or rules.
| ||||||
19 | H. Failing, within 60 days, to provide information in | ||||||
20 | response to a
written request made by the Department.
| ||||||
21 | I. Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a
character likely to deceive, | ||||||
23 | defraud, or harm the public.
| ||||||
24 | J. Habitual or excessive use or addiction to alcohol, | ||||||
25 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
26 | that results in the inability
to practice with reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety.
| ||||||
2 | K. Discipline by another state, District of Columbia, | ||||||
3 | territory, or
foreign nation, if at least one of the | ||||||
4 | grounds for the discipline is the same
or substantially | ||||||
5 | equivalent to those set forth herein.
| ||||||
6 | L. Directly or indirectly giving to or receiving from | ||||||
7 | any person, firm,
corporation, partnership or association | ||||||
8 | any fee, commission, rebate, or other
form of compensation | ||||||
9 | for professional services not actually or personally
| ||||||
10 | rendered.
| ||||||
11 | M. A finding by the Board that the licensee or | ||||||
12 | certificate holder,
after having his license or | ||||||
13 | certificate placed on probationary status, has
violated | ||||||
14 | the terms of probation.
| ||||||
15 | N. Willfully making or filing false records or reports | ||||||
16 | in his practice,
including but not limited to false records | ||||||
17 | filed with State agencies or
departments.
| ||||||
18 | O. Physical illness, including but not limited to, | ||||||
19 | deterioration through
the aging process, or loss of motor | ||||||
20 | skill which results in the inability
to practice the | ||||||
21 | profession with reasonable judgment, skill, or safety.
| ||||||
22 | P. Solicitation of professional services other than | ||||||
23 | permitted
advertising.
| ||||||
24 | Q. Having professional connection with or lending | ||||||
25 | one's name, directly
or indirectly, to any illegal | ||||||
26 | practitioner of veterinary medicine and surgery
and the |
| |||||||
| |||||||
1 | various branches thereof.
| ||||||
2 | R. Conviction of or cash compromise of a charge or | ||||||
3 | violation of the
Harrison Act or the Illinois Controlled | ||||||
4 | Substances Act, regulating narcotics.
| ||||||
5 | S. Fraud or dishonesty in applying, treating, or | ||||||
6 | reporting on
tuberculin or other biological tests.
| ||||||
7 | T. Failing to report, as required by law, or making | ||||||
8 | false report of any
contagious or infectious diseases.
| ||||||
9 | U. Fraudulent use or misuse of any health certificate, | ||||||
10 | shipping
certificate, brand inspection certificate, or | ||||||
11 | other blank forms used in
practice that might lead to the | ||||||
12 | dissemination of disease or the transportation
of diseased | ||||||
13 | animals dead or alive; or dilatory methods, willful | ||||||
14 | neglect, or
misrepresentation in the inspection of milk, | ||||||
15 | meat, poultry, and the by-products
thereof.
| ||||||
16 | V. Conviction on a charge of cruelty to animals.
| ||||||
17 | W. Failure to keep one's premises and all equipment | ||||||
18 | therein in a clean
and sanitary condition.
| ||||||
19 | X. Failure to provide satisfactory proof of having | ||||||
20 | participated in
approved continuing education programs.
| ||||||
21 | Y. Failure to (i) file a return, (ii) pay the tax, | ||||||
22 | penalty, or interest
shown in a filed return, or (iii) pay | ||||||
23 | any final assessment of tax, penalty, or
interest, as | ||||||
24 | required by any tax Act administered by the Illinois | ||||||
25 | Department of
Revenue, until the requirements of that tax | ||||||
26 | Act are satisfied.
|
| |||||||
| |||||||
1 | Z. Conviction by any court of competent jurisdiction, | ||||||
2 | either within or
outside this State, of any violation of | ||||||
3 | any law governing the practice of
veterinary medicine, if | ||||||
4 | the Department determines, after investigation, that
the | ||||||
5 | person has not been sufficiently rehabilitated to warrant | ||||||
6 | the public trust.
| ||||||
7 | AA. Promotion of the sale of drugs, devices, | ||||||
8 | appliances, or goods provided
for a patient in any manner | ||||||
9 | to exploit the client for financial gain of the
| ||||||
10 | veterinarian.
| ||||||
11 | BB. Gross, willful, or continued overcharging for | ||||||
12 | professional services,
including filing false statements | ||||||
13 | for collection of fees for which services are
not rendered.
| ||||||
14 | CC. Practicing under a false or, except as provided by | ||||||
15 | law, an assumed
name.
| ||||||
16 | DD. Fraud or misrepresentation in applying for, or | ||||||
17 | procuring, a license
under this Act or in connection with | ||||||
18 | applying for renewal of a license under
this Act.
| ||||||
19 | EE. Cheating on or attempting to subvert the licensing | ||||||
20 | examination
administered under this Act.
| ||||||
21 | FF. Using, prescribing, or selling a prescription drug | ||||||
22 | or the
extra-label use of a prescription drug by any means | ||||||
23 | in the absence of a valid
veterinarian-client-patient | ||||||
24 | relationship.
| ||||||
25 | GG. Failing to report a case of suspected aggravated | ||||||
26 | cruelty, torture,
or
animal fighting pursuant to Section |
| |||||||
| |||||||
1 | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||||||
2 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012 .
| ||||||
4 | 2. The determination by a circuit court that a licensee or | ||||||
5 | certificate
holder is subject to involuntary admission or | ||||||
6 | judicial admission as provided in
the Mental Health and | ||||||
7 | Developmental Disabilities Code operates as an automatic
| ||||||
8 | suspension. The suspension will end only upon a finding by a | ||||||
9 | court that the
patient is no longer subject to involuntary | ||||||
10 | admission or judicial admission and
issues an order so finding | ||||||
11 | and discharging the patient; and upon the
recommendation of the | ||||||
12 | Board to the Secretary that the licensee or certificate
holder | ||||||
13 | be allowed to resume his practice.
| ||||||
14 | 3. All proceedings to suspend, revoke, place on | ||||||
15 | probationary status, or
take any other disciplinary action as | ||||||
16 | the Department may deem proper, with
regard to a license or | ||||||
17 | certificate on any of the foregoing grounds, must be
commenced | ||||||
18 | within 3 years after receipt by the Department of a complaint
| ||||||
19 | alleging the commission of or notice of the conviction order | ||||||
20 | for any of the
acts described in this Section. Except for | ||||||
21 | proceedings brought for violations
of items (CC), (DD), or | ||||||
22 | (EE), no action shall be commenced more than 5 years
after the | ||||||
23 | date of the incident or act alleged to have violated this | ||||||
24 | Section.
In the event of the settlement of any claim or cause | ||||||
25 | of action in favor of the
claimant or the reduction to final | ||||||
26 | judgment of any civil action in favor of the
plaintiff, the |
| |||||||
| |||||||
1 | claim, cause of action, or civil action being grounded on the
| ||||||
2 | allegation that a person licensed or certified under this Act | ||||||
3 | was negligent in
providing care, the Department shall have an | ||||||
4 | additional period of one year from
the date of the settlement | ||||||
5 | or final judgment in which to investigate and begin
formal | ||||||
6 | disciplinary proceedings under Section 25.2 of this Act, except | ||||||
7 | as
otherwise provided by law. The time during which the holder | ||||||
8 | of the license or
certificate was outside the State of Illinois | ||||||
9 | shall not be included within any
period of time limiting the | ||||||
10 | commencement of disciplinary action by the
Department.
| ||||||
11 | 4. The Department may refuse to issue or take disciplinary | ||||||
12 | action
concerning
the license of any person who fails to file a | ||||||
13 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
14 | return, or to pay any final assessment of tax, penalty, or
| ||||||
15 | interest as
required by any tax Act administered by the | ||||||
16 | Department of Revenue, until such
time as
the requirements of | ||||||
17 | any such tax Act are satisfied as determined by the
Department | ||||||
18 | of
Revenue.
| ||||||
19 | 5. In enforcing this Section, the Board, upon a showing of | ||||||
20 | a possible
violation, may compel a licensee or applicant to | ||||||
21 | submit to a mental or physical
examination, or both, as | ||||||
22 | required by and at the expense of the Department. The
examining | ||||||
23 | physicians or clinical psychologists shall be those | ||||||
24 | specifically
designated by the Board. The Board or the | ||||||
25 | Department may order (i) the
examining physician to present | ||||||
26 | testimony concerning the mental or physical
examination of a |
| |||||||
| |||||||
1 | licensee or applicant or (ii) the examining clinical
| ||||||
2 | psychologist to present testimony concerning the mental | ||||||
3 | examination of a
licensee or applicant. No information shall be | ||||||
4 | excluded by reason of any common
law or statutory privilege | ||||||
5 | relating to communications between a licensee or
applicant and | ||||||
6 | the examining physician or clinical psychologist. An | ||||||
7 | individual
to be examined may have, at his or her own expense, | ||||||
8 | another physician or
clinical psychologist of his or her choice | ||||||
9 | present during all aspects of the
examination. Failure of an | ||||||
10 | individual to submit to a mental or physical
examination, when | ||||||
11 | directed, is grounds for suspension of his or her license.
The | ||||||
12 | license must remain suspended until the person submits to the | ||||||
13 | examination
or the Board finds, after notice and hearing, that | ||||||
14 | the refusal to submit to the
examination was with reasonable | ||||||
15 | cause.
| ||||||
16 | If the Board finds an individual unable to practice because | ||||||
17 | of the reasons
set forth in this Section, the Board must | ||||||
18 | require the individual to submit to
care, counseling, or | ||||||
19 | treatment by a physician or clinical psychologist approved
by | ||||||
20 | the Board, as a condition, term, or restriction for continued, | ||||||
21 | reinstated,
or renewed licensure to practice. In lieu of care, | ||||||
22 | counseling, or treatment,
the Board may recommend that the | ||||||
23 | Department file a complaint to immediately
suspend or revoke | ||||||
24 | the license of the individual or otherwise discipline the
| ||||||
25 | licensee.
| ||||||
26 | Any individual whose license was granted, continued, |
| |||||||
| |||||||
1 | reinstated, or renewed
subject to conditions, terms, or | ||||||
2 | restrictions, as provided for in this Section,
or any | ||||||
3 | individual who was disciplined or placed on supervision | ||||||
4 | pursuant to this
Section must be referred to the Secretary for | ||||||
5 | a determination as to whether the
person shall have his or her | ||||||
6 | license suspended immediately, pending a hearing
by the Board.
| ||||||
7 | (Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13.)
| ||||||
8 | (225 ILCS 115/25.19)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 25.19. Mandatory reporting. Nothing in this Act | ||||||
11 | exempts a
licensee from the mandatory reporting requirements | ||||||
12 | regarding suspected acts of
aggravated cruelty, torture, and | ||||||
13 | animal fighting imposed under Sections 3.07
and 4.01 of the | ||||||
14 | Humane Care for Animals Act and Section 26-5 or 48-1 of the | ||||||
15 | Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||||||
16 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
17 | Section 420. The Perfusionist Practice Act is amended by | ||||||
18 | changing Section 107 as follows: | ||||||
19 | (225 ILCS 125/107) | ||||||
20 | (Section scheduled to be repealed on January 1, 2020) | ||||||
21 | Sec. 107. Suspension of license for failure to pay | ||||||
22 | restitution. The Department, without further process or | ||||||
23 | hearing, shall suspend the license or other authorization to |
| |||||||
| |||||||
1 | practice of any person issued under this Act who has been | ||||||
2 | certified by court order as not having paid restitution to a | ||||||
3 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
4 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012 . A person whose license or other | ||||||
6 | authorization to practice is suspended under this Section is | ||||||
7 | prohibited from practicing until the restitution is made in | ||||||
8 | full.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
10 | Section 425. The Registered Surgical Assistant and | ||||||
11 | Registered Surgical
Technologist Title Protection Act is | ||||||
12 | amended by changing Section 77 as follows: | ||||||
13 | (225 ILCS 130/77) | ||||||
14 | (Section scheduled to be repealed on January 1, 2014) | ||||||
15 | Sec. 77. Suspension of registration for failure to pay | ||||||
16 | restitution. The Department, without further process or | ||||||
17 | hearing, shall suspend the license or other authorization to | ||||||
18 | practice of any person issued under this Act who has been | ||||||
19 | certified by court order as not having paid restitution to a | ||||||
20 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
21 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012 . A person whose license or other | ||||||
23 | authorization to practice is suspended under this Section is | ||||||
24 | prohibited from practicing until the restitution is made in |
| |||||||
| |||||||
1 | full.
| ||||||
2 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
3 | Section 430. The Genetic Counselor Licensing Act is amended | ||||||
4 | by changing Section 97 as follows: | ||||||
5 | (225 ILCS 135/97) | ||||||
6 | (Section scheduled to be repealed on January 1, 2015) | ||||||
7 | Sec. 97. Suspension of license for failure to pay | ||||||
8 | restitution. The Department, without further process or | ||||||
9 | hearing, shall suspend the license or other authorization to | ||||||
10 | practice of any person issued under this Act who has been | ||||||
11 | certified by court order as not having paid restitution to a | ||||||
12 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
13 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012 . A person whose license or other | ||||||
15 | authorization to practice is suspended under this Section is | ||||||
16 | prohibited from practicing until the restitution is made in | ||||||
17 | full.
| ||||||
18 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
19 | Section 435. The Fire Sprinkler Contractor Licensing Act is | ||||||
20 | amended by changing Section 32 as follows: | ||||||
21 | (225 ILCS 317/32) | ||||||
22 | Sec. 32. Application for building permit; identity theft. A |
| |||||||
| |||||||
1 | person who knowingly, in the course of applying for a building | ||||||
2 | permit with a unit of local government, provides the license | ||||||
3 | number of a fire sprinkler contractor whom he or she does not | ||||||
4 | intend to have perform the work on the fire sprinkler portion | ||||||
5 | of the project commits identity theft under paragraph (8) of | ||||||
6 | subsection (a) of Section 16-30 of the Criminal Code of 2012 | ||||||
7 | 1961 .
| ||||||
8 | (Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; | ||||||
9 | 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.) | ||||||
10 | Section 440. The Illinois Roofing Industry Licensing Act is | ||||||
11 | amended by changing Section 5 as follows:
| ||||||
12 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
14 | Sec. 5. Display of license number; building permits; | ||||||
15 | advertising.
| ||||||
16 | (a) Each State licensed roofing contractor shall
affix the | ||||||
17 | roofing contractor license number and the licensee's name, as | ||||||
18 | it appears on the license, to all of his
or
her contracts and | ||||||
19 | bids. In
addition, the official issuing building permits shall | ||||||
20 | affix the
roofing contractor license number to each application | ||||||
21 | for a building permit
and on
each building permit issued and | ||||||
22 | recorded.
| ||||||
23 | (a-3) A municipality or a county that requires a building | ||||||
24 | permit may not issue a building permit to a roofing
contractor |
| |||||||
| |||||||
1 | unless that contractor has provided sufficient proof that he or | ||||||
2 | she
is licensed currently as a roofing contractor by the State. | ||||||
3 | Holders of an unlimited roofing license may be issued permits | ||||||
4 | for residential, commercial, and industrial roofing projects. | ||||||
5 | Holders of a limited roofing license are restricted to permits | ||||||
6 | for work on residential properties consisting of 8 units or | ||||||
7 | less. | ||||||
8 | (a-5) A person who knowingly, in the course of applying for | ||||||
9 | a building permit with a unit of local government, provides the | ||||||
10 | roofing license number or name of a roofing contractor whom he | ||||||
11 | or she does not intend to have perform the work on the roofing | ||||||
12 | portion of the project commits identity theft under paragraph | ||||||
13 | (8) of subsection (a) of Section 16-30 of the Criminal Code of | ||||||
14 | 2012 1961 . | ||||||
15 | (a-10) A building permit applicant must present a | ||||||
16 | government-issued identification along with the building | ||||||
17 | permit application. Except for the name of the individual, all | ||||||
18 | other personal information contained in the government-issued | ||||||
19 | identification shall be exempt from disclosure under | ||||||
20 | subsection (c) of Section 7 of the Freedom of Information Act. | ||||||
21 | The official issuing the building permit shall maintain the | ||||||
22 | name and identification number, as it appears on the | ||||||
23 | government-issued identification, in the building permit | ||||||
24 | application file. It is not necessary that the building permit | ||||||
25 | applicant be the qualifying party. This subsection shall not | ||||||
26 | apply to a county or municipality whose building permit process |
| |||||||
| |||||||
1 | occurs through electronic means. | ||||||
2 | (b) (Blank).
| ||||||
3 | (c) Every holder of a license shall
display it in a
| ||||||
4 | conspicuous place in his or her principal office, place of | ||||||
5 | business, or place
of employment.
| ||||||
6 | (d) No person licensed under this Act may advertise | ||||||
7 | services regulated by
this Act unless that person includes in | ||||||
8 | the advertisement the roofing contractor license number and the | ||||||
9 | licensee's name, as it appears on the license. Nothing | ||||||
10 | contained in this subsection requires the publisher of
| ||||||
11 | advertising for roofing contractor services to investigate or | ||||||
12 | verify the
accuracy of the
license number provided by the | ||||||
13 | licensee.
| ||||||
14 | (e) A person who advertises services regulated by this Act | ||||||
15 | who knowingly (i)
fails to display the license number and the | ||||||
16 | licensee's name, as it appears on the license, in any manner | ||||||
17 | required by this Section,
(ii) fails to provide a publisher | ||||||
18 | with the correct license number as required
by subsection (d), | ||||||
19 | or (iii) provides a publisher with a false license number or
a | ||||||
20 | license number of another person, or a person who knowingly | ||||||
21 | allows his or her
license number to be displayed or used by | ||||||
22 | another person to circumvent any
provisions of this Section, is | ||||||
23 | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||||||
24 | addition, is subject to the administrative enforcement
| ||||||
25 | provisions of this Act.
Each day that an advertisement runs or | ||||||
26 | each day that a person knowingly allows
his or her license to |
| |||||||
| |||||||
1 | be displayed or used in violation of this Section
constitutes a | ||||||
2 | separate offense.
| ||||||
3 | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | ||||||
4 | 97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12; | ||||||
5 | 97-1109, eff. 1-1-13.)
| ||||||
6 | Section 450. The Community Association Manager Licensing | ||||||
7 | and Disciplinary Act is amended by changing Section 87 as | ||||||
8 | follows: | ||||||
9 | (225 ILCS 427/87)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020) | ||||||
11 | Sec. 87. Suspension of license for failure to pay | ||||||
12 | restitution. The Department, without further process or | ||||||
13 | hearing, shall suspend the license or other authorization to | ||||||
14 | practice of any person issued under this Act who has been | ||||||
15 | certified by court order as not having paid restitution to a | ||||||
16 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
17 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012 . A person whose license or other | ||||||
19 | authorization to practice is suspended under this Section is | ||||||
20 | prohibited from practicing until the restitution is made in | ||||||
21 | full.
| ||||||
22 | (Source: P.A. 96-726, eff. 7-1-10 .) | ||||||
23 | Section 455. The Private Detective, Private Alarm, Private |
| |||||||
| |||||||
1 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
2 | amended by changing Sections 20-20 and 25-20 as follows:
| ||||||
3 | (225 ILCS 447/20-20)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
5 | Sec. 20-20. Training; private alarm contractor and
| ||||||
6 | employees. | ||||||
7 | (a) Registered employees of the private alarm contractor
| ||||||
8 | agency who carry a firearm and respond to alarm systems shall
| ||||||
9 | complete, within 30 days of their employment, a minimum of 20
| ||||||
10 | hours of classroom training provided by a qualified instructor
| ||||||
11 | and shall include all of the following subjects:
| ||||||
12 | (1) The law regarding arrest and search and seizure
as | ||||||
13 | it applies to the private alarm industry.
| ||||||
14 | (2) Civil and criminal liability for acts related
to | ||||||
15 | the private alarm industry.
| ||||||
16 | (3) The use of force, including but not limited to
the | ||||||
17 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
18 | stungun, or similar weapon).
| ||||||
19 | (4) Arrest and control techniques.
| ||||||
20 | (5) The offenses under the Criminal Code of 2012 1961
| ||||||
21 | that are directly related to the protection of persons and
| ||||||
22 | property.
| ||||||
23 | (6) The law on private alarm forces and on
reporting to | ||||||
24 | law enforcement agencies.
| ||||||
25 | (7) Fire prevention, fire equipment, and fire
safety.
|
| |||||||
| |||||||
1 | (8) Civil rights and public relations.
| ||||||
2 | (9) The identification of terrorists, acts of | ||||||
3 | terrorism, and terrorist organizations, as defined by | ||||||
4 | federal and State statutes.
| ||||||
5 | Pursuant to directives set forth by the U.S. Department of | ||||||
6 | Homeland Security and the provisions set forth by the National | ||||||
7 | Fire Protection Association in the National Fire Alarm Code and | ||||||
8 | the Life Safety Code, training may include the installation, | ||||||
9 | repair, and maintenance of emergency communication systems and | ||||||
10 | mass notification systems. | ||||||
11 | (b) All other employees of a private alarm contractor
| ||||||
12 | agency shall complete a minimum of 20 hours of training
| ||||||
13 | provided by a qualified instructor within 30 days of their
| ||||||
14 | employment. The substance of the training shall be related to
| ||||||
15 | the work performed by the registered employee.
| ||||||
16 | (c) It is the responsibility of the employer to certify,
on | ||||||
17 | forms provided by the Department, that the employee
has | ||||||
18 | successfully completed the training. The form shall be a
| ||||||
19 | permanent record of training completed by the employee and
| ||||||
20 | shall be placed in the employee's file with the employer for
| ||||||
21 | the term the employee is retained by the
employer. A private | ||||||
22 | alarm contractor agency may place a
notarized copy of the | ||||||
23 | Department form in lieu of the original
into the permanent | ||||||
24 | employee registration card file. The
form shall be returned to | ||||||
25 | the employee when his
or her employment is terminated. Failure | ||||||
26 | to return the
form to the employee is grounds for discipline. |
| |||||||
| |||||||
1 | The employee shall not be
required to
complete the training | ||||||
2 | required under this Act
once the employee has been issued a | ||||||
3 | form.
| ||||||
4 | (d) Nothing in this Act prevents any employer from
| ||||||
5 | providing or requiring additional training beyond the required
| ||||||
6 | 20 hours that the employer feels is necessary and appropriate
| ||||||
7 | for competent job performance.
| ||||||
8 | (e) Any certification of completion of the 20-hour
basic | ||||||
9 | training issued under the Private Detective, Private
Alarm, | ||||||
10 | Private Security, and Locksmith Act of 1993 or any
prior Act | ||||||
11 | shall be accepted as proof of training under this
Act.
| ||||||
12 | (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10 .)
| ||||||
13 | (225 ILCS 447/25-20)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 25-20. Training; private security contractor and
| ||||||
16 | employees. | ||||||
17 | (a) Registered employees of the private security
| ||||||
18 | contractor agency who provide traditional guarding or other
| ||||||
19 | private security related functions or who respond to alarm
| ||||||
20 | systems shall complete, within 30 days of their employment, a
| ||||||
21 | minimum of 20 hours of classroom basic training provided by a
| ||||||
22 | qualified instructor, which shall include the following
| ||||||
23 | subjects:
| ||||||
24 | (1) The law regarding arrest and search and seizure
as | ||||||
25 | it applies to private security.
|
| |||||||
| |||||||
1 | (2) Civil and criminal liability for acts related
to | ||||||
2 | private security.
| ||||||
3 | (3) The use of force, including but not limited to
the | ||||||
4 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
5 | stungun or similar weapon).
| ||||||
6 | (4) Arrest and control techniques.
| ||||||
7 | (5) The offenses under the Criminal Code of 2012 1961
| ||||||
8 | that are directly related to the protection of persons and
| ||||||
9 | property.
| ||||||
10 | (6) The law on private security forces and on
reporting | ||||||
11 | to law enforcement agencies.
| ||||||
12 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
13 | (8) The procedures for service of process and for
| ||||||
14 | report writing.
| ||||||
15 | (9) Civil rights and public relations.
| ||||||
16 | (10) The identification of terrorists, acts of | ||||||
17 | terrorism, and terrorist organizations, as defined by | ||||||
18 | federal and State statutes.
| ||||||
19 | (b) All other employees of a private security contractor
| ||||||
20 | agency shall complete a minimum of 20 hours of training
| ||||||
21 | provided by the qualified instructor within 30 days of their
| ||||||
22 | employment. The substance of the training shall be related to
| ||||||
23 | the work performed by the registered employee.
| ||||||
24 | (c) Registered employees of the private security | ||||||
25 | contractor agency who
provide
guarding or other private | ||||||
26 | security related functions, in addition to the
classroom |
| |||||||
| |||||||
1 | training
required under subsection (a), within 6 months of | ||||||
2 | their employment,
shall complete
an additional 8 hours of | ||||||
3 | training on subjects to be determined by the
employer, which
| ||||||
4 | training may be site-specific and may be conducted on the job.
| ||||||
5 | (d) In addition to the basic training provided for in | ||||||
6 | subsections (a) and
(c),
registered employees of the private | ||||||
7 | security contractor agency who provide
guarding or other
| ||||||
8 | private security related functions
shall complete an
| ||||||
9 | additional
8 hours of refresher training on subjects to be | ||||||
10 | determined by the
employer
each calendar year commencing with | ||||||
11 | the
calendar year
following the employee's first employment | ||||||
12 | anniversary date,
which
refresher training may be | ||||||
13 | site-specific and may be conducted on the job.
| ||||||
14 | (e) It is the responsibility of the employer to certify,
on | ||||||
15 | a form provided by the Department, that the employee has
| ||||||
16 | successfully completed the basic and refresher training. The
| ||||||
17 | form shall be a permanent record of training completed by the
| ||||||
18 | employee and shall be placed in the employee's file with the
| ||||||
19 | employer for the period the employee remains with the
employer. | ||||||
20 | An agency may place a notarized copy of the
Department form in | ||||||
21 | lieu of the original into the permanent
employee registration | ||||||
22 | card file. The original form shall be
given to the employee | ||||||
23 | when his or her employment is
terminated. Failure to return the | ||||||
24 | original form to the
employee is grounds for disciplinary | ||||||
25 | action. The employee
shall not be required to repeat the | ||||||
26 | required training once the
employee has been issued the form. |
| |||||||
| |||||||
1 | An employer may provide or
require additional training.
| ||||||
2 | (f) Any certification of completion of the 20-hour basic
| ||||||
3 | training issued under the Private Detective, Private Alarm,
| ||||||
4 | Private Security and Locksmith Act of 1993 or any prior Act
| ||||||
5 | shall be accepted as proof of training under this Act.
| ||||||
6 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
7 | Section 460. The Solicitation for Charity Act is amended by | ||||||
8 | changing Sections 7.5, 9, and 16.5 as follows:
| ||||||
9 | (225 ILCS 460/7.5)
| ||||||
10 | Sec. 7.5. Public Safety Personnel Organization.
| ||||||
11 | (a) Every Public Safety Personnel Organization that | ||||||
12 | solicits
contributions
from the public shall, in addition to | ||||||
13 | other provisions of this Act:
| ||||||
14 | (1) Have as a condition of public solicitation a | ||||||
15 | provision included in
every
professional
fund raiser | ||||||
16 | contract providing that the professional fund raiser | ||||||
17 | shall: (A)
maintain and deliver to the
organization a list | ||||||
18 | of the names and addresses of all contributors and
| ||||||
19 | purchasers of merchandise, goods,
services,
memberships, | ||||||
20 | and advertisements; (B) deliver the list of the current | ||||||
21 | year
semiannually of each contribution or
purchase and | ||||||
22 | specify the amount of the contribution or purchase and the | ||||||
23 | date of
the transaction;
and (C) assign ownership of the | ||||||
24 | list to the Public Safety Personnel
Organization.
|
| |||||||
| |||||||
1 | The obligation required by this subdivision (1) does | ||||||
2 | not apply
to a professional fund raiser under the following | ||||||
3 | conditions:
| ||||||
4 | (i) the professional fund raiser does not have | ||||||
5 | access to information to
create and
maintain the list | ||||||
6 | and the Public Safety Personnel Organization obtained | ||||||
7 | the
information to create and maintain the list
under | ||||||
8 | the fund raising campaign by other means; or
| ||||||
9 | (ii) the Public Safety Personnel Organization and | ||||||
10 | the professional fund
raiser agree to waive the | ||||||
11 | obligation required by this subdivision (1).
| ||||||
12 | (2) Act in accordance with Section 17-2 of the
Criminal | ||||||
13 | Code of
2012 1961 , and violation of this Section shall also | ||||||
14 | be
subject to separate
civil remedy hereunder.
| ||||||
15 | (b) Any professional fund raiser who willfully violates the | ||||||
16 | provisions of
this Section
may in
addition to other remedies be | ||||||
17 | subject to a fine of $2,000 for each violation,
forfeiture of | ||||||
18 | all
solicitation fees, and enjoined from operating and | ||||||
19 | soliciting the
public.
| ||||||
20 | (c) This Section does not apply to a contract that is in | ||||||
21 | effect on the
effective date of this amendatory Act of the 91st | ||||||
22 | General Assembly
(unless the contract is extended,
renewed, or | ||||||
23 | revised on or after the effective date of this amendatory Act | ||||||
24 | of
the 91st General Assembly, in which case this Section | ||||||
25 | applies to
the contract on and after the date
on which the | ||||||
26 | extension, renewal, or revision takes place).
|
| |||||||
| |||||||
1 | (Source: P.A. 91-301, eff. 7-29-99.)
| ||||||
2 | (225 ILCS 460/9) (from Ch. 23, par. 5109)
| ||||||
3 | Sec. 9.
(a) An action for violation of this Act may be | ||||||
4 | prosecuted by the
Attorney General in the name of the people of | ||||||
5 | the State, and in any such
action, the Attorney General shall | ||||||
6 | exercise all the powers and perform all
duties which the | ||||||
7 | State's Attorney would otherwise be authorized to exercise
or | ||||||
8 | to perform therein.
| ||||||
9 | (b) This Act shall not be construed to limit or restrict | ||||||
10 | the exercise of
the powers or the performance of the duties of | ||||||
11 | the Attorney General which
he otherwise is authorized to | ||||||
12 | exercise or perform under any other provision
of law by statute | ||||||
13 | or otherwise.
| ||||||
14 | (c) Whenever the Attorney General shall have reason to | ||||||
15 | believe that any
charitable organization, professional fund | ||||||
16 | raiser, or professional
solicitor is operating in violation of | ||||||
17 | the provisions of this Act, or if
any of the principal officers | ||||||
18 | of any charitable organization has refused or
failed, after | ||||||
19 | notice, to produce any records of such organization or there
is | ||||||
20 | employed or is about to be employed in any solicitation or | ||||||
21 | collection of
contributions for a charitable organization any | ||||||
22 | device, scheme, or artifice
to defraud or for obtaining money | ||||||
23 | or property by means of any false
pretense, representation or | ||||||
24 | promise, or any false statement has been made
in any | ||||||
25 | application, registration or statement required to be filed |
| |||||||
| |||||||
1 | pursuant
to this Act, in addition to any other action | ||||||
2 | authorized by law, he may
bring in the circuit court an action | ||||||
3 | in the name, and on behalf of the
people of the State of | ||||||
4 | Illinois against such charitable organization and
any other | ||||||
5 | person who has participated or is about to participate in such
| ||||||
6 | solicitation or collection by employing such device, scheme, | ||||||
7 | artifice,
false representation or promise, to enjoin such | ||||||
8 | charitable organization or
other person from continuing such | ||||||
9 | solicitation or collection or engaging
therein or doing any | ||||||
10 | acts in furtherance thereof, or to cancel any
registration | ||||||
11 | statement previously filed with the Attorney General.
| ||||||
12 | In connection with such proposed action the Attorney | ||||||
13 | General is
authorized to take proof in the manner provided in | ||||||
14 | Section 2-1003
of the Code of Civil Procedure.
| ||||||
15 | (d) Upon a showing by the Attorney General in an | ||||||
16 | application for an
injunction that any person engaged in the | ||||||
17 | solicitation or collection of
funds for charitable purposes, | ||||||
18 | either as an individual or as a member of a
copartnership, or | ||||||
19 | as an officer of a corporation or as an agent for some
other | ||||||
20 | person, or copartnership or corporation, has been convicted in | ||||||
21 | this
State or elsewhere of a felony or of a misdemeanor where | ||||||
22 | such felony or
misdemeanor involved the misappropriation, | ||||||
23 | misapplication or misuse of the
money or property of another, | ||||||
24 | he may enjoin such persons from engaging in
any solicitation or | ||||||
25 | collection of funds for charitable purposes.
| ||||||
26 | (e) The Attorney General may exercise the authority granted |
| |||||||
| |||||||
1 | in this
Section against any charitable organization or person | ||||||
2 | which or who operates
under the guise or pretense of being an | ||||||
3 | organization exempted by the
provisions of Section 3 and is not | ||||||
4 | in fact an organization entitled to
such an exemption.
| ||||||
5 | (f) In any action brought under the provisions of this Act, | ||||||
6 | the Attorney
General is entitled to recover costs for the use | ||||||
7 | of this State.
| ||||||
8 | (g) Any person who knowingly violates this Section may be | ||||||
9 | enjoined
from such conduct, removed from office, enjoined from | ||||||
10 | acting for charity
and subject to punitive damages as deemed | ||||||
11 | appropriate by the circuit
court.
| ||||||
12 | (h) Any person who violates this Section shall not be | ||||||
13 | entitled to keep
or receive monies, fees, salaries, commissions | ||||||
14 | or any compensation, as a
result of the solicitations or fund | ||||||
15 | raising campaigns, and at the request
of the Attorney General | ||||||
16 | such monies, fees, salaries, commissions or any
compensation | ||||||
17 | shall be forfeited and subject to distribution to charitable
| ||||||
18 | use as a court of equity determines.
| ||||||
19 | (i) The Attorney General may publish an annual report of | ||||||
20 | all charitable
organizations based on information contained in | ||||||
21 | reports filed hereunder
stating the amount of money each | ||||||
22 | organization received through solicitation
and the amount of | ||||||
23 | money which was expended on program service activity and
the | ||||||
24 | percentage of the solicited assets that were expended on | ||||||
25 | charitable activity.
| ||||||
26 | (j) The Attorney General shall cancel the registration of |
| |||||||
| |||||||
1 | any
organization, professional fund raiser, or professional | ||||||
2 | solicitor who
violates the provisions of this Section.
| ||||||
3 | (k) Any person who solicits financial contributions or the | ||||||
4 | sale of
merchandise, goods,
services, memberships, or | ||||||
5 | advertisements in violation of the prohibitions of
subsection | ||||||
6 | (d-1) of
Section 11 of this Act, or commits false personation, | ||||||
7 | use
of title, or
solicitation as defined by Section 17-2 of the | ||||||
8 | Criminal Code of 2012 1961 shall, in
addition to any other | ||||||
9 | penalties provided for by law, be subject to civil remedy
by | ||||||
10 | cause of action brought by the Attorney General or a
Public | ||||||
11 | Safety Personnel Organization affected by the violation.
| ||||||
12 | In addition to equitable relief, a successful claimant or | ||||||
13 | the Attorney
General shall recover damages of
triple the amount | ||||||
14 | collected as a result of solicitations made in violation of
| ||||||
15 | this Act, plus
reasonable attorney's fees and costs.
| ||||||
16 | A plaintiff in any suit filed under this Section shall
| ||||||
17 | serve a copy of all
pleadings on the Attorney General and the | ||||||
18 | State's Attorney for the county in
which the suit is
filed.
| ||||||
19 | (Source: P.A. 91-301, eff. 7-29-99.)
| ||||||
20 | (225 ILCS 460/16.5)
| ||||||
21 | Sec. 16.5. Terrorist acts.
| ||||||
22 | (a) Any person or organization subject to registration | ||||||
23 | under
this Act, who knowingly acts to further, directly or | ||||||
24 | indirectly, or knowingly
uses charitable
assets to conduct or | ||||||
25 | further, directly or indirectly, an act or actions as set
forth |
| |||||||
| |||||||
1 | in Article 29D of the Criminal Code of 2012 1961 , is thereby | ||||||
2 | engaged in an act
or actions contrary to public policy and | ||||||
3 | antithetical to charity, and all of
the funds, assets, and | ||||||
4 | records of the person or organization shall be
subject to | ||||||
5 | temporary and permanent injunction from use or expenditure and | ||||||
6 | the
appointment of a temporary and permanent receiver to take | ||||||
7 | possession of all of
the assets and related records.
| ||||||
8 | (b) An ex parte action may be commenced by the Attorney
| ||||||
9 | General, and, upon a showing of probable cause of a
violation | ||||||
10 | of this Section or Article 29D of the Criminal Code
of 2012 | ||||||
11 | 1961 , an immediate seizure of books and records
by the Attorney | ||||||
12 | General by and through his or her assistants
or investigators | ||||||
13 | or the Department of State Police and freezing of all assets
| ||||||
14 | shall be
made by order of a court to protect the public, | ||||||
15 | protect the
assets, and allow a full review of the records.
| ||||||
16 | (c) Upon a finding by a court after a hearing that a person | ||||||
17 | or
organization has acted or is in violation of this Section, | ||||||
18 | the person
or organization shall be permanently enjoined from | ||||||
19 | soliciting funds from
the public, holding charitable funds, or | ||||||
20 | acting as a trustee or fiduciary
within Illinois. Upon a | ||||||
21 | finding of violation all assets and funds
held by the person or | ||||||
22 | organization shall be forfeited to the People of
the State of | ||||||
23 | Illinois or otherwise ordered by the court to be accounted
for | ||||||
24 | and marshaled and then delivered to charitable causes and uses | ||||||
25 | within
the State of Illinois by court order.
| ||||||
26 | (d) A determination under this Section may be made by any
|
| |||||||
| |||||||
1 | court separate and apart from any criminal
proceedings and the | ||||||
2 | standard of proof shall be that for civil proceedings.
| ||||||
3 | (e) Any knowing use of charitable assets to conduct or | ||||||
4 | further, directly or
indirectly, an act or actions set forth in | ||||||
5 | Article 29D of the Criminal Code of
2012 1961 shall be a misuse | ||||||
6 | of charitable assets and breach of fiduciary duty
relative to | ||||||
7 | all other Sections of this Act.
| ||||||
8 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
9 | Section 465. The Illinois Horse Racing Act of 1975 is | ||||||
10 | amended by changing Sections 3.15, 3.29, and 41 as follows:
| ||||||
11 | (230 ILCS 5/3.15) (from Ch. 8, par. 37-3.15)
| ||||||
12 | Sec. 3.15.
"Public official" means a person who is a public | ||||||
13 | officer, as
defined in
Section 2-18 of the Criminal Code of | ||||||
14 | 2012 1961 , of the
State or any municipality, county or | ||||||
15 | township.
| ||||||
16 | (Source: P.A. 79-1185 .)
| ||||||
17 | (230 ILCS 5/3.29)
| ||||||
18 | Sec. 3.29. Advance deposit wagering. "Advance deposit | ||||||
19 | wagering" means a method of pari-mutuel wagering in which an | ||||||
20 | individual may establish an account, deposit money into the | ||||||
21 | account, and use the account balance to pay for pari-mutuel | ||||||
22 | wagering authorized by this Act. An advance deposit wager may | ||||||
23 | be placed in person at a wagering facility or from any other |
| |||||||
| |||||||
1 | location via a telephone-type device or any other electronic | ||||||
2 | means. Any person who accepts an advance deposit wager who is | ||||||
3 | not licensed by the Board as an advance deposit wagering | ||||||
4 | licensee shall be considered in violation of this Act and the | ||||||
5 | Criminal Code of 2012 1961 . Any advance deposit wager placed in | ||||||
6 | person at a wagering facility shall be deemed to have been | ||||||
7 | placed at that wagering facility.
| ||||||
8 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
9 | (230 ILCS 5/41) (from Ch. 8, par. 37-41)
| ||||||
10 | Sec. 41.
Article 28 of the " Criminal Code of 2012 1961" ,
as | ||||||
11 | now or hereafter amended, and all other Acts or parts of Acts
| ||||||
12 | inconsistent with the provisions of this Act shall not apply to
| ||||||
13 | pari-mutuel wagering in manner and form as
provided by this Act | ||||||
14 | at any horse race meeting held by any person
having an | ||||||
15 | organization license for the holding of such horse
race meeting | ||||||
16 | as provided by this Act.
| ||||||
17 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
18 | Section 470. The Riverboat Gambling Act is amended by | ||||||
19 | changing Sections 7, 7.4, 8, 9, 18, and 19 as follows:
| ||||||
20 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
21 | Sec. 7. Owners Licenses.
| ||||||
22 | (a) The Board shall issue owners licenses to persons, firms | ||||||
23 | or
corporations which apply for such licenses upon payment to |
| |||||||
| |||||||
1 | the Board of the
non-refundable license fee set by the Board, | ||||||
2 | upon payment of a $25,000
license fee for the first year of | ||||||
3 | operation and a $5,000 license fee for
each succeeding year and | ||||||
4 | upon a determination by the Board that the
applicant is | ||||||
5 | eligible for an owners license pursuant to this Act and the
| ||||||
6 | rules of the Board. From the effective date of this amendatory | ||||||
7 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
8 | effective date of this amendatory Act of the 95th General | ||||||
9 | Assembly, (ii) the date any organization licensee begins to | ||||||
10 | operate a slot machine or video game of chance under the | ||||||
11 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
12 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
13 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
14 | Act is increased by law to reflect a tax rate that is at least | ||||||
15 | as stringent or more stringent than the tax rate contained in | ||||||
16 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
17 | condition of licensure and as an alternative source of payment | ||||||
18 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
19 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
20 | receives its owners license on or after the effective date of | ||||||
21 | this amendatory Act of the 94th General Assembly, other than an | ||||||
22 | owners licensee operating a riverboat with adjusted gross | ||||||
23 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
24 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
25 | other payments required under this Act, an amount equal to 3% | ||||||
26 | of the adjusted gross receipts received by the owners licensee. |
| |||||||
| |||||||
1 | The payments required under this Section shall be made by the | ||||||
2 | owners licensee to the State Treasurer no later than 3:00 | ||||||
3 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
4 | receipts were received by the owners licensee. A person, firm | ||||||
5 | or corporation is ineligible to receive
an owners license if:
| ||||||
6 | (1) the person has been convicted of a felony under the | ||||||
7 | laws of this
State, any other state, or the United States;
| ||||||
8 | (2) the person has been convicted of any violation of | ||||||
9 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012 , or substantially similar laws of any other | ||||||
11 | jurisdiction;
| ||||||
12 | (3) the person has submitted an application for a | ||||||
13 | license under this
Act which contains false information;
| ||||||
14 | (4) the person is
a member of the Board;
| ||||||
15 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
16 | officer, director or
managerial employee of the firm or | ||||||
17 | corporation;
| ||||||
18 | (6) the firm or corporation employs a person defined in | ||||||
19 | (1), (2), (3) or
(4) who participates in the management or | ||||||
20 | operation of gambling operations
authorized under this | ||||||
21 | Act;
| ||||||
22 | (7) (blank); or
| ||||||
23 | (8) a license of the person, firm or corporation issued | ||||||
24 | under
this Act, or a license to own or operate gambling | ||||||
25 | facilities
in any other jurisdiction, has been revoked.
| ||||||
26 | The Board is expressly prohibited from making changes to |
| |||||||
| |||||||
1 | the requirement that licensees make payment into the Horse | ||||||
2 | Racing Equity Trust Fund without the express authority of the | ||||||
3 | Illinois General Assembly and making any other rule to | ||||||
4 | implement or interpret this amendatory Act of the 95th General | ||||||
5 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
6 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
7 | Administrative Procedure Act. | ||||||
8 | (b) In determining whether to grant an owners license to an | ||||||
9 | applicant, the
Board shall consider:
| ||||||
10 | (1) the character, reputation, experience and | ||||||
11 | financial integrity of the
applicants and of any other or | ||||||
12 | separate person that either:
| ||||||
13 | (A) controls, directly or indirectly, such | ||||||
14 | applicant, or
| ||||||
15 | (B) is controlled, directly or indirectly, by such | ||||||
16 | applicant or by a
person which controls, directly or | ||||||
17 | indirectly, such applicant;
| ||||||
18 | (2) the facilities or proposed facilities for the | ||||||
19 | conduct of riverboat
gambling;
| ||||||
20 | (3) the highest prospective total revenue to be derived | ||||||
21 | by the State
from the conduct of riverboat gambling;
| ||||||
22 | (4) the extent to which the ownership of the applicant | ||||||
23 | reflects the
diversity of the State by including minority | ||||||
24 | persons, females, and persons with a disability
and the | ||||||
25 | good faith affirmative action plan of
each applicant to | ||||||
26 | recruit, train and upgrade minority persons, females, and |
| |||||||
| |||||||
1 | persons with a disability in all employment | ||||||
2 | classifications;
| ||||||
3 | (5) the financial ability of the applicant to purchase | ||||||
4 | and maintain
adequate liability and casualty insurance;
| ||||||
5 | (6) whether the applicant has adequate capitalization | ||||||
6 | to provide and
maintain, for the duration of a license, a | ||||||
7 | riverboat;
| ||||||
8 | (7) the extent to which the applicant exceeds or meets | ||||||
9 | other standards
for the issuance of an owners license which | ||||||
10 | the Board may adopt by rule;
and
| ||||||
11 | (8) The amount of the applicant's license bid.
| ||||||
12 | (c) Each owners license shall specify the place where | ||||||
13 | riverboats shall
operate and dock.
| ||||||
14 | (d) Each applicant shall submit with his application, on | ||||||
15 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
16 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
17 | holders of such
licenses to own riverboats. In the application | ||||||
18 | for an owners license, the
applicant shall state the dock at | ||||||
19 | which the riverboat is based and the water
on which the | ||||||
20 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
21 | become effective not earlier than January 1, 1991. Three of | ||||||
22 | such licenses
shall authorize riverboat gambling on the | ||||||
23 | Mississippi River, or, with approval
by the municipality in | ||||||
24 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
25 | approval, be authorized to relocate to a new location,
in a
| ||||||
26 | municipality that (1) borders on the Mississippi River or is |
| |||||||
| |||||||
1 | within 5
miles of the city limits of a municipality that | ||||||
2 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
3 | had a riverboat conducting riverboat gambling operations | ||||||
4 | pursuant to
a license issued under this Act; one of which shall | ||||||
5 | authorize riverboat
gambling from a home dock in the city of | ||||||
6 | East St. Louis. One other license
shall
authorize riverboat | ||||||
7 | gambling on
the Illinois River south of Marshall County. The | ||||||
8 | Board shall issue one
additional license to become effective | ||||||
9 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
10 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
11 | issue 4 additional licenses to become effective not
earlier | ||||||
12 | than
March 1, 1992. In determining the water upon which | ||||||
13 | riverboats will operate,
the Board shall consider the economic | ||||||
14 | benefit which riverboat gambling confers
on the State, and | ||||||
15 | shall seek to assure that all regions of the State share
in the | ||||||
16 | economic benefits of riverboat gambling.
| ||||||
17 | In granting all licenses, the Board may give favorable | ||||||
18 | consideration to
economically depressed areas of the State, to | ||||||
19 | applicants presenting plans
which provide for significant | ||||||
20 | economic development over a large geographic
area, and to | ||||||
21 | applicants who currently operate non-gambling riverboats in
| ||||||
22 | Illinois.
The Board shall review all applications for owners | ||||||
23 | licenses,
and shall inform each applicant of the Board's | ||||||
24 | decision.
The Board may grant an owners license to an
applicant | ||||||
25 | that has not submitted the highest license bid, but if it does | ||||||
26 | not
select the highest bidder, the Board shall issue a written |
| |||||||
| |||||||
1 | decision explaining
why another
applicant was selected and | ||||||
2 | identifying the factors set forth in this Section
that favored | ||||||
3 | the winning bidder.
| ||||||
4 | In addition to any other revocation powers granted to the | ||||||
5 | Board under this
Act,
the Board may revoke the owners license | ||||||
6 | of a licensee which fails
to begin conducting gambling within | ||||||
7 | 15 months
of receipt of the
Board's approval of the application | ||||||
8 | if the Board determines that license
revocation is in the best | ||||||
9 | interests of the State.
| ||||||
10 | (f) The first 10 owners licenses issued under this Act | ||||||
11 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
12 | thereon
for a period of 3 years after the effective date of the | ||||||
13 | license. Holders of
the first 10 owners licenses must pay the | ||||||
14 | annual license fee for each of
the 3
years during which they | ||||||
15 | are authorized to own riverboats.
| ||||||
16 | (g) Upon the termination, expiration, or revocation of each | ||||||
17 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
18 | period, all licenses are
renewable annually upon payment of the | ||||||
19 | fee and a determination by the Board
that the licensee | ||||||
20 | continues to meet all of the requirements of this Act and the
| ||||||
21 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
22 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
23 | Board sets a shorter period.
| ||||||
24 | (h) An owners license shall entitle the licensee to own up | ||||||
25 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
26 | participants to
1,200 for any such owners license.
A licensee |
| |||||||
| |||||||
1 | may operate both of its riverboats concurrently, provided that | ||||||
2 | the
total number of gambling participants on both riverboats | ||||||
3 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
4 | Mississippi River and the Illinois River south of Marshall | ||||||
5 | County shall
have an authorized capacity of at least 500 | ||||||
6 | persons. Any other riverboat
licensed under this Act shall have | ||||||
7 | an authorized capacity of at least 400
persons.
| ||||||
8 | (i) A licensed owner is authorized to apply to the Board | ||||||
9 | for and, if
approved therefor, to receive all licenses from the | ||||||
10 | Board necessary for the
operation of a riverboat, including a | ||||||
11 | liquor license, a license
to prepare and serve food for human | ||||||
12 | consumption, and other necessary
licenses. All use, occupation | ||||||
13 | and excise taxes which apply to the sale of
food and beverages | ||||||
14 | in this State and all taxes imposed on the sale or use
of | ||||||
15 | tangible personal property apply to such sales aboard the | ||||||
16 | riverboat.
| ||||||
17 | (j) The Board may issue or re-issue a license authorizing a | ||||||
18 | riverboat to
dock
in a municipality or approve a relocation | ||||||
19 | under Section 11.2 only if, prior
to the issuance or | ||||||
20 | re-issuance of
the license or approval, the governing body of | ||||||
21 | the municipality in which
the riverboat will dock has by a | ||||||
22 | majority vote approved the docking of
riverboats in the | ||||||
23 | municipality. The Board may issue or re-issue a license
| ||||||
24 | authorizing a
riverboat to dock in areas of a county outside | ||||||
25 | any municipality or approve a
relocation under Section 11.2 | ||||||
26 | only if, prior to the issuance or re-issuance
of the license
or |
| |||||||
| |||||||
1 | approval, the
governing body of the county has by a majority | ||||||
2 | vote approved of the docking of
riverboats within such areas.
| ||||||
3 | (Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11.)
| ||||||
4 | (230 ILCS 10/7.4)
| ||||||
5 | Sec. 7.4. Managers licenses.
| ||||||
6 | (a) A qualified person may apply to the Board for a | ||||||
7 | managers license to
operate
and manage any gambling operation | ||||||
8 | conducted by the State. The application shall
be
made on forms | ||||||
9 | provided by the Board and shall contain such information as the
| ||||||
10 | Board
prescribes, including but not limited to information | ||||||
11 | required in Sections 6(a),
(b), and
(c) and information | ||||||
12 | relating to the applicant's proposed price to manage State
| ||||||
13 | gambling
operations and to provide the riverboat, gambling | ||||||
14 | equipment, and supplies
necessary to
conduct State gambling | ||||||
15 | operations.
| ||||||
16 | (b) Each applicant must submit evidence to the Board that | ||||||
17 | minority persons
and
females hold ownership interests in the | ||||||
18 | applicant of at least 16% and 4%,
respectively.
| ||||||
19 | (c) A person, firm, or corporation is ineligible to receive | ||||||
20 | a managers
license if:
| ||||||
21 | (1) the person has been convicted of a felony under the | ||||||
22 | laws of this
State, any other state, or the United States;
| ||||||
23 | (2) the person has been convicted of any violation of | ||||||
24 | Article 28 of
the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012 , or substantially similar laws of any other
|
| |||||||
| |||||||
1 | jurisdiction;
| ||||||
2 | (3) the person has submitted an application for a | ||||||
3 | license under this
Act which contains false information;
| ||||||
4 | (4) the person is a member of the Board;
| ||||||
5 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
6 | officer, director, or
managerial employee of the firm or | ||||||
7 | corporation;
| ||||||
8 | (6) the firm or corporation employs a person defined in | ||||||
9 | (1), (2), (3),
or (4) who participates in the management or | ||||||
10 | operation of gambling
operations authorized under this | ||||||
11 | Act; or
| ||||||
12 | (7) a license of the person, firm, or corporation | ||||||
13 | issued under this Act,
or
a license to own or operate | ||||||
14 | gambling facilities in any other jurisdiction, has
been | ||||||
15 | revoked.
| ||||||
16 | (d) Each applicant shall submit with his or her | ||||||
17 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
18 | her fingerprints.
| ||||||
19 | (e) The Board shall charge each applicant a fee, set by the | ||||||
20 | Board, to defray
the costs associated with the background | ||||||
21 | investigation conducted by the
Board.
| ||||||
22 | (f) A person who knowingly makes a false statement on an | ||||||
23 | application is
guilty of a Class A misdemeanor.
| ||||||
24 | (g) The managers license shall be for a term not to exceed | ||||||
25 | 10 years, shall
be
renewable at the Board's option, and shall | ||||||
26 | contain such terms and
provisions as the Board deems necessary |
| |||||||
| |||||||
1 | to protect or enhance the
credibility and integrity of State | ||||||
2 | gambling operations, achieve the highest
prospective total | ||||||
3 | revenue to the State, and otherwise serve the interests of
the | ||||||
4 | citizens of Illinois.
| ||||||
5 | (h) Issuance of a managers license shall be subject to an | ||||||
6 | open and
competitive bidding
process. The Board may select an | ||||||
7 | applicant other than the lowest bidder by
price. If it does not | ||||||
8 | select the lowest bidder, the Board shall issue a notice
of who
| ||||||
9 | the lowest bidder was and a written decision as to why another | ||||||
10 | bidder was
selected.
| ||||||
11 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
12 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
13 | Sec. 8. Suppliers licenses.
| ||||||
14 | (a) The Board may issue a suppliers license to such | ||||||
15 | persons, firms or
corporations which apply therefor upon the | ||||||
16 | payment of a non-refundable
application fee set by the Board, | ||||||
17 | upon a determination by the Board that
the applicant is | ||||||
18 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
19 | annual license
fee.
| ||||||
20 | (b) The holder of a suppliers license is authorized to sell | ||||||
21 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
22 | and supplies to any
licensee involved in the ownership or | ||||||
23 | management of gambling operations.
| ||||||
24 | (c) Gambling supplies and equipment may not be distributed
| ||||||
25 | unless supplies and equipment conform to standards adopted by
|
| |||||||
| |||||||
1 | rules of the Board.
| ||||||
2 | (d) A person, firm or corporation is ineligible to receive | ||||||
3 | a suppliers
license if:
| ||||||
4 | (1) the person has been convicted of a felony under the | ||||||
5 | laws of this
State, any other state, or the United States;
| ||||||
6 | (2) the person has been convicted of any violation of | ||||||
7 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 , or substantially similar laws of any other | ||||||
9 | jurisdiction;
| ||||||
10 | (3) the person has submitted an application for a | ||||||
11 | license under this
Act which contains false information;
| ||||||
12 | (4) the person is a member of the Board;
| ||||||
13 | (5) the firm or corporation is one in which a person | ||||||
14 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
15 | managerial employee;
| ||||||
16 | (6) the firm or corporation employs a person who | ||||||
17 | participates in the
management or operation of riverboat | ||||||
18 | gambling authorized under this Act;
| ||||||
19 | (7) the license of the person, firm or corporation | ||||||
20 | issued under
this Act, or a license to own or operate | ||||||
21 | gambling facilities
in any other jurisdiction, has been | ||||||
22 | revoked.
| ||||||
23 | (e) Any person that supplies any equipment, devices, or | ||||||
24 | supplies to a
licensed riverboat gambling operation must first | ||||||
25 | obtain a suppliers
license. A supplier shall furnish to the | ||||||
26 | Board a list of all equipment,
devices and supplies offered for |
| |||||||
| |||||||
1 | sale or lease in connection with gambling
games authorized | ||||||
2 | under this Act. A supplier shall keep books and records
for the | ||||||
3 | furnishing of equipment, devices and supplies to gambling
| ||||||
4 | operations separate and distinct from any other business that | ||||||
5 | the supplier
might operate. A supplier shall file a quarterly | ||||||
6 | return with the Board
listing all sales and leases. A supplier | ||||||
7 | shall permanently affix its name
to all its equipment, devices, | ||||||
8 | and supplies for gambling operations.
Any supplier's | ||||||
9 | equipment, devices or supplies which are used by any person
in | ||||||
10 | an unauthorized gambling operation shall be forfeited to the | ||||||
11 | State. A
licensed owner may own its own equipment, devices and | ||||||
12 | supplies. Each
holder of an owners license under the Act shall | ||||||
13 | file an annual report
listing its inventories of gambling | ||||||
14 | equipment, devices and supplies.
| ||||||
15 | (f) Any person who knowingly makes a false statement on an | ||||||
16 | application
is guilty of a Class A misdemeanor.
| ||||||
17 | (g) Any gambling equipment, devices and supplies provided | ||||||
18 | by any
licensed supplier may either be repaired on the | ||||||
19 | riverboat or removed from
the riverboat to an on-shore facility | ||||||
20 | owned by the holder of an owners
license for repair.
| ||||||
21 | (Source: P.A. 86-1029; 87-826.)
| ||||||
22 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
23 | Sec. 9. Occupational licenses.
| ||||||
24 | (a) The Board may issue an occupational license to an | ||||||
25 | applicant upon the
payment of a non-refundable fee set by the |
| |||||||
| |||||||
1 | Board, upon a determination by
the Board that the applicant is | ||||||
2 | eligible for an occupational license and
upon payment of an | ||||||
3 | annual license fee in an amount to be established. To
be | ||||||
4 | eligible for an occupational license, an applicant must:
| ||||||
5 | (1) be at least 21 years of age if the applicant will | ||||||
6 | perform any
function involved in gaming by patrons. Any | ||||||
7 | applicant seeking an
occupational license for a non-gaming | ||||||
8 | function shall be at least 18 years
of age;
| ||||||
9 | (2) not have been convicted of a felony offense, a | ||||||
10 | violation of Article
28 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 , or a similar statute of any other
| ||||||
12 | jurisdiction;
| ||||||
13 | (2.5) not have been convicted of a crime, other than a | ||||||
14 | crime described in item (2) of this subsection (a), | ||||||
15 | involving dishonesty or moral turpitude, except that the | ||||||
16 | Board may, in its discretion, issue an occupational license | ||||||
17 | to a person who has been convicted of a crime described in | ||||||
18 | this item (2.5) more than 10 years prior to his or her | ||||||
19 | application and has not subsequently been convicted of any | ||||||
20 | other crime;
| ||||||
21 | (3) have demonstrated a level of skill or knowledge | ||||||
22 | which the Board
determines to be necessary in order to | ||||||
23 | operate gambling aboard a riverboat; and
| ||||||
24 | (4) have met standards for the holding of an | ||||||
25 | occupational license as
adopted by rules of the Board. Such | ||||||
26 | rules shall provide that any person or
entity seeking an |
| |||||||
| |||||||
1 | occupational license to manage gambling operations
| ||||||
2 | hereunder shall be subject to background inquiries and | ||||||
3 | further requirements
similar to those required of | ||||||
4 | applicants for an owners license.
Furthermore, such rules | ||||||
5 | shall provide that each such entity shall be
permitted to | ||||||
6 | manage gambling operations for only one licensed owner.
| ||||||
7 | (b) Each application for an occupational license shall be | ||||||
8 | on forms
prescribed by the Board and shall contain all | ||||||
9 | information required by the
Board. The applicant shall set | ||||||
10 | forth in the application: whether he has been
issued prior | ||||||
11 | gambling related licenses; whether he has been licensed in any
| ||||||
12 | other state under any other name, and, if so, such name and his | ||||||
13 | age; and
whether or not a permit or license issued to him in | ||||||
14 | any other state has
been suspended, restricted or revoked, and, | ||||||
15 | if so, for what period of time.
| ||||||
16 | (c) Each applicant shall submit with his application, on | ||||||
17 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
18 | Board shall charge each
applicant a fee set by the Department | ||||||
19 | of State Police to defray the costs
associated with the search | ||||||
20 | and classification of fingerprints obtained by
the Board with | ||||||
21 | respect to the applicant's application. These fees shall be
| ||||||
22 | paid into the State Police Services Fund.
| ||||||
23 | (d) The Board may in its discretion refuse an occupational | ||||||
24 | license to
any person: (1) who is unqualified to perform the | ||||||
25 | duties required of such
applicant; (2) who fails to disclose or | ||||||
26 | states falsely any information
called for in the application; |
| |||||||
| |||||||
1 | (3) who has been found guilty of a
violation of this Act or | ||||||
2 | whose prior gambling related license or
application therefor | ||||||
3 | has been suspended, restricted, revoked or denied for
just | ||||||
4 | cause in any other state; or (4) for any other just cause.
| ||||||
5 | (e) The Board may suspend, revoke or restrict any | ||||||
6 | occupational licensee:
(1) for violation of any provision of | ||||||
7 | this Act; (2) for violation of any
of the rules and regulations | ||||||
8 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
9 | would have disqualified the applicant from receiving
such | ||||||
10 | license; or (4) for default in the payment of any obligation or | ||||||
11 | debt
due to the State of Illinois; or (5) for any other just | ||||||
12 | cause.
| ||||||
13 | (f) A person who knowingly makes a false statement on an | ||||||
14 | application is
guilty of a Class A misdemeanor.
| ||||||
15 | (g) Any license issued pursuant to this Section shall be | ||||||
16 | valid for a
period of one year from the date of issuance.
| ||||||
17 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
18 | licensed
owner from entering into an agreement with a public | ||||||
19 | community college or a school approved under the
Private | ||||||
20 | Business and Vocational Schools Act of 2012 for the training of | ||||||
21 | any
occupational licensee. Any training offered by such a | ||||||
22 | school shall be in
accordance with a written agreement between | ||||||
23 | the licensed owner and the school.
| ||||||
24 | (i) Any training provided for occupational licensees may be | ||||||
25 | conducted
either on the riverboat or at a school with which a | ||||||
26 | licensed owner has
entered into an agreement pursuant to |
| |||||||
| |||||||
1 | subsection (h).
| ||||||
2 | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12.)
| ||||||
3 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
4 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
5 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
6 | any of the
following:
| ||||||
7 | (1) Conducting gambling where wagering
is used or to be | ||||||
8 | used
without a license issued by the Board.
| ||||||
9 | (2) Conducting gambling where wagering
is permitted | ||||||
10 | other
than in the manner specified by Section 11.
| ||||||
11 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
12 | any of the
following:
| ||||||
13 | (1) permitting a person under 21 years to make a wager; | ||||||
14 | or
| ||||||
15 | (2) violating paragraph (12) of subsection (a) of | ||||||
16 | Section 11 of this Act.
| ||||||
17 | (c) A person wagering or accepting a wager at any location | ||||||
18 | outside the
riverboat is subject to the penalties in paragraphs | ||||||
19 | (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | ||||||
20 | Code of 2012 1961 .
| ||||||
21 | (d) A person commits a Class 4 felony and, in addition, | ||||||
22 | shall be barred
for life from riverboats under the jurisdiction | ||||||
23 | of the
Board, if the person does any of the following:
| ||||||
24 | (1) Offers, promises, or gives anything of value or | ||||||
25 | benefit to a person
who is connected with a riverboat owner |
| |||||||
| |||||||
1 | including, but
not limited to, an officer or employee of a | ||||||
2 | licensed owner or holder of an
occupational license | ||||||
3 | pursuant to an agreement or arrangement or with the
intent | ||||||
4 | that the promise or thing of value or benefit will | ||||||
5 | influence the
actions of the person to whom the offer, | ||||||
6 | promise, or gift was made in order
to affect or attempt to | ||||||
7 | affect the outcome of a gambling game, or to
influence | ||||||
8 | official action of a member of the Board.
| ||||||
9 | (2) Solicits or knowingly accepts or receives a promise | ||||||
10 | of anything of
value or benefit while the person is | ||||||
11 | connected with a riverboat
including, but not limited to, | ||||||
12 | an officer or employee of a licensed owner,
or holder of an | ||||||
13 | occupational license, pursuant to an understanding or
| ||||||
14 | arrangement or with the intent that the promise or thing of | ||||||
15 | value or
benefit will influence the actions of the person | ||||||
16 | to affect or attempt to
affect the outcome of a gambling | ||||||
17 | game, or to influence official action of a
member of the | ||||||
18 | Board.
| ||||||
19 | (3) Uses or possesses with the intent to use a device | ||||||
20 | to assist:
| ||||||
21 | (i) In projecting the outcome of the game.
| ||||||
22 | (ii) In keeping track of the cards played.
| ||||||
23 | (iii) In analyzing the probability of the | ||||||
24 | occurrence of an event
relating to the gambling game.
| ||||||
25 | (iv) In analyzing the strategy for playing or | ||||||
26 | betting to be used in the
game except as permitted by |
| |||||||
| |||||||
1 | the Board.
| ||||||
2 | (4) Cheats at a gambling game.
| ||||||
3 | (5) Manufactures, sells, or distributes any cards, | ||||||
4 | chips, dice, game or
device which is intended to be used to | ||||||
5 | violate any provision of this Act.
| ||||||
6 | (6) Alters or misrepresents the outcome of a gambling | ||||||
7 | game on which
wagers have been made after the outcome is | ||||||
8 | made sure but before it is
revealed to the players.
| ||||||
9 | (7) Places a bet after acquiring knowledge, not | ||||||
10 | available to all players,
of the outcome of the gambling | ||||||
11 | game which is subject of the bet or to aid a
person in | ||||||
12 | acquiring the knowledge for the purpose of placing a bet
| ||||||
13 | contingent on that outcome.
| ||||||
14 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
15 | collect, or take,
money or anything of value in or from the | ||||||
16 | gambling games, with intent to
defraud, without having made | ||||||
17 | a wager contingent on winning a gambling game,
or claims, | ||||||
18 | collects, or takes an amount of money or thing of value of
| ||||||
19 | greater value than the amount won.
| ||||||
20 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
21 | game.
| ||||||
22 | (10) Possesses any key or device designed for the | ||||||
23 | purpose of opening,
entering, or affecting the operation of | ||||||
24 | a gambling game, drop box, or an
electronic or mechanical | ||||||
25 | device connected with the gambling game or for
removing | ||||||
26 | coins, tokens, chips or other contents of a gambling game. |
| |||||||
| |||||||
1 | This
paragraph (10) does not apply to a gambling licensee | ||||||
2 | or employee of a
gambling licensee acting in furtherance of | ||||||
3 | the employee's employment.
| ||||||
4 | (e) The possession of more than one of the devices | ||||||
5 | described in
subsection (d), paragraphs (3), (5), or (10) | ||||||
6 | permits a rebuttable
presumption that the possessor intended to | ||||||
7 | use the devices for cheating.
| ||||||
8 | (f) A person under the age of 21 who, except as authorized | ||||||
9 | under paragraph (10) of Section 11, enters upon a riverboat | ||||||
10 | commits a petty offense and is subject to a fine of not less | ||||||
11 | than $100 or more than $250 for a first offense and of not less | ||||||
12 | than $200 or more than $500 for a second or subsequent offense. | ||||||
13 | An action to prosecute any crime occurring on a riverboat
| ||||||
14 | shall be tried in the county of the dock at which the riverboat | ||||||
15 | is based.
| ||||||
16 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
17 | (230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||||||
18 | Sec. 19. Forfeiture of property. (a) Except as provided in
| ||||||
19 | subsection (b), any riverboat
used for the conduct of gambling | ||||||
20 | games in violation of this Act shall be
considered a gambling | ||||||
21 | place in violation of Section 28-3 of the Criminal
Code of 2012 | ||||||
22 | 1961, as now or hereafter amended . Every gambling device found | ||||||
23 | on
a riverboat operating gambling games in violation of this
| ||||||
24 | Act shall be subject to seizure, confiscation and destruction | ||||||
25 | as provided
in Section 28-5 of the Criminal Code of 2012 1961, |
| |||||||
| |||||||
1 | as now or hereafter amended .
| ||||||
2 | (b) It is not a violation of this Act for a riverboat or | ||||||
3 | other
watercraft which is licensed for gaming by a contiguous | ||||||
4 | state to dock on
the shores of this State if the municipality | ||||||
5 | having jurisdiction of the
shores, or the county in the case of | ||||||
6 | unincorporated areas, has granted
permission for docking and no | ||||||
7 | gaming is conducted on the riverboat or other
watercraft while | ||||||
8 | it is docked on the shores of this State.
No gambling device | ||||||
9 | shall be subject to seizure, confiscation or
destruction if the | ||||||
10 | gambling device is located on a riverboat or other
watercraft | ||||||
11 | which is licensed for gaming by a contiguous state and which is
| ||||||
12 | docked on the shores of this State if the municipality having | ||||||
13 | jurisdiction
of the shores, or the county in the case of | ||||||
14 | unincorporated areas, has
granted permission for docking and no
| ||||||
15 | gaming is conducted on the riverboat or other watercraft while | ||||||
16 | it is docked on
the shores of this State.
| ||||||
17 | (Source: P.A. 86-1029.)
| ||||||
18 | Section 475. The Raffles Act is amended by changing | ||||||
19 | Sections 1 and 8.1 as follows:
| ||||||
20 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
21 | Sec. 1.
Definitions.) For the purposes of this Act the | ||||||
22 | terms defined
in this Section have the meanings given them.
| ||||||
23 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
24 | raffles, less
reasonable sums expended for prizes, local |
| |||||||
| |||||||
1 | license fees and other reasonable
operating expenses incurred | ||||||
2 | as a result of operating a raffle.
| ||||||
3 | "Raffle" means a form of lottery, as defined in Section | ||||||
4 | 28-2 (b) of the
" Criminal Code of 2012 1961" , conducted by an | ||||||
5 | organization licensed under this Act, in which:
| ||||||
6 | (1) the player pays or agrees to pay something of value for | ||||||
7 | a chance,
represented and differentiated by a number or by a | ||||||
8 | combination of numbers
or by some other medium, one or more of | ||||||
9 | which chances is to be designated
the winning chance;
| ||||||
10 | (2) the winning chance is to be determined through a | ||||||
11 | drawing or by some
other method based on an element of chance | ||||||
12 | by an act or set of acts on the
part of persons conducting or | ||||||
13 | connected with the lottery, except that the
winning chance | ||||||
14 | shall not be determined by the outcome of a publicly exhibited
| ||||||
15 | sporting contest.
| ||||||
16 | (Source: P.A. 81-1365.)
| ||||||
17 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||||||
18 | Sec. 8.1. (a) Political Committees. For the purposes of | ||||||
19 | this Section
the terms defined in this subsection have the | ||||||
20 | meanings given them.
| ||||||
21 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
22 | raffles, less
reasonable sums expended for prizes, license fees | ||||||
23 | and other reasonable
operating expenses incurred as a result of | ||||||
24 | operating a raffle.
| ||||||
25 | "Raffle" means a form of lottery, as defined in Section |
| |||||||
| |||||||
1 | 28-2 (b) of the
" Criminal Code of 2012 1961" , conducted by a | ||||||
2 | political committee licensed under
this Section, in which:
| ||||||
3 | (1) the player pays or agrees to pay something of value | ||||||
4 | for a chance,
represented and differentiated by a number or | ||||||
5 | by a combination of numbers
or by some other medium, one or | ||||||
6 | more of which chances is to be designated
the winning | ||||||
7 | chance;
| ||||||
8 | (2) the winning chance is to be determined through a | ||||||
9 | drawing or by some
other method based on an element of | ||||||
10 | chance by an act or set of acts on the
part of persons | ||||||
11 | conducting or connected with the lottery, except that the
| ||||||
12 | winning chance shall not be determined by the outcome of a | ||||||
13 | publicly exhibited
sporting contest.
| ||||||
14 | "Unresolved claim" means a claim for civil penalty under | ||||||
15 | Sections
9-3, 9-10, and 9-23
of The Election Code which has | ||||||
16 | been begun by the State Board of Elections,
has been disputed | ||||||
17 | by the political committee under the applicable rules of
the | ||||||
18 | State Board of Elections, and has not been finally decided | ||||||
19 | either by
the State Board of Elections, or, where application | ||||||
20 | for review has been
made to the Courts of Illinois, remains | ||||||
21 | finally undecided by the Courts.
| ||||||
22 | "Owes" means that a political committee has been finally | ||||||
23 | determined under
applicable rules of the State Board of | ||||||
24 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
25 | 9-10, and 9-23 of The Election
Code.
| ||||||
26 | (b) Licenses issued pursuant to this Section shall be valid |
| |||||||
| |||||||
1 | for one
raffle or for a specified number of raffles to be | ||||||
2 | conducted during a
specified period not to exceed one year and | ||||||
3 | may be suspended or revoked for
any violation of this Section. | ||||||
4 | The State Board of Elections shall act on a
license application | ||||||
5 | within 30 days from the date of application.
| ||||||
6 | (c) Licenses issued by the State Board of Elections are
| ||||||
7 | subject to the following restrictions:
| ||||||
8 | (1) No political committee shall conduct raffles or | ||||||
9 | chances without
having first obtained a license therefor | ||||||
10 | pursuant to this Section.
| ||||||
11 | (2) The application for license shall be prepared in | ||||||
12 | accordance with
regulations of the State Board of Elections
| ||||||
13 | and must specify the area or
areas within the State in | ||||||
14 | which raffle chances will be sold or issued, the
time | ||||||
15 | period during which raffle chances will be sold or issued, | ||||||
16 | the time of
determination of winning chances and the | ||||||
17 | location or locations at which
winning chances will be | ||||||
18 | determined.
| ||||||
19 | (3) A license authorizes the licensee to conduct | ||||||
20 | raffles as defined in
this Section.
| ||||||
21 | The following are ineligible for any license under this | ||||||
22 | Section:
| ||||||
23 | (i) any political committee which has an officer | ||||||
24 | who has been
convicted of a felony;
| ||||||
25 | (ii) any political committee which has an officer | ||||||
26 | who is or has been a
professional gambler or gambling |
| |||||||
| |||||||
1 | promoter;
| ||||||
2 | (iii) any political committee which has an officer | ||||||
3 | who is not of good
moral character;
| ||||||
4 | (iv) any political committee which has an officer | ||||||
5 | who is also an officer
of a firm or corporation in | ||||||
6 | which a person defined in (i), (ii) or (iii)
has a | ||||||
7 | proprietary, equitable or credit interest, or in which | ||||||
8 | such a person
is active or employed;
| ||||||
9 | (v) any political committee in which a person | ||||||
10 | defined in (i), (ii) or
(iii) is an officer, director, | ||||||
11 | or employee, whether compensated or not;
| ||||||
12 | (vi) any political committee in which a person | ||||||
13 | defined in (i), (ii) or
(iii) is to participate in the | ||||||
14 | management or operation of a raffle as
defined in this | ||||||
15 | Section;
| ||||||
16 | (vii) any committee which, at the time of its | ||||||
17 | application for a
license to conduct a raffle, owes the | ||||||
18 | State Board of Elections any unpaid
civil penalty | ||||||
19 | authorized by Sections
9-3, 9-10, and 9-23 of
The | ||||||
20 | Election Code, or is the
subject of an unresolved claim | ||||||
21 | for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||||||
22 | of
The Election Code;
| ||||||
23 | (viii) any political committee which, at the time | ||||||
24 | of its application
to conduct a raffle, has not | ||||||
25 | submitted any report or document required to
be filed | ||||||
26 | by Article 9 of The Election Code and such report or |
| |||||||
| |||||||
1 | document is
more than 10 days overdue.
| ||||||
2 | (d) (1) The conducting of raffles is subject
to the | ||||||
3 | following restrictions:
| ||||||
4 | (i) The entire net proceeds of any raffle must be | ||||||
5 | exclusively devoted
to the lawful purposes of the | ||||||
6 | political committee permitted to conduct that
game.
| ||||||
7 | (ii) No person except a bona fide member of the | ||||||
8 | political committee
may participate in the management | ||||||
9 | or operation of the raffle.
| ||||||
10 | (iii) No person may receive any remuneration or | ||||||
11 | profit for participating
in the management or | ||||||
12 | operation of the raffle.
| ||||||
13 | (iv) Raffle chances may be sold or issued only | ||||||
14 | within the area specified
on the license and winning | ||||||
15 | chances may be determined only at those locations
| ||||||
16 | specified on the license.
| ||||||
17 | (v) A person under the age of 18 years may | ||||||
18 | participate in the conducting
of raffles or chances | ||||||
19 | only with the permission of a parent or guardian.
A | ||||||
20 | person under the age of 18 years may be within
the area | ||||||
21 | where winning chances are being determined only when | ||||||
22 | accompanied
by his parent or guardian.
| ||||||
23 | (2) If a lessor rents premises where a winning chance | ||||||
24 | or chances on a
raffle are determined, the lessor shall not | ||||||
25 | be criminally liable if the
person who uses the premises | ||||||
26 | for the determining of winning chances does not
hold a |
| |||||||
| |||||||
1 | license issued under the provisions
of this Section.
| ||||||
2 | (e) (1) Each political committee licensed to conduct | ||||||
3 | raffles and
chances shall keep records of its gross | ||||||
4 | receipts, expenses and net proceeds
for each single | ||||||
5 | gathering or occasion at which winning chances are | ||||||
6 | determined.
All deductions from gross receipts for each | ||||||
7 | single gathering or occasion
shall be documented with | ||||||
8 | receipts or other records indicating the amount,
a | ||||||
9 | description of the purchased item or service or other | ||||||
10 | reason for the
deduction, and the recipient. The | ||||||
11 | distribution of net proceeds shall be
itemized as to payee, | ||||||
12 | purpose, amount and date of payment.
| ||||||
13 | (2) Each political committee licensed to conduct | ||||||
14 | raffles shall report
on the next report due to be filed | ||||||
15 | under Article 9 of The Election Code
its gross receipts, | ||||||
16 | expenses and net proceeds
from raffles, and the | ||||||
17 | distribution of net proceeds itemized as required in
this | ||||||
18 | subsection.
| ||||||
19 | Such reports shall be included in the regular reports | ||||||
20 | required of
political committees by Article 9 of The Election | ||||||
21 | Code.
| ||||||
22 | (3) Records required by this subsection shall be | ||||||
23 | preserved for 3 years,
and political committees shall make | ||||||
24 | available their records relating to
operation of raffles | ||||||
25 | for public inspection at reasonable times and places.
| ||||||
26 | (f) Violation of any provision of this Section is a Class
C |
| |||||||
| |||||||
1 | misdemeanor.
| ||||||
2 | (g) Nothing in this Section shall be construed to authorize | ||||||
3 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
4 | activity or device other
than raffles as provided for herein.
| ||||||
5 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
6 | Section 480. The Illinois Pull Tabs and Jar Games Act is | ||||||
7 | amended by changing Sections 2.1, 6, and 7 as follows: | ||||||
8 | (230 ILCS 20/2.1)
| ||||||
9 | Sec. 2.1. Ineligibility for a license. The following are | ||||||
10 | ineligible for any license under this Act:
| ||||||
11 | (1) Any person who has been convicted of a felony | ||||||
12 | within the last 10 years prior to the
date of the | ||||||
13 | application.
| ||||||
14 | (2) Any person who has been convicted of a violation of | ||||||
15 | Article 28 of
the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012 .
| ||||||
17 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
18 | games, or
charitable games license revoked by the | ||||||
19 | Department.
| ||||||
20 | (4) Any person who is or has been a professional | ||||||
21 | gambler.
| ||||||
22 | (5) Any person found gambling in a manner not | ||||||
23 | authorized by the Illinois Pull Tabs and Jar Games Act, the | ||||||
24 | Bingo License and Tax Act, or the Charitable Games Act, |
| |||||||
| |||||||
1 | participating in such gambling, or knowingly permitting | ||||||
2 | such gambling on premises where pull tabs and jar games are | ||||||
3 | authorized to be conducted.
| ||||||
4 | (6) Any firm or corporation in which a person defined | ||||||
5 | in (1), (2), (3), (4),
or (5) has any proprietary, | ||||||
6 | equitable, or credit interest or in which such
person is | ||||||
7 | active or employed.
| ||||||
8 | (7) Any organization in which a person defined in (1), | ||||||
9 | (2), (3), (4), or (5)
is an officer, director, or employee, | ||||||
10 | whether compensated or not.
| ||||||
11 | (8) Any organization in which a person defined in (1), | ||||||
12 | (2), (3), (4), or (5)
is to participate in the management | ||||||
13 | or operation of pull tabs and jar games.
| ||||||
14 | The Department of State Police shall provide the criminal | ||||||
15 | background of
any supplier as requested by the Department of | ||||||
16 | Revenue.
| ||||||
17 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
18 | (230 ILCS 20/6) (from Ch. 120, par. 1056)
| ||||||
19 | Sec. 6. Each licensee must keep a complete record of pull | ||||||
20 | tabs and jar
games conducted within the previous 3 years. Such | ||||||
21 | record shall be available for
inspection by any employee of the | ||||||
22 | Department of Revenue during reasonable
business hours. The | ||||||
23 | Department may require that any person, organization, or | ||||||
24 | corporation licensed under this Act obtain from an Illinois | ||||||
25 | certified public accounting firm at its own expense a certified |
| |||||||
| |||||||
1 | and unqualified financial statement and verification of | ||||||
2 | records of such organization. Failure of a pull tabs and jar | ||||||
3 | games licensee to comply with this requirement within 90 days | ||||||
4 | of receiving notice from the Department may result in | ||||||
5 | suspension or revocation of the licensee's license.
| ||||||
6 | The Department of Revenue may, at its discretion, suspend or
| ||||||
7 | revoke
any license if it finds that the licensee or any person | ||||||
8 | connected therewith
has violated or is violating this Act.
A | ||||||
9 | suspension or revocation shall be in addition to, and not in | ||||||
10 | lieu of, any other civil penalties or assessments that are | ||||||
11 | authorized by this Act. No licensee under this Act, while pull | ||||||
12 | tabs and jar games chances are being
conducted, shall knowingly | ||||||
13 | permit entry to any part of the licensed premises
by any person
| ||||||
14 | who has been convicted
of a felony or a violation of Article 28 | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
16 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
17 | (230 ILCS 20/7) (from Ch. 120, par. 1057)
| ||||||
18 | Sec. 7. Violations.
| ||||||
19 | (a) Any person who conducts or knowingly participates in an | ||||||
20 | unlicensed pull tabs and jar game commits the offense of | ||||||
21 | gambling in violation of Section 28-1 of the Criminal Code of | ||||||
22 | 2012 1961, as amended . Any person who violates any other | ||||||
23 | provision of this Act, or any person who knowingly fails to | ||||||
24 | file a pull tabs and jar games return or who knowingly files a | ||||||
25 | fraudulent application or return under this Act, or any person |
| |||||||
| |||||||
1 | who wilfully violates any rule or regulation of the Department | ||||||
2 | for the administration and enforcement of this Act, or any | ||||||
3 | officer or agent of an organization licensed under this Act who | ||||||
4 | signs a fraudulent application or return filed on behalf of | ||||||
5 | such an organization, is guilty of a Class A misdemeanor. | ||||||
6 | (b) Any organization that illegally conducts pull tabs or | ||||||
7 | jar games, in addition to other penalties provided for in this | ||||||
8 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
9 | gross proceeds derived from those unlicensed games, as well as | ||||||
10 | confiscation and forfeiture of all pull tabs and jar games | ||||||
11 | equipment used in the conduct of those unlicensed games. | ||||||
12 | (c) Any organization licensed to conduct pull tabs and jar | ||||||
13 | games which allows any form of illegal gambling to be conducted | ||||||
14 | on the premises where pull tabs and jar games are being | ||||||
15 | conducted, in addition to other penalties provided for in this | ||||||
16 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
17 | gross proceeds derived on that day from pull tabs and jar games | ||||||
18 | and any illegal game that may have been conducted, as well as | ||||||
19 | confiscation and forfeiture of all pull tabs and jar games | ||||||
20 | equipment used in the conduct of any unlicensed or illegal | ||||||
21 | games.
| ||||||
22 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
23 | Section 485. The Bingo License and Tax Act is amended by | ||||||
24 | changing Sections 1.2, 4, and 5 as follows: |
| |||||||
| |||||||
1 | (230 ILCS 25/1.2)
| ||||||
2 | Sec. 1.2. Ineligibility for licensure. The following are | ||||||
3 | ineligible for any license under this Act: | ||||||
4 | (1) Any person who has been convicted of a felony | ||||||
5 | within the last 10 years prior to the date of application. | ||||||
6 | (2) Any person who has been convicted of a violation of | ||||||
7 | Article 28 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 . | ||||||
9 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
10 | games, or charitable games license revoked by the | ||||||
11 | Department. | ||||||
12 | (4) Any person who is or has been a professional | ||||||
13 | gambler. | ||||||
14 | (5) Any person found gambling in a manner not | ||||||
15 | authorized by the Illinois Pull Tabs and Jar Games Act, | ||||||
16 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
17 | participating in such gambling, or knowingly permitting | ||||||
18 | such gambling on premises where a bingo event is authorized | ||||||
19 | to be conducted or has been conducted. | ||||||
20 | (6) Any organization in which a person defined in (1), | ||||||
21 | (2), (3), (4), or (5) has a proprietary, equitable, or | ||||||
22 | credit interest, or in which such person is active or | ||||||
23 | employed. | ||||||
24 | (7) Any organization in which a person defined in (1), | ||||||
25 | (2), (3), (4), or (5) is an officer, director, or employee, | ||||||
26 | whether compensated or not. |
| |||||||
| |||||||
1 | (8) Any organization in which a person defined in (1), | ||||||
2 | (2), (3), (4), or (5) is to participate in the management | ||||||
3 | or operation of a bingo game. | ||||||
4 | The Department of State Police shall provide the criminal | ||||||
5 | background of any person requested by the Department of | ||||||
6 | Revenue.
| ||||||
7 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
8 | (230 ILCS 25/4) (from Ch. 120, par. 1104)
| ||||||
9 | Sec. 4. Each licensee must keep a complete record of bingo | ||||||
10 | games conducted
within the previous 3 years. Such record shall | ||||||
11 | be available for inspection by
any employee of the Department | ||||||
12 | of Revenue during reasonable business hours.
| ||||||
13 | The Department may require that any person, organization or | ||||||
14 | corporation
licensed under this Act obtain from an Illinois | ||||||
15 | certified public accounting
firm at its own expense a certified | ||||||
16 | and unqualified financial statement
and verification of | ||||||
17 | records of such organization.
Failure of a bingo licensee to | ||||||
18 | comply with this requirement within 90
days of receiving notice | ||||||
19 | from the Director may
result in suspension or revocation of the | ||||||
20 | licensee's license.
| ||||||
21 | The Department of Revenue may, at its discretion, suspend | ||||||
22 | or revoke
any license if it finds that the licensee or any | ||||||
23 | person connected therewith
has violated or is violating the | ||||||
24 | provisions of this Act. A suspension or revocation shall be in | ||||||
25 | addition to, and not in lieu of, any other civil penalties or |
| |||||||
| |||||||
1 | assessments that are authorized by this Act. No licensee under
| ||||||
2 | this Act, while a bingo game is being conducted, shall | ||||||
3 | knowingly permit
entry into any part of the licensed premises | ||||||
4 | by any person
who has been convicted of a felony or a violation | ||||||
5 | of
Article 28 of the " Criminal Code of 1961 " or the Criminal | ||||||
6 | Code of 2012 .
| ||||||
7 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
8 | (230 ILCS 25/5) (from Ch. 120, par. 1105)
| ||||||
9 | Sec. 5. Penalties.
| ||||||
10 | (a) Any person who conducts or knowingly participates in an
| ||||||
11 | unlicensed bingo game commits the offense of gambling in | ||||||
12 | violation of
Section 28-1 of the Criminal Code of 2012 1961, as | ||||||
13 | amended . Any person who
violates any other provision of this | ||||||
14 | Act, or any person who
knowingly fails to file a bingo return | ||||||
15 | or who knowingly files a fraudulent
application or return
under | ||||||
16 | this Act, or any person who wilfully
violates any rule or | ||||||
17 | regulation of the Department for the administration
and | ||||||
18 | enforcement of this Act, or any officer or agent of an | ||||||
19 | organization
licensed under this Act who signs a fraudulent | ||||||
20 | application or return filed on behalf of
such an organization, | ||||||
21 | is guilty of a Class A misdemeanor.
| ||||||
22 | (b) Any organization that illegally conducts bingo, in | ||||||
23 | addition to other penalties provided for in this Act, shall be | ||||||
24 | subject to a civil penalty
equal to the gross proceeds derived | ||||||
25 | from those
unlicensed games, as well as confiscation and |
| |||||||
| |||||||
1 | forfeiture of all bingo equipment
used in the conduct of those | ||||||
2 | unlicensed games.
| ||||||
3 | (c) Any organization licensed to conduct bingo which allows | ||||||
4 | any form of illegal gambling to be conducted on the premises | ||||||
5 | where bingo is being conducted, in addition to other penalties | ||||||
6 | provided for in this Act, shall be subject to a civil penalty | ||||||
7 | equal to the amount of gross proceeds derived on that day from | ||||||
8 | bingo and any illegal game that may have been conducted, as | ||||||
9 | well as confiscation and forfeiture of all bingo equipment used | ||||||
10 | in the conduct of any unlicensed or illegal games. | ||||||
11 | (d) Any person or organization, in addition to other | ||||||
12 | penalties provided for in this Act, shall be subject to a civil | ||||||
13 | penalty not to exceed $5,000 for any of the following | ||||||
14 | violations: | ||||||
15 | (1) Providing premises for the conduct of bingo without | ||||||
16 | first obtaining a license or a special permit to do so. | ||||||
17 | (2) Allowing unlicensed organizations to conduct bingo | ||||||
18 | on its premises. | ||||||
19 | (3) Allowing any form of illegal gambling to be | ||||||
20 | conducted on the premises where bingo is being conducted.
| ||||||
21 | (Source: P.A. 95-228, eff. 8-16-07.)
| ||||||
22 | Section 490. The Charitable Games Act is amended by | ||||||
23 | changing Sections 7, 10, and 12 as follows:
| ||||||
24 | (230 ILCS 30/7) (from Ch. 120, par. 1127)
|
| |||||||
| |||||||
1 | Sec. 7. Ineligible Persons. The following are ineligible | ||||||
2 | for any
license under this Act:
| ||||||
3 | (a) any person who has been convicted of a felony | ||||||
4 | within the last 10 years before
the date of the | ||||||
5 | application;
| ||||||
6 | (b) any person who has been convicted of a violation of | ||||||
7 | Article 28 of
the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 ;
| ||||||
9 | (c) any person who has had a bingo, pull tabs and jar | ||||||
10 | games, or charitable games
license revoked
by the | ||||||
11 | Department;
| ||||||
12 | (d) any person who is or has been a professional | ||||||
13 | gambler;
| ||||||
14 | (d-1) any person found gambling in a manner not | ||||||
15 | authorized by this Act,
the Illinois Pull Tabs and Jar | ||||||
16 | Games Act, or the Bingo License and Tax Act participating | ||||||
17 | in such gambling, or knowingly
permitting such gambling on | ||||||
18 | premises where an authorized charitable games event
is
| ||||||
19 | authorized to be conducted or has been conducted;
| ||||||
20 | (e) any organization in which a person defined in (a), | ||||||
21 | (b), (c), (d),
or
(d-1)
has a proprietary, equitable, or | ||||||
22 | credit interest, or in which the person
is active or | ||||||
23 | employed;
| ||||||
24 | (f) any organization in which a person defined
in (a), | ||||||
25 | (b), (c), (d), or (d-1) is an
officer, director, or | ||||||
26 | employee, whether compensated or not;
|
| |||||||
| |||||||
1 | (g) any organization in which a person defined in (a), | ||||||
2 | (b),
(c), (d), or (d-1) is to
participate in the management | ||||||
3 | or operation of charitable games.
| ||||||
4 | The Department of State Police shall provide the criminal | ||||||
5 | background of
any person requested by the Department of | ||||||
6 | Revenue.
| ||||||
7 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| ||||||
8 | (230 ILCS 30/10) (from Ch. 120, par. 1130)
| ||||||
9 | Sec. 10. Each licensee
must keep a complete record of | ||||||
10 | charitable games
conducted
within the previous 3 years. Such | ||||||
11 | record shall be open to
inspection by
any employee of the | ||||||
12 | Department of Revenue during reasonable business
hours.
| ||||||
13 | The Department may require that any person, organization or | ||||||
14 | corporation
licensed under this Act obtain from an Illinois | ||||||
15 | certified public accounting
firm at its own expense a certified | ||||||
16 | and unqualified financial statement
and verification of | ||||||
17 | records of such organization.
Failure of a charitable games | ||||||
18 | licensee to comply with this requirement within
90
days of | ||||||
19 | receiving notice from the Department may
result in suspension | ||||||
20 | or revocation of the licensee's license.
| ||||||
21 | The Department of Revenue may, at its discretion, suspend | ||||||
22 | or
revoke
any license if it finds that the licensee or any | ||||||
23 | person
connected therewith
has violated or is violating the | ||||||
24 | provisions of this Act. A
revocation or suspension shall be in | ||||||
25 | addition to, and not in lieu of, any other
civil penalties or |
| |||||||
| |||||||
1 | assessments that are authorized by this Act. No licensee
under
| ||||||
2 | this Act, while a charitable game is being conducted, shall | ||||||
3 | knowingly permit
the entry into any part of the licensed | ||||||
4 | premises by any person
who has been convicted of a violation of
| ||||||
5 | Article 28 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012 .
| ||||||
7 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| ||||||
8 | (230 ILCS 30/12) (from Ch. 120, par. 1132)
| ||||||
9 | Sec. 12. Penalties.
| ||||||
10 | (1) Any person who conducts or knowingly participates in an
| ||||||
11 | unlicensed charitable game commits the offense of gambling in | ||||||
12 | violation of
Section 28-1 of the Criminal Code of 2012 1961, as | ||||||
13 | amended . Any person who
violates any provision of this Act, or | ||||||
14 | any person who fails to file a
charitable games return or who
| ||||||
15 | files a fraudulent return
or application under this Act, or any | ||||||
16 | person who willfully
violates any rule or regulation of the | ||||||
17 | Department for the
administration
and enforcement of this Act, | ||||||
18 | or any officer or agent of an organization
licensed under this | ||||||
19 | Act who signs a fraudulent return or application filed
on | ||||||
20 | behalf of
such an organization, is guilty of a Class
A | ||||||
21 | misdemeanor. Any second or subsequent violation of this Act | ||||||
22 | constitutes
a Class 4 felony.
| ||||||
23 | (2) Any organization that illegally conducts charitable | ||||||
24 | games, in addition to other penalties provided for in this Act, | ||||||
25 | shall be subject to a civil penalty equal to the amount of |
| |||||||
| |||||||
1 | gross proceeds derived from those unlicensed games, as well as | ||||||
2 | confiscation and forfeiture of all charitable games equipment | ||||||
3 | used in the conduct of those unlicensed games. | ||||||
4 | (3) Any organization licensed to conduct charitable games | ||||||
5 | that allows any form of illegal gambling to be conducted on the | ||||||
6 | premises where charitable games are being conducted, in | ||||||
7 | addition to other penalties provided for in this Act, shall be | ||||||
8 | subject to a civil penalty equal to the amount of gross | ||||||
9 | proceeds derived on that day from charitable games and any | ||||||
10 | illegal game that may have been conducted, as well as | ||||||
11 | confiscation and forfeiture of all charitable games equipment | ||||||
12 | used in the conduct of any unlicensed or illegal games. | ||||||
13 | (4) Any person who violates any provision of this Act or | ||||||
14 | knowingly violates any rule of the Department for the | ||||||
15 | administration of this Act, in addition to other penalties | ||||||
16 | provided, shall be subject to a civil penalty not to exceed | ||||||
17 | $250 for each separate violation. | ||||||
18 | (5) No person shall sell, lease, or distribute for | ||||||
19 | compensation within this State, or possess with intent to sell, | ||||||
20 | lease, or distribute for compensation within this State, any | ||||||
21 | chips, representations of money, wheels, or any devices or | ||||||
22 | equipment designed for use or used in the play of charitable | ||||||
23 | games without first having obtained a license to do so from the | ||||||
24 | Department of Revenue. Any person that knowingly violates this | ||||||
25 | paragraph is guilty of a Class A misdemeanor, the fine for | ||||||
26 | which shall not exceed $50,000.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| ||||||
2 | Section 495. The Video Gaming
Act is amended by changing | ||||||
3 | Sections 35 and 45 as follows: | ||||||
4 | (230 ILCS 40/35)
| ||||||
5 | Sec. 35. Display of license; confiscation; violation as | ||||||
6 | felony. | ||||||
7 | (a) Each
video gaming terminal shall be licensed by the | ||||||
8 | Board before placement
or operation on the premises of a | ||||||
9 | licensed establishment, licensed truck stop
establishment, | ||||||
10 | licensed
fraternal establishment, or licensed veterans | ||||||
11 | establishment. The license of
each video gaming terminal shall | ||||||
12 | be maintained
at the location where the video gaming terminal | ||||||
13 | is operated. Failure to do so
is a petty offense with a fine
| ||||||
14 | not to exceed $100.
Any licensed establishment, licensed truck | ||||||
15 | stop establishment, licensed
fraternal establishment, or | ||||||
16 | licensed
veterans establishment
used for the conduct of | ||||||
17 | gambling games in violation of this Act shall be
considered a | ||||||
18 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
19 | Code of 2012 1961 . Every gambling device found in
a licensed | ||||||
20 | establishment, licensed truck stop establishment, licensed | ||||||
21 | fraternal
establishment, or licensed
veterans establishment | ||||||
22 | operating gambling games in violation of this
Act shall be | ||||||
23 | subject to seizure, confiscation, and destruction as provided
| ||||||
24 | in Section 28-5 of the Criminal Code of 2012 1961 .
Any license |
| |||||||
| |||||||
1 | issued under the Liquor Control Act
of 1934 to any owner or | ||||||
2 | operator of a licensed establishment, licensed truck
stop | ||||||
3 | establishment, licensed
fraternal establishment, or licensed | ||||||
4 | veterans establishment that operates or
permits the operation | ||||||
5 | of a video gaming terminal within its establishment in
| ||||||
6 | violation of this Act shall be immediately revoked.
No person | ||||||
7 | may own, operate, have in his or her possession or custody or | ||||||
8 | under
his or her control, or permit to be kept in any place | ||||||
9 | under his or her
possession or control, any
device that awards | ||||||
10 | credits and contains a circuit, meter, or switch capable of
| ||||||
11 | removing and recording the removal of credits when the award of | ||||||
12 | credits is
dependent upon chance. A violation of this Section | ||||||
13 | is a Class 4 felony. All
devices that are owned, operated, or | ||||||
14 | possessed in violation of this Section are
hereby declared to | ||||||
15 | be public nuisances and shall be subject to seizure,
| ||||||
16 | confiscation, and destruction as provided in Section 28-5 of | ||||||
17 | the Criminal Code
of 2012 1961 .
The provisions of this Section | ||||||
18 | do not apply to devices or electronic video
game terminals | ||||||
19 | licensed pursuant to this Act. A video gaming terminal operated | ||||||
20 | for amusement only and bearing a valid amusement tax sticker | ||||||
21 | shall not be subject to this Section until 30 days after the | ||||||
22 | Board establishes that the central communications system is | ||||||
23 | functional.
| ||||||
24 | (b) (1) The odds of winning each video game shall be posted | ||||||
25 | on or near each video gaming terminal. The manner in which the | ||||||
26 | odds are calculated and how they are posted shall be determined |
| |||||||
| |||||||
1 | by the Board by rule. | ||||||
2 | (2) No video gaming terminal licensed under this Act may be | ||||||
3 | played except during the legal hours of operation allowed for | ||||||
4 | the consumption of alcoholic beverages at the licensed | ||||||
5 | establishment, licensed fraternal establishment, or licensed | ||||||
6 | veterans establishment. A licensed establishment, licensed | ||||||
7 | fraternal establishment, or licensed veterans establishment | ||||||
8 | that violates this subsection is subject to termination of its | ||||||
9 | license by the Board. | ||||||
10 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
11 | 96-1410, eff. 7-30-10.)
| ||||||
12 | (230 ILCS 40/45)
| ||||||
13 | Sec. 45. Issuance of license.
| ||||||
14 | (a) The burden is upon each applicant to
demonstrate his | ||||||
15 | suitability for licensure. Each video gaming terminal
| ||||||
16 | manufacturer, distributor, supplier, operator, handler, | ||||||
17 | licensed establishment, licensed truck stop establishment, | ||||||
18 | licensed
fraternal
establishment, and licensed veterans | ||||||
19 | establishment shall be
licensed by the Board.
The Board may | ||||||
20 | issue or deny a license under this Act to any person pursuant | ||||||
21 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
22 | Gambling Act.
| ||||||
23 | (a-5) The Board shall not grant a license to a person who | ||||||
24 | has facilitated, enabled, or participated in the use of | ||||||
25 | coin-operated devices for gambling purposes or who is under the |
| |||||||
| |||||||
1 | significant influence or control of such a person. For the | ||||||
2 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
3 | the use of coin-operated amusement devices for gambling | ||||||
4 | purposes" means that the person has been convicted of any | ||||||
5 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 . If there is pending legal action against | ||||||
7 | a person for any such violation, then the Board shall delay the | ||||||
8 | licensure of that person until the legal action is resolved. | ||||||
9 | (b) Each person seeking and possessing a license as a video | ||||||
10 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
11 | handler, licensed establishment, licensed truck stop | ||||||
12 | establishment, licensed fraternal establishment, or licensed | ||||||
13 | veterans establishment shall submit to a background | ||||||
14 | investigation conducted by the Board with the assistance of the | ||||||
15 | State Police or other law enforcement. The background | ||||||
16 | investigation shall include each beneficiary of a trust, each | ||||||
17 | partner of a partnership, and each director and officer and all | ||||||
18 | stockholders of 5% or more in a parent or subsidiary | ||||||
19 | corporation of a video gaming terminal manufacturer, | ||||||
20 | distributor, supplier, operator, or licensed establishment, | ||||||
21 | licensed truck stop establishment, licensed fraternal | ||||||
22 | establishment, or licensed veterans establishment. | ||||||
23 | (c) Each person seeking and possessing a license as a video | ||||||
24 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
25 | handler, licensed establishment, licensed truck stop | ||||||
26 | establishment, licensed fraternal establishment, or licensed |
| |||||||
| |||||||
1 | veterans establishment shall disclose the identity of every | ||||||
2 | person, association, trust, corporation, or limited liability | ||||||
3 | company having a greater than 1% direct or indirect pecuniary | ||||||
4 | interest in the video gaming terminal operation for which the | ||||||
5 | license is sought. If the disclosed entity is a trust, the | ||||||
6 | application shall disclose the names and addresses of the | ||||||
7 | beneficiaries; if a corporation, the names and addresses of all | ||||||
8 | stockholders and directors; if a limited liability company, the | ||||||
9 | names and addresses of all members; or if a partnership, the | ||||||
10 | names and addresses of all partners, both general and limited. | ||||||
11 | (d) No person may be licensed as a video gaming terminal | ||||||
12 | manufacturer, distributor, supplier, operator, handler, | ||||||
13 | licensed establishment, licensed truck stop establishment, | ||||||
14 | licensed fraternal establishment, or licensed veterans | ||||||
15 | establishment if that person has been found by the Board to: | ||||||
16 | (1) have a background, including a criminal record, | ||||||
17 | reputation, habits, social or business associations, or | ||||||
18 | prior activities that pose a threat to the public interests | ||||||
19 | of the State or to the security and integrity of video | ||||||
20 | gaming; | ||||||
21 | (2) create or enhance the dangers of unsuitable, | ||||||
22 | unfair, or illegal practices, methods, and activities in | ||||||
23 | the conduct of video gaming; or | ||||||
24 | (3) present questionable business practices and | ||||||
25 | financial arrangements incidental to the conduct of video | ||||||
26 | gaming activities. |
| |||||||
| |||||||
1 | (e) Any applicant for any license under this Act has the | ||||||
2 | burden of proving his or her qualifications to the satisfaction | ||||||
3 | of the Board. The Board may adopt rules to establish additional | ||||||
4 | qualifications and requirements to preserve the integrity and | ||||||
5 | security of video gaming in this State. | ||||||
6 | (f) A non-refundable application fee shall be paid at the | ||||||
7 | time an
application for a license is filed with the Board in | ||||||
8 | the following amounts:
| ||||||
9 | (1) Manufacturer ..........................$5,000
| ||||||
10 | (2) Distributor ...........................$5,000
| ||||||
11 | (3) Terminal operator .....................$5,000
| ||||||
12 | (4) Supplier ..............................$2,500
| ||||||
13 | (5) Technician ..............................$100
| ||||||
14 | (6) Terminal Handler ..............................$50 | ||||||
15 | (g) The Board shall establish an
annual fee for each | ||||||
16 | license not to exceed the following: | ||||||
17 | (1) Manufacturer .........................$10,000
| ||||||
18 | (2) Distributor ..........................$10,000
| ||||||
19 | (3) Terminal operator .....................$5,000
| ||||||
20 | (4) Supplier ..............................$2,000
| ||||||
21 | (5) Technician ..............................$100
| ||||||
22 | (6) Licensed establishment, licensed truck stop
| ||||||
23 | establishment, licensed fraternal establishment,
| ||||||
24 | or licensed veterans establishment ..............$100
| ||||||
25 | (7) Video gaming terminal ...................$100
| ||||||
26 | (8) Terminal Handler ..............................$50
|
| |||||||
| |||||||
1 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
2 | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10.)
| ||||||
3 | Section 500. The Liquor Control Act of 1934 is amended by | ||||||
4 | changing Section 6-2 as follows:
| ||||||
5 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
6 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
7 | prohibited.
| ||||||
8 | (a) Except as otherwise provided in subsection (b) of this | ||||||
9 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
10 | no license
of any kind issued by the State Commission or any | ||||||
11 | local
commission shall be issued to:
| ||||||
12 | (1) A person who is not a resident of any city, village | ||||||
13 | or county in
which the premises covered by the license are | ||||||
14 | located; except in case of
railroad or boat licenses.
| ||||||
15 | (2) A person who is not of good character and | ||||||
16 | reputation in the
community in which he resides.
| ||||||
17 | (3) A person who is not a citizen of the United States.
| ||||||
18 | (4) A person who has been convicted of a felony under | ||||||
19 | any Federal or
State law, unless the Commission determines | ||||||
20 | that such
person has been sufficiently rehabilitated to | ||||||
21 | warrant the public trust
after considering matters set | ||||||
22 | forth in such person's application and the
Commission's | ||||||
23 | investigation. The burden of proof of sufficient
| ||||||
24 | rehabilitation shall be on the applicant.
|
| |||||||
| |||||||
1 | (5) A person who has been convicted of keeping a place | ||||||
2 | of prostitution or keeping a place of juvenile | ||||||
3 | prostitution, promoting prostitution that involves keeping | ||||||
4 | a place of prostitution, or promoting juvenile | ||||||
5 | prostitution that involves keeping a place of juvenile | ||||||
6 | prostitution.
| ||||||
7 | (6) A person who has been convicted of pandering or | ||||||
8 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
9 | (7) A person whose license issued under this Act has | ||||||
10 | been revoked for
cause.
| ||||||
11 | (8) A person who at the time of application for renewal | ||||||
12 | of any license
issued hereunder would not be eligible for | ||||||
13 | such license upon a first
application.
| ||||||
14 | (9) A copartnership, if any general partnership | ||||||
15 | thereof, or any
limited partnership thereof, owning more | ||||||
16 | than 5% of the aggregate limited
partner interest in such | ||||||
17 | copartnership would not be eligible to receive a
license | ||||||
18 | hereunder for any reason other than residence within the | ||||||
19 | political
subdivision, unless residency is required by | ||||||
20 | local ordinance.
| ||||||
21 | (10) A corporation or limited liability company, if any | ||||||
22 | member, officer, manager or director thereof, or
any | ||||||
23 | stockholder or stockholders owning in the aggregate more | ||||||
24 | than 5% of the
stock of such corporation, would not be | ||||||
25 | eligible to receive a license
hereunder for any reason | ||||||
26 | other than citizenship and residence within the
political |
| |||||||
| |||||||
1 | subdivision.
| ||||||
2 | (10a) A corporation or limited liability company | ||||||
3 | unless it is incorporated or organized in Illinois, or | ||||||
4 | unless it
is a foreign corporation or foreign limited | ||||||
5 | liability company which is qualified under the Business
| ||||||
6 | Corporation Act of 1983 or the Limited Liability Company | ||||||
7 | Act to transact business in Illinois. The Commission shall | ||||||
8 | permit and accept from an applicant for a license under | ||||||
9 | this Act proof prepared from the Secretary of State's | ||||||
10 | website that the corporation or limited liability company | ||||||
11 | is in good standing and is qualified under the Business
| ||||||
12 | Corporation Act of 1983 or the Limited Liability Company | ||||||
13 | Act to transact business in Illinois.
| ||||||
14 | (11) A person whose place of business is conducted by a | ||||||
15 | manager or agent
unless the manager or agent possesses the | ||||||
16 | same qualifications required by
the licensee.
| ||||||
17 | (12) A person who has been convicted of a violation of | ||||||
18 | any Federal or
State law concerning the manufacture, | ||||||
19 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
20 | passage of this Act or has forfeited his bond to
appear in | ||||||
21 | court to answer charges for any such violation.
| ||||||
22 | (13) A person who does not beneficially own the | ||||||
23 | premises for which a
license is sought, or does not have a | ||||||
24 | lease thereon for the full period for
which the license is | ||||||
25 | to be issued.
| ||||||
26 | (14) Any law enforcing public official, including |
| |||||||
| |||||||
1 | members
of local liquor control commissions,
any mayor, | ||||||
2 | alderman, or member of the
city council or commission, any | ||||||
3 | president of the village board of trustees,
any member of a | ||||||
4 | village board of trustees, or any president or member of a
| ||||||
5 | county board; and no such official shall have a direct | ||||||
6 | interest in the
manufacture, sale, or distribution of | ||||||
7 | alcoholic liquor, except that a
license
may be granted to | ||||||
8 | such official in relation to premises that are
not
located | ||||||
9 | within the territory subject to the jurisdiction of that | ||||||
10 | official
if the issuance of such license is approved by the | ||||||
11 | State Liquor Control
Commission
and except that a license | ||||||
12 | may be granted, in a city or village with a
population of | ||||||
13 | 50,000 or less, to any alderman, member of a city council, | ||||||
14 | or
member of a village board of trustees in relation to | ||||||
15 | premises that are located
within the territory
subject to | ||||||
16 | the jurisdiction of that official if (i) the sale of | ||||||
17 | alcoholic
liquor pursuant to the license is incidental to | ||||||
18 | the selling of food, (ii) the
issuance of the license is | ||||||
19 | approved by the State Commission, (iii) the
issuance of the | ||||||
20 | license is in accordance with all applicable local | ||||||
21 | ordinances
in effect where the premises are located, and | ||||||
22 | (iv) the official granted a
license does not vote on | ||||||
23 | alcoholic liquor issues pending before the board or
council | ||||||
24 | to which the license holder is elected. Notwithstanding any | ||||||
25 | provision of this paragraph (14) to the contrary, an | ||||||
26 | alderman or member of a city council or commission, a |
| |||||||
| |||||||
1 | member of a village board of trustees other than the | ||||||
2 | president of the village board of trustees, or a member of | ||||||
3 | a county board other than the president of a county board | ||||||
4 | may have a direct interest in the manufacture, sale, or | ||||||
5 | distribution of alcoholic liquor as long as he or she is | ||||||
6 | not a law enforcing public official, a mayor, a village | ||||||
7 | board president, or president of a county board. To prevent | ||||||
8 | any conflict of interest, the elected official with the | ||||||
9 | direct interest in the manufacture, sale, or distribution | ||||||
10 | of alcoholic liquor shall not participate in any meetings, | ||||||
11 | hearings, or decisions on matters impacting the | ||||||
12 | manufacture, sale, or distribution of alcoholic liquor. | ||||||
13 | Furthermore, the mayor of a city with a population of | ||||||
14 | 50,000 or less or the president of a village with a | ||||||
15 | population of 50,000 or less may have an interest in the | ||||||
16 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
17 | long as the council or board over which he or she presides | ||||||
18 | has made a local liquor control commissioner appointment | ||||||
19 | that complies with the requirements of Section 4-2 of this | ||||||
20 | Act.
| ||||||
21 | (15) A person who is not a beneficial owner of the | ||||||
22 | business to be
operated by the licensee.
| ||||||
23 | (16) A person who has been convicted of a gambling | ||||||
24 | offense as
proscribed by any of subsections (a) (3) through | ||||||
25 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
26 | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 , or as proscribed by a
statute
| ||||||
2 | replaced by any of the aforesaid statutory provisions.
| ||||||
3 | (17) A person or entity to whom a federal wagering | ||||||
4 | stamp has been
issued by the
federal government, unless the | ||||||
5 | person or entity is eligible to be issued a
license under | ||||||
6 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
7 | Act.
| ||||||
8 | (18) A person who intends to sell alcoholic liquors for | ||||||
9 | use or
consumption on his or her licensed retail premises | ||||||
10 | who does not have liquor
liability insurance coverage for | ||||||
11 | that premises in an amount that is at least
equal to the | ||||||
12 | maximum liability amounts set out in subsection (a) of | ||||||
13 | Section
6-21.
| ||||||
14 | (b) A criminal conviction of a corporation is not grounds | ||||||
15 | for the
denial, suspension, or revocation of a license applied | ||||||
16 | for or held by the
corporation if the criminal conviction was | ||||||
17 | not the result of a violation of any
federal or State law | ||||||
18 | concerning the manufacture, possession or sale of
alcoholic | ||||||
19 | liquor, the offense that led to the conviction did not result | ||||||
20 | in any
financial gain to the corporation and the corporation | ||||||
21 | has terminated its
relationship with each director, officer, | ||||||
22 | employee, or controlling shareholder
whose actions directly | ||||||
23 | contributed to the conviction of the corporation. The
| ||||||
24 | Commission shall determine if all provisions of this subsection | ||||||
25 | (b) have been
met before any action on the corporation's | ||||||
26 | license is initiated.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1059, eff. 8-24-12.)
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2 | Section 505. The Illinois Public Aid Code is amended by | ||||||
3 | changing Sections 2-18, 4-1.7, 8A-2, 10-5, and 12-4.25 as | ||||||
4 | follows: | ||||||
5 | (305 ILCS 5/2-18)
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6 | Sec. 2-18. Domestic or sexual violence. "Domestic or sexual | ||||||
7 | violence" means domestic violence, sexual assault, or | ||||||
8 | stalking. Domestic or sexual violence may occur through | ||||||
9 | electronic communication. | ||||||
10 | "Domestic violence" means "abuse" as defined in Section 103 | ||||||
11 | of the Illinois Domestic Violence Act of 1986 by a "family or | ||||||
12 | household member" as defined in Section 103 of the Illinois | ||||||
13 | Domestic Violence Act of 1986. | ||||||
14 | "Sexual assault" means any conduct proscribed by Sections | ||||||
15 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
16 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 . | ||||||
18 | "Stalking" means any conduct proscribed by Sections | ||||||
19 | 12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 . | ||||||
21 | "Electronic communication" includes communications via | ||||||
22 | telephone, mobile phone, computer, e-mail, video recorder, fax | ||||||
23 | machine, telex, or pager, or any other "electronic | ||||||
24 | communication" as defined in Section 12-7.5 of the Criminal |
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| |||||||
1 | Code of 2012 1961 .
| ||||||
2 | (Source: P.A. 96-866, eff. 7-1-10 .)
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3 | (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
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4 | Sec. 4-1.7. Enforcement of Parental Child Support | ||||||
5 | Obligation.
If the parent or parents of the child are failing | ||||||
6 | to meet or are delinquent
in their legal obligation to support | ||||||
7 | the child, the parent or other person
having custody of the | ||||||
8 | child or the Department of Healthcare and Family Services may
| ||||||
9 | request the law enforcement officer authorized or directed by | ||||||
10 | law to so act
to file action for the enforcement of such | ||||||
11 | remedies as the law provides for
the fulfillment of the child | ||||||
12 | support obligation.
| ||||||
13 | If a parent has a judicial remedy against the other parent | ||||||
14 | to compel child
support, or if, as the result of an action | ||||||
15 | initiated by or in behalf of one
parent against the other, a | ||||||
16 | child support order has been entered in respect to
which there | ||||||
17 | is noncompliance or delinquency, or where the order so entered | ||||||
18 | may
be changed upon petition to the court to provide additional | ||||||
19 | support, the parent
or other person having custody of the child | ||||||
20 | or the Department of Healthcare and Family Services may request | ||||||
21 | the appropriate law enforcement officer to seek
enforcement of | ||||||
22 | the remedy, or of the support order, or a change therein to
| ||||||
23 | provide additional support. If the law enforcement officer is | ||||||
24 | not authorized
by law to so act in these instances, the parent, | ||||||
25 | or if so authorized by law the
other person having custody of |
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1 | the child, or the Department of Healthcare and Family Services | ||||||
2 | may initiate an action to enforce these remedies.
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3 | A parent or other person having custody of the child must
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4 | comply with the requirements of Title IV of the federal Social
| ||||||
5 | Security Act, and the regulations duly promulgated thereunder,
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6 | and any rules promulgated by the Illinois Department regarding | ||||||
7 | enforcement
of the child support obligation. The
Department of | ||||||
8 | Healthcare and Family Services
and the Department of Human | ||||||
9 | Services may provide by rule for the
grant or continuation of | ||||||
10 | aid to the person for a temporary period if he
or she accepts | ||||||
11 | counseling or other services designed to increase his
or her | ||||||
12 | motivation to seek enforcement of the child support obligation.
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13 | In addition to any other definition of failure or refusal | ||||||
14 | to comply
with the requirements of Title IV of the federal | ||||||
15 | Social Security Act, or
Illinois Department rule, in
the case | ||||||
16 | of failure to attend court hearings, the parent or other person
| ||||||
17 | can show cooperation by attending a court hearing or, if a | ||||||
18 | court hearing
cannot be scheduled within 14 days following the | ||||||
19 | court hearing that was
missed, by signing a statement that the | ||||||
20 | parent or other person is now
willing to cooperate in the child | ||||||
21 | support enforcement process and will
appear at any later | ||||||
22 | scheduled court date. The parent or other person can
show | ||||||
23 | cooperation by signing such a statement only once. If failure | ||||||
24 | to
attend the court hearing or other failure to cooperate | ||||||
25 | results in the case
being dismissed, such a statement may be | ||||||
26 | signed after 2 months.
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1 | No denial or termination of medical assistance pursuant to | ||||||
2 | this Section
shall commence during pregnancy of the parent or | ||||||
3 | other person having custody
of the child or for 30 days after | ||||||
4 | the termination of such pregnancy. The
termination of medical | ||||||
5 | assistance may commence thereafter if the
Department of | ||||||
6 | Healthcare and Family Services determines that the failure or | ||||||
7 | refusal to comply
with this Section persists. Postponement of | ||||||
8 | denial or termination of medical
assistance during pregnancy | ||||||
9 | under this paragraph shall be effective only to
the extent it | ||||||
10 | does not conflict with federal law or regulation.
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11 | Any evidence a parent or other person having custody of the | ||||||
12 | child
gives in order to comply with the requirements of this | ||||||
13 | Section shall not
render him or her liable to prosecution under | ||||||
14 | Section 11-35 or 11-40 of the
" Criminal Code of 2012 1961", | ||||||
15 | approved July 28, 1961, as amended .
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16 | When so requested, the Department of Healthcare and Family | ||||||
17 | Services and the Department
of Human Services shall provide | ||||||
18 | such services and assistance as the law
enforcement officer may | ||||||
19 | require in connection with the filing of any action
hereunder.
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20 | The Department of Healthcare and Family Services and the | ||||||
21 | Department of Human Services, as an expense of administration, | ||||||
22 | may also provide applicants for and
recipients of aid with such | ||||||
23 | services and assistance, including assumption
of the | ||||||
24 | reasonable costs of prosecuting any action or proceeding, as | ||||||
25 | may be
necessary to enable them to enforce the child support | ||||||
26 | liability required
hereunder.
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1 | Nothing in this Section shall be construed as a requirement | ||||||
2 | that an
applicant or recipient file an action for dissolution | ||||||
3 | of marriage
against his or her spouse.
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4 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
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5 | (305 ILCS 5/8A-2) (from Ch. 23, par. 8A-2)
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6 | Sec. 8A-2. Recipient Fraud. (a) Any person, who by means of | ||||||
7 | any false
statement, willful misrepresentation or failure to | ||||||
8 | notify the county department
or the local governmental unit, as | ||||||
9 | the case may be, of a change in his status
as required by | ||||||
10 | Sections 11-18 and 11-19, or any person who knowingly causes
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11 | any applicant or recipient without knowledge to make such a | ||||||
12 | false statement
or willful misrepresentation, or by | ||||||
13 | withholding information causes the applicant
or recipient to | ||||||
14 | fail to notify the county department or local governmental
unit | ||||||
15 | as required, for the purpose of preventing the denial, | ||||||
16 | cancellation
or suspension of any grant, or a variation in the | ||||||
17 | amount thereof, or through
other fraudulent device obtains or | ||||||
18 | attempts to obtain, or aids or abets
any person in obtaining | ||||||
19 | public aid under this Code to which he is not entitled
is | ||||||
20 | guilty of a violation of this Article and shall be punished as | ||||||
21 | provided
in Section 8A-6.
| ||||||
22 | (b) If an applicant makes and subscribes an application | ||||||
23 | form under Section
11-15 which contains a written declaration | ||||||
24 | that it is made under penalties
of perjury, knowing it to be | ||||||
25 | false, incorrect or incomplete in respect
to any material |
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1 | statement or representation bearing on his eligibility,
income | ||||||
2 | or resources, the offender shall be subject to the penalties | ||||||
3 | for
perjury as provided in Section 32-2 of the " Criminal Code | ||||||
4 | of 2012 1961" .
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5 | (Source: P.A. 82-440.)
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6 | (305 ILCS 5/10-5) (from Ch. 23, par. 10-5)
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7 | Sec. 10-5. Declarations by Responsible Relatives-Penalty.
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8 | Information requested of responsible relatives shall be | ||||||
9 | submitted on
forms or questionnaires prescribed by the Illinois | ||||||
10 | Department or local
governmental units, as the case may be, and | ||||||
11 | shall contain a written
declaration to be signed by the | ||||||
12 | relative in substantially the following
form:
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13 | "I declare under penalties of perjury that I have | ||||||
14 | examined this form
(or questionnaire) and all accompanying | ||||||
15 | statements or documents pertaining
to my income, resources, or | ||||||
16 | any other matter having bearing upon my status
and ability to | ||||||
17 | provide support, and to the best of my knowledge and belief
the | ||||||
18 | information supplied is true, correct, and complete".
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19 | A person who makes and subscribes a form or questionnaire | ||||||
20 | which
contains, as hereinabove provided, a written declaration | ||||||
21 | that it is made
under the penalties of perjury, knowing it to | ||||||
22 | be false, incorrect or
incomplete, in respect to any material | ||||||
23 | statement or representation bearing
upon his status as a | ||||||
24 | responsible relative, or upon his income, resources,
or other | ||||||
25 | matter concerning his ability to provide support, shall be |
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1 | subject
to the penalties for perjury provided for in Section | ||||||
2 | 32-2 of the " Criminal
Code of 2012 1961", approved July 28, | ||||||
3 | 1961, as amended .
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4 | (Source: Laws 1967, p. 122.)
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5 | (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
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6 | Sec. 12-4.25. Medical assistance program; vendor | ||||||
7 | participation.
| ||||||
8 | (A) The Illinois Department may deny, suspend, or
terminate | ||||||
9 | the eligibility of any person, firm, corporation, association,
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10 | agency, institution or other legal entity to participate as a | ||||||
11 | vendor of
goods or services to recipients under the medical | ||||||
12 | assistance program
under Article V, or may exclude any such
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13 | person or entity from participation as such a vendor, and may
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14 | deny, suspend, or recover payments, if after reasonable notice | ||||||
15 | and opportunity for a
hearing the Illinois Department finds:
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16 | (a) Such vendor is not complying with the Department's | ||||||
17 | policy or
rules and regulations, or with the terms and | ||||||
18 | conditions prescribed by
the Illinois Department in its | ||||||
19 | vendor agreement, which document shall be
developed by the | ||||||
20 | Department as a result of negotiations with each vendor
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21 | category, including physicians, hospitals, long term care | ||||||
22 | facilities,
pharmacists, optometrists, podiatrists and | ||||||
23 | dentists setting forth the
terms and conditions applicable | ||||||
24 | to the participation of each vendor
group in the program; | ||||||
25 | or
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1 | (b) Such vendor has failed to keep or make available | ||||||
2 | for inspection,
audit or copying, after receiving a written | ||||||
3 | request from the Illinois
Department, such records | ||||||
4 | regarding payments claimed for providing
services. This | ||||||
5 | section does not require vendors to make available
patient | ||||||
6 | records of patients for whom services are not reimbursed | ||||||
7 | under
this Code; or
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8 | (c) Such vendor has failed to furnish any information | ||||||
9 | requested by
the Department regarding payments for | ||||||
10 | providing goods or services; or
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11 | (d) Such vendor has knowingly made, or caused to be | ||||||
12 | made, any false
statement or representation of a material | ||||||
13 | fact in connection with the
administration of the medical | ||||||
14 | assistance program; or
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15 | (e) Such vendor has furnished goods or services to a | ||||||
16 | recipient which
are (1) in excess of need, (2) harmful, or
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17 | (3) of grossly inferior quality, all of such determinations | ||||||
18 | to be based
upon competent medical judgment and | ||||||
19 | evaluations; or
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20 | (f) The vendor; a person with management | ||||||
21 | responsibility for a
vendor; an officer or person owning, | ||||||
22 | either directly or indirectly, 5%
or more of the shares of | ||||||
23 | stock or other evidences of ownership in a
corporate | ||||||
24 | vendor; an owner of a sole proprietorship which is a | ||||||
25 | vendor;
or a partner in a partnership which is a vendor, | ||||||
26 | either:
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1 | (1) was previously terminated, suspended, or | ||||||
2 | excluded from participation in the Illinois
medical | ||||||
3 | assistance program, or was terminated, suspended, or | ||||||
4 | excluded from participation in another state or | ||||||
5 | federal medical assistance or health care program; or
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6 | (2) was a person with management responsibility | ||||||
7 | for a vendor
previously terminated, suspended, or | ||||||
8 | excluded from participation in the Illinois medical | ||||||
9 | assistance
program, or terminated, suspended, or | ||||||
10 | excluded from participation in another state or | ||||||
11 | federal medical assistance or health care program
| ||||||
12 | during the time of conduct which was the basis for
that | ||||||
13 | vendor's termination, suspension, or exclusion; or
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14 | (3) was an officer, or person owning, either | ||||||
15 | directly or indirectly,
5% or more of the shares of | ||||||
16 | stock or other evidences of ownership in a corporate or | ||||||
17 | limited liability company vendor
previously | ||||||
18 | terminated, suspended, or excluded from participation | ||||||
19 | in the Illinois medical assistance
program, or | ||||||
20 | terminated, suspended, or excluded from participation | ||||||
21 | in a state or federal medical assistance or health care | ||||||
22 | program
during the time of conduct which
was the basis | ||||||
23 | for that vendor's termination, suspension, or | ||||||
24 | exclusion; or
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25 | (4) was an owner of a sole proprietorship or | ||||||
26 | partner of a
partnership previously terminated, |
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1 | suspended, or excluded
from participation in the | ||||||
2 | Illinois medical assistance program, or terminated, | ||||||
3 | suspended, or excluded from participation in a state or | ||||||
4 | federal medical assistance or health care program
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5 | during the time of conduct
which was the basis for that | ||||||
6 | vendor's termination, suspension, or exclusion; or
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7 | (f-1) Such vendor has a delinquent debt owed to the | ||||||
8 | Illinois Department; or
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9 | (g) The vendor; a person with management | ||||||
10 | responsibility for a
vendor; an officer or person owning, | ||||||
11 | either directly or indirectly, 5%
or more of the shares of | ||||||
12 | stock or other evidences of ownership in a
corporate or
| ||||||
13 | limited liability company vendor; an owner of a sole | ||||||
14 | proprietorship which is a vendor;
or a partner in a | ||||||
15 | partnership which is a vendor, either:
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16 | (1) has engaged in practices prohibited by | ||||||
17 | applicable federal or
State law or regulation; or
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18 | (2) was a person with management responsibility | ||||||
19 | for a vendor at the
time that such vendor engaged in | ||||||
20 | practices prohibited by applicable
federal or State | ||||||
21 | law or regulation; or
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22 | (3) was an officer, or person owning, either | ||||||
23 | directly or indirectly,
5% or more of the shares of | ||||||
24 | stock or other evidences of ownership in a
vendor at | ||||||
25 | the time such vendor engaged in practices prohibited by
| ||||||
26 | applicable federal or State law or regulation; or
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1 | (4) was an owner of a sole proprietorship or | ||||||
2 | partner of a
partnership which was a vendor at the time | ||||||
3 | such vendor engaged in
practices prohibited by | ||||||
4 | applicable federal or State law or regulation; or
| ||||||
5 | (h) The direct or indirect ownership of the vendor | ||||||
6 | (including the
ownership of a vendor that is a sole | ||||||
7 | proprietorship, a partner's interest in a
vendor that is a | ||||||
8 | partnership, or ownership of 5% or more of the shares of | ||||||
9 | stock
or other
evidences of ownership in a corporate | ||||||
10 | vendor) has been transferred by an
individual who is | ||||||
11 | terminated, suspended, or excluded or barred from | ||||||
12 | participating as a vendor to the
individual's spouse, | ||||||
13 | child, brother, sister, parent, grandparent, grandchild,
| ||||||
14 | uncle, aunt, niece, nephew, cousin, or relative by | ||||||
15 | marriage.
| ||||||
16 | (A-5) The Illinois Department may deny, suspend, or | ||||||
17 | terminate the
eligibility
of any person, firm, corporation, | ||||||
18 | association, agency, institution, or other
legal entity to | ||||||
19 | participate as a vendor of goods or services to recipients
| ||||||
20 | under the medical assistance program under Article V, or may
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21 | exclude any such person or entity from participation as such a
| ||||||
22 | vendor, if, after reasonable
notice and opportunity for a | ||||||
23 | hearing, the Illinois Department finds that the
vendor; a | ||||||
24 | person with management responsibility for a vendor; an officer | ||||||
25 | or
person owning, either directly or indirectly, 5% or more of | ||||||
26 | the shares of stock
or other evidences of ownership in a |
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1 | corporate vendor; an owner of a sole
proprietorship that is a | ||||||
2 | vendor; or a partner in a partnership that is a vendor
has been | ||||||
3 | convicted of an offense based on fraud or willful
| ||||||
4 | misrepresentation related to any of
the following:
| ||||||
5 | (1) The medical assistance program under Article V of | ||||||
6 | this Code.
| ||||||
7 | (2) A medical assistance or health care program in | ||||||
8 | another state.
| ||||||
9 | (3) The Medicare program under Title XVIII of the | ||||||
10 | Social Security Act.
| ||||||
11 | (4) The provision of health care services.
| ||||||
12 | (5) A violation of this Code, as provided in Article | ||||||
13 | VIIIA, or another state or federal medical assistance | ||||||
14 | program or health care program. | ||||||
15 | (A-10) The Illinois Department may deny, suspend, or | ||||||
16 | terminate the eligibility of any person, firm, corporation, | ||||||
17 | association, agency, institution, or other legal entity to | ||||||
18 | participate as a vendor of goods or services to recipients | ||||||
19 | under the medical assistance program under Article V, or may
| ||||||
20 | exclude any such person or entity from participation as such a
| ||||||
21 | vendor, if, after reasonable notice and opportunity for a | ||||||
22 | hearing, the Illinois Department finds that (i) the vendor, | ||||||
23 | (ii) a person with management responsibility for a vendor, | ||||||
24 | (iii) an officer or person owning, either directly or | ||||||
25 | indirectly, 5% or more of the shares of stock or other | ||||||
26 | evidences of ownership in a corporate vendor, (iv) an owner of |
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| |||||||
1 | a sole proprietorship that is a vendor, or (v) a partner in a | ||||||
2 | partnership that is a vendor has been convicted of an offense | ||||||
3 | related to any of the following:
| ||||||
4 | (1) Murder.
| ||||||
5 | (2) A Class X felony under the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 .
| ||||||
7 | (3) Sexual misconduct that may subject recipients to an | ||||||
8 | undue risk of harm. | ||||||
9 | (4) A criminal offense that may subject recipients to | ||||||
10 | an undue risk of harm. | ||||||
11 | (5) A crime of fraud or dishonesty. | ||||||
12 | (6) A crime involving a controlled substance. | ||||||
13 | (7) A misdemeanor relating to fraud, theft, | ||||||
14 | embezzlement, breach of fiduciary responsibility, or other | ||||||
15 | financial misconduct related to a health care program. | ||||||
16 | (A-15) The Illinois Department may deny the eligibility of | ||||||
17 | any person, firm, corporation, association, agency, | ||||||
18 | institution, or other legal entity to participate as a vendor | ||||||
19 | of goods or services to recipients under the medical assistance | ||||||
20 | program under Article V if, after reasonable notice and | ||||||
21 | opportunity for a hearing, the Illinois Department finds: | ||||||
22 | (1) The applicant or any person with management | ||||||
23 | responsibility for the applicant; an officer or member of | ||||||
24 | the board of directors of an applicant; an entity owning | ||||||
25 | (directly or indirectly) 5% or more of the shares of stock | ||||||
26 | or other evidences of ownership in a corporate vendor |
| |||||||
| |||||||
1 | applicant; an owner of a sole proprietorship applicant; a | ||||||
2 | partner in a partnership applicant; or a technical or other | ||||||
3 | advisor to an applicant has a debt owed to the Illinois | ||||||
4 | Department, and no payment arrangements acceptable to the | ||||||
5 | Illinois Department have been made by the applicant. | ||||||
6 | (2) The applicant or any person with management | ||||||
7 | responsibility for the applicant; an officer or member of | ||||||
8 | the board of directors of an applicant; an entity owning | ||||||
9 | (directly or indirectly) 5% or more of the shares of stock | ||||||
10 | or other evidences of ownership in a corporate vendor | ||||||
11 | applicant; an owner of a sole proprietorship applicant; a | ||||||
12 | partner in a partnership vendor applicant; or a technical | ||||||
13 | or other advisor to an applicant was (i) a person with | ||||||
14 | management responsibility, (ii) an officer or member of the | ||||||
15 | board of directors of an applicant, (iii) an entity owning | ||||||
16 | (directly or indirectly) 5% or more of the shares of stock | ||||||
17 | or other evidences of ownership in a corporate vendor, (iv) | ||||||
18 | an owner of a sole proprietorship, (v) a partner in a | ||||||
19 | partnership vendor, (vi) a technical or other advisor to a | ||||||
20 | vendor, during a period of time where the conduct of that | ||||||
21 | vendor resulted in a debt owed to the Illinois Department, | ||||||
22 | and no payment arrangements acceptable to the Illinois | ||||||
23 | Department have been made by that vendor. | ||||||
24 | (3) There is a credible allegation of the use, | ||||||
25 | transfer, or lease of assets of any kind to an applicant | ||||||
26 | from a current or prior vendor who has a debt owed to the |
| |||||||
| |||||||
1 | Illinois Department, no payment arrangements acceptable to | ||||||
2 | the Illinois Department have been made by that vendor or | ||||||
3 | the vendor's alternate payee, and the applicant knows or | ||||||
4 | should have known of such debt. | ||||||
5 | (4) There is a credible allegation of a transfer of | ||||||
6 | management responsibilities, or direct or indirect | ||||||
7 | ownership, to an applicant from a current or prior vendor | ||||||
8 | who has a debt owed to the Illinois Department, and no | ||||||
9 | payment arrangements acceptable to the Illinois Department | ||||||
10 | have been made by that vendor or the vendor's alternate | ||||||
11 | payee, and the applicant knows or should have known of such | ||||||
12 | debt. | ||||||
13 | (5) There is a credible allegation of the use, | ||||||
14 | transfer, or lease of assets of any kind to an applicant | ||||||
15 | who is a spouse, child, brother, sister, parent, | ||||||
16 | grandparent, grandchild, uncle, aunt, niece, relative by | ||||||
17 | marriage, nephew, cousin, or relative of a current or prior | ||||||
18 | vendor who has a debt owed to the Illinois Department and | ||||||
19 | no payment arrangements acceptable to the Illinois | ||||||
20 | Department have been made. | ||||||
21 | (6) There is a credible allegation that the applicant's | ||||||
22 | previous affiliations with a provider of medical services | ||||||
23 | that has an uncollected debt, a provider that has been or | ||||||
24 | is subject to a payment suspension under a federal health | ||||||
25 | care program, or a provider that has been previously | ||||||
26 | excluded from participation in the medical assistance |
| |||||||
| |||||||
1 | program, poses a risk of fraud, waste, or abuse to the | ||||||
2 | Illinois Department. | ||||||
3 | As used in this subsection, "credible allegation" is | ||||||
4 | defined to include an allegation from any source, including, | ||||||
5 | but not limited to, fraud hotline complaints, claims data | ||||||
6 | mining, patterns identified through provider audits, civil | ||||||
7 | actions filed under the Illinois False Claims Act, and law | ||||||
8 | enforcement investigations. An allegation is considered to be | ||||||
9 | credible when it has indicia of reliability. | ||||||
10 | (B) The Illinois Department shall deny, suspend or | ||||||
11 | terminate the
eligibility of any person, firm, corporation, | ||||||
12 | association, agency,
institution or other legal entity to | ||||||
13 | participate as a vendor of goods or
services to recipients | ||||||
14 | under the medical assistance program under
Article V, or may
| ||||||
15 | exclude any such person or entity from participation as such a
| ||||||
16 | vendor:
| ||||||
17 | (1) immediately, if such vendor is not properly | ||||||
18 | licensed, certified, or authorized;
| ||||||
19 | (2) within 30 days of the date when such vendor's | ||||||
20 | professional
license, certification or other authorization | ||||||
21 | has been refused renewal, restricted,
revoked, suspended, | ||||||
22 | or otherwise terminated; or
| ||||||
23 | (3) if such vendor has been convicted of a violation of | ||||||
24 | this Code, as
provided in Article VIIIA.
| ||||||
25 | (C) Upon termination, suspension, or exclusion of a vendor | ||||||
26 | of goods or services from
participation in the medical |
| |||||||
| |||||||
1 | assistance program authorized by this
Article, a person with | ||||||
2 | management responsibility for such vendor during
the time of | ||||||
3 | any conduct which served as the basis for that vendor's
| ||||||
4 | termination, suspension, or exclusion is barred from | ||||||
5 | participation in the medical assistance
program.
| ||||||
6 | Upon termination, suspension, or exclusion of a corporate | ||||||
7 | vendor, the officers and persons
owning, directly or | ||||||
8 | indirectly, 5% or more of the shares of stock or
other | ||||||
9 | evidences of ownership in the vendor during the time of any
| ||||||
10 | conduct which served as the basis for that vendor's | ||||||
11 | termination, suspension, or exclusion are
barred from | ||||||
12 | participation in the medical assistance program. A person who
| ||||||
13 | owns, directly or indirectly, 5% or more of the shares of stock | ||||||
14 | or other
evidences of ownership in a terminated, suspended, or | ||||||
15 | excluded vendor may not transfer his or
her ownership interest | ||||||
16 | in that vendor to his or her spouse, child, brother,
sister, | ||||||
17 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
18 | cousin, or
relative by marriage.
| ||||||
19 | Upon termination, suspension, or exclusion of a sole | ||||||
20 | proprietorship or partnership, the owner
or partners during the | ||||||
21 | time of any conduct which served as the basis for
that vendor's | ||||||
22 | termination, suspension, or exclusion are barred from | ||||||
23 | participation in the medical
assistance program. The owner of a | ||||||
24 | terminated, suspended, or excluded vendor that is a sole
| ||||||
25 | proprietorship, and a partner in a terminated, suspended, or | ||||||
26 | excluded vendor that is a partnership, may
not transfer his or |
| |||||||
| |||||||
1 | her ownership or partnership interest in that vendor to his
or | ||||||
2 | her spouse, child, brother, sister, parent, grandparent, | ||||||
3 | grandchild, uncle,
aunt, niece, nephew, cousin, or relative by | ||||||
4 | marriage.
| ||||||
5 | A person who owns, directly or indirectly, 5% or more of | ||||||
6 | the shares of stock or other evidences of ownership in a | ||||||
7 | corporate or limited liability company vendor who owes a debt | ||||||
8 | to the Department, if that vendor has not made payment | ||||||
9 | arrangements acceptable to the Department, shall not transfer | ||||||
10 | his or her ownership interest in that vendor, or vendor assets | ||||||
11 | of any kind, to his or her spouse, child, brother, sister, | ||||||
12 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
13 | cousin, or relative by marriage. | ||||||
14 | Rules adopted by the Illinois Department to implement these
| ||||||
15 | provisions shall specifically include a definition of the term
| ||||||
16 | "management responsibility" as used in this Section. Such | ||||||
17 | definition
shall include, but not be limited to, typical job | ||||||
18 | titles, and duties and
descriptions which will be considered as | ||||||
19 | within the definition of
individuals with management | ||||||
20 | responsibility for a provider.
| ||||||
21 | A vendor or a prior vendor who has been terminated, | ||||||
22 | excluded, or suspended from the medical assistance program, or | ||||||
23 | from another state or federal medical assistance or health care | ||||||
24 | program, and any individual currently or previously barred from | ||||||
25 | the medical assistance program, or from another state or | ||||||
26 | federal medical assistance or health care program, as a result |
| |||||||
| |||||||
1 | of being an officer or a person owning, directly or indirectly, | ||||||
2 | 5% or more of the shares of stock or other evidences of | ||||||
3 | ownership in a corporate or limited liability company vendor | ||||||
4 | during the time of any conduct which served as the basis for | ||||||
5 | that vendor's termination, suspension, or exclusion, may be | ||||||
6 | required to post a surety bond as part of a condition of | ||||||
7 | enrollment or participation in the medical assistance program. | ||||||
8 | The Illinois Department shall establish, by rule, the criteria | ||||||
9 | and requirements for determining when a surety bond must be | ||||||
10 | posted and the value of the bond. | ||||||
11 | A vendor or a prior vendor who has a debt owed to the | ||||||
12 | Illinois Department and any individual currently or previously | ||||||
13 | barred from the medical assistance program, or from another | ||||||
14 | state or federal medical assistance or health care program, as | ||||||
15 | a result of being an officer or a person owning, directly or | ||||||
16 | indirectly, 5% or more of the shares of stock or other | ||||||
17 | evidences of ownership in that corporate or limited liability | ||||||
18 | company vendor during the time of any conduct which served as | ||||||
19 | the basis for the debt, may be required to post a surety bond | ||||||
20 | as part of a condition of enrollment or participation in the | ||||||
21 | medical assistance program. The Illinois Department shall | ||||||
22 | establish, by rule, the criteria and requirements for | ||||||
23 | determining when a surety bond must be posted and the value of | ||||||
24 | the bond. | ||||||
25 | (D) If a vendor has been suspended from the medical | ||||||
26 | assistance
program under Article V of the Code, the Director |
| |||||||
| |||||||
1 | may require that such
vendor correct any deficiencies which | ||||||
2 | served as the basis for the
suspension. The Director shall | ||||||
3 | specify in the suspension order a specific
period of time, | ||||||
4 | which shall not exceed one year from the date of the
order, | ||||||
5 | during which a suspended vendor shall not be eligible to
| ||||||
6 | participate. At the conclusion of the period of suspension the | ||||||
7 | Director
shall reinstate such vendor, unless he finds that such | ||||||
8 | vendor has not
corrected deficiencies upon which the suspension | ||||||
9 | was based.
| ||||||
10 | If a vendor has been terminated, suspended, or excluded | ||||||
11 | from the medical assistance program
under Article V, such | ||||||
12 | vendor shall be barred from participation for at
least one | ||||||
13 | year, except that if a vendor has been terminated, suspended, | ||||||
14 | or excluded based on a
conviction of a
violation of Article | ||||||
15 | VIIIA or a conviction of a felony based on fraud or a
willful | ||||||
16 | misrepresentation related to (i) the medical assistance | ||||||
17 | program under
Article V, (ii) a federal or another state's | ||||||
18 | medical assistance or health care program, or (iii) the | ||||||
19 | provision of health care services, then
the vendor shall be | ||||||
20 | barred from participation for 5 years or for the length of
the | ||||||
21 | vendor's sentence for that conviction, whichever is longer. At | ||||||
22 | the end of
one year a vendor who has been terminated, | ||||||
23 | suspended, or excluded
may apply for reinstatement to the | ||||||
24 | program. Upon proper application to
be reinstated such vendor | ||||||
25 | may be deemed eligible by the Director
providing that such | ||||||
26 | vendor meets the requirements for eligibility under
this Code. |
| |||||||
| |||||||
1 | If such vendor is deemed not eligible for
reinstatement, he
| ||||||
2 | shall be barred from again applying for reinstatement for one | ||||||
3 | year from the
date his application for reinstatement is denied.
| ||||||
4 | A vendor whose termination, suspension, or exclusion from | ||||||
5 | participation in the Illinois medical
assistance program under | ||||||
6 | Article V was based solely on an action by a
governmental | ||||||
7 | entity other than the Illinois Department may, upon | ||||||
8 | reinstatement
by that governmental entity or upon reversal of | ||||||
9 | the termination, suspension, or exclusion, apply for
| ||||||
10 | rescission of the termination, suspension, or exclusion from | ||||||
11 | participation in the Illinois medical
assistance program. Upon | ||||||
12 | proper application for rescission, the vendor may be
deemed | ||||||
13 | eligible by the Director if the vendor meets the requirements | ||||||
14 | for
eligibility under this Code.
| ||||||
15 | If a vendor has been terminated, suspended, or excluded and | ||||||
16 | reinstated to the medical assistance
program under Article V | ||||||
17 | and the vendor is terminated, suspended, or excluded a second | ||||||
18 | or subsequent
time from the medical assistance program, the | ||||||
19 | vendor shall be barred from
participation for at least 2 years, | ||||||
20 | except that if a vendor has been
terminated, suspended, or | ||||||
21 | excluded a second time based on a
conviction of a violation of | ||||||
22 | Article VIIIA or a conviction of a felony based on
fraud or a | ||||||
23 | willful misrepresentation related to (i) the medical | ||||||
24 | assistance
program under Article V, (ii) a federal or another | ||||||
25 | state's medical assistance or health care program, or (iii) the | ||||||
26 | provision of health care
services, then the vendor shall be |
| |||||||
| |||||||
1 | barred from participation for life. At
the end of 2 years, a | ||||||
2 | vendor who has
been terminated, suspended, or excluded may | ||||||
3 | apply for reinstatement to the program. Upon application
to be | ||||||
4 | reinstated, the vendor may be deemed eligible if the vendor | ||||||
5 | meets the
requirements for eligibility under this Code. If the | ||||||
6 | vendor is deemed not
eligible for reinstatement, the vendor | ||||||
7 | shall be barred from again applying for
reinstatement for 2 | ||||||
8 | years from the date the vendor's application for
reinstatement | ||||||
9 | is denied.
| ||||||
10 | (E) The Illinois Department may recover money improperly or
| ||||||
11 | erroneously paid, or overpayments, either by setoff, crediting | ||||||
12 | against
future billings or by requiring direct repayment to the | ||||||
13 | Illinois
Department. The Illinois Department may suspend or | ||||||
14 | deny payment, in whole or in part, if such payment would be | ||||||
15 | improper or erroneous or would otherwise result in overpayment. | ||||||
16 | (1) Payments may be suspended, denied, or recovered | ||||||
17 | from a vendor or alternate payee: (i) for services rendered | ||||||
18 | in violation of the Illinois Department's provider | ||||||
19 | notices, statutes, rules, and regulations; (ii) for | ||||||
20 | services rendered in violation of the terms and conditions | ||||||
21 | prescribed by the Illinois Department in its vendor | ||||||
22 | agreement; (iii) for any vendor who fails to grant the | ||||||
23 | Office of Inspector General timely access to full and | ||||||
24 | complete records, including, but not limited to, records | ||||||
25 | relating to recipients under the medical assistance | ||||||
26 | program for the most recent 6 years, in accordance with |
| |||||||
| |||||||
1 | Section 140.28 of Title 89 of the Illinois Administrative | ||||||
2 | Code, and other information for the purpose of audits, | ||||||
3 | investigations, or other program integrity functions, | ||||||
4 | after reasonable written request by the Inspector General; | ||||||
5 | this subsection (E) does not require vendors to make | ||||||
6 | available the medical records of patients for whom services | ||||||
7 | are not reimbursed under this Code or to provide access to | ||||||
8 | medical records more than 6 years old; (iv) when the vendor | ||||||
9 | has knowingly made, or caused to be made, any false | ||||||
10 | statement or representation of a material fact in | ||||||
11 | connection with the administration of the medical | ||||||
12 | assistance program; or (v) when the vendor previously | ||||||
13 | rendered services while terminated, suspended, or excluded | ||||||
14 | from participation in the medical assistance program or | ||||||
15 | while terminated or excluded from participation in another | ||||||
16 | state or federal medical assistance or health care program. | ||||||
17 | (2) Notwithstanding any other provision of law, if a | ||||||
18 | vendor has the same taxpayer identification number | ||||||
19 | (assigned under Section 6109 of the Internal Revenue Code | ||||||
20 | of 1986) as is assigned to a vendor with past-due financial | ||||||
21 | obligations to the Illinois Department, the Illinois | ||||||
22 | Department may make any necessary adjustments to payments | ||||||
23 | to that vendor in order to satisfy any past-due | ||||||
24 | obligations, regardless of whether the vendor is assigned a | ||||||
25 | different billing number under the medical assistance | ||||||
26 | program.
|
| |||||||
| |||||||
1 | If the Illinois Department establishes through an | ||||||
2 | administrative
hearing that the overpayments resulted from the | ||||||
3 | vendor
or alternate payee knowingly making, using, or causing | ||||||
4 | to be made or used, a false record or statement to obtain | ||||||
5 | payment or other benefit from the medical assistance program | ||||||
6 | under Article V, the Department may
recover interest on the | ||||||
7 | amount of the payment or other benefit at the rate of 5% per | ||||||
8 | annum.
In addition to any other penalties that may be | ||||||
9 | prescribed by law, such a vendor or alternate payee shall be | ||||||
10 | subject to civil penalties consisting of an amount not to | ||||||
11 | exceed 3 times the amount of payment or other benefit resulting | ||||||
12 | from each such false record or statement, and the sum of $2,000 | ||||||
13 | for each such false record or statement for payment or other | ||||||
14 | benefit. For purposes of this paragraph,
"knowingly" means that | ||||||
15 | a vendor or alternate payee with respect to information: (i) | ||||||
16 | has
actual knowledge of the information, (ii) acts in | ||||||
17 | deliberate ignorance of the truth or falsity of the | ||||||
18 | information, or (iii) acts in reckless disregard of the truth | ||||||
19 | or falsity of the information. No proof of specific intent to | ||||||
20 | defraud is required.
| ||||||
21 | (F) The Illinois Department may withhold payments to any | ||||||
22 | vendor
or alternate payee prior to or during the pendency of | ||||||
23 | any audit or proceeding under this Section, and through the | ||||||
24 | pendency of any administrative appeal or administrative review | ||||||
25 | by any court proceeding. The Illinois Department shall
state by | ||||||
26 | rule with as much specificity as practicable the conditions
|
| |||||||
| |||||||
1 | under which payments will not be withheld under this Section. | ||||||
2 | Payments may be denied for bills
submitted with service dates | ||||||
3 | occurring during the pendency of a
proceeding, after a final | ||||||
4 | decision has been rendered, or after the conclusion of any | ||||||
5 | administrative appeal, where the final administrative decision | ||||||
6 | is to terminate, exclude, or suspend
eligibility to participate | ||||||
7 | in the medical assistance program. The
Illinois Department | ||||||
8 | shall state by rule with as much specificity as
practicable the | ||||||
9 | conditions under which payments will not be denied for
such | ||||||
10 | bills.
The Illinois
Department shall state by rule a process | ||||||
11 | and criteria by
which a vendor or alternate payee may request | ||||||
12 | full or partial release of payments withheld under
this | ||||||
13 | subsection. The Department must complete a proceeding under | ||||||
14 | this Section
in a timely manner.
| ||||||
15 | Notwithstanding recovery allowed under subsection (E) or | ||||||
16 | this subsection (F), the Illinois Department may withhold | ||||||
17 | payments to any vendor or alternate payee who is not properly | ||||||
18 | licensed, certified, or in compliance with State or federal | ||||||
19 | agency regulations. Payments may be denied for bills submitted | ||||||
20 | with service dates occurring during the period of time that a | ||||||
21 | vendor is not properly licensed, certified, or in compliance | ||||||
22 | with State or federal regulations. Facilities licensed under
| ||||||
23 | the Nursing Home Care Act shall have payments denied or
| ||||||
24 | withheld pursuant to subsection (I) of this Section. | ||||||
25 | (F-5) The Illinois Department may temporarily withhold | ||||||
26 | payments to
a vendor or alternate payee if any of the following |
| |||||||
| |||||||
1 | individuals have been indicted or
otherwise charged under a law | ||||||
2 | of the United States or this or any other state
with an offense | ||||||
3 | that is based on alleged fraud or willful
misrepresentation on | ||||||
4 | the part of the individual related to (i) the medical
| ||||||
5 | assistance program under Article V of this Code, (ii) a federal | ||||||
6 | or another state's medical assistance
or health care program, | ||||||
7 | or (iii) the provision of health care services:
| ||||||
8 | (1) If the vendor or alternate payee is a corporation: | ||||||
9 | an officer of the corporation
or an individual who owns, | ||||||
10 | either directly or indirectly, 5% or more
of the shares of | ||||||
11 | stock or other evidence of ownership of the
corporation.
| ||||||
12 | (2) If the vendor is a sole proprietorship: the owner | ||||||
13 | of the sole
proprietorship.
| ||||||
14 | (3) If the vendor or alternate payee is a partnership: | ||||||
15 | a partner in the partnership.
| ||||||
16 | (4) If the vendor or alternate payee is any other | ||||||
17 | business entity authorized by law
to transact business in | ||||||
18 | this State: an officer of the entity or an
individual who | ||||||
19 | owns, either directly or indirectly, 5% or more of the
| ||||||
20 | evidences of ownership of the entity.
| ||||||
21 | If the Illinois Department withholds payments to a vendor | ||||||
22 | or alternate payee under this
subsection, the Department shall | ||||||
23 | not release those payments to the vendor
or alternate payee
| ||||||
24 | while any criminal proceeding related to the indictment or | ||||||
25 | charge is pending
unless the Department determines that there | ||||||
26 | is good cause to release the
payments before completion of the |
| |||||||
| |||||||
1 | proceeding. If the indictment or charge
results in the | ||||||
2 | individual's conviction, the Illinois Department shall retain
| ||||||
3 | all withheld
payments, which shall be considered forfeited to | ||||||
4 | the Department. If the
indictment or charge does not result in | ||||||
5 | the individual's conviction, the
Illinois Department
shall | ||||||
6 | release to the vendor or alternate payee all withheld payments.
| ||||||
7 | (F-10) If the Illinois Department establishes that the | ||||||
8 | vendor or alternate payee owes a debt to the Illinois | ||||||
9 | Department, and the vendor or alternate payee subsequently | ||||||
10 | fails to pay or make satisfactory payment arrangements with the | ||||||
11 | Illinois Department for the debt owed, the Illinois Department | ||||||
12 | may seek all remedies available under the law of this State to | ||||||
13 | recover the debt, including, but not limited to, wage | ||||||
14 | garnishment or the filing of claims or liens against the vendor | ||||||
15 | or alternate payee. | ||||||
16 | (F-15) Enforcement of judgment. | ||||||
17 | (1) Any fine, recovery amount, other sanction, or costs | ||||||
18 | imposed, or part of any fine, recovery amount, other | ||||||
19 | sanction, or cost imposed, remaining unpaid after the | ||||||
20 | exhaustion of or the failure to exhaust judicial review | ||||||
21 | procedures under the Illinois Administrative Review Law is | ||||||
22 | a debt due and owing the State and may be collected using | ||||||
23 | all remedies available under the law. | ||||||
24 | (2) After expiration of the period in which judicial | ||||||
25 | review under the Illinois Administrative Review Law may be | ||||||
26 | sought for a final administrative decision, unless stayed |
| |||||||
| |||||||
1 | by a court of competent jurisdiction, the findings, | ||||||
2 | decision, and order of the Director may be enforced in the | ||||||
3 | same manner as a judgment entered by a court of competent | ||||||
4 | jurisdiction. | ||||||
5 | (3) In any case in which any person or entity has | ||||||
6 | failed to comply with a judgment ordering or imposing any | ||||||
7 | fine or other sanction, any expenses incurred by the | ||||||
8 | Illinois Department to enforce the judgment, including, | ||||||
9 | but not limited to, attorney's fees, court costs, and costs | ||||||
10 | related to property demolition or foreclosure, after they | ||||||
11 | are fixed by a court of competent jurisdiction or the | ||||||
12 | Director, shall be a debt due and owing the State and may | ||||||
13 | be collected in accordance with applicable law. Prior to | ||||||
14 | any expenses being fixed by a final administrative decision | ||||||
15 | pursuant to this subsection (F-15), the Illinois | ||||||
16 | Department shall provide notice to the individual or entity | ||||||
17 | that states that the individual or entity shall appear at a | ||||||
18 | hearing before the administrative hearing officer to | ||||||
19 | determine whether the individual or entity has failed to | ||||||
20 | comply with the judgment. The notice shall set the date for | ||||||
21 | such a hearing, which shall not be less than 7 days from | ||||||
22 | the date that notice is served. If notice is served by | ||||||
23 | mail, the 7-day period shall begin to run on the date that | ||||||
24 | the notice was deposited in the mail. | ||||||
25 | (4) Upon being recorded in the manner required by | ||||||
26 | Article XII of the Code of Civil Procedure or by the |
| |||||||
| |||||||
1 | Uniform Commercial Code, a lien shall be imposed on the | ||||||
2 | real estate or personal estate, or both, of the individual | ||||||
3 | or entity in the amount of any debt due and owing the State | ||||||
4 | under this Section. The lien may be enforced in the same | ||||||
5 | manner as a judgment of a court of competent jurisdiction. | ||||||
6 | A lien shall attach to all property and assets of such | ||||||
7 | person, firm, corporation, association, agency, | ||||||
8 | institution, or other legal entity until the judgment is | ||||||
9 | satisfied. | ||||||
10 | (5) The Director may set aside any judgment entered by
| ||||||
11 | default and set a new hearing date upon a petition filed at
| ||||||
12 | any time (i) if the petitioner's failure to appear at the
| ||||||
13 | hearing was for good cause, or (ii) if the petitioner
| ||||||
14 | established that the Department did not provide proper
| ||||||
15 | service of process. If any judgment is set aside pursuant
| ||||||
16 | to this paragraph (5), the hearing officer shall have
| ||||||
17 | authority to enter an order extinguishing any lien which
| ||||||
18 | has been recorded for any debt due and owing the Illinois
| ||||||
19 | Department as a result of the vacated default judgment. | ||||||
20 | (G) The provisions of the Administrative Review Law, as now | ||||||
21 | or hereafter
amended, and the rules adopted pursuant
thereto, | ||||||
22 | shall apply to and govern all proceedings for the judicial
| ||||||
23 | review of final administrative decisions of the Illinois | ||||||
24 | Department
under this Section. The term "administrative | ||||||
25 | decision" is defined as in
Section 3-101 of the Code of Civil | ||||||
26 | Procedure.
|
| |||||||
| |||||||
1 | (G-5) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
2 | harm.
| ||||||
3 | (1) Notwithstanding any other provision in this | ||||||
4 | Section, the Department may terminate, suspend, or exclude | ||||||
5 | vendors who pose a risk of fraud, waste, abuse, or harm | ||||||
6 | from
participation in the medical assistance program prior
| ||||||
7 | to an evidentiary hearing but after reasonable notice and | ||||||
8 | opportunity to
respond as established by the Department by | ||||||
9 | rule.
| ||||||
10 | (2) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
11 | harm shall submit to a fingerprint-based criminal
| ||||||
12 | background check on current and future information | ||||||
13 | available in the State
system and current information | ||||||
14 | available through the Federal Bureau of
Investigation's | ||||||
15 | system by submitting all necessary fees and information in | ||||||
16 | the
form and manner
prescribed by the Department of State | ||||||
17 | Police. The following individuals shall
be subject to the | ||||||
18 | check:
| ||||||
19 | (A) In the case of a vendor that is a corporation, | ||||||
20 | every shareholder
who owns, directly or indirectly, 5% | ||||||
21 | or more of the outstanding shares of
the corporation.
| ||||||
22 | (B) In the case of a vendor that is a partnership, | ||||||
23 | every partner.
| ||||||
24 | (C) In the case of a vendor that is a sole | ||||||
25 | proprietorship, the sole
proprietor.
| ||||||
26 | (D) Each officer or manager of the vendor.
|
| |||||||
| |||||||
1 | Each such vendor shall be responsible for payment of | ||||||
2 | the cost of the
criminal background check.
| ||||||
3 | (3) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
4 | harm may be
required to post a surety bond. The Department | ||||||
5 | shall establish, by rule, the
criteria and requirements for | ||||||
6 | determining when a surety bond must be posted and
the value | ||||||
7 | of the bond.
| ||||||
8 | (4) The Department, or its agents, may refuse to accept | ||||||
9 | requests for authorization from specific vendors who pose a | ||||||
10 | risk of fraud, waste, abuse, or harm, including | ||||||
11 | prior-approval and
post-approval requests, if:
| ||||||
12 | (A) the Department has initiated a notice of | ||||||
13 | termination, suspension, or exclusion of the
vendor | ||||||
14 | from participation in the medical assistance program; | ||||||
15 | or
| ||||||
16 | (B) the Department has issued notification of its | ||||||
17 | withholding of
payments pursuant to subsection (F-5) | ||||||
18 | of this Section; or
| ||||||
19 | (C) the Department has issued a notification of its | ||||||
20 | withholding of
payments due to reliable evidence of | ||||||
21 | fraud or willful misrepresentation
pending | ||||||
22 | investigation.
| ||||||
23 | (5) As used in this subsection, the following terms are | ||||||
24 | defined as follows: | ||||||
25 | (A) "Fraud" means an intentional deception or | ||||||
26 | misrepresentation made by a person with the knowledge |
| |||||||
| |||||||
1 | that the deception could result in some unauthorized | ||||||
2 | benefit to himself or herself or some other person. It | ||||||
3 | includes any act that constitutes fraud under | ||||||
4 | applicable federal or State law. | ||||||
5 | (B) "Abuse" means provider practices that are | ||||||
6 | inconsistent with sound fiscal, business, or medical | ||||||
7 | practices and that result in an unnecessary cost to the | ||||||
8 | medical assistance program or in reimbursement for | ||||||
9 | services that are not medically necessary or that fail | ||||||
10 | to meet professionally recognized standards for health | ||||||
11 | care. It also includes recipient practices that result | ||||||
12 | in unnecessary cost to the medical assistance program. | ||||||
13 | Abuse does not include diagnostic or therapeutic | ||||||
14 | measures conducted primarily as a safeguard against | ||||||
15 | possible vendor liability. | ||||||
16 | (C) "Waste" means the unintentional misuse of | ||||||
17 | medical assistance resources, resulting in unnecessary | ||||||
18 | cost to the medical assistance program. Waste does not | ||||||
19 | include diagnostic or therapeutic measures conducted | ||||||
20 | primarily as a safeguard against possible vendor | ||||||
21 | liability. | ||||||
22 | (D) "Harm" means physical, mental, or monetary | ||||||
23 | damage to recipients or to the medical assistance | ||||||
24 | program. | ||||||
25 | (G-6) The Illinois Department, upon making a determination | ||||||
26 | based upon information in the possession of the Illinois |
| |||||||
| |||||||
1 | Department that continuation of participation in the medical | ||||||
2 | assistance program by a vendor would constitute an immediate | ||||||
3 | danger to the public, may immediately suspend such vendor's | ||||||
4 | participation in the medical assistance program without a | ||||||
5 | hearing. In instances in which the Illinois Department | ||||||
6 | immediately suspends the medical assistance program | ||||||
7 | participation of a vendor under this Section, a hearing upon | ||||||
8 | the vendor's participation must be convened by the Illinois | ||||||
9 | Department within 15 days after such suspension and completed | ||||||
10 | without appreciable delay. Such hearing shall be held to | ||||||
11 | determine whether to recommend to the Director that the | ||||||
12 | vendor's medical assistance program participation be denied, | ||||||
13 | terminated, suspended, placed on provisional status, or | ||||||
14 | reinstated. In the hearing, any evidence relevant to the vendor | ||||||
15 | constituting an immediate danger to the public may be | ||||||
16 | introduced against such vendor; provided, however, that the | ||||||
17 | vendor, or his or her counsel, shall have the opportunity to | ||||||
18 | discredit, impeach, and submit evidence rebutting such | ||||||
19 | evidence. | ||||||
20 | (H) Nothing contained in this Code shall in any way limit | ||||||
21 | or
otherwise impair the authority or power of any State agency | ||||||
22 | responsible
for licensing of vendors.
| ||||||
23 | (I) Based on a finding of noncompliance on the part of a | ||||||
24 | nursing home with
any requirement for certification under Title | ||||||
25 | XVIII or XIX of the Social
Security Act (42 U.S.C. Sec. 1395 et | ||||||
26 | seq. or 42 U.S.C. Sec. 1396 et seq.), the
Illinois Department |
| |||||||
| |||||||
1 | may impose one or more of the following remedies after
notice | ||||||
2 | to the facility:
| ||||||
3 | (1) Termination of the provider agreement.
| ||||||
4 | (2) Temporary management.
| ||||||
5 | (3) Denial of payment for new admissions.
| ||||||
6 | (4) Civil money penalties.
| ||||||
7 | (5) Closure of the facility in emergency situations or | ||||||
8 | transfer of
residents, or both.
| ||||||
9 | (6) State monitoring.
| ||||||
10 | (7) Denial of all payments when the U.S. Department of | ||||||
11 | Health and Human Services has
imposed this sanction.
| ||||||
12 | The Illinois Department shall by rule establish criteria | ||||||
13 | governing continued
payments to a nursing facility subsequent | ||||||
14 | to termination of the facility's
provider agreement if, in the | ||||||
15 | sole discretion of the Illinois Department,
circumstances | ||||||
16 | affecting the health, safety, and welfare of the facility's
| ||||||
17 | residents require those continued payments. The Illinois | ||||||
18 | Department may
condition those continued payments on the | ||||||
19 | appointment of temporary management,
sale of the facility to | ||||||
20 | new owners or operators, or other
arrangements that the | ||||||
21 | Illinois Department determines best serve the needs of
the | ||||||
22 | facility's residents.
| ||||||
23 | Except in the case of a facility that has a right to a | ||||||
24 | hearing on the finding
of noncompliance before an agency of the | ||||||
25 | federal government, a facility may
request a hearing before a | ||||||
26 | State agency on any finding of noncompliance within
60 days |
| |||||||
| |||||||
1 | after the notice of the intent to impose a remedy. Except in | ||||||
2 | the case
of civil money penalties, a request for a hearing | ||||||
3 | shall not delay imposition of
the penalty. The choice of | ||||||
4 | remedies is not appealable at a hearing. The level
of | ||||||
5 | noncompliance may be challenged only in the case of a civil | ||||||
6 | money penalty.
The Illinois Department shall provide by rule | ||||||
7 | for the State agency that will
conduct the evidentiary | ||||||
8 | hearings.
| ||||||
9 | The Illinois Department may collect interest on unpaid | ||||||
10 | civil money penalties.
| ||||||
11 | The Illinois Department may adopt all rules necessary to | ||||||
12 | implement this
subsection (I).
| ||||||
13 | (J) The Illinois Department, by rule, may permit individual | ||||||
14 | practitioners to designate that Department payments that may be | ||||||
15 | due the practitioner be made to an alternate payee or alternate | ||||||
16 | payees. | ||||||
17 | (a) Such alternate payee or alternate payees shall be | ||||||
18 | required to register as an alternate payee in the Medical | ||||||
19 | Assistance Program with the Illinois Department. | ||||||
20 | (b) If a practitioner designates an alternate payee, | ||||||
21 | the alternate payee and practitioner shall be jointly and | ||||||
22 | severally liable to the Department for payments made to the | ||||||
23 | alternate payee. Pursuant to subsection (E) of this | ||||||
24 | Section, any Department action to suspend or deny payment | ||||||
25 | or recover money or overpayments from an alternate payee | ||||||
26 | shall be subject to an administrative hearing. |
| |||||||
| |||||||
1 | (c) Registration as an alternate payee or alternate | ||||||
2 | payees in the Illinois Medical Assistance Program shall be | ||||||
3 | conditional. At any time, the Illinois Department may deny | ||||||
4 | or cancel any alternate payee's registration in the | ||||||
5 | Illinois Medical Assistance Program without cause. Any | ||||||
6 | such denial or cancellation is not subject to an | ||||||
7 | administrative hearing. | ||||||
8 | (d) The Illinois Department may seek a revocation of | ||||||
9 | any alternate payee, and all owners, officers, and | ||||||
10 | individuals with management responsibility for such | ||||||
11 | alternate payee shall be permanently prohibited from | ||||||
12 | participating as an owner, an officer, or an individual | ||||||
13 | with management responsibility with an alternate payee in | ||||||
14 | the Illinois Medical Assistance Program, if after | ||||||
15 | reasonable notice and opportunity for a hearing the | ||||||
16 | Illinois Department finds that: | ||||||
17 | (1) the alternate payee is not complying with the | ||||||
18 | Department's policy or rules and regulations, or with | ||||||
19 | the terms and conditions prescribed by the Illinois | ||||||
20 | Department in its alternate payee registration | ||||||
21 | agreement; or | ||||||
22 | (2) the alternate payee has failed to keep or make | ||||||
23 | available for inspection, audit, or copying, after | ||||||
24 | receiving a written request from the Illinois | ||||||
25 | Department, such records regarding payments claimed as | ||||||
26 | an alternate payee; or |
| |||||||
| |||||||
1 | (3) the alternate payee has failed to furnish any | ||||||
2 | information requested by the Illinois Department | ||||||
3 | regarding payments claimed as an alternate payee; or | ||||||
4 | (4) the alternate payee has knowingly made, or | ||||||
5 | caused to be made, any false statement or | ||||||
6 | representation of a material fact in connection with | ||||||
7 | the administration of the Illinois Medical Assistance | ||||||
8 | Program; or | ||||||
9 | (5) the alternate payee, a person with management | ||||||
10 | responsibility for an alternate payee, an officer or | ||||||
11 | person owning, either directly or indirectly, 5% or | ||||||
12 | more of the shares of stock or other evidences of | ||||||
13 | ownership in a corporate alternate payee, or a partner | ||||||
14 | in a partnership which is an alternate payee: | ||||||
15 | (a) was previously terminated, suspended, or | ||||||
16 | excluded from participation as a vendor in the | ||||||
17 | Illinois Medical Assistance Program, or was | ||||||
18 | previously revoked as an alternate payee in the | ||||||
19 | Illinois Medical Assistance Program, or was | ||||||
20 | terminated, suspended, or excluded from | ||||||
21 | participation as a vendor in a medical assistance | ||||||
22 | program in another state that is of the same kind | ||||||
23 | as the program of medical assistance provided | ||||||
24 | under Article V of this Code; or | ||||||
25 | (b) was a person with management | ||||||
26 | responsibility for a vendor previously terminated, |
| |||||||
| |||||||
1 | suspended, or excluded from participation as a | ||||||
2 | vendor in the Illinois Medical Assistance Program, | ||||||
3 | or was previously revoked as an alternate payee in | ||||||
4 | the Illinois Medical Assistance Program, or was | ||||||
5 | terminated, suspended, or excluded from | ||||||
6 | participation as a vendor in a medical assistance | ||||||
7 | program in another state that is of the same kind | ||||||
8 | as the program of medical assistance provided | ||||||
9 | under Article V of this Code, during the time of | ||||||
10 | conduct which was the basis for that vendor's | ||||||
11 | termination, suspension, or exclusion or alternate | ||||||
12 | payee's revocation; or | ||||||
13 | (c) was an officer, or person owning, either | ||||||
14 | directly or indirectly, 5% or more of the shares of | ||||||
15 | stock or other evidences of ownership in a | ||||||
16 | corporate vendor previously terminated, suspended, | ||||||
17 | or excluded from participation as a vendor in the | ||||||
18 | Illinois Medical Assistance Program, or was | ||||||
19 | previously revoked as an alternate payee in the | ||||||
20 | Illinois Medical Assistance Program, or was | ||||||
21 | terminated, suspended, or excluded from | ||||||
22 | participation as a vendor in a medical assistance | ||||||
23 | program in another state that is of the same kind | ||||||
24 | as the program of medical assistance provided | ||||||
25 | under Article V of this Code, during the time of | ||||||
26 | conduct which was the basis for that vendor's |
| |||||||
| |||||||
1 | termination, suspension, or exclusion; or | ||||||
2 | (d) was an owner of a sole proprietorship or | ||||||
3 | partner in a partnership previously terminated, | ||||||
4 | suspended, or excluded from participation as a | ||||||
5 | vendor in the Illinois Medical Assistance Program, | ||||||
6 | or was previously revoked as an alternate payee in | ||||||
7 | the Illinois Medical Assistance Program, or was | ||||||
8 | terminated, suspended, or excluded from | ||||||
9 | participation as a vendor in a medical assistance | ||||||
10 | program in another state that is of the same kind | ||||||
11 | as the program of medical assistance provided | ||||||
12 | under Article V of this Code, during the time of | ||||||
13 | conduct which was the basis for that vendor's | ||||||
14 | termination, suspension, or exclusion or alternate | ||||||
15 | payee's revocation; or | ||||||
16 | (6) the alternate payee, a person with management | ||||||
17 | responsibility for an alternate payee, an officer or | ||||||
18 | person owning, either directly or indirectly, 5% or | ||||||
19 | more of the shares of stock or other evidences of | ||||||
20 | ownership in a corporate alternate payee, or a partner | ||||||
21 | in a partnership which is an alternate payee: | ||||||
22 | (a) has engaged in conduct prohibited by | ||||||
23 | applicable federal or State law or regulation | ||||||
24 | relating to the Illinois Medical Assistance | ||||||
25 | Program; or | ||||||
26 | (b) was a person with management |
| |||||||
| |||||||
1 | responsibility for a vendor or alternate payee at | ||||||
2 | the time that the vendor or alternate payee engaged | ||||||
3 | in practices prohibited by applicable federal or | ||||||
4 | State law or regulation relating to the Illinois | ||||||
5 | Medical Assistance Program; or | ||||||
6 | (c) was an officer, or person owning, either | ||||||
7 | directly or indirectly, 5% or more of the shares of | ||||||
8 | stock or other evidences of ownership in a vendor | ||||||
9 | or alternate payee at the time such vendor or | ||||||
10 | alternate payee engaged in practices prohibited by | ||||||
11 | applicable federal or State law or regulation | ||||||
12 | relating to the Illinois Medical Assistance | ||||||
13 | Program; or | ||||||
14 | (d) was an owner of a sole proprietorship or | ||||||
15 | partner in a partnership which was a vendor or | ||||||
16 | alternate payee at the time such vendor or | ||||||
17 | alternate payee engaged in practices prohibited by | ||||||
18 | applicable federal or State law or regulation | ||||||
19 | relating to the Illinois Medical Assistance | ||||||
20 | Program; or | ||||||
21 | (7) the direct or indirect ownership of the vendor | ||||||
22 | or alternate payee (including the ownership of a vendor | ||||||
23 | or alternate payee that is a partner's interest in a | ||||||
24 | vendor or alternate payee, or ownership of 5% or more | ||||||
25 | of the shares of stock or other evidences of ownership | ||||||
26 | in a corporate vendor or alternate payee) has been |
| |||||||
| |||||||
1 | transferred by an individual who is terminated, | ||||||
2 | suspended, or excluded or barred from participating as | ||||||
3 | a vendor or is prohibited or revoked as an alternate | ||||||
4 | payee to the individual's spouse, child, brother, | ||||||
5 | sister, parent, grandparent, grandchild, uncle, aunt, | ||||||
6 | niece, nephew, cousin, or relative by marriage. | ||||||
7 | (K) The Illinois Department of Healthcare and Family | ||||||
8 | Services may withhold payments, in whole or in part, to a | ||||||
9 | provider or alternate payee where there is credible evidence, | ||||||
10 | received from State or federal law enforcement or federal | ||||||
11 | oversight agencies or from the results of a preliminary | ||||||
12 | Department audit, that the circumstances giving rise to the | ||||||
13 | need for a withholding of payments may involve fraud or willful | ||||||
14 | misrepresentation under the Illinois Medical Assistance | ||||||
15 | program. The Department shall by rule define what constitutes | ||||||
16 | "credible" evidence for purposes of this subsection. The | ||||||
17 | Department may withhold payments without first notifying the | ||||||
18 | provider or alternate payee of its intention to withhold such | ||||||
19 | payments. A provider or alternate payee may request a | ||||||
20 | reconsideration of payment withholding, and the Department | ||||||
21 | must grant such a request. The Department shall state by rule a | ||||||
22 | process and criteria by which a provider or alternate payee may | ||||||
23 | request full or partial release of payments withheld under this | ||||||
24 | subsection. This request may be made at any time after the | ||||||
25 | Department first withholds such payments. | ||||||
26 | (a) The Illinois Department must send notice of its
|
| |||||||
| |||||||
1 | withholding of program payments within 5 days of taking | ||||||
2 | such action. The notice must set forth the general | ||||||
3 | allegations as to the nature of the withholding action, but | ||||||
4 | need not disclose any specific information concerning its | ||||||
5 | ongoing investigation. The notice must do all of the | ||||||
6 | following: | ||||||
7 | (1) State that payments are being withheld in
| ||||||
8 | accordance with this subsection. | ||||||
9 | (2) State that the withholding is for a temporary
| ||||||
10 | period, as stated in paragraph (b) of this
subsection, | ||||||
11 | and cite the circumstances under which
withholding | ||||||
12 | will be terminated. | ||||||
13 | (3) Specify, when appropriate, which type or types
| ||||||
14 | of Medicaid claims withholding is effective. | ||||||
15 | (4) Inform the provider or alternate payee of the
| ||||||
16 | right to submit written evidence for reconsideration | ||||||
17 | of the withholding by
the Illinois Department. | ||||||
18 | (5) Inform the provider or alternate payee that a | ||||||
19 | written request may be made to the Illinois Department | ||||||
20 | for full or partial release of withheld payments and | ||||||
21 | that such requests may be made at any time after the | ||||||
22 | Department first withholds such payments.
| ||||||
23 | (b) All withholding-of-payment actions under this
| ||||||
24 | subsection shall be temporary and shall not continue after | ||||||
25 | any of the following: | ||||||
26 | (1) The Illinois Department or the prosecuting
|
| |||||||
| |||||||
1 | authorities determine that there is insufficient
| ||||||
2 | evidence of fraud or willful misrepresentation by the
| ||||||
3 | provider or alternate payee. | ||||||
4 | (2) Legal proceedings related to the provider's or
| ||||||
5 | alternate payee's alleged fraud, willful
| ||||||
6 | misrepresentation, violations of this Act, or
| ||||||
7 | violations of the Illinois Department's administrative
| ||||||
8 | rules are completed. | ||||||
9 | (3) The withholding of payments for a period of 3 | ||||||
10 | years.
| ||||||
11 | (c) The Illinois Department may adopt all rules | ||||||
12 | necessary
to implement this subsection (K).
| ||||||
13 | (K-5) The Illinois Department may withhold payments, in | ||||||
14 | whole or in part, to a provider or alternate payee upon | ||||||
15 | initiation of an audit, quality of care review, investigation | ||||||
16 | when there is a credible allegation of fraud, or the provider | ||||||
17 | or alternate payee demonstrating a clear failure to cooperate | ||||||
18 | with the Illinois Department such that the circumstances give | ||||||
19 | rise to the need for a withholding of payments. As used in this | ||||||
20 | subsection, "credible allegation" is defined to include an | ||||||
21 | allegation from any source, including, but not limited to, | ||||||
22 | fraud hotline complaints, claims data mining, patterns | ||||||
23 | identified through provider audits, civil actions filed under | ||||||
24 | the Illinois False Claims Act, and law enforcement | ||||||
25 | investigations. An allegation is considered to be credible when | ||||||
26 | it has indicia of reliability. The Illinois Department may |
| |||||||
| |||||||
1 | withhold payments without first notifying the provider or | ||||||
2 | alternate payee of its intention to withhold such payments. A | ||||||
3 | provider or alternate payee may request a hearing or a | ||||||
4 | reconsideration of payment withholding, and the Illinois | ||||||
5 | Department must grant such a request. The Illinois Department | ||||||
6 | shall state by rule a process and criteria by which a provider | ||||||
7 | or alternate payee may request a hearing or a reconsideration | ||||||
8 | for the full or partial release of payments withheld under this | ||||||
9 | subsection. This request may be made at any time after the | ||||||
10 | Illinois Department first withholds such payments. | ||||||
11 | (a) The Illinois Department must send notice of its | ||||||
12 | withholding of program payments within 5 days of taking | ||||||
13 | such action. The notice must set forth the general | ||||||
14 | allegations as to the nature of the withholding action but | ||||||
15 | need not disclose any specific information concerning its | ||||||
16 | ongoing investigation. The notice must do all of the | ||||||
17 | following: | ||||||
18 | (1) State that payments are being withheld in | ||||||
19 | accordance with this subsection. | ||||||
20 | (2) State that the withholding is for a temporary | ||||||
21 | period, as stated in paragraph (b) of this subsection, | ||||||
22 | and cite the circumstances under which withholding | ||||||
23 | will be terminated. | ||||||
24 | (3) Specify, when appropriate, which type or types | ||||||
25 | of claims are withheld. | ||||||
26 | (4) Inform the provider or alternate payee of the |
| |||||||
| |||||||
1 | right to request a hearing or a reconsideration of the | ||||||
2 | withholding by the Illinois Department, including the | ||||||
3 | ability to submit written evidence. | ||||||
4 | (5) Inform the provider or alternate payee that a | ||||||
5 | written request may be made to the Illinois Department | ||||||
6 | for a hearing or a reconsideration for the full or | ||||||
7 | partial release of withheld payments and that such | ||||||
8 | requests may be made at any time after the Illinois | ||||||
9 | Department first withholds such payments. | ||||||
10 | (b) All withholding of payment actions under this | ||||||
11 | subsection shall be temporary and shall not continue after | ||||||
12 | any of the following: | ||||||
13 | (1) The Illinois Department determines that there | ||||||
14 | is insufficient evidence of fraud, or the provider or | ||||||
15 | alternate payee demonstrates clear cooperation with | ||||||
16 | the Illinois Department, as determined by the Illinois | ||||||
17 | Department, such that the circumstances do not give | ||||||
18 | rise to the need for withholding of payments; or | ||||||
19 | (2) The withholding of payments has lasted for a | ||||||
20 | period in excess of 3 years. | ||||||
21 | (c) The Illinois Department may adopt all rules | ||||||
22 | necessary to implement this subsection (K-5). | ||||||
23 | (L) The Illinois Department shall establish a protocol to | ||||||
24 | enable health care providers to disclose an actual or potential | ||||||
25 | violation of this Section pursuant to a self-referral | ||||||
26 | disclosure protocol, referred to in this subsection as "the |
| |||||||
| |||||||
1 | protocol". The protocol shall include direction for health care | ||||||
2 | providers on a specific person, official, or office to whom | ||||||
3 | such disclosures shall be made. The Illinois Department shall | ||||||
4 | post information on the protocol on the Illinois Department's | ||||||
5 | public website. The Illinois Department may adopt rules | ||||||
6 | necessary to implement this subsection (L). In addition to | ||||||
7 | other factors that the Illinois Department finds appropriate, | ||||||
8 | the Illinois Department may consider a health care provider's | ||||||
9 | timely use or failure to use the protocol in considering the | ||||||
10 | provider's failure to comply with this Code. | ||||||
11 | (M) Notwithstanding any other provision of this Code, the | ||||||
12 | Illinois Department, at its discretion, may exempt an entity | ||||||
13 | licensed under the Nursing Home Care Act and the ID/DD | ||||||
14 | Community Care Act from the provisions of subsections (A-15), | ||||||
15 | (B), and (C) of this Section if the licensed entity is in | ||||||
16 | receivership. | ||||||
17 | (Source: P.A. 97-689, eff. 6-14-12; revised 8-3-12.)
| ||||||
18 | Section 510. The Abandoned Newborn Infant Protection Act is | ||||||
19 | amended by changing Section 25 as follows: | ||||||
20 | (325 ILCS 2/25)
| ||||||
21 | Sec. 25. Immunity for relinquishing person.
| ||||||
22 | (a) The act of relinquishing a newborn infant to a | ||||||
23 | hospital, police
station, fire
station, or emergency medical | ||||||
24 | facility in accordance with this Act
does not, by itself, |
| |||||||
| |||||||
1 | constitute a basis for a finding of abuse,
neglect, or | ||||||
2 | abandonment of the infant pursuant to the laws of this State | ||||||
3 | nor
does it, by itself, constitute a violation of Section 12C-5 | ||||||
4 | or 12C-10 of the
Criminal Code of 2012 1961 .
| ||||||
5 | (b) If there is suspected child abuse or neglect
that is | ||||||
6 | not based solely on the newborn infant's relinquishment to a
| ||||||
7 | hospital, police station, fire station, or emergency medical | ||||||
8 | facility, the
personnel
of the hospital, police station, fire | ||||||
9 | station, or emergency medical
facility who are
mandated | ||||||
10 | reporters under the Abused and Neglected Child Reporting Act | ||||||
11 | must
report the abuse or neglect pursuant to that Act.
| ||||||
12 | (c) Neither a child protective investigation nor a criminal
| ||||||
13 | investigation may be initiated solely because a newborn infant | ||||||
14 | is
relinquished pursuant to this Act.
| ||||||
15 | (Source: P.A. 97-1109, eff. 1-1-13.)
| ||||||
16 | Section 515. The Abused and Neglected Child Reporting Act | ||||||
17 | is amended by changing Sections 3, 4, 4.5, 7, 7.6, and 7.8 as | ||||||
18 | follows: | ||||||
19 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
20 | Sec. 3. As used in this Act unless the context otherwise | ||||||
21 | requires: | ||||||
22 | "Adult resident" means any person between 18 and 22 years | ||||||
23 | of age who resides in any facility licensed by the Department | ||||||
24 | under the Child Care Act of 1969. For purposes of this Act, the |
| |||||||
| |||||||
1 | criteria set forth in the definitions of "abused child" and | ||||||
2 | "neglected child" shall be used in determining whether an adult | ||||||
3 | resident is abused or neglected. | ||||||
4 | "Blatant disregard" means an incident where the real, | ||||||
5 | significant, and imminent risk of harm would be so obvious to a | ||||||
6 | reasonable parent or caretaker that it is unlikely that a | ||||||
7 | reasonable parent or caretaker would have exposed the child to | ||||||
8 | the danger without exercising precautionary measures to | ||||||
9 | protect the child from harm. | ||||||
10 | "Child" means any person under the age of 18 years, unless | ||||||
11 | legally
emancipated by reason of marriage or entry into a | ||||||
12 | branch of the United
States armed services. | ||||||
13 | "Department" means Department of Children and Family | ||||||
14 | Services. | ||||||
15 | "Local law enforcement agency" means the police of a city, | ||||||
16 | town,
village or other incorporated area or the sheriff of an | ||||||
17 | unincorporated
area or any sworn officer of the Illinois | ||||||
18 | Department of State Police. | ||||||
19 | "Abused child"
means a child whose parent or immediate | ||||||
20 | family
member,
or any person responsible for the child's | ||||||
21 | welfare, or any individual
residing in the same home as the | ||||||
22 | child, or a paramour of the child's parent: | ||||||
23 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
24 | inflicted upon
such child physical injury, by other than | ||||||
25 | accidental means, which causes
death, disfigurement, | ||||||
26 | impairment of physical or
emotional health, or loss or |
| |||||||
| |||||||
1 | impairment of any bodily function; | ||||||
2 | (b) creates a substantial risk of physical injury to | ||||||
3 | such
child by
other than accidental means which would be | ||||||
4 | likely to cause death,
disfigurement, impairment of | ||||||
5 | physical or emotional health, or loss or
impairment of any | ||||||
6 | bodily function; | ||||||
7 | (c) commits or allows to be committed any sex offense | ||||||
8 | against
such child,
as such sex offenses are defined in the | ||||||
9 | Criminal Code of 2012 1961, as amended, or in the Wrongs to | ||||||
10 | Children Act,
and extending those definitions of sex | ||||||
11 | offenses to include children under
18 years of age; | ||||||
12 | (d) commits or allows to be committed an act or acts of
| ||||||
13 | torture upon
such child; | ||||||
14 | (e) inflicts excessive corporal punishment; | ||||||
15 | (f) commits or allows to be committed
the offense of
| ||||||
16 | female
genital mutilation, as defined in Section 12-34 of | ||||||
17 | the Criminal Code of
2012 1961 , against the child; | ||||||
18 | (g) causes to be sold, transferred, distributed, or | ||||||
19 | given to
such child
under 18 years of age, a controlled | ||||||
20 | substance as defined in Section 102 of the
Illinois | ||||||
21 | Controlled Substances Act in violation of Article IV of the | ||||||
22 | Illinois
Controlled Substances Act or in violation of the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | except for controlled substances that are prescribed
in | ||||||
25 | accordance with Article III of the Illinois Controlled | ||||||
26 | Substances Act and
are dispensed to such child in a manner |
| |||||||
| |||||||
1 | that substantially complies with the
prescription; or | ||||||
2 | (h) commits or allows to be committed the offense of | ||||||
3 | involuntary servitude, involuntary sexual servitude of a | ||||||
4 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
5 | of the Criminal Code of 2012 1961 against the child. | ||||||
6 | A child shall not be considered abused for the sole reason | ||||||
7 | that the child
has been relinquished in accordance with the | ||||||
8 | Abandoned Newborn Infant
Protection Act. | ||||||
9 | "Neglected child" means any child who is not receiving the | ||||||
10 | proper or
necessary nourishment or medically indicated | ||||||
11 | treatment including food or care
not provided solely on the | ||||||
12 | basis of the present or anticipated mental or
physical | ||||||
13 | impairment as determined by a physician acting alone or in
| ||||||
14 | consultation with other physicians or otherwise is not | ||||||
15 | receiving the proper or
necessary support or medical or other | ||||||
16 | remedial care recognized under State law
as necessary for a | ||||||
17 | child's well-being, or other care necessary for his or her
| ||||||
18 | well-being, including adequate food, clothing and shelter; or | ||||||
19 | who is subjected to an environment which is injurious insofar | ||||||
20 | as (i) the child's environment creates a likelihood of harm to | ||||||
21 | the child's health, physical well-being, or welfare and (ii) | ||||||
22 | the likely harm to the child is the result of a blatant | ||||||
23 | disregard of parent or caretaker responsibilities; or who is | ||||||
24 | abandoned
by his or her parents or other person responsible for | ||||||
25 | the child's welfare
without a proper plan of care; or who has | ||||||
26 | been provided with interim crisis intervention services under
|
| |||||||
| |||||||
1 | Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, | ||||||
2 | guardian, or custodian refuses to
permit
the child to return | ||||||
3 | home and no other living arrangement agreeable
to the parent, | ||||||
4 | guardian, or custodian can be made, and the parent, guardian, | ||||||
5 | or custodian has not made any other appropriate living | ||||||
6 | arrangement for the child; or who is a newborn infant whose | ||||||
7 | blood, urine,
or meconium
contains any amount of a controlled | ||||||
8 | substance as defined in subsection (f) of
Section 102 of the | ||||||
9 | Illinois Controlled Substances Act or a metabolite thereof,
| ||||||
10 | with the exception of a controlled substance or metabolite | ||||||
11 | thereof whose
presence in the newborn infant is the result of | ||||||
12 | medical treatment administered
to the mother or the newborn | ||||||
13 | infant. A child shall not be considered neglected
for the sole | ||||||
14 | reason that the child's parent or other person responsible for | ||||||
15 | his
or her welfare has left the child in the care of an adult | ||||||
16 | relative for any
period of time. A child shall not be | ||||||
17 | considered neglected for the sole reason
that the child has | ||||||
18 | been relinquished in accordance with the Abandoned Newborn
| ||||||
19 | Infant Protection Act. A child shall not be considered | ||||||
20 | neglected or abused
for the
sole reason that such child's | ||||||
21 | parent or other person responsible for his or her
welfare | ||||||
22 | depends upon spiritual means through prayer alone for the | ||||||
23 | treatment or
cure of disease or remedial care as provided under | ||||||
24 | Section 4 of this Act. A
child shall not be considered | ||||||
25 | neglected or abused solely because the child is
not attending | ||||||
26 | school in accordance with the requirements of Article 26 of The
|
| |||||||
| |||||||
1 | School Code, as amended. | ||||||
2 | "Child Protective Service Unit" means certain specialized | ||||||
3 | State employees of
the Department assigned by the Director to | ||||||
4 | perform the duties and
responsibilities as provided under | ||||||
5 | Section 7.2 of this Act. | ||||||
6 | "Person responsible for the child's welfare" means the | ||||||
7 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
8 | any person responsible for the
child's welfare in a public or | ||||||
9 | private residential agency or institution; any
person | ||||||
10 | responsible for the child's welfare within a public or private | ||||||
11 | profit or
not for profit child care facility; or any other | ||||||
12 | person responsible for the
child's welfare at the time of the | ||||||
13 | alleged abuse or neglect, including any person that is the | ||||||
14 | custodian of a child under 18 years of age who commits or | ||||||
15 | allows to be committed, against the child, the offense of | ||||||
16 | involuntary servitude, involuntary sexual servitude of a | ||||||
17 | minor, or trafficking in persons for forced labor or services, | ||||||
18 | as provided in Section 10-9 of the Criminal Code of 2012 1961 , | ||||||
19 | or any person who
came to know the child through an official | ||||||
20 | capacity or position of trust,
including but not limited to | ||||||
21 | health care professionals, educational personnel,
recreational | ||||||
22 | supervisors, members of the clergy, and volunteers or
support | ||||||
23 | personnel in any setting
where children may be subject to abuse | ||||||
24 | or neglect. | ||||||
25 | "Temporary protective custody" means custody within a | ||||||
26 | hospital or
other medical facility or a place previously |
| |||||||
| |||||||
1 | designated for such custody
by the Department, subject to | ||||||
2 | review by the Court, including a licensed
foster home, group | ||||||
3 | home, or other institution; but such place shall not
be a jail | ||||||
4 | or other place for the detention of criminal or juvenile | ||||||
5 | offenders. | ||||||
6 | "An unfounded report" means any report made under this Act | ||||||
7 | for which
it is determined after an investigation that no | ||||||
8 | credible evidence of
abuse or neglect exists. | ||||||
9 | "An indicated report" means a report made under this Act if | ||||||
10 | an
investigation determines that credible evidence of the | ||||||
11 | alleged
abuse or neglect exists. | ||||||
12 | "An undetermined report" means any report made under this | ||||||
13 | Act in
which it was not possible to initiate or complete an | ||||||
14 | investigation on
the basis of information provided to the | ||||||
15 | Department. | ||||||
16 | "Subject of report" means any child reported to the central | ||||||
17 | register
of child abuse and neglect established under Section | ||||||
18 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
19 | and
the parent or guardian of the alleged victim or other | ||||||
20 | person responsible for the alleged victim's welfare who is | ||||||
21 | named in the report or added to the report as an alleged | ||||||
22 | perpetrator of child abuse or neglect. | ||||||
23 | "Perpetrator" means a person who, as a result of | ||||||
24 | investigation, has
been determined by the Department to have | ||||||
25 | caused child abuse or neglect. | ||||||
26 | "Member of the clergy" means a clergyman or practitioner of |
| |||||||
| |||||||
1 | any religious
denomination accredited by the religious body to | ||||||
2 | which he or she belongs. | ||||||
3 | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||||||
4 | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. | ||||||
5 | 7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; revised | ||||||
6 | 9-20-12.)
| ||||||
7 | (325 ILCS 5/4) (from Ch. 23, par. 2054)
| ||||||
8 | Sec. 4. Persons required to report; privileged | ||||||
9 | communications;
transmitting false report. Any physician, | ||||||
10 | resident, intern, hospital,
hospital administrator
and | ||||||
11 | personnel engaged in examination, care and treatment of | ||||||
12 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
13 | chiropractor, podiatrist, physician
assistant, substance abuse | ||||||
14 | treatment personnel, funeral home
director or employee, | ||||||
15 | coroner, medical examiner, emergency medical technician,
| ||||||
16 | acupuncturist, crisis line or hotline personnel, school | ||||||
17 | personnel (including administrators and both certified and | ||||||
18 | non-certified school employees), personnel of institutions of | ||||||
19 | higher education, educational
advocate assigned to a child | ||||||
20 | pursuant to the School Code, member of a school board or the | ||||||
21 | Chicago Board of Education or the governing body of a private | ||||||
22 | school (but only to the extent required in accordance with | ||||||
23 | other provisions of this Section expressly concerning the duty | ||||||
24 | of school board members to report suspected child abuse), | ||||||
25 | truant officers,
social worker, social services administrator,
|
| |||||||
| |||||||
1 | domestic violence program personnel, registered nurse, | ||||||
2 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
3 | practitioner, advanced practice nurse, home
health aide, | ||||||
4 | director or staff
assistant of a nursery school or a child day | ||||||
5 | care center, recreational or athletic program
or facility | ||||||
6 | personnel, early intervention provider as defined in the Early | ||||||
7 | Intervention Services System Act, law enforcement officer, | ||||||
8 | licensed professional
counselor, licensed clinical | ||||||
9 | professional counselor, registered psychologist
and
assistants | ||||||
10 | working under the direct supervision of a psychologist,
| ||||||
11 | psychiatrist, or field personnel of the Department of | ||||||
12 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
13 | Health, Human Services (acting as successor to the Department | ||||||
14 | of Mental
Health and Developmental Disabilities, | ||||||
15 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
16 | Rights, or Children and Family Services, supervisor and
| ||||||
17 | administrator of general assistance under the Illinois Public | ||||||
18 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
19 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
20 | field investigator, or any other foster parent, homemaker or | ||||||
21 | child care worker
having reasonable cause to believe a child | ||||||
22 | known to them in their professional
or official capacity may be | ||||||
23 | an abused child or a neglected child shall
immediately report | ||||||
24 | or cause a report to be made to the Department.
| ||||||
25 | Any member of the clergy having reasonable cause to believe | ||||||
26 | that a child
known to that member of the clergy in his or her |
| |||||||
| |||||||
1 | professional capacity may be
an abused child as defined in item | ||||||
2 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
3 | Act shall immediately report or cause a report to be made to
| ||||||
4 | the Department.
| ||||||
5 | Any physician, physician's assistant, registered nurse, | ||||||
6 | licensed practical nurse, medical technician, certified | ||||||
7 | nursing assistant, social worker, or licensed professional | ||||||
8 | counselor of any office, clinic, or any other physical location | ||||||
9 | that provides abortions, abortion referrals, or contraceptives | ||||||
10 | having reasonable cause to believe a child known to him or her | ||||||
11 | in his or her professional
or official capacity may be an | ||||||
12 | abused child or a neglected child shall
immediately report or | ||||||
13 | cause a report to be made to the Department. | ||||||
14 | If an allegation is raised to a school board member during | ||||||
15 | the course of an open or closed school board meeting that a | ||||||
16 | child who is enrolled in the school district of which he or she | ||||||
17 | is a board member is an abused child as defined in Section 3 of | ||||||
18 | this Act, the member shall direct or cause the school board to | ||||||
19 | direct the superintendent of the school district or other | ||||||
20 | equivalent school administrator to comply with the | ||||||
21 | requirements of this Act concerning the reporting of child | ||||||
22 | abuse. For purposes of this paragraph, a school board member is | ||||||
23 | granted the authority in his or her individual capacity to | ||||||
24 | direct the superintendent of the school district or other | ||||||
25 | equivalent school administrator to comply with the | ||||||
26 | requirements of this Act concerning the reporting of child |
| |||||||
| |||||||
1 | abuse.
| ||||||
2 | Notwithstanding any other provision of this Act, if an | ||||||
3 | employee of a school district has made a report or caused a | ||||||
4 | report to be made to the Department under this Act involving | ||||||
5 | the conduct of a current or former employee of the school | ||||||
6 | district and a request is made by another school district for | ||||||
7 | the provision of information concerning the job performance or | ||||||
8 | qualifications of the current or former employee because he or | ||||||
9 | she is an applicant for employment with the requesting school | ||||||
10 | district, the general superintendent of the school district to | ||||||
11 | which the request is being made must disclose to the requesting | ||||||
12 | school district the fact that an employee of the school | ||||||
13 | district has made a report involving the conduct of the | ||||||
14 | applicant or caused a report to be made to the Department, as | ||||||
15 | required under this Act. Only the fact that an employee of the | ||||||
16 | school district has made a report involving the conduct of the | ||||||
17 | applicant or caused a report to be made to the Department may | ||||||
18 | be disclosed by the general superintendent of the school | ||||||
19 | district to which the request for information concerning the | ||||||
20 | applicant is made, and this fact may be disclosed only in cases | ||||||
21 | where the employee and the general superintendent have not been | ||||||
22 | informed by the Department that the allegations were unfounded. | ||||||
23 | An employee of a school district who is or has been the subject | ||||||
24 | of a report made pursuant to this Act during his or her | ||||||
25 | employment with the school district must be informed by that | ||||||
26 | school district that if he or she applies for employment with |
| |||||||
| |||||||
1 | another school district, the general superintendent of the | ||||||
2 | former school district, upon the request of the school district | ||||||
3 | to which the employee applies, shall notify that requesting | ||||||
4 | school district that the employee is or was the subject of such | ||||||
5 | a report.
| ||||||
6 | Whenever
such person is required to report under this Act | ||||||
7 | in his capacity as a member of
the staff of a medical or other | ||||||
8 | public or private institution, school, facility
or agency, or | ||||||
9 | as a member of the clergy, he shall
make report immediately to | ||||||
10 | the Department in accordance
with the provisions of this Act | ||||||
11 | and may also notify the person in charge of
such institution, | ||||||
12 | school, facility or agency, or church, synagogue, temple,
| ||||||
13 | mosque, or other religious institution, or his
designated agent | ||||||
14 | that such
report has been made. Under no circumstances shall | ||||||
15 | any person in charge of
such institution, school, facility or | ||||||
16 | agency, or church, synagogue, temple,
mosque, or other | ||||||
17 | religious institution, or his
designated agent to whom
such | ||||||
18 | notification has been made, exercise any control, restraint, | ||||||
19 | modification
or other change in the report or the forwarding of | ||||||
20 | such report to the
Department.
| ||||||
21 | The privileged quality of communication between any | ||||||
22 | professional
person required to report
and his patient or | ||||||
23 | client shall not apply to situations involving abused or
| ||||||
24 | neglected children and shall not constitute grounds for failure | ||||||
25 | to report
as required by this Act or constitute grounds for | ||||||
26 | failure to share information or documents with the Department |
| |||||||
| |||||||
1 | during the course of a child abuse or neglect investigation. If | ||||||
2 | requested by the professional, the Department shall confirm in | ||||||
3 | writing that the information or documents disclosed by the | ||||||
4 | professional were gathered in the course of a child abuse or | ||||||
5 | neglect investigation.
| ||||||
6 | A member of the clergy may claim the privilege under | ||||||
7 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
8 | Any office, clinic, or any other physical location that | ||||||
9 | provides abortions, abortion referrals, or contraceptives | ||||||
10 | shall provide to all office personnel copies of written | ||||||
11 | information and training materials about abuse and neglect and | ||||||
12 | the requirements of this Act that are provided to employees of | ||||||
13 | the office, clinic, or physical location who are required to | ||||||
14 | make reports to the Department under this Act, and instruct | ||||||
15 | such office personnel to bring to the attention of an employee | ||||||
16 | of the office, clinic, or physical location who is required to | ||||||
17 | make reports to the Department under this Act any reasonable | ||||||
18 | suspicion that a child known to him or her in his or her | ||||||
19 | professional or official capacity may be an abused child or a | ||||||
20 | neglected child. In addition to the above persons required to
| ||||||
21 | report suspected cases of abused or neglected children, any | ||||||
22 | other person
may make a report if such person has reasonable | ||||||
23 | cause to believe a child
may be an abused child or a neglected | ||||||
24 | child.
| ||||||
25 | Any person who enters into
employment on and after July 1, | ||||||
26 | 1986 and is mandated by virtue of that
employment to report |
| |||||||
| |||||||
1 | under this Act, shall sign a statement on a form
prescribed by | ||||||
2 | the Department, to the effect that the employee has knowledge
| ||||||
3 | and understanding of the reporting requirements of this Act. | ||||||
4 | The statement
shall be signed prior to commencement of the | ||||||
5 | employment. The signed
statement shall be retained by the | ||||||
6 | employer. The cost of printing,
distribution, and filing of the | ||||||
7 | statement shall be borne by the employer.
| ||||||
8 | The Department shall provide copies of this Act, upon | ||||||
9 | request, to all
employers employing persons who shall be | ||||||
10 | required under the provisions of
this Section to report under | ||||||
11 | this Act.
| ||||||
12 | Any person who knowingly transmits a false report to the | ||||||
13 | Department
commits the offense of disorderly conduct under | ||||||
14 | subsection (a)(7) of
Section 26-1 of the " Criminal Code of 2012 | ||||||
15 | 1961" . A violation of this provision is a Class 4 felony.
| ||||||
16 | Any person who knowingly and willfully violates any | ||||||
17 | provision of this
Section other than a second or subsequent | ||||||
18 | violation of transmitting a
false report as described in the
| ||||||
19 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
20 | first violation and a Class
4 felony for a
second or subsequent | ||||||
21 | violation; except that if the person acted as part
of a plan or | ||||||
22 | scheme having as its object the
prevention of discovery of an | ||||||
23 | abused or neglected child by lawful authorities
for the
purpose | ||||||
24 | of protecting or insulating any person or entity from arrest or
| ||||||
25 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
26 | first offense and a Class 3 felony
for a second or
subsequent |
| |||||||
| |||||||
1 | offense (regardless of whether the second or subsequent offense
| ||||||
2 | involves any
of the same facts or persons as the first or other | ||||||
3 | prior offense).
| ||||||
4 | A child whose parent, guardian or custodian in good faith | ||||||
5 | selects and depends
upon spiritual means through prayer alone | ||||||
6 | for the treatment or cure of
disease or remedial care may be | ||||||
7 | considered neglected or abused, but not for
the sole reason | ||||||
8 | that his parent, guardian or custodian accepts and
practices | ||||||
9 | such beliefs.
| ||||||
10 | A child shall not be considered neglected or abused solely | ||||||
11 | because the
child is not attending school in accordance with | ||||||
12 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
13 | Nothing in this Act prohibits a mandated reporter who | ||||||
14 | reasonably believes that an animal is being abused or neglected | ||||||
15 | in violation of the Humane Care for Animals Act from reporting | ||||||
16 | animal abuse or neglect to the Department of Agriculture's | ||||||
17 | Bureau of Animal Health and Welfare. | ||||||
18 | A home rule unit may not regulate the reporting of child | ||||||
19 | abuse or neglect in a manner inconsistent with the provisions | ||||||
20 | of this Section. This Section is a limitation under subsection | ||||||
21 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
22 | the concurrent exercise by home rule units of powers and | ||||||
23 | functions exercised by the State. | ||||||
24 | For purposes of this Section "child abuse or neglect" | ||||||
25 | includes abuse or neglect of an adult resident as defined in | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10; | ||||||
2 | 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. | ||||||
3 | 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12.)
| ||||||
4 | (325 ILCS 5/4.5) | ||||||
5 | Sec. 4.5. Electronic and information technology workers; | ||||||
6 | reporting child pornography. | ||||||
7 | (a) In this Section: | ||||||
8 | "Child pornography" means child pornography as described | ||||||
9 | in Section 11-20.1 of the Criminal Code of 2012 1961 or | ||||||
10 | aggravated child pornography as described in Section 11-20.1B | ||||||
11 | of the Criminal Code of 1961 . | ||||||
12 | "Electronic and information technology equipment" means | ||||||
13 | equipment used in the creation, manipulation, storage, | ||||||
14 | display, or transmission of data, including internet and | ||||||
15 | intranet systems, software applications, operating systems, | ||||||
16 | video and multimedia, telecommunications products, kiosks, | ||||||
17 | information transaction machines, copiers, printers, and | ||||||
18 | desktop and portable computers. | ||||||
19 | "Electronic and information technology equipment worker" | ||||||
20 | means a person who in the scope and course of his or her | ||||||
21 | employment or business installs, repairs, or otherwise | ||||||
22 | services electronic and information technology equipment for a | ||||||
23 | fee but does not include (i) an employee, independent | ||||||
24 | contractor, or other agent of a telecommunications carrier or | ||||||
25 | telephone or telecommunications cooperative, as those terms |
| |||||||
| |||||||
1 | are defined in the Public Utilities Act, or (ii) an employee, | ||||||
2 | independent contractor, or other agent of a provider of | ||||||
3 | commercial mobile radio service, as defined in 47 C.F.R. 20.3. | ||||||
4 | (b) If an electronic and information technology equipment | ||||||
5 | worker discovers any depiction of child pornography while | ||||||
6 | installing, repairing, or otherwise servicing an item of | ||||||
7 | electronic and information technology equipment, that worker | ||||||
8 | or the worker's employer shall immediately report the discovery | ||||||
9 | to the local law enforcement agency or to the Cyber Tipline at | ||||||
10 | the National Center for Missing & Exploited Children. | ||||||
11 | (c) If a report is filed in accordance with the | ||||||
12 | requirements of 42 U.S.C. 13032, the requirements of this | ||||||
13 | Section 4.5 will be deemed to have been met. | ||||||
14 | (d) An electronic and information technology equipment | ||||||
15 | worker or electronic and information technology equipment | ||||||
16 | worker's employer who reports a discovery of child pornography | ||||||
17 | as required under this Section is immune from any criminal, | ||||||
18 | civil, or administrative liability in connection with making | ||||||
19 | the report, except for willful or wanton misconduct. | ||||||
20 | (e) Failure to report a discovery of child pornography as | ||||||
21 | required under this Section is a business offense subject to a | ||||||
22 | fine of $1,001.
| ||||||
23 | (Source: P.A. 95-944, eff. 8-29-08; 96-1551, eff. 7-1-11 .)
| ||||||
24 | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| ||||||
25 | Sec. 7. Time and manner of making reports. All reports of |
| |||||||
| |||||||
1 | suspected
child abuse or neglect made
under this Act shall be | ||||||
2 | made immediately by telephone to the central register
| ||||||
3 | established under Section 7.7 on the single, State-wide, | ||||||
4 | toll-free telephone
number established in Section 7.6, or in | ||||||
5 | person or by telephone through
the nearest Department office. | ||||||
6 | The Department shall, in cooperation with
school officials, | ||||||
7 | distribute
appropriate materials in school buildings
listing | ||||||
8 | the toll-free telephone number established in Section 7.6,
| ||||||
9 | including methods of making a report under this Act.
The | ||||||
10 | Department may, in cooperation with appropriate members of the | ||||||
11 | clergy,
distribute appropriate materials in churches, | ||||||
12 | synagogues, temples, mosques, or
other religious buildings | ||||||
13 | listing the toll-free telephone number
established in Section | ||||||
14 | 7.6, including methods of making a report under this
Act.
| ||||||
15 | Wherever the Statewide number is posted, there shall also | ||||||
16 | be posted the
following notice:
| ||||||
17 | "Any person who knowingly transmits a false report to the | ||||||
18 | Department
commits the offense of disorderly conduct under | ||||||
19 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012 | ||||||
20 | 1961 . A violation of this subsection is a Class 4 felony."
| ||||||
21 | The report required by this Act shall include, if known, | ||||||
22 | the name
and address of the child and his parents or other | ||||||
23 | persons having his
custody; the child's age; the nature of the | ||||||
24 | child's condition including any
evidence of previous injuries | ||||||
25 | or disabilities; and any other information
that the person | ||||||
26 | filing the report believes might be helpful in
establishing the |
| |||||||
| |||||||
1 | cause of such abuse or neglect and the identity of the
person | ||||||
2 | believed to have caused such abuse or neglect. Reports made to | ||||||
3 | the
central register through the State-wide, toll-free | ||||||
4 | telephone number shall
be immediately transmitted by the | ||||||
5 | Department to the appropriate Child Protective Service
Unit. | ||||||
6 | All such reports alleging the death of a child,
serious injury | ||||||
7 | to a child including, but not limited to, brain damage,
skull | ||||||
8 | fractures, subdural hematomas, and internal injuries, torture | ||||||
9 | of a
child, malnutrition of a child, and sexual abuse to a | ||||||
10 | child, including, but
not limited to, sexual intercourse, | ||||||
11 | sexual exploitation, sexual
molestation, and sexually | ||||||
12 | transmitted disease in a child age
12 and under, shall also be | ||||||
13 | immediately transmitted by the Department to the appropriate | ||||||
14 | local law enforcement agency. The Department shall within 24 | ||||||
15 | hours orally notify local law
enforcement personnel and the | ||||||
16 | office of the State's Attorney of the
involved county of the | ||||||
17 | receipt of any report alleging the death of a child,
serious | ||||||
18 | injury to a child including, but not limited to, brain damage,
| ||||||
19 | skull fractures, subdural hematomas, and, internal injuries, | ||||||
20 | torture of a
child, malnutrition of a child, and sexual abuse | ||||||
21 | to a child, including, but
not limited to, sexual intercourse, | ||||||
22 | sexual exploitation, sexual
molestation, and sexually | ||||||
23 | transmitted disease in a child age
twelve and under. All
oral | ||||||
24 | reports made by the Department to local law enforcement | ||||||
25 | personnel and
the office of the State's Attorney of the | ||||||
26 | involved county shall be
confirmed in writing within 24
hours |
| |||||||
| |||||||
1 | of the oral report. All reports by
persons mandated to report | ||||||
2 | under this Act shall be confirmed in writing to
the appropriate | ||||||
3 | Child Protective Service Unit, which may be on forms
supplied | ||||||
4 | by the Department, within 48 hours of any initial report.
| ||||||
5 | Written confirmation reports from persons not required to | ||||||
6 | report by this
Act may be made to the appropriate Child | ||||||
7 | Protective Service Unit. Written
reports from persons required | ||||||
8 | by this Act to report shall be admissible
in evidence in any | ||||||
9 | judicial proceeding or administrative hearing relating to | ||||||
10 | child abuse or neglect.
Reports involving known or suspected | ||||||
11 | child abuse or neglect in public or
private residential | ||||||
12 | agencies or institutions shall be made and received
in the same | ||||||
13 | manner as all other reports made under this Act.
| ||||||
14 | For purposes of this Section "child" includes an adult | ||||||
15 | resident as defined in this Act. | ||||||
16 | (Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; | ||||||
17 | 97-387, eff. 8-15-11; 97-813, eff. 7-13-12.)
| ||||||
18 | (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
| ||||||
19 | Sec. 7.6.
There shall be a single State-wide, toll-free | ||||||
20 | telephone number
established and maintained by the Department | ||||||
21 | which all persons, whether
or not mandated by law, may use to | ||||||
22 | report suspected child abuse
or neglect at any hour of the day | ||||||
23 | or night, on any day of the week. Immediately
upon receipt of | ||||||
24 | such reports, the Department shall transmit the contents
of the | ||||||
25 | report, either orally or electronically, to the appropriate |
| |||||||
| |||||||
1 | Child
Protective Service Unit. Any other person may use the | ||||||
2 | State-wide number
to obtain assistance or information | ||||||
3 | concerning the handling of child abuse
and neglect cases.
| ||||||
4 | Wherever the Statewide number is posted, there shall also | ||||||
5 | be posted the
following notice:
| ||||||
6 | "Any person who knowingly transmits a false report to the | ||||||
7 | Department
commits the offense of disorderly conduct under | ||||||
8 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012 | ||||||
9 | 1961 . A violation of this subsection is a Class 4 felony."
| ||||||
10 | (Source: P.A. 97-189, eff. 7-22-11.)
| ||||||
11 | (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| ||||||
12 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
13 | suspected
child abuse or neglect, the Department shall | ||||||
14 | immediately notify, either
orally or electronically, the Child | ||||||
15 | Protective Service Unit of a previous
report concerning a | ||||||
16 | subject of the present report or other pertinent
information. | ||||||
17 | In addition, upon satisfactory identification procedures, to
| ||||||
18 | be established by Department regulation, any person authorized | ||||||
19 | to have
access to records under Section 11.1 relating to child | ||||||
20 | abuse and neglect
may request and shall be immediately provided | ||||||
21 | the information requested in
accordance with this Act. However, | ||||||
22 | no information shall be released unless
it prominently states | ||||||
23 | the report is "indicated", and only information from
| ||||||
24 | "indicated" reports shall be released, except that information | ||||||
25 | concerning
pending reports may be released to any person |
| |||||||
| |||||||
1 | authorized under
paragraphs (1), (2), (3) and (11) of Section | ||||||
2 | 11.1. In addition, State's
Attorneys are authorized to receive | ||||||
3 | unfounded reports for prosecution
purposes related to the | ||||||
4 | transmission of false reports of child abuse or
neglect in | ||||||
5 | violation of subsection (a), paragraph (7) of Section 26-1
of | ||||||
6 | the Criminal Code of 2012 1961 and guardians ad litem appointed | ||||||
7 | under
Article II of the Juvenile Court Act of 1987 shall | ||||||
8 | receive the classified
reports set forth in Section 7.14 of | ||||||
9 | this Act in conformance with paragraph
(19) of Section 11.1 and | ||||||
10 | Section 7.14 of this Act. The names and other
identifying data | ||||||
11 | and the dates and the circumstances of any persons
requesting | ||||||
12 | or receiving information from the central register shall be
| ||||||
13 | entered in the register record.
| ||||||
14 | (Source: P.A. 86-904; 86-1293; 87-649.)
| ||||||
15 | Section 520. The Sexual Assault Survivors Emergency | ||||||
16 | Treatment Act is amended by changing Section 1a as follows:
| ||||||
17 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||||||
18 | Sec. 1a. Definitions. In this Act:
| ||||||
19 | "Ambulance provider" means an individual or entity that | ||||||
20 | owns and operates a business or service using ambulances or | ||||||
21 | emergency medical services vehicles to transport emergency | ||||||
22 | patients.
| ||||||
23 | "Areawide sexual assault treatment plan" means a plan, | ||||||
24 | developed by the hospitals in the community or area to be |
| |||||||
| |||||||
1 | served, which provides for hospital emergency services to | ||||||
2 | sexual assault survivors that shall be made available by each | ||||||
3 | of the participating hospitals.
| ||||||
4 | "Department" means the Department of Public Health.
| ||||||
5 | "Emergency contraception" means medication as approved by | ||||||
6 | the federal Food and Drug Administration (FDA) that can | ||||||
7 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
8 | hours after sexual assault.
| ||||||
9 | "Follow-up healthcare" means healthcare services related | ||||||
10 | to a sexual assault, including laboratory services and pharmacy | ||||||
11 | services, rendered within 90 days of the initial visit for | ||||||
12 | hospital emergency services.
| ||||||
13 | "Forensic services" means the collection of evidence | ||||||
14 | pursuant to a statewide sexual assault evidence collection | ||||||
15 | program administered by the Department of State Police, using | ||||||
16 | the Illinois State Police Sexual Assault Evidence Collection | ||||||
17 | Kit.
| ||||||
18 | "Health care professional" means a physician, a physician | ||||||
19 | assistant, or an advanced practice nurse.
| ||||||
20 | "Hospital" has the meaning given to that term in the | ||||||
21 | Hospital Licensing Act.
| ||||||
22 | "Hospital emergency services" means healthcare delivered | ||||||
23 | to outpatients within or under the care and supervision of | ||||||
24 | personnel working in a designated emergency department of a | ||||||
25 | hospital, including, but not limited to, care ordered by such | ||||||
26 | personnel for a sexual assault survivor in the emergency |
| |||||||
| |||||||
1 | department.
| ||||||
2 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
3 | Kit" means a prepackaged set of materials and forms to be used | ||||||
4 | for the collection of evidence relating to sexual assault. The | ||||||
5 | standardized evidence collection kit for the State of Illinois | ||||||
6 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
7 | Collection Kit.
| ||||||
8 | "Nurse" means a nurse licensed under the Nurse
Practice | ||||||
9 | Act.
| ||||||
10 | "Physician" means a person licensed to practice medicine in | ||||||
11 | all its branches.
| ||||||
12 | "Sexual assault" means an act of nonconsensual sexual | ||||||
13 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
14 | the Criminal Code of 2012 1961 , including, without limitation, | ||||||
15 | acts prohibited under Sections 11-1.20 through 11-1.60 of the | ||||||
16 | Criminal Code of 2012 1961 .
| ||||||
17 | "Sexual assault survivor" means a person who presents for | ||||||
18 | hospital emergency services in relation to injuries or trauma | ||||||
19 | resulting from a sexual assault.
| ||||||
20 | "Sexual assault transfer plan" means a written plan | ||||||
21 | developed by a hospital and approved by the Department, which | ||||||
22 | describes the hospital's procedures for transferring sexual | ||||||
23 | assault survivors to another hospital in order to receive | ||||||
24 | emergency treatment.
| ||||||
25 | "Sexual assault treatment plan" means a written plan | ||||||
26 | developed by a hospital that describes the hospital's |
| |||||||
| |||||||
1 | procedures and protocols for providing hospital emergency | ||||||
2 | services and forensic services to sexual assault survivors who | ||||||
3 | present themselves for such services, either directly or | ||||||
4 | through transfer from another hospital.
| ||||||
5 | "Transfer services" means the appropriate medical | ||||||
6 | screening examination and necessary stabilizing treatment | ||||||
7 | prior to the transfer of a sexual assault survivor to a | ||||||
8 | hospital that provides hospital emergency services and | ||||||
9 | forensic services to sexual assault survivors pursuant to a | ||||||
10 | sexual assault treatment plan or areawide sexual assault | ||||||
11 | treatment plan.
| ||||||
12 | (Source: P.A. 95-432, eff. 1-1-08; 96-328, eff. 8-11-09; | ||||||
13 | 96-1551, eff. 7-1-11 .)
| ||||||
14 | Section 525. The Consent by Minors to Medical Procedures | ||||||
15 | Act is amended by changing Section 3 as follows:
| ||||||
16 | (410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||||||
17 | Sec. 3. (a) Where a hospital, a physician licensed to | ||||||
18 | practice medicine
or surgery, an advanced practice nurse who | ||||||
19 | has a written collaborative agreement with a collaborating | ||||||
20 | physician that authorizes provision of services for minors, or | ||||||
21 | a physician assistant who has been delegated authority to | ||||||
22 | provide services for minors renders emergency treatment or | ||||||
23 | first aid or a licensed dentist
renders emergency dental | ||||||
24 | treatment to a minor, consent of the minor's parent
or legal |
| |||||||
| |||||||
1 | guardian need not be obtained if, in the sole opinion of the
| ||||||
2 | physician,
advanced practice nurse, physician assistant,
| ||||||
3 | dentist, or hospital, the obtaining of consent is not | ||||||
4 | reasonably feasible
under the circumstances without adversely | ||||||
5 | affecting the condition of such
minor's health.
| ||||||
6 | (b) Where a minor is the victim of a predatory criminal | ||||||
7 | sexual assault of
a child, aggravated criminal sexual assault, | ||||||
8 | criminal sexual assault,
aggravated criminal sexual abuse or | ||||||
9 | criminal sexual abuse, as provided in
Sections 11-1.20 through | ||||||
10 | 11-1.60 of the Criminal Code of 2012 1961, as now or hereafter
| ||||||
11 | amended , the consent
of the minor's parent or legal guardian | ||||||
12 | need not be obtained to authorize
a hospital, physician, | ||||||
13 | advanced practice nurse, physician assistant, or other medical | ||||||
14 | personnel to furnish medical care
or counseling related to the | ||||||
15 | diagnosis or treatment of any disease or injury
arising from | ||||||
16 | such offense. The minor may consent to such counseling, | ||||||
17 | diagnosis
or treatment as if the minor had reached his or her | ||||||
18 | age of majority. Such
consent shall not be voidable, nor | ||||||
19 | subject to later disaffirmance, because
of minority.
| ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
21 | Section 530. The AIDS Confidentiality Act is amended by | ||||||
22 | changing Section 9 as follows:
| ||||||
23 | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| ||||||
24 | Sec. 9. No person may disclose or be compelled to disclose |
| |||||||
| |||||||
1 | the
identity of any person upon whom a test is performed, or | ||||||
2 | the results of
such a test in a manner which permits | ||||||
3 | identification of the subject of the
test, except to the | ||||||
4 | following persons:
| ||||||
5 | (a) The subject of the test or the subject's legally
| ||||||
6 | authorized representative. A physician may notify the spouse of | ||||||
7 | the
test subject, if the test result is positive and has been | ||||||
8 | confirmed
pursuant to rules adopted by the Department, provided | ||||||
9 | that the physician has
first sought unsuccessfully to persuade | ||||||
10 | the patient to notify the spouse or
that, a reasonable time | ||||||
11 | after the patient has agreed to make the
notification, the | ||||||
12 | physician has reason to believe that the patient has not
| ||||||
13 | provided the notification. This paragraph shall not create a | ||||||
14 | duty or
obligation under which a physician must notify the | ||||||
15 | spouse of the test
results, nor shall such duty or obligation | ||||||
16 | be implied. No civil liability
or criminal sanction under this | ||||||
17 | Act shall be imposed for any disclosure or
non-disclosure of a | ||||||
18 | test result to a spouse by a physician acting in good
faith | ||||||
19 | under this paragraph. For the purpose of any proceedings, civil | ||||||
20 | or
criminal, the good faith of any physician acting under this | ||||||
21 | paragraph shall
be presumed.
| ||||||
22 | (b) Any person designated in a legally effective release of | ||||||
23 | the test
results executed by the subject of the test or the | ||||||
24 | subject's legally
authorized representative.
| ||||||
25 | (c) An authorized agent or employee of a health facility or | ||||||
26 | health care
provider if the health facility or health care |
| |||||||
| |||||||
1 | provider itself is
authorized to obtain the test results, the | ||||||
2 | agent or employee provides
patient care or handles or processes | ||||||
3 | specimens of body fluids or tissues,
and the agent or employee | ||||||
4 | has a need to know such information.
| ||||||
5 | (d) The Department and local health authorities serving a | ||||||
6 | population of over 1,000,000 residents or other local health | ||||||
7 | authorities as designated by the Department, in accordance with | ||||||
8 | rules for reporting and
controlling the spread of disease, as | ||||||
9 | otherwise provided by State law.
The Department,
local health | ||||||
10 | authorities, and authorized representatives shall not disclose
| ||||||
11 | information and records held by them relating to known or | ||||||
12 | suspected cases of
AIDS or HIV infection, publicly or in any | ||||||
13 | action of any kind in any court or
before any tribunal, board, | ||||||
14 | or agency. AIDS and HIV infection data shall be
protected from | ||||||
15 | disclosure in accordance with the provisions of Sections 8-2101
| ||||||
16 | through 8-2105 of the Code of Civil Procedure.
| ||||||
17 | (e) A health facility or health care provider which | ||||||
18 | procures, processes,
distributes or uses: (i) a human body part | ||||||
19 | from a deceased person
with respect to medical information | ||||||
20 | regarding that person; or (ii) semen
provided prior to the | ||||||
21 | effective date of this Act for the purpose of
artificial | ||||||
22 | insemination.
| ||||||
23 | (f) Health facility staff committees for the purposes of | ||||||
24 | conducting
program monitoring, program evaluation or service | ||||||
25 | reviews.
| ||||||
26 | (f-5) A court in accordance with the provisions of Section |
| |||||||
| |||||||
1 | 12-5.01 of the Criminal Code of 2012 1961 . | ||||||
2 | (g) (Blank).
| ||||||
3 | (h) Any health care provider or employee of a health | ||||||
4 | facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | ||||||
5 | involved in an accidental direct
skin or mucous membrane | ||||||
6 | contact with the blood or bodily fluids of an
individual which | ||||||
7 | is of a nature that may transmit HIV, as determined by a
| ||||||
8 | physician in his medical judgment.
| ||||||
9 | (i) Any law enforcement officer, as defined in subsection | ||||||
10 | (c) of
Section 7, involved in the line of duty in a direct skin | ||||||
11 | or mucous membrane
contact with the blood or bodily fluids of | ||||||
12 | an individual which is of a
nature that may transmit HIV, as | ||||||
13 | determined by a physician in his medical
judgment.
| ||||||
14 | (j) A temporary caretaker of a child taken into temporary | ||||||
15 | protective
custody by the Department of Children and Family | ||||||
16 | Services pursuant to Section 5
of the Abused and Neglected | ||||||
17 | Child Reporting Act, as now or hereafter amended.
| ||||||
18 | (k) In the case of a minor under 18 years of age whose test | ||||||
19 | result is
positive and has been confirmed
pursuant to rules | ||||||
20 | adopted by the Department, the health care provider who ordered | ||||||
21 | the test shall make a reasonable
effort to notify the minor's | ||||||
22 | parent or legal guardian if, in the
professional judgment
of | ||||||
23 | the health care provider, notification would be
in the best | ||||||
24 | interest of the child and the health care provider has first
| ||||||
25 | sought unsuccessfully to persuade the minor to notify the | ||||||
26 | parent or legal
guardian or a reasonable time after the minor |
| |||||||
| |||||||
1 | has agreed to notify
the parent or legal guardian, the health | ||||||
2 | care provider has reason to
believe that the minor has not made | ||||||
3 | the notification. This subsection
shall not create a duty or | ||||||
4 | obligation under which a health care provider
must notify the | ||||||
5 | minor's parent or legal guardian of the test results, nor
shall | ||||||
6 | a duty or obligation be implied. No civil liability or criminal | ||||||
7 | sanction
under this Act shall be imposed for any notification | ||||||
8 | or non-notification of a
minor's test result by a health care | ||||||
9 | provider acting in good faith under this
subsection. For the | ||||||
10 | purpose of any proceeding, civil or criminal, the good
faith of | ||||||
11 | any health care provider acting under this subsection shall be
| ||||||
12 | presumed.
| ||||||
13 | (Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12.)
| ||||||
14 | Section 535. The Illinois Sexually Transmissible Disease | ||||||
15 | Control Act is amended by changing Section 5.5 as follows:
| ||||||
16 | (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||||||
17 | Sec. 5.5. Risk assessment.
| ||||||
18 | (a) Whenever the Department receives a report of HIV | ||||||
19 | infection or AIDS
pursuant to this Act and the Department | ||||||
20 | determines that the subject of the
report may present or may | ||||||
21 | have presented a possible risk of HIV
transmission, the | ||||||
22 | Department shall, when medically appropriate, investigate
the | ||||||
23 | subject of the report and that person's contacts as defined in
| ||||||
24 | subsection (c), to assess the potential risks of transmission. |
| |||||||
| |||||||
1 | Any
investigation and action shall be conducted in a timely | ||||||
2 | fashion. All
contacts other than those defined in subsection | ||||||
3 | (c) shall be investigated
in accordance with Section 5 of this | ||||||
4 | Act.
| ||||||
5 | (b) If the Department determines that there is or may have | ||||||
6 | been
potential risks of HIV transmission from the subject of | ||||||
7 | the report to other
persons, the Department shall afford the | ||||||
8 | subject the opportunity to submit
any information and comment | ||||||
9 | on proposed actions the Department intends to
take with respect | ||||||
10 | to the subject's contacts who are at potential risk of
| ||||||
11 | transmission of HIV prior to notification of the subject's | ||||||
12 | contacts. The
Department shall also afford the subject of the | ||||||
13 | report the opportunity to
notify the subject's contacts in a | ||||||
14 | timely fashion who are at potential risk
of transmission of HIV | ||||||
15 | prior to the Department taking any steps to notify
such | ||||||
16 | contacts. If the subject declines to notify such contacts or if | ||||||
17 | the
Department determines the notices to be inadequate or | ||||||
18 | incomplete, the
Department shall endeavor to notify such other | ||||||
19 | persons of the potential
risk, and offer testing and counseling | ||||||
20 | services to these individuals. When
the contacts are notified, | ||||||
21 | they shall be informed of the disclosure
provisions of the AIDS | ||||||
22 | Confidentiality Act and the penalties therein and
this Section.
| ||||||
23 | (c) Contacts investigated under this Section shall in the | ||||||
24 | case of HIV
infection include (i) individuals who have | ||||||
25 | undergone invasive procedures
performed by an HIV infected | ||||||
26 | health care provider and (ii)
health care providers who have |
| |||||||
| |||||||
1 | performed invasive procedures for persons
infected with HIV, | ||||||
2 | provided the Department has determined that there is or
may | ||||||
3 | have been potential risk of HIV transmission from the health | ||||||
4 | care
provider to those individuals or from infected persons to | ||||||
5 | health care
providers. The Department shall have access to the | ||||||
6 | subject's records to
review for the identity of contacts. The | ||||||
7 | subject's records shall not be
copied or seized by the | ||||||
8 | Department.
| ||||||
9 | For purposes of this subsection, the term "invasive | ||||||
10 | procedures" means
those procedures termed invasive by the | ||||||
11 | Centers for Disease Control in
current guidelines or | ||||||
12 | recommendations for the prevention of HIV
transmission in | ||||||
13 | health care settings, and the term "health care provider"
means | ||||||
14 | any physician, dentist, podiatrist, advanced practice nurse, | ||||||
15 | physician assistant, nurse, or other person providing
health | ||||||
16 | care services of any kind.
| ||||||
17 | (d) All information and records held by the Department and | ||||||
18 | local health
authorities pertaining to activities conducted | ||||||
19 | pursuant to this Section
shall be strictly confidential and | ||||||
20 | exempt from copying and inspection under
the Freedom of | ||||||
21 | Information Act. Such information and records shall not be
| ||||||
22 | released or made public by the Department or local health | ||||||
23 | authorities, and
shall not be admissible as evidence, nor | ||||||
24 | discoverable in any action of any
kind in any court or before | ||||||
25 | any tribunal, board, agency or person and shall
be treated in | ||||||
26 | the same manner as the information and those records subject
to |
| |||||||
| |||||||
1 | the provisions of Part 21 of the Code of Civil Procedure except | ||||||
2 | under
the following circumstances:
| ||||||
3 | (1) When made with the written consent of all persons | ||||||
4 | to whom this
information pertains;
| ||||||
5 | (2) When authorized under Section 8 to be released | ||||||
6 | under court order
or subpoena pursuant to Section 12-5.01 | ||||||
7 | or 12-16.2 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 ; or
| ||||||
9 | (3) When made by the Department for the purpose of | ||||||
10 | seeking a warrant
authorized by Sections 6 and 7 of this | ||||||
11 | Act. Such disclosure shall conform
to the requirements of | ||||||
12 | subsection (a) of Section 8 of this Act.
| ||||||
13 | (e) Any person who knowingly or maliciously disseminates | ||||||
14 | any
information or report concerning the existence of any | ||||||
15 | disease under this
Section is guilty of a Class A misdemeanor.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
17 | Section 540. The Environmental Protection Act is amended by | ||||||
18 | changing Sections 2, 22.2, and 44 as follows:
| ||||||
19 | (415 ILCS 5/2) (from Ch. 111 1/2, par. 1002)
| ||||||
20 | Sec. 2. (a) The General Assembly finds:
| ||||||
21 | (i) that environmental damage seriously endangers the | ||||||
22 | public health and
welfare, as more specifically described in | ||||||
23 | later sections of this Act;
| ||||||
24 | (ii) that because environmental damage does not respect |
| |||||||
| |||||||
1 | political
boundaries, it is necessary to establish a unified | ||||||
2 | state-wide program for
environmental protection and to | ||||||
3 | cooperate fully with other States and with
the United States in | ||||||
4 | protecting the environment;
| ||||||
5 | (iii) that air, water, and other resource pollution, public | ||||||
6 | water
supply, solid waste disposal, noise, and other | ||||||
7 | environmental problems are
closely interrelated and must be | ||||||
8 | dealt with as a unified whole in order to
safeguard the | ||||||
9 | environment;
| ||||||
10 | (iv) that it is the obligation of the State Government to | ||||||
11 | manage its own
activities so as to minimize environmental | ||||||
12 | damage; to encourage and assist
local governments to adopt and | ||||||
13 | implement environmental-protection programs
consistent with | ||||||
14 | this Act; to promote the development of technology for
| ||||||
15 | environmental protection and conservation of natural | ||||||
16 | resources; and in
appropriate cases to afford financial | ||||||
17 | assistance in preventing
environmental damage;
| ||||||
18 | (v) that in order to alleviate the burden on enforcement | ||||||
19 | agencies, to
assure that all interests are given a full | ||||||
20 | hearing, and to increase public
participation in the task of | ||||||
21 | protecting the environment, private as well as
governmental | ||||||
22 | remedies must be provided;
| ||||||
23 | (vi) that despite the existing laws and regulations | ||||||
24 | concerning environmental
damage there exist continuing | ||||||
25 | destruction and damage to the environment
and harm to the | ||||||
26 | public health, safety and welfare of the people of this
State, |
| |||||||
| |||||||
1 | and that among the most significant sources of this | ||||||
2 | destruction,
damage, and harm are the improper and unsafe | ||||||
3 | transportation, treatment,
storage, disposal, and dumping of | ||||||
4 | hazardous wastes;
| ||||||
5 | (vii) that it is necessary to supplement and strengthen | ||||||
6 | existing criminal
sanctions regarding environmental damage, by | ||||||
7 | enacting specific penalties
for injury to public health and | ||||||
8 | welfare and the environment.
| ||||||
9 | (b) It is the purpose of this Act, as more specifically | ||||||
10 | described in
later sections, to establish a unified, state-wide | ||||||
11 | program supplemented by
private remedies, to restore, protect | ||||||
12 | and enhance the quality of the
environment, and to assure that | ||||||
13 | adverse effects upon the environment are
fully considered and | ||||||
14 | borne by those who cause them.
| ||||||
15 | (c) The terms and provisions of this Act shall be liberally | ||||||
16 | construed
so as to effectuate the purposes of this Act as set | ||||||
17 | forth in subsection
(b) of this Section, but to the extent that | ||||||
18 | this Act prescribes criminal
penalties, it shall be construed | ||||||
19 | in accordance with the " Criminal Code of
2012 1961", as | ||||||
20 | amended .
| ||||||
21 | (Source: P.A. 83-1101.)
| ||||||
22 | (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| ||||||
23 | Sec. 22.2. Hazardous waste; fees; liability.
| ||||||
24 | (a) There are hereby created within the State Treasury 2
| ||||||
25 | special funds to be known respectively as the "Hazardous Waste |
| |||||||
| |||||||
1 | Fund" and
the "Hazardous Waste Research Fund", constituted from | ||||||
2 | the fees collected
pursuant to this Section.
In addition to the | ||||||
3 | fees collected under this Section, the Hazardous Waste
Fund | ||||||
4 | shall include other moneys made available from any source for | ||||||
5 | deposit into
the Fund.
| ||||||
6 | (b)(1) On and after January 1, 1989, the Agency shall | ||||||
7 | collect from the
owner or operator of each of the following | ||||||
8 | sites a fee in the amount of:
| ||||||
9 | (A) 9 cents per gallon or $18.18 per cubic yard, if | ||||||
10 | the
hazardous waste disposal site is located off the | ||||||
11 | site where such waste was
produced. The maximum amount | ||||||
12 | payable under this subdivision (A) with respect
to the | ||||||
13 | hazardous waste generated by a single generator and | ||||||
14 | deposited in
monofills is $30,000 per year. If, as a | ||||||
15 | result of the use of multiple monofills, waste
fees in | ||||||
16 | excess of the maximum are assessed with respect to a | ||||||
17 | single waste
generator, the generator may apply to the | ||||||
18 | Agency for a credit.
| ||||||
19 | (B) 9 cents or $18.18 per cubic yard, if the | ||||||
20 | hazardous waste
disposal site is located on the site | ||||||
21 | where such waste was produced,
provided however the | ||||||
22 | maximum amount of fees payable under this paragraph
(B) | ||||||
23 | is $30,000 per year for each such hazardous waste | ||||||
24 | disposal site.
| ||||||
25 | (C) If the hazardous waste disposal site is an | ||||||
26 | underground injection
well, $6,000 per year if not more |
| |||||||
| |||||||
1 | than 10,000,000 gallons per year are
injected, $15,000 | ||||||
2 | per year if more than 10,000,000 gallons but not more | ||||||
3 | than
50,000,000 gallons per year are injected, and | ||||||
4 | $27,000 per year if more than
50,000,000 gallons per | ||||||
5 | year are injected.
| ||||||
6 | (D) 3 cents per gallon or
$6.06 per cubic yard of | ||||||
7 | hazardous waste received
for treatment at a hazardous | ||||||
8 | waste treatment site, if the hazardous waste
treatment | ||||||
9 | site is located off the site where such waste was | ||||||
10 | produced and
if such hazardous waste treatment site is | ||||||
11 | owned, controlled and operated
by a person other than | ||||||
12 | the generator of such waste.
After treatment at such | ||||||
13 | hazardous waste treatment site, the waste shall
not be | ||||||
14 | subject to any other fee imposed by this subsection | ||||||
15 | (b). For purposes
of this subsection (b), the term | ||||||
16 | "treatment" is defined as in Section
3.505 but shall | ||||||
17 | not include recycling, reclamation or reuse.
| ||||||
18 | (2) The General Assembly shall annually appropriate to | ||||||
19 | the Fund such
amounts as it deems necessary to fulfill the | ||||||
20 | purposes of this Act.
| ||||||
21 | (3) The Agency shall have the authority to accept, | ||||||
22 | receive, and
administer on behalf of the State any moneys | ||||||
23 | made available to the State from
any source for the | ||||||
24 | purposes of the Hazardous Waste Fund set forth in | ||||||
25 | subsection
(d) of this Section.
| ||||||
26 | (4) Of the amount collected as fees provided for in |
| |||||||
| |||||||
1 | this Section, the
Agency shall manage the use of such funds | ||||||
2 | to assure that sufficient funds
are available for match | ||||||
3 | towards federal expenditures for response action at
sites | ||||||
4 | which are listed on the National Priorities List; provided, | ||||||
5 | however,
that this shall not apply to additional monies | ||||||
6 | appropriated to the Fund by
the General Assembly, nor shall | ||||||
7 | it apply in the event that the Director
finds that revenues | ||||||
8 | in the Hazardous Waste Fund must be used to address
| ||||||
9 | conditions which create or may create an immediate danger | ||||||
10 | to the
environment or public health or to the welfare of | ||||||
11 | the people of the State
of Illinois.
| ||||||
12 | (5) Notwithstanding the other provisions of this
| ||||||
13 | subsection (b), sludge from a publicly-owned sewage works | ||||||
14 | generated
in Illinois, coal mining wastes and refuse | ||||||
15 | generated in Illinois, bottom
boiler ash, flyash and flue | ||||||
16 | gas desulphurization sludge from public
utility electric | ||||||
17 | generating facilities located in Illinois, and bottom
| ||||||
18 | boiler ash and flyash from all incinerators which process | ||||||
19 | solely
municipal waste shall not be subject to the fee.
| ||||||
20 | (6) For the purposes of this subsection (b), "monofill" | ||||||
21 | means a
facility, or a unit at a facility, that accepts | ||||||
22 | only wastes bearing the
same USEPA hazardous waste | ||||||
23 | identification number, or compatible wastes as
determined | ||||||
24 | by the Agency.
| ||||||
25 | (c) The Agency shall establish procedures, not later than | ||||||
26 | January 1,
1984, relating to the collection of the fees |
| |||||||
| |||||||
1 | authorized by this Section.
Such procedures shall include, but | ||||||
2 | not be limited to: (1) necessary records
identifying the | ||||||
3 | quantities of hazardous waste received or disposed; (2) the
| ||||||
4 | form and submission of reports to accompany the payment of fees | ||||||
5 | to the
Agency; and (3) the time and manner of payment of fees | ||||||
6 | to the Agency,
which payments shall be not more often than | ||||||
7 | quarterly.
| ||||||
8 | (d) Beginning July 1, 1996, the Agency shall deposit all | ||||||
9 | such receipts in the State Treasury to the credit of the
| ||||||
10 | Hazardous Waste Fund, except as provided in subsection (e) of | ||||||
11 | this Section.
All monies in the Hazardous Waste Fund shall be | ||||||
12 | used by the Agency for the following purposes:
| ||||||
13 | (1) Taking whatever preventive or corrective
action is | ||||||
14 | necessary or appropriate, in circumstances certified by | ||||||
15 | the
Director, including but not limited to removal or | ||||||
16 | remedial
action whenever there is a release or substantial | ||||||
17 | threat of a release of
a hazardous substance or pesticide; | ||||||
18 | provided, the Agency shall
expend no more than $1,000,000 | ||||||
19 | on any single incident without appropriation
by the General | ||||||
20 | Assembly.
| ||||||
21 | (2) To meet any requirements which must be met by the | ||||||
22 | State in order
to obtain federal funds pursuant to the | ||||||
23 | Comprehensive Environmental Response,
Compensation and | ||||||
24 | Liability Act of 1980, (P.L. 96-510).
| ||||||
25 | (3) In an amount up to 30% of the amount collected as | ||||||
26 | fees provided
for in this Section, for use by the Agency to |
| |||||||
| |||||||
1 | conduct
groundwater protection activities, including | ||||||
2 | providing grants to appropriate
units of local government | ||||||
3 | which are addressing protection of underground waters
| ||||||
4 | pursuant to the provisions of this Act.
| ||||||
5 | (4) To fund the development and implementation of the | ||||||
6 | model pesticide
collection program under Section 19.1 of | ||||||
7 | the Illinois Pesticide Act.
| ||||||
8 | (5) To the extent the Agency has received and deposited | ||||||
9 | monies in the
Fund other than fees collected under | ||||||
10 | subsection (b) of this Section, to pay for
the cost of | ||||||
11 | Agency employees for
services provided in reviewing the | ||||||
12 | performance of response actions pursuant to
Title XVII of | ||||||
13 | this Act.
| ||||||
14 | (6) In an amount up to 15% of the fees collected | ||||||
15 | annually
under subsection (b) of this Section, for use by | ||||||
16 | the Agency
for administration of the provisions of this | ||||||
17 | Section.
| ||||||
18 | (e) The Agency shall deposit 10% of all receipts collected | ||||||
19 | under subsection
(b) of this Section, but not to exceed | ||||||
20 | $200,000 per year, in the State
Treasury to the credit of the | ||||||
21 | Hazardous Waste Research Fund established by this
Act. Pursuant | ||||||
22 | to appropriation, all monies in such Fund shall be used by the | ||||||
23 | University of Illinois
for the purposes set forth in
this | ||||||
24 | subsection.
| ||||||
25 | The University of Illinois may enter into contracts with | ||||||
26 | business,
industrial, university, governmental or other |
| |||||||
| |||||||
1 | qualified individuals or
organizations to assist in the | ||||||
2 | research and development intended to recycle,
reduce the volume | ||||||
3 | of, separate, detoxify or reduce the hazardous properties of
| ||||||
4 | hazardous wastes in Illinois. Monies in the Fund may also be | ||||||
5 | used by the University of Illinois
for technical studies, | ||||||
6 | monitoring activities,
and educational and research activities | ||||||
7 | which are related to the protection of
underground waters. | ||||||
8 | Monies in the Hazardous Waste Research Fund may be used to
| ||||||
9 | administer the Illinois Health and Hazardous Substances | ||||||
10 | Registry Act. Monies
in the Hazardous Waste Research Fund shall | ||||||
11 | not be used for any sanitary
landfill or the acquisition or | ||||||
12 | construction of any facility. This does not
preclude the | ||||||
13 | purchase of equipment for the purpose of public demonstration
| ||||||
14 | projects. The University of Illinois shall adopt guidelines for | ||||||
15 | cost
sharing, selecting, and administering projects under this | ||||||
16 | subsection.
| ||||||
17 | (f) Notwithstanding any other provision or rule of law, and | ||||||
18 | subject
only to the defenses set forth in subsection (j) of | ||||||
19 | this Section, the
following persons shall be liable for all | ||||||
20 | costs of removal or remedial
action incurred by the State of | ||||||
21 | Illinois or any unit of local
government as a result of a | ||||||
22 | release or substantial threat of a release of
a hazardous | ||||||
23 | substance or pesticide:
| ||||||
24 | (1) the owner and operator of a facility or vessel from | ||||||
25 | which there is
a release or substantial threat of release | ||||||
26 | of a hazardous substance or
pesticide;
|
| |||||||
| |||||||
1 | (2) any person who at the time of disposal, transport, | ||||||
2 | storage or
treatment of a hazardous substance or pesticide | ||||||
3 | owned or operated the
facility or vessel used for such | ||||||
4 | disposal, transport, treatment or storage
from which there | ||||||
5 | was a release or substantial threat of a release of any
| ||||||
6 | such hazardous substance or pesticide;
| ||||||
7 | (3) any person who by contract, agreement, or otherwise | ||||||
8 | has arranged with
another party or entity for transport, | ||||||
9 | storage, disposal or treatment of
hazardous substances or | ||||||
10 | pesticides owned, controlled or possessed by such
person at | ||||||
11 | a facility owned or operated by another party or entity | ||||||
12 | from
which facility there is a release or substantial | ||||||
13 | threat of a release of
such hazardous substances or | ||||||
14 | pesticides; and
| ||||||
15 | (4) any person who accepts or accepted any hazardous | ||||||
16 | substances or
pesticides for transport to disposal, | ||||||
17 | storage or treatment facilities or
sites from which there | ||||||
18 | is a release or a substantial threat of a release of
a | ||||||
19 | hazardous substance or pesticide.
| ||||||
20 | Any monies received by the State of Illinois pursuant to | ||||||
21 | this
subsection (f) shall be deposited in the State Treasury to | ||||||
22 | the credit
of the Hazardous Waste Fund.
| ||||||
23 | In accordance with the other provisions of this Section, | ||||||
24 | costs of
removal or remedial action incurred by a unit of local | ||||||
25 | government may be
recovered in an action before the Board | ||||||
26 | brought by the unit of local
government under subsection (i) of |
| |||||||
| |||||||
1 | this Section. Any monies so recovered
shall be paid to the unit | ||||||
2 | of local government.
| ||||||
3 | (g)(1) No indemnification, hold harmless, or similar | ||||||
4 | agreement or conveyance
shall be effective to transfer from | ||||||
5 | the owner or operator of any vessel
or facility or from any | ||||||
6 | person who may be liable for a release or
substantial | ||||||
7 | threat of a release under this Section, to any other person | ||||||
8 | the
liability imposed under this Section. Nothing in this | ||||||
9 | Section shall bar
any agreement to insure, hold harmless or | ||||||
10 | indemnify a party to such
agreements for any liability | ||||||
11 | under this Section.
| ||||||
12 | (2) Nothing in this Section, including the provisions | ||||||
13 | of paragraph (g)(1)
of this Section, shall bar a cause of | ||||||
14 | action that an owner or operator or
any other person | ||||||
15 | subject to liability under this Section, or a guarantor,
| ||||||
16 | has or would have, by reason of subrogation or otherwise | ||||||
17 | against any person.
| ||||||
18 | (h) For purposes of this Section:
| ||||||
19 | (1) The term "facility" means:
| ||||||
20 | (A) any building, structure, installation, | ||||||
21 | equipment, pipe or pipeline
including but not limited | ||||||
22 | to any pipe into a sewer or publicly owned
treatment | ||||||
23 | works, well, pit, pond, lagoon, impoundment, ditch, | ||||||
24 | landfill,
storage container, motor vehicle, rolling | ||||||
25 | stock, or aircraft; or
| ||||||
26 | (B) any site or area where a hazardous substance |
| |||||||
| |||||||
1 | has been deposited,
stored, disposed of, placed, or | ||||||
2 | otherwise come to be located.
| ||||||
3 | (2) The term "owner or operator" means:
| ||||||
4 | (A) any person owning or operating a vessel or | ||||||
5 | facility;
| ||||||
6 | (B) in the case of an abandoned facility, any | ||||||
7 | person owning or operating
the abandoned facility or | ||||||
8 | any person who owned, operated, or otherwise
| ||||||
9 | controlled activities at the abandoned facility | ||||||
10 | immediately prior to such
abandonment;
| ||||||
11 | (C) in the case of a land trust as defined in | ||||||
12 | Section 2 of the Land
Trustee as Creditor Act, the | ||||||
13 | person owning the beneficial interest in the land
| ||||||
14 | trust;
| ||||||
15 | (D) in the case of a fiduciary (other than a land | ||||||
16 | trustee), the estate,
trust estate, or other interest | ||||||
17 | in property held in a fiduciary capacity,
and not the | ||||||
18 | fiduciary. For the purposes of this Section, | ||||||
19 | "fiduciary" means
a trustee, executor, administrator, | ||||||
20 | guardian, receiver, conservator or other
person | ||||||
21 | holding a facility or vessel in a fiduciary capacity;
| ||||||
22 | (E) in the case of a "financial institution", | ||||||
23 | meaning the Illinois
Housing Development Authority and | ||||||
24 | that term as defined in Section 2 of the
Illinois | ||||||
25 | Banking Act, that has acquired ownership, operation, | ||||||
26 | management,
or control of a vessel or facility through |
| |||||||
| |||||||
1 | foreclosure or under the terms
of a security interest | ||||||
2 | held by the financial institution or under the terms
of | ||||||
3 | an extension of credit made by the financial | ||||||
4 | institution, the financial
institution only if the | ||||||
5 | financial institution takes possession of the
vessel | ||||||
6 | or facility and the financial institution exercises | ||||||
7 | actual, direct,
and continual or recurrent managerial | ||||||
8 | control in the operation of the
vessel or facility that | ||||||
9 | causes a release or substantial threat of a release
of | ||||||
10 | a hazardous substance or pesticide resulting in | ||||||
11 | removal or remedial
action;
| ||||||
12 | (F) In the case of an owner of residential | ||||||
13 | property, the owner if the
owner is a person other than | ||||||
14 | an individual, or if the owner is an individual
who | ||||||
15 | owns more than 10 dwelling units in Illinois, or if the | ||||||
16 | owner, or an agent,
representative, contractor, or | ||||||
17 | employee of the owner, has caused, contributed
to, or | ||||||
18 | allowed the release or threatened release of a | ||||||
19 | hazardous substance or
pesticide. The term | ||||||
20 | "residential property" means single family residences | ||||||
21 | of
one to 4 dwelling units, including accessory land, | ||||||
22 | buildings, or improvements
incidental to those | ||||||
23 | dwellings that are exclusively used for the | ||||||
24 | residential
use. For purposes of this subparagraph | ||||||
25 | (F), the term "individual" means a
natural person, and | ||||||
26 | shall not include corporations, partnerships, trusts, |
| |||||||
| |||||||
1 | or
other non-natural persons.
| ||||||
2 | (G) In the case of any facility, title or control | ||||||
3 | of which was
conveyed due to bankruptcy, foreclosure, | ||||||
4 | tax delinquency, abandonment, or
similar means
to a | ||||||
5 | unit of State or local government, any person who | ||||||
6 | owned, operated, or
otherwise controlled activities at | ||||||
7 | the facility immediately beforehand.
| ||||||
8 | (H) The term "owner or operator" does not include a | ||||||
9 | unit of State or
local government which acquired | ||||||
10 | ownership or control through bankruptcy, tax
| ||||||
11 | delinquency, abandonment, or other circumstances in | ||||||
12 | which the government
acquires title by virtue of its | ||||||
13 | function as sovereign. The exclusion provided
under | ||||||
14 | this paragraph shall not apply to any State or local | ||||||
15 | government which has
caused or contributed to the | ||||||
16 | release or threatened release of a hazardous
substance | ||||||
17 | from the facility, and such a State or local government | ||||||
18 | shall be
subject to the provisions of this Act in the | ||||||
19 | same manner and to the same
extent, both procedurally | ||||||
20 | and substantively, as any nongovernmental entity,
| ||||||
21 | including liability under Section 22.2(f).
| ||||||
22 | (i) The costs and damages provided for in this Section may | ||||||
23 | be imposed by
the Board in an action brought before the Board | ||||||
24 | in accordance with Title
VIII of this Act, except that Section | ||||||
25 | 33(c) of this Act shall not apply to
any such action.
| ||||||
26 | (j)(1) There shall be no liability under this Section for a |
| |||||||
| |||||||
1 | person
otherwise liable who can establish by a preponderance of | ||||||
2 | the evidence that
the release or substantial threat of release | ||||||
3 | of a hazardous substance and
the damages resulting therefrom | ||||||
4 | were caused solely by:
| ||||||
5 | (A) an act of God;
| ||||||
6 | (B) an act of war;
| ||||||
7 | (C) an act or omission of a third party other than an | ||||||
8 | employee or agent
of the defendant, or other than one whose | ||||||
9 | act or omission occurs in
connection with a contractual | ||||||
10 | relationship, existing directly or
indirectly, with the | ||||||
11 | defendant (except where the sole contractual
arrangement | ||||||
12 | arises from a published tariff and acceptance for carriage | ||||||
13 | by a
common carrier by rail), if the defendant establishes | ||||||
14 | by a preponderance of
the evidence that (i) he exercised | ||||||
15 | due care with respect to the hazardous
substance concerned, | ||||||
16 | taking into consideration the characteristics of such
| ||||||
17 | hazardous substance, in light of all relevant facts and | ||||||
18 | circumstances, and
(ii) he took precautions against | ||||||
19 | foreseeable acts or omissions of any such
third party and | ||||||
20 | the consequences that could foreseeably result from such
| ||||||
21 | acts or omissions; or
| ||||||
22 | (D) any combination of the foregoing paragraphs.
| ||||||
23 | (2) There shall be no liability under this Section for any | ||||||
24 | release
permitted by State or federal law.
| ||||||
25 | (3) There shall be no liability under this Section for | ||||||
26 | damages as a result
of actions taken or omitted in the course |
| |||||||
| |||||||
1 | of rendering care, assistance,
or advice in accordance with | ||||||
2 | this Section or the National Contingency Plan
pursuant to the | ||||||
3 | Comprehensive Environmental Response, Compensation and
| ||||||
4 | Liability Act of 1980 (P.L. 96-510) or at the direction of an
| ||||||
5 | on-scene coordinator appointed under such plan, with respect to | ||||||
6 | an incident
creating a danger to public health or welfare or | ||||||
7 | the environment as a result
of any release of a hazardous | ||||||
8 | substance or a substantial threat thereof. This
subsection | ||||||
9 | shall not preclude liability for damages as the result of gross
| ||||||
10 | negligence or intentional misconduct on the part of such | ||||||
11 | person. For the
purposes of the preceding sentence, reckless, | ||||||
12 | willful, or wanton misconduct
shall constitute gross | ||||||
13 | negligence.
| ||||||
14 | (4) There shall be no liability under this Section for any | ||||||
15 | person
(including, but not limited to, an owner of residential | ||||||
16 | property who applies a
pesticide to the residential property or | ||||||
17 | who has another person apply a
pesticide to the residential | ||||||
18 | property) for response costs or damages as the
result of the | ||||||
19 | storage, handling and use, or recommendation for storage,
| ||||||
20 | handling and use, of a pesticide consistent with:
| ||||||
21 | (A) its directions for storage, handling and use as | ||||||
22 | stated in its
label or labeling;
| ||||||
23 | (B) its warnings and cautions as stated in its label or | ||||||
24 | labeling; and
| ||||||
25 | (C) the uses for which it is registered under the | ||||||
26 | Federal Insecticide,
Fungicide and Rodenticide Act and the |
| |||||||
| |||||||
1 | Illinois Pesticide Act.
| ||||||
2 | (4.5) There shall be no liability under subdivision (f)(1) | ||||||
3 | of this Section
for response costs or damages as the result of | ||||||
4 | a release
of a pesticide from an agrichemical facility site if
| ||||||
5 | the Agency has received notice from the Department of | ||||||
6 | Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | ||||||
7 | Act, the owner or operator of the
agrichemical facility is | ||||||
8 | proceeding with a corrective action plan under the
Agrichemical | ||||||
9 | Facility Response Action Program implemented under that | ||||||
10 | Section,
and the Agency
has provided a written endorsement of a | ||||||
11 | corrective action plan.
| ||||||
12 | (4.6) There shall be no liability under subdivision (f)(1) | ||||||
13 | of this
Section for response costs or damages as the result of | ||||||
14 | a substantial threat of
a release of a pesticide from an | ||||||
15 | agrichemical facility site if
the Agency has received notice | ||||||
16 | from the Department of Agriculture pursuant to
Section 19.3 of | ||||||
17 | the Illinois Pesticide Act and the owner or operator of the
| ||||||
18 | agrichemical facility is proceeding with a corrective action | ||||||
19 | plan under the
Agrichemical Facility Response Action Program | ||||||
20 | implemented under that
Section.
| ||||||
21 | (5) Nothing in this subsection (j) shall affect or modify | ||||||
22 | in any way the
obligations or liability of any person under any | ||||||
23 | other provision of this
Act or State or federal law, including | ||||||
24 | common law, for damages, injury,
or loss resulting from a | ||||||
25 | release or substantial threat of a release of any
hazardous | ||||||
26 | substance or for removal or remedial action or the costs of |
| |||||||
| |||||||
1 | removal
or remedial action of such hazardous substance.
| ||||||
2 | (6)(A) The term "contractual relationship", for the | ||||||
3 | purpose of this
subsection includes, but is not limited to, | ||||||
4 | land contracts, deeds or other
instruments transferring title | ||||||
5 | or possession, unless the real property on
which the facility | ||||||
6 | concerned is located was acquired by the defendant after
the | ||||||
7 | disposal or placement of the hazardous substance on, in, or at | ||||||
8 | the
facility, and one or more of the circumstances described in | ||||||
9 | clause (i),
(ii), or (iii) of this paragraph is also | ||||||
10 | established by the defendant by a
preponderance of the | ||||||
11 | evidence:
| ||||||
12 | (i) At the time the defendant acquired the facility the | ||||||
13 | defendant did
not know and had no reason to know that any | ||||||
14 | hazardous substance which is
the subject of the release or | ||||||
15 | threatened release was disposed of on, in or
at the | ||||||
16 | facility.
| ||||||
17 | (ii) The defendant is a government entity which | ||||||
18 | acquired the facility by
escheat, or through any other | ||||||
19 | involuntary transfer or acquisition, or
through the | ||||||
20 | exercise of eminent domain authority by purchase or | ||||||
21 | condemnation.
| ||||||
22 | (iii) The defendant acquired the facility by | ||||||
23 | inheritance or bequest.
| ||||||
24 | In addition to establishing the foregoing, the defendant | ||||||
25 | must establish
that he has satisfied the requirements of | ||||||
26 | subparagraph (C) of paragraph (l)
of this subsection (j).
|
| |||||||
| |||||||
1 | (B) To establish the defendant had no reason to know, as | ||||||
2 | provided in
clause (i) of subparagraph (A) of this paragraph, | ||||||
3 | the defendant must have
undertaken, at the time of acquisition, | ||||||
4 | all appropriate inquiry into the
previous ownership and uses of | ||||||
5 | the property consistent with good commercial
or customary | ||||||
6 | practice in an effort to minimize liability. For purposes of
| ||||||
7 | the preceding sentence, the court shall take into account any | ||||||
8 | specialized
knowledge or experience on the part of the | ||||||
9 | defendant, the relationship of
the purchase price to the value | ||||||
10 | of the property if uncontaminated, commonly
known or reasonably | ||||||
11 | ascertainable information about the property, the
obviousness | ||||||
12 | of the presence or likely presence of contamination at the
| ||||||
13 | property, and the ability to detect such contamination by | ||||||
14 | appropriate
inspection.
| ||||||
15 | (C) Nothing in this paragraph (6) or in subparagraph (C) of | ||||||
16 | paragraph
(1) of this subsection shall diminish the liability | ||||||
17 | of any previous owner
or operator of such facility who would | ||||||
18 | otherwise be liable under this Act.
Notwithstanding this | ||||||
19 | paragraph (6), if the defendant obtained actual
knowledge of | ||||||
20 | the release or threatened release of a hazardous substance at
| ||||||
21 | such facility when the defendant owned the real property and | ||||||
22 | then
subsequently transferred ownership of the property to | ||||||
23 | another person
without disclosing such knowledge, such | ||||||
24 | defendant shall be treated as
liable under subsection (f) of | ||||||
25 | this Section and no defense under
subparagraph (C) of paragraph | ||||||
26 | (1) of this subsection shall be available
to such defendant.
|
| |||||||
| |||||||
1 | (D) Nothing in this paragraph (6) shall affect the | ||||||
2 | liability under this
Act of a defendant who, by any act or | ||||||
3 | omission, caused or contributed to
the release or threatened | ||||||
4 | release of a hazardous substance which is the
subject of the | ||||||
5 | action relating to the facility.
| ||||||
6 | (E)(i) Except as provided in clause (ii) of this | ||||||
7 | subparagraph (E), a
defendant who has acquired real property | ||||||
8 | shall have established a rebuttable
presumption against all | ||||||
9 | State claims and a conclusive presumption against all
private | ||||||
10 | party claims that the defendant has made all appropriate | ||||||
11 | inquiry within
the meaning of subdivision (6)(B) of this | ||||||
12 | subsection (j) if the defendant
proves that immediately prior | ||||||
13 | to or at the time of the acquisition:
| ||||||
14 | (I) the defendant obtained a Phase I Environmental | ||||||
15 | Audit of the real
property that meets or exceeds the | ||||||
16 | requirements of this subparagraph (E), and
the Phase I | ||||||
17 | Environmental Audit did not disclose the presence or likely
| ||||||
18 | presence of a release or a substantial threat of a release | ||||||
19 | of a hazardous
substance or pesticide at, on, to, or from | ||||||
20 | the real property; or
| ||||||
21 | (II) the defendant obtained a Phase II Environmental | ||||||
22 | Audit of the real
property that meets or exceeds the | ||||||
23 | requirements of this subparagraph (E), and
the Phase II | ||||||
24 | Environmental Audit did not disclose the presence or likely
| ||||||
25 | presence of a release or a substantial threat of a release | ||||||
26 | of a hazardous
substance or pesticide at, on, to, or from |
| |||||||
| |||||||
1 | the real property.
| ||||||
2 | (ii) No presumption shall be created under clause (i) of | ||||||
3 | this subparagraph
(E), and a defendant shall be precluded from | ||||||
4 | demonstrating that the defendant
has made all appropriate | ||||||
5 | inquiry within the meaning of subdivision (6)(B) of
this | ||||||
6 | subsection (j), if:
| ||||||
7 | (I) the defendant fails to obtain all Environmental | ||||||
8 | Audits required under
this subparagraph (E) or any such | ||||||
9 | Environmental Audit fails to meet or exceed
the | ||||||
10 | requirements of this subparagraph (E);
| ||||||
11 | (II) a Phase I Environmental Audit discloses the | ||||||
12 | presence or likely
presence of a release or a substantial | ||||||
13 | threat of a release of a hazardous
substance or pesticide | ||||||
14 | at, on, to, or from real property, and the defendant
fails | ||||||
15 | to obtain a Phase II Environmental Audit;
| ||||||
16 | (III) a Phase II Environmental Audit discloses the | ||||||
17 | presence or likely
presence of a release or a substantial | ||||||
18 | threat of a release of a hazardous
substance or pesticide | ||||||
19 | at, on, to, or from the real property;
| ||||||
20 | (IV) the defendant fails to maintain a written | ||||||
21 | compilation and explanatory
summary report of the | ||||||
22 | information reviewed in the course of each Environmental
| ||||||
23 | Audit under this subparagraph (E); or
| ||||||
24 | (V) there is any evidence of fraud, material | ||||||
25 | concealment, or material
misrepresentation by the | ||||||
26 | defendant of environmental conditions or of related
|
| |||||||
| |||||||
1 | information discovered during the course of an | ||||||
2 | Environmental Audit.
| ||||||
3 | (iii) For purposes of this subparagraph (E), the term | ||||||
4 | "environmental
professional" means an individual (other than a | ||||||
5 | practicing attorney) who,
through academic training, | ||||||
6 | occupational experience, and reputation (such as
engineers, | ||||||
7 | industrial hygienists, or geologists) can objectively conduct | ||||||
8 | one or
more aspects of an Environmental Audit and who either:
| ||||||
9 | (I) maintains at the time of the Environmental Audit | ||||||
10 | and for at least one
year thereafter at least $500,000 of | ||||||
11 | environmental consultants' professional
liability | ||||||
12 | insurance coverage issued by an insurance company licensed | ||||||
13 | to do
business in Illinois; or
| ||||||
14 | (II) is an Illinois licensed professional engineer or | ||||||
15 | an Illinois licensed
industrial hygienist.
| ||||||
16 | An environmental professional may employ persons who are | ||||||
17 | not environmental
professionals to assist in the preparation of | ||||||
18 | an Environmental Audit if such
persons are under the direct | ||||||
19 | supervision and control of the environmental
professional.
| ||||||
20 | (iv) For purposes of this subparagraph (E), the term "real | ||||||
21 | property"
means any interest in any parcel of land, and | ||||||
22 | includes, but is not limited to,
buildings, fixtures, and
| ||||||
23 | improvements.
| ||||||
24 | (v) For purposes of this subparagraph (E), the term "Phase | ||||||
25 | I Environmental
Audit" means an investigation of real property, | ||||||
26 | conducted by environmental
professionals, to discover the |
| |||||||
| |||||||
1 | presence or likely presence of a release or a
substantial | ||||||
2 | threat of a release of a hazardous substance or pesticide at, | ||||||
3 | on,
to, or from real property, and whether a release or a | ||||||
4 | substantial threat of
a release of a hazardous substance or | ||||||
5 | pesticide has occurred or may occur at,
on, to, or from the | ||||||
6 | real property. Until such time as the United
States | ||||||
7 | Environmental Protection Agency establishes
standards for | ||||||
8 | making appropriate inquiry into the previous
ownership and uses | ||||||
9 | of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | ||||||
10 | investigation shall comply with the
procedures of the American | ||||||
11 | Society for Testing and
Materials, including the document known | ||||||
12 | as Standard
E1527-97, entitled "Standard Procedures for | ||||||
13 | Environmental
Site Assessment: Phase 1 Environmental Site | ||||||
14 | Assessment
Process". Upon their adoption, the standards | ||||||
15 | promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | ||||||
16 | shall
govern the performance of Phase I Environmental Audits. | ||||||
17 | In
addition to the above requirements, the Phase I
| ||||||
18 | Environmental Audit shall include a review of recorded land
| ||||||
19 | title records for the purpose of determining whether the real
| ||||||
20 | property is subject to an environmental land use restriction
| ||||||
21 | such as a No Further Remediation Letter, Environmental
Land Use | ||||||
22 | Control, or Highway Authority Agreement.
| ||||||
23 | (vi) For purposes of subparagraph (E), the term "Phase II | ||||||
24 | Environmental
Audit" means an investigation of real property, | ||||||
25 | conducted by environmental
professionals, subsequent to a | ||||||
26 | Phase I Environmental Audit. If the Phase I
Environmental Audit |
| |||||||
| |||||||
1 | discloses the presence or likely presence of a hazardous
| ||||||
2 | substance or a pesticide or a release or a substantial threat | ||||||
3 | of a release of
a hazardous substance or pesticide:
| ||||||
4 | (I) In or to soil, the defendant, as part of the Phase | ||||||
5 | II Environmental
Audit, shall perform a series of soil | ||||||
6 | borings sufficient to determine whether
there is a presence | ||||||
7 | or likely presence of a hazardous substance or pesticide
| ||||||
8 | and whether there is or has been a release or a substantial | ||||||
9 | threat of a release
of a hazardous substance or pesticide | ||||||
10 | at, on, to, or from the real property.
| ||||||
11 | (II) In or to groundwater, the defendant, as part of | ||||||
12 | the Phase II
Environmental Audit, shall: review | ||||||
13 | information regarding local geology, water
well locations, | ||||||
14 | and locations of waters of the State as may be obtained | ||||||
15 | from
State, federal, and local government records, | ||||||
16 | including but not limited to the
United States Geological | ||||||
17 | Survey, the State Geological Survey of the University of | ||||||
18 | Illinois, and the State Water
Survey of the University of | ||||||
19 | Illinois; and
perform groundwater monitoring sufficient to | ||||||
20 | determine whether there is a
presence or likely presence of | ||||||
21 | a hazardous substance or pesticide, and whether
there is or | ||||||
22 | has been a release or a substantial threat of a release of | ||||||
23 | a
hazardous substance or pesticide at, on, to, or from the | ||||||
24 | real property.
| ||||||
25 | (III) On or to media other than soil or groundwater, | ||||||
26 | the defendant, as
part of the Phase II Environmental Audit, |
| |||||||
| |||||||
1 | shall perform an investigation
sufficient to determine | ||||||
2 | whether there is a presence or likely presence of a
| ||||||
3 | hazardous substance or pesticide, and whether there is or | ||||||
4 | has been a release or
a substantial threat of a release of | ||||||
5 | a hazardous substance or pesticide at, on,
to, or from the | ||||||
6 | real property.
| ||||||
7 | (vii) The findings of each Environmental Audit prepared | ||||||
8 | under this
subparagraph (E) shall be set forth in a written | ||||||
9 | audit report. Each audit
report shall contain an affirmation by | ||||||
10 | the defendant and by each environmental
professional who | ||||||
11 | prepared the Environmental Audit that the facts stated in the
| ||||||
12 | report are true and are made under a penalty of perjury as | ||||||
13 | defined in Section
32-2 of the Criminal Code of 2012 1961 . It | ||||||
14 | is perjury for any person to sign an
audit report that contains | ||||||
15 | a false material statement that the person does not
believe to | ||||||
16 | be true.
| ||||||
17 | (viii) The Agency is not required to review, approve, or | ||||||
18 | certify the results
of any Environmental Audit. The performance | ||||||
19 | of an Environmental Audit shall in
no way entitle a defendant | ||||||
20 | to a presumption of Agency approval or certification
of the | ||||||
21 | results of the Environmental Audit.
| ||||||
22 | The presence or absence of a disclosure document prepared | ||||||
23 | under the
Responsible Property Transfer Act of 1988 shall not | ||||||
24 | be a defense under this
Act and shall not satisfy the | ||||||
25 | requirements of subdivision (6)(A) of this
subsection (j).
| ||||||
26 | (7) No person shall be liable under this Section for |
| |||||||
| |||||||
1 | response costs
or damages as the result of a pesticide release | ||||||
2 | if the Agency has found
that a pesticide release occurred based | ||||||
3 | on a Health Advisory issued by the
U.S. Environmental | ||||||
4 | Protection Agency or an action level developed by the
Agency, | ||||||
5 | unless the Agency notified the manufacturer of the pesticide | ||||||
6 | and
provided an opportunity of not less than 30 days for the | ||||||
7 | manufacturer to
comment on the technical and scientific | ||||||
8 | justification supporting the Health
Advisory or action level.
| ||||||
9 | (8) No person shall be liable under this Section for | ||||||
10 | response costs or
damages as the result of a pesticide release | ||||||
11 | that occurs in the course of a
farm pesticide collection | ||||||
12 | program operated under Section 19.1 of the
Illinois Pesticide | ||||||
13 | Act, unless the release results from gross negligence or
| ||||||
14 | intentional misconduct.
| ||||||
15 | (k) If any person who is liable for a release or | ||||||
16 | substantial threat of
release of a hazardous substance or | ||||||
17 | pesticide fails without sufficient
cause to provide removal or | ||||||
18 | remedial action upon or in accordance with a
notice and request | ||||||
19 | by the Agency or upon or in accordance with any order of
the | ||||||
20 | Board or any court, such person may be liable to the State for | ||||||
21 | punitive
damages in an amount at least equal to, and not more | ||||||
22 | than 3 times, the
amount of any costs incurred by the State of | ||||||
23 | Illinois as a result of such
failure to take such removal or | ||||||
24 | remedial action. The punitive damages
imposed by the Board | ||||||
25 | shall be in addition to any costs recovered from such
person | ||||||
26 | pursuant to this Section and in addition to any other penalty |
| |||||||
| |||||||
1 | or
relief provided by this Act or any other law.
| ||||||
2 | Any monies received by the State pursuant to this | ||||||
3 | subsection (k) shall
be deposited in the Hazardous Waste Fund.
| ||||||
4 | (l) Beginning January 1, 1988, and prior to January 1, | ||||||
5 | 2013, the Agency shall annually collect a $250
fee for each | ||||||
6 | Special Waste Hauling Permit Application and, in addition,
| ||||||
7 | shall collect a fee of $20 for each waste hauling vehicle | ||||||
8 | identified in the
annual permit application and for each | ||||||
9 | vehicle which is added to the permit
during the annual period. | ||||||
10 | Beginning January 1, 2013, the Agency shall issue 3-year | ||||||
11 | Special Waste Hauling Permits instead of annual Special Waste | ||||||
12 | Hauling Permits and shall collect a $750 fee for each Special | ||||||
13 | Waste Hauling Permit Application. In addition, beginning | ||||||
14 | January 1, 2013, the Agency shall collect a fee of $60 for each | ||||||
15 | waste hauling vehicle identified in the permit application and | ||||||
16 | for each vehicle that is added to the permit during the 3-year | ||||||
17 | period. The Agency shall deposit 85% of such fees
collected | ||||||
18 | under this subsection in the State Treasury to the credit of
| ||||||
19 | the Hazardous Waste Research Fund; and shall deposit the | ||||||
20 | remaining 15% of
such fees collected in the State Treasury to | ||||||
21 | the credit of the
Environmental Protection Permit and | ||||||
22 | Inspection Fund. The majority of such
receipts which are | ||||||
23 | deposited in the Hazardous Waste Research Fund pursuant
to this | ||||||
24 | subsection shall be used by the University of Illinois for
| ||||||
25 | activities which relate to the protection of underground | ||||||
26 | waters.
|
| |||||||
| |||||||
1 | (l-5) (Blank).
| ||||||
2 | (m) (Blank).
| ||||||
3 | (n) (Blank).
| ||||||
4 | (Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12.)
| ||||||
5 | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| ||||||
6 | Sec. 44. Criminal acts; penalties.
| ||||||
7 | (a) Except as otherwise provided in this Section, it shall | ||||||
8 | be
a Class A misdemeanor to violate this Act or
regulations | ||||||
9 | thereunder, or any permit or term or condition thereof, or
| ||||||
10 | knowingly to submit any false information under this Act or | ||||||
11 | regulations
adopted thereunder, or under any permit or term or | ||||||
12 | condition thereof.
A court may, in addition to any other | ||||||
13 | penalty herein imposed, order a person
convicted of any | ||||||
14 | violation of this Act to perform
community service for not less | ||||||
15 | than 100 hours and not more than 300 hours if
community service | ||||||
16 | is available in the jurisdiction.
It shall be the duty of all | ||||||
17 | State and local law-enforcement officers to
enforce such Act | ||||||
18 | and regulations, and all such officers shall have
authority to | ||||||
19 | issue citations for such violations.
| ||||||
20 | (b) Calculated Criminal Disposal of Hazardous Waste.
| ||||||
21 | (1) A person commits the offense of Calculated Criminal | ||||||
22 | Disposal of
Hazardous Waste when, without lawful | ||||||
23 | justification, he knowingly disposes
of hazardous waste | ||||||
24 | while knowing that he thereby places another
person in |
| |||||||
| |||||||
1 | danger of great bodily harm or creates an immediate or | ||||||
2 | long-term
danger to the public health or the environment.
| ||||||
3 | (2) Calculated Criminal Disposal of Hazardous Waste is | ||||||
4 | a Class 2 felony.
In addition to any other penalties | ||||||
5 | prescribed by law, a person convicted
of the offense of | ||||||
6 | Calculated Criminal Disposal of Hazardous Waste is subject
| ||||||
7 | to a fine not to exceed $500,000 for each day of such | ||||||
8 | offense.
| ||||||
9 | (c) Criminal Disposal of Hazardous Waste.
| ||||||
10 | (1) A person commits the offense of Criminal Disposal | ||||||
11 | of Hazardous Waste
when, without lawful justification, he | ||||||
12 | knowingly disposes of hazardous waste.
| ||||||
13 | (2) Criminal Disposal of Hazardous Waste is a Class 3 | ||||||
14 | felony. In addition
to any other penalties prescribed by | ||||||
15 | law, a person convicted of the offense
of Criminal Disposal | ||||||
16 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
17 | $250,000 for each day of such offense.
| ||||||
18 | (d) Unauthorized Use of Hazardous Waste.
| ||||||
19 | (1) A person commits the offense of Unauthorized Use of | ||||||
20 | Hazardous Waste
when he, being required to have a permit, | ||||||
21 | registration, or license under
this Act or any
other law | ||||||
22 | regulating the treatment, transportation, or storage of | ||||||
23 | hazardous
waste, knowingly:
| ||||||
24 | (A) treats, transports, or stores any hazardous |
| |||||||
| |||||||
1 | waste without such
permit, registration, or license;
| ||||||
2 | (B) treats, transports, or stores any hazardous | ||||||
3 | waste in violation of
the terms and conditions of such | ||||||
4 | permit or license;
| ||||||
5 | (C) transports any hazardous waste to a facility | ||||||
6 | which does not have a
permit or license required under | ||||||
7 | this Act; or
| ||||||
8 | (D) transports by vehicle any hazardous waste | ||||||
9 | without having in
each vehicle credentials issued to | ||||||
10 | the transporter by the transporter's base
state | ||||||
11 | pursuant to procedures established under the Uniform | ||||||
12 | Program.
| ||||||
13 | (2) A person who is convicted of a violation of | ||||||
14 | subparagraph (A), (B), or (C) of paragraph (1) of this | ||||||
15 | subsection is guilty of a Class 4 felony. A person who
is | ||||||
16 | convicted of a violation of subparagraph (D) of paragraph | ||||||
17 | (1) of this subsection is guilty of a Class A
misdemeanor. | ||||||
18 | In addition to any other penalties prescribed by law, a | ||||||
19 | person
convicted of violating subparagraph (A), (B), or (C) | ||||||
20 | of paragraph (1) of this subsection is subject to
a fine | ||||||
21 | not to exceed $100,000 for each day of such violation, and | ||||||
22 | a
person who is convicted of violating subparagraph (D) of | ||||||
23 | paragraph (1) of this subsection is subject to a
fine not | ||||||
24 | to exceed $1,000.
| ||||||
25 | (e) Unlawful Delivery of Hazardous Waste.
|
| |||||||
| |||||||
1 | (1) Except as authorized by this Act or the federal | ||||||
2 | Resource
Conservation and Recovery Act, and the | ||||||
3 | regulations promulgated thereunder,
it is unlawful for any | ||||||
4 | person to knowingly deliver hazardous waste.
| ||||||
5 | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||||||
6 | felony. In
addition to any other penalties prescribed by | ||||||
7 | law, a person convicted of
the offense of Unlawful Delivery | ||||||
8 | of Hazardous Waste is subject to a fine
not to exceed | ||||||
9 | $250,000 for each such violation.
| ||||||
10 | (3) For purposes of this Section, "deliver" or | ||||||
11 | "delivery" means the
actual, constructive, or attempted | ||||||
12 | transfer of possession of hazardous
waste, with or without | ||||||
13 | consideration, whether or not there is an agency
| ||||||
14 | relationship.
| ||||||
15 | (f) Reckless Disposal of Hazardous Waste.
| ||||||
16 | (1) A person commits Reckless Disposal of Hazardous | ||||||
17 | Waste if he disposes
of hazardous waste, and his acts which | ||||||
18 | cause the hazardous waste to be disposed
of, whether or not | ||||||
19 | those acts are undertaken pursuant to or under color
of any | ||||||
20 | permit or license, are performed with a conscious disregard | ||||||
21 | of a
substantial and unjustifiable risk that such disposing | ||||||
22 | of
hazardous waste is a gross deviation from the standard | ||||||
23 | of care which a
reasonable person would exercise in the | ||||||
24 | situation.
| ||||||
25 | (2) Reckless Disposal of Hazardous Waste is a Class 4 |
| |||||||
| |||||||
1 | felony. In addition
to any other penalties prescribed by | ||||||
2 | law, a person convicted of the offense
of Reckless Disposal | ||||||
3 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
4 | $50,000 for each day of such offense.
| ||||||
5 | (g) Concealment of Criminal Disposal of Hazardous Waste.
| ||||||
6 | (1) A person commits the offense of Concealment of | ||||||
7 | Criminal Disposal
of Hazardous Waste when he conceals, | ||||||
8 | without lawful justification, the disposal
of hazardous | ||||||
9 | waste with the knowledge that such hazardous waste has been
| ||||||
10 | disposed of in violation of this Act.
| ||||||
11 | (2) Concealment of Criminal Disposal of a Hazardous | ||||||
12 | Waste is a Class
4 felony. In addition to any other | ||||||
13 | penalties prescribed by law, a person
convicted of the | ||||||
14 | offense of Concealment of Criminal Disposal of Hazardous
| ||||||
15 | Waste is subject to a fine not to exceed $50,000 for each | ||||||
16 | day of such offense.
| ||||||
17 | (h) Violations; False Statements.
| ||||||
18 | (1) Any person who knowingly makes a false material | ||||||
19 | statement in an
application for a permit or license | ||||||
20 | required by this Act to treat, transport,
store, or dispose | ||||||
21 | of hazardous waste commits the offense of perjury and
shall | ||||||
22 | be subject to the penalties set forth in Section 32-2 of | ||||||
23 | the Criminal
Code of 2012 1961 .
| ||||||
24 | (2) Any person who knowingly makes a false material |
| |||||||
| |||||||
1 | statement or
representation in any label, manifest, | ||||||
2 | record, report, permit or license,
or other document filed, | ||||||
3 | maintained, or used for the purpose of compliance
with this | ||||||
4 | Act in connection with the generation, disposal, | ||||||
5 | treatment,
storage, or transportation of hazardous waste | ||||||
6 | commits a Class 4 felony. A
second or any subsequent | ||||||
7 | offense after conviction hereunder is a Class 3
felony.
| ||||||
8 | (3) Any person who knowingly destroys, alters, or | ||||||
9 | conceals any record
required to be made by this Act in | ||||||
10 | connection with the disposal, treatment,
storage, or | ||||||
11 | transportation of hazardous waste commits a Class 4 felony.
| ||||||
12 | A second or any subsequent offense after a conviction | ||||||
13 | hereunder is a
Class 3 felony.
| ||||||
14 | (4) Any person who knowingly makes a false material | ||||||
15 | statement or
representation in any application, bill, | ||||||
16 | invoice, or other document filed,
maintained, or used for | ||||||
17 | the purpose of receiving money from the Underground
Storage | ||||||
18 | Tank Fund commits a Class 4 felony. A second or any | ||||||
19 | subsequent
offense after conviction hereunder is a Class 3 | ||||||
20 | felony.
| ||||||
21 | (5) Any person who knowingly destroys, alters, or | ||||||
22 | conceals any record
required to be made or maintained by | ||||||
23 | this Act or required to be made or
maintained by Board or | ||||||
24 | Agency rules for the purpose of receiving money from
the | ||||||
25 | Underground Storage Tank Fund commits a Class 4 felony. A | ||||||
26 | second or any
subsequent offense after a conviction |
| |||||||
| |||||||
1 | hereunder is a Class 3 felony.
| ||||||
2 | (6) A person who knowingly and falsely certifies under | ||||||
3 | Section 22.48
that an industrial process waste or pollution | ||||||
4 | control waste is not special
waste commits a Class 4 felony | ||||||
5 | for a first offense and commits a Class 3 felony
for a | ||||||
6 | second or subsequent offense.
| ||||||
7 | (7) In addition to any other penalties prescribed by | ||||||
8 | law, a person
convicted of violating this subsection (h) is | ||||||
9 | subject to a fine not to
exceed $50,000 for each day of | ||||||
10 | such violation.
| ||||||
11 | (8) Any person who knowingly makes a false, fictitious, | ||||||
12 | or fraudulent material statement, orally or in writing, to | ||||||
13 | the Agency, or to a unit of local government to which the | ||||||
14 | Agency has delegated authority under subsection (r) of | ||||||
15 | Section 4 of this Act, related to or required by this Act, | ||||||
16 | a regulation adopted under this Act, any federal law or | ||||||
17 | regulation for which the Agency has responsibility, or any | ||||||
18 | permit, term, or condition thereof, commits a Class 4 | ||||||
19 | felony, and each such statement or writing shall be | ||||||
20 | considered a separate Class 4 felony. A person who, after | ||||||
21 | being convicted under this paragraph (8), violates this | ||||||
22 | paragraph (8) a second or subsequent time, commits a Class | ||||||
23 | 3 felony.
| ||||||
24 | (i) Verification.
| ||||||
25 | (1) Each application for a permit or license to dispose
|
| |||||||
| |||||||
1 | of, transport, treat, store, or generate hazardous waste | ||||||
2 | under this Act
shall contain an affirmation that the facts | ||||||
3 | are true and are made under
penalty of perjury as defined | ||||||
4 | in Section 32-2 of the Criminal Code of 2012 1961 .
It is | ||||||
5 | perjury for a person to sign any such application for a | ||||||
6 | permit or
license which contains a false material | ||||||
7 | statement, which he does not believe
to be true.
| ||||||
8 | (2) Each request for money from the Underground Storage | ||||||
9 | Tank Fund
shall contain an affirmation that the facts are | ||||||
10 | true and are made under
penalty of perjury as defined in | ||||||
11 | Section 32-2 of the Criminal Code of 2012 1961 .
It is | ||||||
12 | perjury for a person to sign any request that contains a | ||||||
13 | false
material statement that he does not believe to be | ||||||
14 | true.
| ||||||
15 | (j) Violations of Other Provisions.
| ||||||
16 | (1) It is unlawful for a person knowingly to violate:
| ||||||
17 | (A) subsection (f) of Section 12 of this Act;
| ||||||
18 | (B) subsection (g) of Section 12 of this Act;
| ||||||
19 | (C) any term or condition of any Underground | ||||||
20 | Injection Control (UIC)
permit;
| ||||||
21 | (D) any filing requirement, regulation, or order | ||||||
22 | relating to the State
Underground Injection Control | ||||||
23 | (UIC) program;
| ||||||
24 | (E) any provision of any regulation, standard, or | ||||||
25 | filing requirement
under subsection (b) of Section 13 |
| |||||||
| |||||||
1 | of this Act;
| ||||||
2 | (F) any provision of any regulation, standard, or | ||||||
3 | filing requirement
under subsection (b) of Section 39 | ||||||
4 | of this Act;
| ||||||
5 | (G) any National Pollutant Discharge Elimination | ||||||
6 | System (NPDES) permit
issued under this Act or any term | ||||||
7 | or condition of such permit;
| ||||||
8 | (H) subsection (h) of Section 12 of this Act;
| ||||||
9 | (I) subsection 6 of Section 39.5 of this Act;
| ||||||
10 | (J) any provision of any regulation, standard or | ||||||
11 | filing requirement
under Section 39.5 of this Act;
| ||||||
12 | (K) a provision of the Procedures for Asbestos | ||||||
13 | Emission Control in
subsection (c) of
Section 61.145 of | ||||||
14 | Title 40 of the Code of Federal Regulations; or | ||||||
15 | (L) the standard for waste disposal for | ||||||
16 | manufacturing, fabricating, demolition, renovation, | ||||||
17 | and spraying operations in Section 61.150 of Title 40 | ||||||
18 | of the Code of Federal Regulations.
| ||||||
19 | (2) A person convicted of a violation of subdivision | ||||||
20 | (1) of this
subsection commits a Class 4 felony, and in | ||||||
21 | addition to any other penalty
prescribed by law is subject | ||||||
22 | to a fine not to exceed $25,000 for each day
of such | ||||||
23 | violation.
| ||||||
24 | (3) A person who negligently violates the following | ||||||
25 | shall be subject
to a fine not to exceed $10,000 for each | ||||||
26 | day of such violation:
|
| |||||||
| |||||||
1 | (A) subsection (f) of Section 12 of this Act;
| ||||||
2 | (B) subsection (g) of Section 12 of this Act;
| ||||||
3 | (C) any provision of any regulation, standard, or | ||||||
4 | filing requirement
under subsection (b) of Section 13 | ||||||
5 | of this Act;
| ||||||
6 | (D) any provision of any regulation, standard, or | ||||||
7 | filing requirement
under subsection (b) of Section 39 | ||||||
8 | of this Act;
| ||||||
9 | (E) any National Pollutant Discharge Elimination | ||||||
10 | System (NPDES) permit
issued under this Act;
| ||||||
11 | (F) subsection 6 of Section 39.5 of this Act; or
| ||||||
12 | (G) any provision of any regulation, standard, or | ||||||
13 | filing requirement
under Section 39.5 of this Act.
| ||||||
14 | (4) It is unlawful for a person knowingly to:
| ||||||
15 | (A) make any false statement, representation, or | ||||||
16 | certification
in an application form, or form | ||||||
17 | pertaining to, a National Pollutant Discharge
| ||||||
18 | Elimination System (NPDES) permit;
| ||||||
19 | (B) render inaccurate any monitoring device or | ||||||
20 | record required by the
Agency or Board in connection | ||||||
21 | with any such permit or with any discharge
which is | ||||||
22 | subject to the provisions of subsection (f) of Section | ||||||
23 | 12 of this
Act;
| ||||||
24 | (C) make any false statement, representation, or | ||||||
25 | certification in any
form, notice, or report | ||||||
26 | pertaining to a CAAPP permit under Section 39.5 of this
|
| |||||||
| |||||||
1 | Act;
| ||||||
2 | (D) render inaccurate any monitoring device or | ||||||
3 | record required by
the Agency or Board in connection | ||||||
4 | with any CAAPP permit or with any
emission which is | ||||||
5 | subject to the provisions of Section 39.5 of this Act; | ||||||
6 | or
| ||||||
7 | (E) violate subsection 6 of Section 39.5 of this | ||||||
8 | Act or any CAAPP
permit, or term or condition thereof, | ||||||
9 | or any fee or filing requirement.
| ||||||
10 | (5) A person convicted of a violation of paragraph (4) | ||||||
11 | of this
subsection commits a Class A misdemeanor, and in | ||||||
12 | addition to any other
penalties provided by law is subject | ||||||
13 | to a fine not to exceed $10,000 for
each day of violation.
| ||||||
14 | (k) Criminal operation of a hazardous waste or PCB | ||||||
15 | incinerator.
| ||||||
16 | (1) A person commits the offense of criminal operation | ||||||
17 | of a hazardous
waste or PCB incinerator when, in the course | ||||||
18 | of operating a hazardous waste
or PCB incinerator, he | ||||||
19 | knowingly and without justification operates
the | ||||||
20 | incinerator (i) without an Agency permit, or in knowing | ||||||
21 | violation of
the terms of an Agency permit, and (ii) as a | ||||||
22 | result of such violation,
knowingly places any person in | ||||||
23 | danger of great bodily harm or knowingly
creates an | ||||||
24 | immediate or long term material danger to the public health | ||||||
25 | or
the environment.
|
| |||||||
| |||||||
1 | (2) Any person who commits the offense of criminal | ||||||
2 | operation of a
hazardous waste or PCB incinerator for the | ||||||
3 | first time commits a Class 4
felony and, in addition to any | ||||||
4 | other penalties prescribed by law, shall be
subject to a | ||||||
5 | fine not to exceed $100,000 for each day of the offense.
| ||||||
6 | Any person who commits the offense of criminal | ||||||
7 | operation of a hazardous
waste or PCB incinerator for a | ||||||
8 | second or subsequent time commits a Class 3
felony and, in | ||||||
9 | addition to any other penalties prescribed by law, shall be
| ||||||
10 | subject to a fine not to exceed $250,000 for each day of | ||||||
11 | the offense.
| ||||||
12 | (3) For the purpose of this subsection (k), the term | ||||||
13 | "hazardous waste
or PCB incinerator" means a pollution | ||||||
14 | control facility at which
either hazardous waste or PCBs, | ||||||
15 | or both, are incinerated. "PCBs" means any
substance or | ||||||
16 | mixture of substances that contains one or more
| ||||||
17 | polychlorinated biphenyls in detectable amounts.
| ||||||
18 | (l) It shall be the duty of all State and local law | ||||||
19 | enforcement officers
to enforce this Act and the regulations | ||||||
20 | adopted hereunder, and all such
officers shall have authority | ||||||
21 | to issue citations for such violations.
| ||||||
22 | (m) Any action brought under this Section shall be brought | ||||||
23 | by the
State's Attorney of the county in which the violation | ||||||
24 | occurred, or by the
Attorney General, and shall be conducted in |
| |||||||
| |||||||
1 | accordance with the applicable
provisions of the Code of | ||||||
2 | Criminal Procedure of 1963.
| ||||||
3 | (n) For an offense described in this Section, the period | ||||||
4 | for
commencing prosecution prescribed by the statute of | ||||||
5 | limitations shall not
begin to run until the offense is | ||||||
6 | discovered by or reported to a State or
local agency having the | ||||||
7 | authority to investigate violations of this Act.
| ||||||
8 | (o) In addition to any other penalties provided under this
| ||||||
9 | Act, if a person is convicted of (or agrees to a settlement in | ||||||
10 | an enforcement
action over) illegal dumping of waste on the | ||||||
11 | person's own property, the
Attorney General, the Agency, or | ||||||
12 | local prosecuting authority shall file notice
of the | ||||||
13 | conviction, finding, or agreement in the office of the Recorder | ||||||
14 | in the
county in which the landowner lives.
| ||||||
15 | (p) Criminal Disposal of Waste.
| ||||||
16 | (1) A person commits the offense of Criminal Disposal | ||||||
17 | of Waste when he or
she:
| ||||||
18 | (A) if required to have a permit under subsection | ||||||
19 | (d)
of Section 21 of this Act, knowingly conducts a | ||||||
20 | waste-storage, waste-treatment,
or
waste-disposal | ||||||
21 | operation in a quantity that exceeds 250 cubic feet of | ||||||
22 | waste
without a permit; or
| ||||||
23 | (B) knowingly conducts open dumping of waste in |
| |||||||
| |||||||
1 | violation of subsection
(a) of
Section 21 of this Act.
| ||||||
2 | (2) (A) A person who is convicted of a violation of | ||||||
3 | subparagraph (A) of
paragraph (1) of this subsection is | ||||||
4 | guilty of a Class 4 felony for a first
offense
and, in
| ||||||
5 | addition to any other penalties provided by law, is subject | ||||||
6 | to a fine not to
exceed $25,000 for each day of violation.
| ||||||
7 | A person who is convicted of a violation of subparagraph | ||||||
8 | (A) of paragraph (1) of this
subsection is guilty of a | ||||||
9 | Class 3 felony for a second or subsequent offense
and, in | ||||||
10 | addition to any other penalties provided by law, is subject | ||||||
11 | to a fine
not to exceed $50,000 for each day of violation.
| ||||||
12 | (B) A person who is convicted of a
violation of | ||||||
13 | subparagraph (B) of paragraph
(1) of this subsection is | ||||||
14 | guilty of a Class A misdemeanor.
However, a person who | ||||||
15 | is convicted of a violation of subparagraph
(B) of
| ||||||
16 | paragraph (1) of this
subsection for the open dumping | ||||||
17 | of waste in a quantity that exceeds 250 cubic
feet or | ||||||
18 | that exceeds 50 waste tires is guilty of a Class 4 | ||||||
19 | felony
and, in
addition to any other penalties provided | ||||||
20 | by law, is subject to a fine not to
exceed $25,000 for | ||||||
21 | each day of violation.
| ||||||
22 | (q) Criminal Damage to a Public Water Supply. | ||||||
23 | (1) A person commits the offense of Criminal Damage to | ||||||
24 | a Public Water Supply when, without lawful justification, | ||||||
25 | he knowingly alters, damages, or otherwise tampers with the |
| |||||||
| |||||||
1 | equipment or property of a public water supply, or | ||||||
2 | knowingly introduces a contaminant into the distribution | ||||||
3 | system of a public water supply so as to cause, threaten, | ||||||
4 | or allow the distribution of water from any public water | ||||||
5 | supply of such quality or quantity as to be injurious to | ||||||
6 | human health or the environment. | ||||||
7 | (2) Criminal Damage to a Public Water Supply is a Class | ||||||
8 | 4 felony. In addition to any other penalties prescribed by | ||||||
9 | law, a person convicted of the offense of Criminal Damage | ||||||
10 | to a Public Water Supply is subject to a fine not to exceed | ||||||
11 | $250,000 for each day of such offense. | ||||||
12 | (r) Aggravated Criminal Damage to a Public Water Supply. | ||||||
13 | (1) A person commits the offense of Aggravated Criminal | ||||||
14 | Damage to a Public Water Supply when, without lawful | ||||||
15 | justification, he commits Criminal Damage to a Public Water | ||||||
16 | Supply while knowing that he thereby places another person | ||||||
17 | in danger of serious illness or great bodily harm, or | ||||||
18 | creates an immediate or long-term danger to public health | ||||||
19 | or the environment. | ||||||
20 | (2) Aggravated Criminal Damage to a Public Water Supply | ||||||
21 | is a Class 2 felony. In addition to any other penalties | ||||||
22 | prescribed by law, a person convicted of the offense of | ||||||
23 | Aggravated Criminal Damage to a Public Water Supply is | ||||||
24 | subject to a fine not to exceed $500,000 for each day of | ||||||
25 | such offense. |
| |||||||
| |||||||
1 | (Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | ||||||
2 | 97-286, eff. 8-10-11; 97-813, eff. 7-13-12.)
| ||||||
3 | Section 545. The Firearm Owners Identification Card Act is | ||||||
4 | amended by changing Sections 1, 1.1, 3.1, 3.2, and 10 as | ||||||
5 | follows:
| ||||||
6 | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| ||||||
7 | Sec. 1. It is hereby declared as a matter of legislative | ||||||
8 | determination that
in order to promote and protect the health, | ||||||
9 | safety and welfare of the
public, it is necessary and in the | ||||||
10 | public interest to provide a system of
identifying persons who | ||||||
11 | are not qualified to acquire or possess firearms, firearm | ||||||
12 | ammunition, stun guns, and tasers within the State of Illinois | ||||||
13 | by the establishment of
a system of Firearm Owner's | ||||||
14 | Identification Cards, thereby establishing a
practical and | ||||||
15 | workable system by which law enforcement authorities will be
| ||||||
16 | afforded an opportunity to identify those persons who are | ||||||
17 | prohibited by
Section 24-3.1 of the " Criminal Code of 2012 | ||||||
18 | 1961", as amended , from
acquiring or possessing firearms and | ||||||
19 | firearm ammunition and who are prohibited by this Act from | ||||||
20 | acquiring stun guns and tasers.
| ||||||
21 | (Source: P.A. 94-6, eff. 1-1-06.)
| ||||||
22 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
23 | Sec. 1.1. For purposes of this Act:
|
| |||||||
| |||||||
1 | "Has been adjudicated as a mental defective" means the | ||||||
2 | person is the subject of a determination by a court, board, | ||||||
3 | commission or other lawful authority that a person, as a result | ||||||
4 | of marked subnormal intelligence, or mental illness, mental | ||||||
5 | impairment, incompetency, condition, or disease: | ||||||
6 | (1) is a danger to himself, herself, or to others; | ||||||
7 | (2) lacks the mental capacity to manage his or her own | ||||||
8 | affairs; | ||||||
9 | (3) is not guilty in a criminal case by reason of | ||||||
10 | insanity, mental disease or defect; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility pursuant to Articles 50a and 72b of the | ||||||
14 | Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
| ||||||
15 | "Counterfeit" means to copy or imitate, without legal | ||||||
16 | authority, with
intent
to deceive. | ||||||
17 | "Federally licensed firearm dealer" means a person who is | ||||||
18 | licensed as a federal firearms dealer under Section 923 of the | ||||||
19 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
20 | "Firearm" means any device, by
whatever name known, which | ||||||
21 | is designed to expel a projectile or projectiles
by the action | ||||||
22 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
23 | however:
| ||||||
24 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
25 | B-B gun which
expels a single globular projectile not | ||||||
26 | exceeding .18 inch in
diameter or which has a maximum |
| |||||||
| |||||||
1 | muzzle velocity of less than 700 feet
per second;
| ||||||
2 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
3 | B-B gun which expels breakable paint balls containing | ||||||
4 | washable marking colors;
| ||||||
5 | (2) any device used exclusively for signalling or | ||||||
6 | safety and required or
recommended by the United States | ||||||
7 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
8 | (3) any device used exclusively for the firing of stud | ||||||
9 | cartridges,
explosive rivets or similar industrial | ||||||
10 | ammunition; and
| ||||||
11 | (4) an antique firearm (other than a machine-gun) | ||||||
12 | which, although
designed as a weapon, the Department of | ||||||
13 | State Police finds by reason of
the date of its | ||||||
14 | manufacture, value, design, and other characteristics is
| ||||||
15 | primarily a collector's item and is not likely to be used | ||||||
16 | as a weapon.
| ||||||
17 | "Firearm ammunition" means any self-contained cartridge or | ||||||
18 | shotgun
shell, by whatever name known, which is designed to be | ||||||
19 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
20 | (1) any ammunition exclusively designed for use with a | ||||||
21 | device used
exclusively for signalling or safety and | ||||||
22 | required or recommended by the
United States Coast Guard or | ||||||
23 | the Interstate Commerce Commission; and
| ||||||
24 | (2) any ammunition designed exclusively for use with a | ||||||
25 | stud or rivet
driver or other similar industrial | ||||||
26 | ammunition. |
| |||||||
| |||||||
1 | "Gun show" means an event or function: | ||||||
2 | (1) at which the sale and transfer of firearms is the | ||||||
3 | regular and normal course of business and where 50 or more | ||||||
4 | firearms are displayed, offered, or exhibited for sale, | ||||||
5 | transfer, or exchange; or | ||||||
6 | (2) at which not less than 10 gun show vendors display, | ||||||
7 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
8 | firearms.
| ||||||
9 | "Gun show" includes the entire premises provided for an | ||||||
10 | event or function, including parking areas for the event or | ||||||
11 | function, that is sponsored to facilitate the purchase, sale, | ||||||
12 | transfer, or exchange of firearms as described in this Section.
| ||||||
13 | "Gun show" does not include training or safety classes, | ||||||
14 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
15 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
16 | banquets, raffles, or
any other event where the sale or | ||||||
17 | transfer of firearms is not the primary course of business. | ||||||
18 | "Gun show promoter" means a person who organizes or | ||||||
19 | operates a gun show. | ||||||
20 | "Gun show vendor" means a person who exhibits, sells, | ||||||
21 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
22 | show, regardless of whether the person arranges with a gun show | ||||||
23 | promoter for a fixed location from which to exhibit, sell, | ||||||
24 | offer for sale, transfer, or exchange any firearm. | ||||||
25 | "Sanctioned competitive shooting event" means a shooting | ||||||
26 | contest officially recognized by a national or state shooting |
| |||||||
| |||||||
1 | sport association, and includes any sight-in or practice | ||||||
2 | conducted in conjunction with the event.
| ||||||
3 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
4 | Section 24-1 of the Criminal Code of 2012 1961 . | ||||||
5 | (Source: P.A. 97-776, eff. 7-13-12.)
| ||||||
6 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
7 | Sec. 3.1. Dial up system. | ||||||
8 | (a) The Department of State Police shall provide
a dial up | ||||||
9 | telephone system or utilize other existing technology which | ||||||
10 | shall be used by any federally licensed
firearm dealer, gun | ||||||
11 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
12 | stun gun, or taser under the provisions of this
Act. The | ||||||
13 | Department of State Police may utilize existing technology | ||||||
14 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
15 | Fees collected by the Department of
State Police shall be | ||||||
16 | deposited in the State Police Services Fund and used
to provide | ||||||
17 | the service.
| ||||||
18 | (b) Upon receiving a request from a federally licensed | ||||||
19 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
20 | Department of State Police shall immediately approve, or within | ||||||
21 | the time
period established by Section 24-3 of the Criminal | ||||||
22 | Code of 2012 1961 regarding
the delivery of firearms, stun | ||||||
23 | guns, and tasers notify the inquiring dealer, gun show | ||||||
24 | promoter, or gun show vendor of any objection that
would | ||||||
25 | disqualify the transferee from acquiring or possessing a |
| |||||||
| |||||||
1 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
2 | Department of State Police shall initiate and
complete an | ||||||
3 | automated search of its criminal history record information
| ||||||
4 | files and those of the Federal Bureau of Investigation, | ||||||
5 | including the
National Instant Criminal Background Check | ||||||
6 | System, and of the files of
the Department of Human Services | ||||||
7 | relating to mental health and
developmental disabilities to | ||||||
8 | obtain
any felony conviction or patient hospitalization | ||||||
9 | information which would
disqualify a person from obtaining or | ||||||
10 | require revocation of a currently
valid Firearm Owner's | ||||||
11 | Identification Card. | ||||||
12 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
13 | of the Criminal Code of 2012 1961 , federal law, or this Act the | ||||||
14 | Department of State Police shall: | ||||||
15 | (1) assign a unique identification number to the | ||||||
16 | transfer; and | ||||||
17 | (2) provide the licensee, gun show promoter, or gun | ||||||
18 | show vendor with the number. | ||||||
19 | (d) Approvals issued by the Department of State Police for | ||||||
20 | the purchase of a firearm are valid for 30 days from the date | ||||||
21 | of issue.
| ||||||
22 | (e) (1) The Department of State Police must act as the | ||||||
23 | Illinois Point of Contact
for the National Instant Criminal | ||||||
24 | Background Check System. | ||||||
25 | (2) The Department of State Police and the Department of | ||||||
26 | Human Services shall, in accordance with State and federal law |
| |||||||
| |||||||
1 | regarding confidentiality, enter into a memorandum of | ||||||
2 | understanding with the Federal Bureau of Investigation for the | ||||||
3 | purpose of implementing the National Instant Criminal | ||||||
4 | Background Check System in the State. The Department of State | ||||||
5 | Police shall report the name, date of birth, and physical | ||||||
6 | description of any person prohibited from possessing a firearm | ||||||
7 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
8 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
9 | Background Check System Index, Denied Persons Files.
| ||||||
10 | (f) The Department of State Police shall promulgate rules | ||||||
11 | not inconsistent with this Section to implement this
system.
| ||||||
12 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
13 | eff. 8-21-07; 95-564, eff. 6-1-08 .)
| ||||||
14 | (430 ILCS 65/3.2)
| ||||||
15 | Sec. 3.2. List of prohibited projectiles; notice to | ||||||
16 | dealers. Prior to
January 1,
2002, the Department of State | ||||||
17 | Police shall list on the Department's World Wide
Web site all | ||||||
18 | firearm projectiles that are prohibited under Sections 24-2.1,
| ||||||
19 | 24-2.2, and 24-3.2 of the Criminal Code of 2012 1961 , together | ||||||
20 | with a statement
setting forth the sentence that may be imposed | ||||||
21 | for violating those Sections.
The Department of State Police | ||||||
22 | shall, prior to January 1, 2002, send a list of
all firearm | ||||||
23 | projectiles that are prohibited under Sections 24-2.1, 24-2.2, | ||||||
24 | and
24-3.2 of the Criminal Code of 2012 1961 to each federally | ||||||
25 | licensed firearm dealer
in Illinois registered with the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
3 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
4 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
5 | prohibitions. | ||||||
6 | (a) Whenever an application for a Firearm Owner's | ||||||
7 | Identification
Card is denied, whenever the Department fails to | ||||||
8 | act on an application
within 30 days of its receipt, or | ||||||
9 | whenever such a Card is revoked or seized
as provided for in | ||||||
10 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
11 | Director of State Police for a hearing upon
such denial, | ||||||
12 | revocation or seizure, unless the denial, revocation, or | ||||||
13 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
14 | stalking, domestic
battery, any violation of the Illinois | ||||||
15 | Controlled Substances Act, the Methamphetamine Control and | ||||||
16 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
17 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
18 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012 , or any
adjudication as a delinquent minor for the | ||||||
20 | commission of an
offense that if committed by an adult would be | ||||||
21 | a felony, in which case the
aggrieved party may petition the | ||||||
22 | circuit court in writing in the county of
his or her residence | ||||||
23 | for a hearing upon such denial, revocation, or seizure.
| ||||||
24 | (b) At least 30 days before any hearing in the circuit | ||||||
25 | court, the
petitioner shall serve the
relevant State's Attorney |
| |||||||
| |||||||
1 | with a copy of the petition. The State's Attorney
may object to | ||||||
2 | the petition and present evidence. At the hearing the court
| ||||||
3 | shall
determine whether substantial justice has been done. | ||||||
4 | Should the court
determine that substantial justice has not | ||||||
5 | been done, the court shall issue an
order directing the | ||||||
6 | Department of State Police to issue a Card. However, the court | ||||||
7 | shall not issue the order if the petitioner is otherwise | ||||||
8 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
9 | federal law.
| ||||||
10 | (c) Any person prohibited from possessing a firearm under | ||||||
11 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 1961 or | ||||||
12 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
13 | of this Act may apply to
the Director
of State Police
or | ||||||
14 | petition the circuit court in the county where the petitioner | ||||||
15 | resides,
whichever is applicable in accordance with subsection | ||||||
16 | (a) of this Section,
requesting relief
from such prohibition | ||||||
17 | and the Director or court may grant such relief if it
is
| ||||||
18 | established by the applicant to the court's or Director's | ||||||
19 | satisfaction
that:
| ||||||
20 | (0.05) when in the circuit court, the State's Attorney | ||||||
21 | has been served
with a written
copy of the
petition at | ||||||
22 | least 30 days before any such hearing in the circuit court | ||||||
23 | and at
the hearing the
State's Attorney was afforded an | ||||||
24 | opportunity to present evidence and object to
the petition;
| ||||||
25 | (1) the applicant has not been convicted of a forcible | ||||||
26 | felony under the
laws of this State or any other |
| |||||||
| |||||||
1 | jurisdiction within 20 years of the
applicant's | ||||||
2 | application for a Firearm Owner's Identification Card, or | ||||||
3 | at
least 20 years have passed since the end of any period | ||||||
4 | of imprisonment
imposed in relation to that conviction;
| ||||||
5 | (2) the circumstances regarding a criminal conviction, | ||||||
6 | where applicable,
the applicant's criminal history and his | ||||||
7 | reputation are such that the applicant
will not be likely | ||||||
8 | to act in a manner dangerous to public safety;
| ||||||
9 | (3) granting relief would not be contrary to the public | ||||||
10 | interest; and | ||||||
11 | (4) granting relief would not be contrary to federal | ||||||
12 | law.
| ||||||
13 | (d) When a minor is adjudicated delinquent for an offense | ||||||
14 | which if
committed by an adult would be a felony, the court | ||||||
15 | shall notify the Department
of State Police.
| ||||||
16 | (e) The court shall review the denial of an application or | ||||||
17 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
18 | person who has been adjudicated
delinquent for an offense that | ||||||
19 | if
committed by an adult would be a felony if an
application | ||||||
20 | for relief has been filed at least 10 years after the | ||||||
21 | adjudication
of delinquency and the court determines that the | ||||||
22 | applicant should be
granted relief from disability to obtain a | ||||||
23 | Firearm Owner's Identification Card.
If the court grants | ||||||
24 | relief, the court shall notify the Department of State
Police | ||||||
25 | that the disability has
been removed and that the applicant is | ||||||
26 | eligible to obtain a Firearm Owner's
Identification Card.
|
| |||||||
| |||||||
1 | (f) Any person who is subject to the disabilities of 18 | ||||||
2 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
3 | of 1968 because of an adjudication or commitment that occurred | ||||||
4 | under the laws of this State or who was determined to be | ||||||
5 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
6 | Section 8 of this Act may apply to the Department of State | ||||||
7 | Police requesting relief from that prohibition. The Director | ||||||
8 | shall grant the relief if it is established by a preponderance | ||||||
9 | of the evidence that the person will not be likely to act in a | ||||||
10 | manner dangerous to public safety and that granting relief | ||||||
11 | would not be contrary to the public interest. In making this | ||||||
12 | determination, the Director shall receive evidence concerning | ||||||
13 | (i) the circumstances regarding the firearms disabilities from | ||||||
14 | which relief is sought; (ii) the petitioner's mental health and | ||||||
15 | criminal history records, if any; (iii) the petitioner's | ||||||
16 | reputation, developed at a minimum through character witness | ||||||
17 | statements, testimony, or other character evidence; and (iv) | ||||||
18 | changes in the petitioner's condition or circumstances since | ||||||
19 | the disqualifying events relevant to the relief sought. If | ||||||
20 | relief is granted under this subsection or by order of a court | ||||||
21 | under this Section, the Director shall as soon as practicable | ||||||
22 | but in no case later than 15 business days, update, correct, | ||||||
23 | modify, or remove the person's record in any database that the | ||||||
24 | Department of State Police makes available to the National | ||||||
25 | Instant Criminal Background Check System and notify the United | ||||||
26 | States Attorney General that the basis for the record being |
| |||||||
| |||||||
1 | made available no longer applies. The Department of State | ||||||
2 | Police shall adopt rules for the administration of this | ||||||
3 | subsection (f). | ||||||
4 | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13.)
| ||||||
5 | Section 550. The Carnival and Amusement Rides Safety Act is | ||||||
6 | amended by changing Section 2-20 as follows: | ||||||
7 | (430 ILCS 85/2-20) | ||||||
8 | Sec. 2-20. Employment of carnival workers. | ||||||
9 | (a) Beginning on January 1, 2008, no person, firm, | ||||||
10 | corporation, or other entity that owns or operates a carnival | ||||||
11 | or fair shall employ a carnival worker who (i) has been | ||||||
12 | convicted of any offense set forth in Article 11 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 , (ii) is a | ||||||
14 | registered sex offender, as defined in the Sex Offender | ||||||
15 | Registration Act, or (iii) has ever been convicted of any | ||||||
16 | offense set forth in Article 9 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 . | ||||||
18 | (b) A person, firm, corporation, or other entity that owns | ||||||
19 | or operates a carnival or fair must conduct a criminal history | ||||||
20 | records check and perform a check of the National Sex Offender | ||||||
21 | Public Registry for carnival workers at the time they are | ||||||
22 | hired, and annually thereafter except if they are in the | ||||||
23 | continued employ of the entity. | ||||||
24 | The criminal history records check performed under this |
| |||||||
| |||||||
1 | subsection (b) shall be performed by the Illinois State Police, | ||||||
2 | another State or federal law enforcement agency, or a business | ||||||
3 | belonging to the National Association of Professional | ||||||
4 | Background Check Screeners. Any criminal history checks | ||||||
5 | performed by the Illinois State Police shall be pursuant to the | ||||||
6 | Illinois Uniform Conviction Information Act. | ||||||
7 | Individuals who are under the age of 17 are exempt from the | ||||||
8 | criminal history records check requirements set forth in this | ||||||
9 | subsection (b). | ||||||
10 | (c) Any person, firm, corporation, or other entity that | ||||||
11 | owns or operates a carnival or fair must have a substance abuse | ||||||
12 | policy in place for its workers, which shall include random | ||||||
13 | drug testing of carnival workers. | ||||||
14 | (d) Any person, firm, corporation, or other entity that | ||||||
15 | owns or operates a carnival or fair that violates the | ||||||
16 | provisions of subsection (a) of this Section or fails to | ||||||
17 | conduct a criminal history records check or a sex offender | ||||||
18 | registry check for carnival workers in its employ, as required | ||||||
19 | by subsection (b) of this Section, shall be assessed a civil | ||||||
20 | penalty in an amount not to exceed $1,000 for a first offense, | ||||||
21 | not to exceed $5,000 for a second offense, and not to exceed | ||||||
22 | $15,000 for a third or subsequent offense. The collection of | ||||||
23 | these penalties shall be enforced in a civil action brought by | ||||||
24 | the Attorney General on behalf of the Department. | ||||||
25 | (e) A carnival or fair owner is not responsible for: | ||||||
26 | (1) any personal information submitted by a carnival |
| |||||||
| |||||||
1 | worker for criminal history records check purposes; or | ||||||
2 | (2) any information provided by a third party for a | ||||||
3 | criminal history records check or a sex offender registry | ||||||
4 | check. | ||||||
5 | (f) Recordkeeping requirements. Any person, firm, | ||||||
6 | corporation, or other entity that owns or operates a carnival | ||||||
7 | or fair subject to the provisions of this Act shall make, | ||||||
8 | preserve, and make available to the Department, upon its | ||||||
9 | request, all records that are required by this Act, including | ||||||
10 | but not limited to a written substance abuse policy, evidence | ||||||
11 | of the required criminal history records check and sex offender | ||||||
12 | registry check, and any other information the Director may deem | ||||||
13 | necessary and appropriate for enforcement of this Act. | ||||||
14 | (g) A carnival or fair owner shall not be liable to any | ||||||
15 | employee in carrying out the requirements of this Section.
| ||||||
16 | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; | ||||||
17 | 96-151, eff. 8-7-09.) | ||||||
18 | Section 555. The Animal Control Act is amended by changing | ||||||
19 | Section 2.17a as follows:
| ||||||
20 | (510 ILCS 5/2.17a)
| ||||||
21 | Sec. 2.17a.
"Peace officer" has the meaning ascribed to it | ||||||
22 | in Section 2-13
of the Criminal Code of 2012 1961 .
| ||||||
23 | (Source: P.A. 93-548, eff. 8-19-03.)
|
| |||||||
| |||||||
1 | Section 560. The Humane Care for Animals Act is amended by | ||||||
2 | changing Sections 3.03-1, 3.04, 3.05, 4.01, and 4.02 as | ||||||
3 | follows:
| ||||||
4 | (510 ILCS 70/3.03-1)
| ||||||
5 | Sec. 3.03-1. Depiction of animal cruelty.
| ||||||
6 | (a) "Depiction of animal cruelty" means any visual or | ||||||
7 | auditory depiction,
including any photograph, motion-picture | ||||||
8 | film, video recording, electronic
image, or
sound recording, | ||||||
9 | that would constitute a violation of Section 3.01, 3.02,
3.03, | ||||||
10 | or 4.01 of the Humane Care for Animals Act or Section 26-5 or | ||||||
11 | 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
12 | (b) No person may knowingly create, sell, market, offer to | ||||||
13 | market or sell,
or possess a depiction of animal
cruelty. No | ||||||
14 | person may place that depiction in commerce for commercial gain | ||||||
15 | or
entertainment.
This
Section does not apply when the | ||||||
16 | depiction has religious, political,
scientific,
educational, | ||||||
17 | law enforcement or humane investigator training,
journalistic, | ||||||
18 | artistic, or historical value; or involves rodeos, sanctioned
| ||||||
19 | livestock
events, or normal husbandry practices.
| ||||||
20 | The creation, sale, marketing, offering to sell or market, | ||||||
21 | or possession of
the depiction of animal cruelty is
illegal
| ||||||
22 | regardless of whether the maiming, mutilation, torture, | ||||||
23 | wounding, abuse,
killing, or any
other conduct
took place in | ||||||
24 | this State.
| ||||||
25 | (c) Any person convicted of violating this Section is |
| |||||||
| |||||||
1 | guilty of a Class A
misdemeanor. A second or subsequent | ||||||
2 | violation is a Class 4 felony. In
addition to any other penalty | ||||||
3 | provided by law, upon conviction for violating
this Section,
| ||||||
4 | the court may order the convicted person to undergo a | ||||||
5 | psychological or
psychiatric
evaluation and to undergo any | ||||||
6 | treatment at the convicted person's expense that
the court
| ||||||
7 | determines to be appropriate after due consideration of the | ||||||
8 | evaluation. If the
convicted
person is a juvenile, the court | ||||||
9 | shall order the convicted person to undergo a
psychological
or | ||||||
10 | psychiatric evaluation and to undergo treatment that the court | ||||||
11 | determines to
be
appropriate after due consideration of the | ||||||
12 | evaluation.
| ||||||
13 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
14 | (510 ILCS 70/3.04)
| ||||||
15 | Sec. 3.04. Arrests and seizures; penalties.
| ||||||
16 | (a) Any law enforcement officer making an arrest for an | ||||||
17 | offense involving
one or more companion animals under Section | ||||||
18 | 3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | ||||||
19 | some or all of the companion animals in the
possession of the | ||||||
20 | person arrested. The officer, after taking possession of the
| ||||||
21 | companion animals, must file with the court before whom the | ||||||
22 | complaint is made
against any person so arrested an affidavit | ||||||
23 | stating the name of the person
charged in the complaint, a | ||||||
24 | description of the condition of the companion
animal or | ||||||
25 | companion animals taken, and the time and place the companion |
| |||||||
| |||||||
1 | animal
or companion animals were taken, together with the name | ||||||
2 | of the person from
whom the companion animal or companion | ||||||
3 | animals were taken and name of the
person who claims to own the | ||||||
4 | companion animal or companion animals if different
from the | ||||||
5 | person from whom the companion animal or companion animals were
| ||||||
6 | seized. He or she must at the same time deliver an inventory of | ||||||
7 | the companion
animal or companion animals taken to the court of | ||||||
8 | competent jurisdiction. The
officer must place the companion | ||||||
9 | animal or companion animals in the custody of
an animal control | ||||||
10 | or animal shelter and the agency must retain custody of the
| ||||||
11 | companion animal or companion animals subject to an order of | ||||||
12 | the court
adjudicating the charges on the merits and before | ||||||
13 | which the person complained
against is required to appear for | ||||||
14 | trial. The State's Attorney may, within 14
days after the | ||||||
15 | seizure, file a "petition for forfeiture prior to trial" before
| ||||||
16 | the court having criminal jurisdiction over the alleged | ||||||
17 | charges, asking for
permanent forfeiture of the companion | ||||||
18 | animals seized. The petition shall be
filed with the court, | ||||||
19 | with copies served on the impounding agency, the owner,
and | ||||||
20 | anyone claiming an interest in the animals. In a "petition for | ||||||
21 | forfeiture
prior to trial", the burden is on the prosecution to | ||||||
22 | prove by a preponderance
of the evidence that the person | ||||||
23 | arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | ||||||
24 | or Section 26-5 or 48-1 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 .
| ||||||
26 | (b) An owner whose companion animal or companion animals |
| |||||||
| |||||||
1 | are removed by a
law enforcement officer under this Section | ||||||
2 | must be given written notice of
the circumstances of the | ||||||
3 | removal and of any legal remedies available to him
or her. The | ||||||
4 | notice must be posted at the place of seizure, or delivered to
| ||||||
5 | a person residing at the place of seizure or, if the address of | ||||||
6 | the owner is
different from the address of the person from whom | ||||||
7 | the companion animal or
companion animals were seized, | ||||||
8 | delivered by registered mail to his or her last
known address.
| ||||||
9 | (c) In addition to any other penalty provided by law, upon | ||||||
10 | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | ||||||
11 | court may order the convicted
person to forfeit to an animal | ||||||
12 | control or animal shelter
the animal
or animals that are the | ||||||
13 | basis of the conviction. Upon an order of
forfeiture, the | ||||||
14 | convicted person is deemed to have permanently
relinquished all | ||||||
15 | rights to the animal or animals that are the basis of the
| ||||||
16 | conviction. The forfeited animal or animals shall be adopted or | ||||||
17 | humanely
euthanized. In no event may the convicted person or | ||||||
18 | anyone residing in
his or her household be permitted to adopt | ||||||
19 | the forfeited animal or animals.
The court, additionally, may | ||||||
20 | order that the convicted person and persons
dwelling in the | ||||||
21 | same household as the convicted person who conspired, aided, or
| ||||||
22 | abetted in the
unlawful act that was the basis of the | ||||||
23 | conviction, or who knew or should
have known of the unlawful | ||||||
24 | act, may not own, harbor, or have custody or
control of any | ||||||
25 | other animals for a period of time that the court deems
| ||||||
26 | reasonable.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
2 | (510 ILCS 70/3.05)
| ||||||
3 | Sec. 3.05. Security for companion animals and animals used | ||||||
4 | for fighting
purposes. | ||||||
5 | (a) In the case of companion animals as defined in Section | ||||||
6 | 2.01a or animals
used for fighting purposes in violation of | ||||||
7 | Section 4.01
of this Act or Section 26-5 or 48-1 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 , the animal
| ||||||
9 | control or animal shelter having custody of the animal or | ||||||
10 | animals may file a
petition with the court requesting that the | ||||||
11 | person from whom the animal or
animals are seized, or the owner | ||||||
12 | of the animal or animals, be ordered to post
security. The | ||||||
13 | security must be in an amount sufficient to secure payment of
| ||||||
14 | all reasonable expenses expected to be incurred by the animal | ||||||
15 | control or animal
shelter in caring for and providing for the | ||||||
16 | animal or animals pending the
disposition of the charges. | ||||||
17 | Reasonable expenses include, but are not limited
to, estimated | ||||||
18 | medical care and boarding of the animal or animals for 30 days.
| ||||||
19 | The amount of the security shall be determined by the court | ||||||
20 | after taking into
consideration all of the facts and | ||||||
21 | circumstances of the case, including, but
not limited to, the | ||||||
22 | recommendation of the impounding organization having
custody | ||||||
23 | and care of the seized animal or animals and the cost of caring | ||||||
24 | for
the animal or animals. If security has been posted in | ||||||
25 | accordance with this
Section, the animal control or animal |
| |||||||
| |||||||
1 | shelter may draw from the security the
actual costs incurred by | ||||||
2 | the agency in caring for the seized animal or animals.
| ||||||
3 | (b) Upon receipt of a petition, the court must set a | ||||||
4 | hearing on the
petition, to be conducted within 5 business days | ||||||
5 | after the petition is filed.
The petitioner must serve a true | ||||||
6 | copy of the petition upon the defendant and
the State's | ||||||
7 | Attorney for the county in which the animal or animals were | ||||||
8 | seized.
The petitioner must also serve a true copy of the | ||||||
9 | petition on any interested
person. For the purposes of this | ||||||
10 | subsection, "interested person" means an
individual, | ||||||
11 | partnership, firm, joint stock company, corporation, | ||||||
12 | association,
trust, estate, or other legal entity that the | ||||||
13 | court determines may have a
pecuniary interest in the animal or | ||||||
14 | animals that are the subject of the
petition. The court must | ||||||
15 | set a hearing date to determine any interested
parties. The | ||||||
16 | court may waive for good cause shown the posting of security.
| ||||||
17 | (c) If the court orders the posting of security, the | ||||||
18 | security must be
posted with the clerk of the court within 5 | ||||||
19 | business days after the hearing.
If the person ordered to post | ||||||
20 | security does not do so, the animal or animals
are forfeited by | ||||||
21 | operation of law and the animal control or animal shelter
| ||||||
22 | having control of the animal or animals must dispose of the | ||||||
23 | animal or animals
through adoption or must humanely euthanize | ||||||
24 | the animal. In no event may the
defendant or any person | ||||||
25 | residing in the defendant's household adopt the animal
or | ||||||
26 | animals.
|
| |||||||
| |||||||
1 | (d) The impounding organization may file a petition with | ||||||
2 | the court upon the
expiration of the 30-day period requesting | ||||||
3 | the posting of additional security.
The court may order the | ||||||
4 | person from whom the animal or animals were seized, or
the | ||||||
5 | owner of the animal or animals, to post additional security | ||||||
6 | with the
clerk of the court to secure payment of reasonable | ||||||
7 | expenses for an additional
period of time pending a | ||||||
8 | determination by the court of the charges against the
person | ||||||
9 | from whom the animal or animals were seized.
| ||||||
10 | (e) In no event may the security prevent the impounding | ||||||
11 | organization having
custody and care of the animal or animals | ||||||
12 | from disposing of the animal or
animals before the expiration | ||||||
13 | of the 30-day period covered by the security if
the court makes | ||||||
14 | a final determination of the charges against the person from
| ||||||
15 | whom the animal or animals were seized. Upon the adjudication | ||||||
16 | of the charges,
the person who posted the security is entitled | ||||||
17 | to a refund of the security, in
whole or in part, for any | ||||||
18 | expenses not incurred by the impounding organization.
| ||||||
19 | (f) Notwithstanding any other provision of this Section to | ||||||
20 | the contrary,
the court may order a person charged with any | ||||||
21 | violation of this Act to provide
necessary food, water, | ||||||
22 | shelter, and care for any animal or animals that are the
basis | ||||||
23 | of the charge without the removal of the animal or animals from | ||||||
24 | their
existing location and until the charges against the | ||||||
25 | person are adjudicated.
Until a final determination of the | ||||||
26 | charges is made, any law enforcement
officer, animal control |
| |||||||
| |||||||
1 | officer, Department investigator, or an approved humane
| ||||||
2 | investigator may be authorized by an order of the court to make | ||||||
3 | regular visits
to the place where the animal or animals are | ||||||
4 | being kept to ascertain if the
animal or animals are receiving | ||||||
5 | necessary food, water, shelter, and care.
Nothing in this | ||||||
6 | Section prevents any law enforcement officer, Department
| ||||||
7 | investigator, or approved humane investigator from applying | ||||||
8 | for a warrant under
this Section to seize any animal or animals | ||||||
9 | being held by the person charged
pending the adjudication of | ||||||
10 | the charges if it is determined that the animal or
animals are | ||||||
11 | not receiving the necessary food, water, shelter, or care.
| ||||||
12 | (g) Nothing in this Act shall be construed to prevent the | ||||||
13 | voluntary,
permanent relinquishment of any animal by its owner | ||||||
14 | to an animal
control or animal shelter in lieu of posting | ||||||
15 | security or proceeding to a
forfeiture hearing. Voluntary | ||||||
16 | relinquishment shall have no effect on the
criminal charges | ||||||
17 | that may be pursued by the appropriate authorities.
| ||||||
18 | (h) If an owner of a companion animal is acquitted by the | ||||||
19 | court of charges
made pursuant to this Act, the court shall | ||||||
20 | further order that any security that
has been posted for the | ||||||
21 | animal shall be returned to the owner by the impounding
| ||||||
22 | organization.
| ||||||
23 | (i) The provisions of this Section only pertain to | ||||||
24 | companion animals and
animals used for fighting purposes.
| ||||||
25 | (Source: P.A. 97-1108, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
| ||||||
2 | Sec. 4.01. Animals in entertainment. This Section does not | ||||||
3 | apply when
the only animals involved are dogs. (Section 48-1 of | ||||||
4 | the Criminal Code of
2012 1961 , rather than this Section, | ||||||
5 | applies when the only animals involved are
dogs.)
| ||||||
6 | (a) No person may own, capture, breed, train, or lease any | ||||||
7 | animal which he
or she knows or should know is intended for use | ||||||
8 | in any show, exhibition,
program, or other activity featuring | ||||||
9 | or otherwise involving a fight between
such animal and any | ||||||
10 | other animal or human, or the intentional killing of any
animal | ||||||
11 | for the purpose of sport, wagering, or entertainment.
| ||||||
12 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
13 | collect money for
or in any other manner assist or aid in the | ||||||
14 | presentation for purposes of sport,
wagering, or | ||||||
15 | entertainment, any show, exhibition, program, or other | ||||||
16 | activity
involving a fight between 2 or more animals or any | ||||||
17 | animal and human, or the
intentional killing of any animal.
| ||||||
18 | (c) No person shall sell or offer for sale, ship, | ||||||
19 | transport, or otherwise
move, or deliver or receive any animal | ||||||
20 | which he or she knows or should know
has been captured, bred, | ||||||
21 | or trained, or will be used, to fight another animal
or human | ||||||
22 | or be intentionally killed, for the purpose of sport, wagering, | ||||||
23 | or
entertainment.
| ||||||
24 | (d) No person shall manufacture for sale, shipment, | ||||||
25 | transportation
or delivery any device or equipment which that | ||||||
26 | person knows or should know
is intended for use in any show, |
| |||||||
| |||||||
1 | exhibition, program, or other activity
featuring or otherwise | ||||||
2 | involving a fight between 2 or more animals, or any
human and | ||||||
3 | animal, or the intentional killing of any animal for purposes | ||||||
4 | of
sport, wagering or entertainment.
| ||||||
5 | (e) No person shall own, possess, sell or offer for sale, | ||||||
6 | ship,
transport, or otherwise move any equipment or device | ||||||
7 | which such person
knows or should know is intended for use in | ||||||
8 | connection with any show,
exhibition, program, or activity | ||||||
9 | featuring or otherwise involving a fight
between 2 or more | ||||||
10 | animals, or any animal and human, or the intentional
killing of | ||||||
11 | any animal for purposes of sport, wagering or entertainment.
| ||||||
12 | (f) No person shall make available any site, structure, or | ||||||
13 | facility,
whether enclosed or not, which he or she knows or | ||||||
14 | should know is intended
to be used for the purpose of | ||||||
15 | conducting any show, exhibition, program, or
other activity | ||||||
16 | involving a fight between 2 or more animals, or any animal and
| ||||||
17 | human, or the intentional killing of any animal.
| ||||||
18 | (g) No person shall knowingly attend or otherwise patronize | ||||||
19 | any show, exhibition,
program, or other activity featuring or | ||||||
20 | otherwise involving a fight between
2 or more animals, or any | ||||||
21 | animal and human, or the intentional killing of
any animal for | ||||||
22 | the purposes of sport, wagering or entertainment.
| ||||||
23 | (h) (Blank).
| ||||||
24 | (i) Any animals or equipment involved in a violation of | ||||||
25 | this Section shall
be immediately seized and impounded under | ||||||
26 | Section 12 by the Department when
located at any show, |
| |||||||
| |||||||
1 | exhibition, program, or other activity featuring or
otherwise | ||||||
2 | involving an animal fight for the purposes of sport, wagering, | ||||||
3 | or
entertainment.
| ||||||
4 | (j) Any vehicle or conveyance other than a common carrier | ||||||
5 | that is used
in violation of this Section shall be seized, | ||||||
6 | held, and offered for sale at
public auction by the sheriff's | ||||||
7 | department of the proper jurisdiction, and
the proceeds from | ||||||
8 | the sale shall be remitted to the general fund of the
county | ||||||
9 | where the violation took place.
| ||||||
10 | (k) Any veterinarian in this State who is presented with an | ||||||
11 | animal for
treatment of injuries or wounds resulting from | ||||||
12 | fighting where there is a
reasonable possibility that the | ||||||
13 | animal was engaged in or utilized for a
fighting event for the | ||||||
14 | purposes of sport, wagering, or entertainment shall
file a | ||||||
15 | report with the Department and cooperate by furnishing the | ||||||
16 | owners'
names, dates, and descriptions of the animal or animals | ||||||
17 | involved. Any
veterinarian who in good faith complies with the | ||||||
18 | requirements of this
subsection has immunity from any | ||||||
19 | liability, civil, criminal, or otherwise,
that may result from | ||||||
20 | his or her actions. For the purposes of any proceedings,
civil | ||||||
21 | or criminal, the good faith of the veterinarian shall be | ||||||
22 | rebuttably
presumed.
| ||||||
23 | (l) No person shall solicit a minor to violate this | ||||||
24 | Section.
| ||||||
25 | (m) The penalties for violations of this Section shall be | ||||||
26 | as follows:
|
| |||||||
| |||||||
1 | (1) A person convicted of violating subsection (a), | ||||||
2 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
3 | order of the Department pursuant thereto
is guilty of a | ||||||
4 | Class 4 felony for the first offense. A second or
| ||||||
5 | subsequent offense involving the violation of subsection | ||||||
6 | (a), (b), or (c) of
this Section or any rule, regulation, | ||||||
7 | or order of the Department pursuant
thereto is a Class 3 | ||||||
8 | felony.
| ||||||
9 | (2) A person convicted of violating subsection (d), | ||||||
10 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
11 | order of the Department pursuant thereto
is guilty of a | ||||||
12 | Class 4 felony for the first offense. A second or
| ||||||
13 | subsequent violation is a Class 3 felony.
| ||||||
14 | (3) A person convicted of violating subsection (g) of | ||||||
15 | this Section or
any rule, regulation, or order of the | ||||||
16 | Department pursuant thereto is guilty
of a Class 4 felony | ||||||
17 | for the first offense. A second or
subsequent violation is | ||||||
18 | a Class 3 felony.
| ||||||
19 | (4) A person convicted of violating subsection (l) of | ||||||
20 | this Section is
guilty of a Class 4 felony for the first | ||||||
21 | offense. A second or
subsequent violation is a Class 3 | ||||||
22 | felony.
| ||||||
23 | (n) A person who commits a felony violation of this Section | ||||||
24 | is subject to the property forfeiture provisions set forth in | ||||||
25 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
26 | (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; |
| |||||||
| |||||||
1 | 96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13.)
| ||||||
2 | (510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
| ||||||
3 | Sec. 4.02. Arrests; reports.
| ||||||
4 | (a) Any law enforcement officer making an arrest for an | ||||||
5 | offense involving
one or more animals under Section 4.01 of | ||||||
6 | this Act or Section 48-1 of the
Criminal Code of 2012 1961 | ||||||
7 | shall lawfully take possession of all animals and all
| ||||||
8 | paraphernalia, implements, or other property or things used or | ||||||
9 | employed, or
about to be employed, in the violation of any of | ||||||
10 | the provisions of Section
4.01 of this Act or Section 48-1 of | ||||||
11 | the Criminal Code of 2012 1961 . When a
law enforcement officer | ||||||
12 | has
taken possession of such animals, paraphernalia, | ||||||
13 | implements or other property
or things, he or she shall file | ||||||
14 | with the court before whom the complaint is
made against any | ||||||
15 | person so arrested an affidavit stating therein the name of
the | ||||||
16 | person charged in the complaint, a description of the property | ||||||
17 | so taken
and the time and place of the taking thereof together | ||||||
18 | with the name of the
person from whom the same was taken and | ||||||
19 | name of the person who claims to own
such property, if | ||||||
20 | different from the person from whom the animals
were seized and | ||||||
21 | if known, and that the affiant has reason to believe and does
| ||||||
22 | believe, stating the ground of the belief, that the animals and
| ||||||
23 | property so taken were used or employed, or were about to be | ||||||
24 | used or employed,
in a violation of Section 4.01 of this Act or | ||||||
25 | Section 48-1 of the Criminal
Code of 2012 1961 . He or she shall |
| |||||||
| |||||||
1 | thereupon deliver an inventory of the property
so taken to the | ||||||
2 | court of competent jurisdiction. A law enforcement officer may
| ||||||
3 | humanely euthanize animals that are severely injured.
| ||||||
4 | An owner whose animals are removed for a violation of | ||||||
5 | Section
4.01 of this Act or Section 48-1 of the Criminal Code | ||||||
6 | of 2012 1961 must be given
written notice of the circumstances | ||||||
7 | of the removal and of any legal remedies
available to him or | ||||||
8 | her. The notice must be posted at the place of seizure or
| ||||||
9 | delivered to a person residing at the place of seizure or, if | ||||||
10 | the address of
the owner is different from the address of the | ||||||
11 | person from whom the animals were seized, delivered by | ||||||
12 | registered mail to his or her last known
address.
| ||||||
13 | The animal control or animal shelter having custody of the | ||||||
14 | animals
may file a petition with the court requesting that the | ||||||
15 | person from whom the
animals were seized or the owner of the | ||||||
16 | animals be
ordered to post security pursuant to Section 3.05 of | ||||||
17 | this Act.
| ||||||
18 | Upon the conviction of the person so charged, all animals | ||||||
19 | shall
be adopted or humanely euthanized and property so seized | ||||||
20 | shall be adjudged by
the court to be forfeited. Any outstanding | ||||||
21 | costs incurred by the impounding
facility in boarding and | ||||||
22 | treating the animals pending the
disposition of the case and | ||||||
23 | disposing of the animals upon a
conviction must be borne by the | ||||||
24 | person convicted. In no event may the
animals be adopted by the | ||||||
25 | defendant or anyone residing in his or
her household. If the | ||||||
26 | court finds that the State either failed to prove the
criminal |
| |||||||
| |||||||
1 | allegations or failed to prove that the animals were
used in | ||||||
2 | fighting, the court must direct the delivery of the animals and | ||||||
3 | the other property not previously forfeited to the owner of the
| ||||||
4 | animals and property.
| ||||||
5 | Any person authorized by this Section to care for an | ||||||
6 | animal, to
treat an animal, or to attempt to restore an animal
| ||||||
7 | to good health and who is acting in good faith is immune from | ||||||
8 | any civil or
criminal liability that may result from his or her | ||||||
9 | actions.
| ||||||
10 | An animal control warden, animal control administrator, | ||||||
11 | animal shelter
employee, or approved humane investigator may | ||||||
12 | humanely euthanize severely
injured, diseased, or suffering | ||||||
13 | animal in exigent circumstances.
| ||||||
14 | (b) Any veterinarian in this State who is presented with an | ||||||
15 | animal
for treatment of injuries or wounds resulting from | ||||||
16 | fighting where there is
a reasonable possibility that the | ||||||
17 | animal was engaged in or utilized for a
fighting event shall | ||||||
18 | file a report with the Department and cooperate by
furnishing | ||||||
19 | the owners' names, date of receipt of the animal or animals and
| ||||||
20 | treatment administered, and descriptions of the animal or | ||||||
21 | animals involved.
Any veterinarian who in good faith makes a | ||||||
22 | report, as required by this
subsection (b), is immune from any | ||||||
23 | liability, civil, criminal, or otherwise,
resulting from his or | ||||||
24 | her actions. For the purposes of any proceedings, civil
or | ||||||
25 | criminal, the good faith of any such veterinarian shall be | ||||||
26 | presumed.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
2 | Section 565. The Wildlife Code is amended by changing | ||||||
3 | Section 1.2b-1 as follows:
| ||||||
4 | (520 ILCS 5/1.2b-1) (from Ch. 61, par. 1.2b-1)
| ||||||
5 | Sec. 1.2b-1. Case. "Case" means any case, firearm carrying | ||||||
6 | box, shipping box, or container acceptable under Article 24 of | ||||||
7 | the Criminal Code of 2012 1961 .
| ||||||
8 | (Source: P.A. 97-1027, eff. 8-17-12.)
| ||||||
9 | Section 570. The Roadside Memorial Act is amended by | ||||||
10 | changing Section 23 as follows: | ||||||
11 | (605 ILCS 125/23) | ||||||
12 | (Section scheduled to be repealed on December 31, 2012) | ||||||
13 | Sec. 23. Fatal accident memorial marker program. | ||||||
14 | (a) The fatal accident memorial marker program is intended | ||||||
15 | to raise public awareness of reckless driving by emphasizing | ||||||
16 | the dangers while affording families an opportunity to remember | ||||||
17 | the victims of crashes involving reckless drivers. | ||||||
18 | (b) As used in this Section, "fatal accident memorial | ||||||
19 | marker" means a marker on a highway in this State commemorating | ||||||
20 | one or more persons who died as a proximate result of a crash | ||||||
21 | caused by a driver who committed an act of reckless homicide in | ||||||
22 | violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012 or who otherwise caused the death | ||||||
2 | of one or more persons through the operation of a motor | ||||||
3 | vehicle. | ||||||
4 | (c) For purposes of the fatal accident memorial marker | ||||||
5 | program in this Section, the provisions of Section 15 of this | ||||||
6 | Act applicable to DUI memorial markers shall apply the same to | ||||||
7 | fatal accident memorial markers. | ||||||
8 | (d) A fatal accident memorial marker shall consist of a | ||||||
9 | white on blue panel bearing the message "Reckless Driving Costs | ||||||
10 | Lives". At the request of the qualified relative, a separate | ||||||
11 | panel bearing the words "In Memory of (victim's name)", | ||||||
12 | followed by the date of the crash that was the proximate cause | ||||||
13 | of the loss of the victim's life, shall be mounted below the | ||||||
14 | primary panel. | ||||||
15 | (e) A fatal accident memorial marker may memorialize more | ||||||
16 | than one victim who died as a result of the same crash. If one | ||||||
17 | or more additional deaths subsequently occur in close proximity | ||||||
18 | to an existing fatal accident memorial marker, the supporting | ||||||
19 | jurisdiction may use the same marker to memorialize the | ||||||
20 | subsequent death or deaths, by adding the names of the | ||||||
21 | additional persons. | ||||||
22 | (f) A fatal accident memorial marker shall be maintained | ||||||
23 | for at least 2 years from the date the last person was | ||||||
24 | memorialized on the marker. | ||||||
25 | (g) The supporting jurisdiction has the right to install a | ||||||
26 | marker at a location other than the location of the crash or to |
| |||||||
| |||||||
1 | relocate a marker due to restricted room, property owner | ||||||
2 | complaints, interference with essential traffic control | ||||||
3 | devices, safety concerns, or other restrictions. In such cases, | ||||||
4 | the sponsoring jurisdiction may select an alternate location. | ||||||
5 | (h) The Department shall secure the consent of any | ||||||
6 | municipality before placing a fatal accident memorial marker | ||||||
7 | within the corporate limits of the municipality. | ||||||
8 | (i) A fee in an amount to be determined by the supporting | ||||||
9 | jurisdiction shall be charged to the qualified relative. The | ||||||
10 | fee shall not exceed the costs associated with the fabrication, | ||||||
11 | installation, and maintenance of the fatal accident memorial | ||||||
12 | marker. | ||||||
13 | (j) The Department shall report to the General Assembly no | ||||||
14 | later than October 1, 2011 on the evaluation of the program and | ||||||
15 | the number of fatal accident memorial marker requests. | ||||||
16 | (k) This Section is repealed on December 31, 2012.
| ||||||
17 | (Source: P.A. 96-1371, eff. 1-1-11; 97-304, eff. 8-11-11.) | ||||||
18 | Section 575. The Illinois Vehicle Code is amended by | ||||||
19 | changing Sections 1-101.2, 3-704, 3-806.6, 3-821, 4-103.3, | ||||||
20 | 4-105.5, 4-107, 5-101, 5-102, 5-301, 5-501, 6-101, 6-103, | ||||||
21 | 6-106.1, 6-106.2, 6-106.3, 6-106.4, 6-108.1, 6-118, 6-204, | ||||||
22 | 6-205, 6-205.2, 6-206, 6-206.1, 6-208, 6-303, 6-508, 6-514, | ||||||
23 | 6-708, 11-204.1, 11-208.7, 11-501, 11-501.1, 11-501.4, | ||||||
24 | 11-501.4-1, 12-612, and 16-108 as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 5/1-101.2) (from Ch. 95 1/2, par. 1-101.2)
| ||||||
2 | Sec. 1-101.2. Affirmation. A signed statement to the effect | ||||||
3 | that the
information provided by the signer is true and | ||||||
4 | correct. The affirmation
shall subject any person who shall | ||||||
5 | knowingly affirm falsely, in matter
material to any issue or | ||||||
6 | point in question, to the penalties
inflicted by law on persons | ||||||
7 | convicted of perjury under
Section 32-2 of the Criminal Code of | ||||||
8 | 2012 1961 .
| ||||||
9 | (Source: P.A. 83-1473.)
| ||||||
10 | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| ||||||
11 | Sec. 3-704. Authority of Secretary of State to suspend or | ||||||
12 | revoke a registration or
certificate of title; authority to | ||||||
13 | suspend or revoke the registration of a
vehicle. | ||||||
14 | (a) The Secretary of State may suspend or revoke the | ||||||
15 | registration of a
vehicle or a certificate of title, | ||||||
16 | registration card, registration sticker,
registration plate, | ||||||
17 | disability parking decal or device,
or any nonresident or other | ||||||
18 | permit in any of the following events:
| ||||||
19 | 1. When the Secretary of State is satisfied that such | ||||||
20 | registration or
that such certificate, card, plate, | ||||||
21 | registration sticker or permit was
fraudulently or
| ||||||
22 | erroneously issued;
| ||||||
23 | 2. When a registered vehicle has been dismantled or | ||||||
24 | wrecked or is not
properly equipped;
| ||||||
25 | 3. When the Secretary of State determines that any |
| |||||||
| |||||||
1 | required fees have
not been paid to the Secretary of State, | ||||||
2 | to the Illinois Commerce
Commission, or to the Illinois | ||||||
3 | Department of Revenue under the Motor Fuel Tax Law, and the | ||||||
4 | same are not paid upon reasonable notice and demand;
| ||||||
5 | 4. When a registration card, registration plate, | ||||||
6 | registration sticker
or permit is knowingly
displayed upon | ||||||
7 | a vehicle other than the one for which issued;
| ||||||
8 | 5. When the Secretary of State determines that the | ||||||
9 | owner has committed
any offense under this Chapter | ||||||
10 | involving the registration or the
certificate, card, | ||||||
11 | plate, registration sticker or permit to be suspended or
| ||||||
12 | revoked;
| ||||||
13 | 6. When the Secretary of State determines that a | ||||||
14 | vehicle registered
not-for-hire is used or operated | ||||||
15 | for-hire unlawfully, or used or operated
for purposes other | ||||||
16 | than those authorized;
| ||||||
17 | 7. When the Secretary of State determines that an owner | ||||||
18 | of a for-hire
motor vehicle has failed to give proof of | ||||||
19 | financial responsibility as
required by this Act;
| ||||||
20 | 8. When the Secretary determines that the vehicle is | ||||||
21 | not subject to or
eligible for a registration;
| ||||||
22 | 9. When the Secretary determines that the owner of a | ||||||
23 | vehicle registered
under the mileage weight tax option | ||||||
24 | fails to maintain the records specified
by law, or fails to | ||||||
25 | file the reports required by law, or that such vehicle
is | ||||||
26 | not equipped with an operable and operating speedometer or |
| |||||||
| |||||||
1 | odometer;
| ||||||
2 | 10. When the Secretary of State is so authorized under | ||||||
3 | any other
provision of law;
| ||||||
4 | 11. When the Secretary of State determines that the | ||||||
5 | holder of a disability parking decal or device has | ||||||
6 | committed any offense under Chapter 11
of this Code | ||||||
7 | involving the use of a disability parking decal
or device.
| ||||||
8 | (a-5) The Secretary of State may revoke a certificate of | ||||||
9 | title and registration card and issue a corrected certificate | ||||||
10 | of title and registration card, at no fee to the vehicle owner | ||||||
11 | or lienholder, if there is proof that the vehicle | ||||||
12 | identification number is erroneously shown on the original | ||||||
13 | certificate of title.
| ||||||
14 | (b) The Secretary of State may suspend or revoke the | ||||||
15 | registration of a
vehicle as follows:
| ||||||
16 | 1. When the Secretary of State determines that the | ||||||
17 | owner of a vehicle has
not paid a civil penalty or a | ||||||
18 | settlement agreement arising from the
violation of rules | ||||||
19 | adopted under the Illinois Motor Carrier Safety Law or the
| ||||||
20 | Illinois Hazardous Materials Transportation Act or that a | ||||||
21 | vehicle, regardless
of ownership, was the subject of | ||||||
22 | violations of these rules that resulted in a
civil penalty | ||||||
23 | or settlement agreement which remains unpaid.
| ||||||
24 | 2. When the Secretary of State determines that a | ||||||
25 | vehicle registered for a
gross weight of more than 16,000 | ||||||
26 | pounds within an affected area is not in
compliance with |
| |||||||
| |||||||
1 | the provisions of Section 13-109.1 of the Illinois Vehicle
| ||||||
2 | Code. | ||||||
3 | 3. When the Secretary of State is notified by the | ||||||
4 | United States Department of Transportation that a vehicle | ||||||
5 | is in violation of the Federal Motor Carrier Safety | ||||||
6 | Regulations, as they are now or hereafter amended, and is | ||||||
7 | prohibited from operating. | ||||||
8 | (c) The Secretary of State may suspend the registration of | ||||||
9 | a
vehicle when a court finds that the vehicle was used in a | ||||||
10 | violation of Section 24-3A of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 relating to gunrunning. A suspension of | ||||||
12 | registration under this subsection (c) may be for a period of | ||||||
13 | up to 90 days.
| ||||||
14 | (Source: P.A. 97-540, eff. 1-1-12.)
| ||||||
15 | (625 ILCS 5/3-806.6) | ||||||
16 | Sec. 3-806.6. Victims of domestic violence. | ||||||
17 | (a) The
Secretary shall issue new and different license | ||||||
18 | plates immediately
upon request to the registered owner of a | ||||||
19 | vehicle who appears in
person and submits a completed | ||||||
20 | application, if all of the following
are provided: | ||||||
21 | (1) proof of ownership of the vehicle that is | ||||||
22 | acceptable to the
Secretary; | ||||||
23 | (2) a driver's license or identification card | ||||||
24 | containing a picture
of the licensee or cardholder issued | ||||||
25 | to the registered owner by the
Secretary under Section |
| |||||||
| |||||||
1 | 6-110 or 6-107 of this Code or Section 4 of the Illinois | ||||||
2 | Identification Card Act. The Office of the Secretary shall | ||||||
3 | conduct a search of its records to verify the authenticity | ||||||
4 | of any document submitted under this paragraph (2); | ||||||
5 | (3) the previously issued license plates from the | ||||||
6 | vehicle; | ||||||
7 | (4) payment of the required fee for the issuance of
| ||||||
8 | duplicate license plates under Section 3-417; and | ||||||
9 | (5) one of the following: | ||||||
10 | (A) a copy of a police report, court documentation, | ||||||
11 | or other law
enforcement documentation identifying the | ||||||
12 | registered owner of the
vehicle as the victim of an | ||||||
13 | incident of abuse, as defined in Section 103 of the | ||||||
14 | Illinois Domestic Violence Act of 1986, or the subject | ||||||
15 | of
stalking, as defined in Section 12-7.3 of the | ||||||
16 | Criminal Code of 2012 1961 ; | ||||||
17 | (B) a written acknowledgment, dated within 30 days | ||||||
18 | of submission,
on the letterhead of a domestic violence | ||||||
19 | agency, that the registered
owner is actively seeking | ||||||
20 | assistance or has sought assistance from
that agency | ||||||
21 | within the past year; or | ||||||
22 | (C) an order of protection issued under Section 214 | ||||||
23 | of the Illinois Domestic Violence Act of 1986 that | ||||||
24 | names the registered owner as a protected
party. | ||||||
25 | (b) This Section does not apply to license plates issued | ||||||
26 | under Section 3-664
or to special license plates issued under |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Article VI of this Chapter.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (Source: P.A. 94-503, eff. 1-1-06; 95-876, eff. 8-21-08.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Sec. 3-821. Miscellaneous Registration and Title Fees.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (a) The fee to be paid to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | following
certificates, registrations or evidences of proper | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | registration, or for
corrected or duplicate documents shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | in accordance with the following
schedule:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
9 | A special corrected certificate of title shall be issued | ||||||||||||||||||||||||||||||||
10 | (i) to remove a co-owner's name due to the death of the | ||||||||||||||||||||||||||||||||
11 | co-owner or due to a divorce or (ii) to change a co-owner's | ||||||||||||||||||||||||||||||||
12 | name due to a marriage.
| ||||||||||||||||||||||||||||||||
13 | There shall be no fee paid for a Junking Certificate.
| ||||||||||||||||||||||||||||||||
14 | There shall be no fee paid for a certificate of title | ||||||||||||||||||||||||||||||||
15 | issued to a county when the vehicle is forfeited to the county | ||||||||||||||||||||||||||||||||
16 | under Article 36 of the Criminal Code of 2012 1961 . | ||||||||||||||||||||||||||||||||
17 | (a-5) The Secretary of State may revoke a certificate of | ||||||||||||||||||||||||||||||||
18 | title and registration card and issue a corrected certificate | ||||||||||||||||||||||||||||||||
19 | of title and registration card, at no fee to the vehicle owner | ||||||||||||||||||||||||||||||||
20 | or lienholder, if there is proof that the vehicle | ||||||||||||||||||||||||||||||||
21 | identification number is erroneously shown on the original | ||||||||||||||||||||||||||||||||
22 | certificate of title.
| ||||||||||||||||||||||||||||||||
23 | (a-10) The Secretary of State may issue, in connection with | ||||||||||||||||||||||||||||||||
24 | the sale of a motor vehicle, a corrected title to a motor | ||||||||||||||||||||||||||||||||
25 | vehicle dealer upon application and submittal of a lien release | ||||||||||||||||||||||||||||||||
26 | letter from the lienholder listed in the files of the |
| |||||||
| |||||||
1 | Secretary. In the case of a title issued by another state, the | ||||||
2 | dealer must submit proof from the state that issued the last | ||||||
3 | title. The corrected title, which shall be known as a dealer | ||||||
4 | lien release certificate of title, shall be issued in the name | ||||||
5 | of the vehicle owner without the named lienholder. If the motor | ||||||
6 | vehicle is currently titled in a state other than Illinois, the | ||||||
7 | applicant must submit either (i) a letter from the current | ||||||
8 | lienholder releasing the lien and stating that the lienholder | ||||||
9 | has possession of the title; or (ii) a letter from the current | ||||||
10 | lienholder releasing the lien and a copy of the records of the | ||||||
11 | department of motor vehicles for the state in which the vehicle | ||||||
12 | is titled, showing that the vehicle is titled in the name of | ||||||
13 | the applicant and that no liens are recorded other than the | ||||||
14 | lien for which a release has been submitted. The fee for the | ||||||
15 | dealer lien release certificate of title is $20. | ||||||
16 | (b) The Secretary may prescribe the maximum service charge | ||||||
17 | to be
imposed upon an applicant for renewal of a registration | ||||||
18 | by any person
authorized by law to receive and remit or | ||||||
19 | transmit to the Secretary such
renewal application and fees | ||||||
20 | therewith.
| ||||||
21 | (c) If payment is delivered to the Office of the Secretary | ||||||
22 | of State
as payment of any fee or tax under this Code, and such | ||||||
23 | payment is not
honored for any reason, the registrant
or other | ||||||
24 | person tendering the payment remains liable for the payment of
| ||||||
25 | such fee or tax. The Secretary of State may assess a service | ||||||
26 | charge of $25
in addition to the fee or tax due and owing for |
| |||||||
| |||||||
1 | all dishonored payments.
| ||||||
2 | If the total amount then due and owing exceeds the sum of | ||||||
3 | $100 and
has not been paid in full within 60 days from the date | ||||||
4 | such fee or tax
became due to the Secretary of State, the | ||||||
5 | Secretary of State shall
assess a penalty of 25% of such amount | ||||||
6 | remaining unpaid.
| ||||||
7 | All amounts payable under this Section shall be computed to | ||||||
8 | the
nearest dollar. Out of each fee collected for dishonored | ||||||
9 | payments, $5 shall be deposited in the Secretary of State | ||||||
10 | Special Services Fund.
| ||||||
11 | (d) The minimum fee and tax to be paid by any applicant for
| ||||||
12 | apportionment of a fleet of vehicles under this Code shall be | ||||||
13 | $15
if the application was filed on or before the date | ||||||
14 | specified by the
Secretary together with fees and taxes due. If | ||||||
15 | an application and the
fees or taxes due are filed after the | ||||||
16 | date specified by the Secretary,
the Secretary may prescribe | ||||||
17 | the payment of interest at the rate of 1/2
of 1% per month or | ||||||
18 | fraction thereof after such due date and a minimum of
$8.
| ||||||
19 | (e) Trucks, truck tractors, truck tractors with loads, and | ||||||
20 | motor buses,
any one of which having a combined total weight in | ||||||
21 | excess of 12,000 lbs.
shall file an application for a Fleet | ||||||
22 | Reciprocity Permit issued by the
Secretary of State. This | ||||||
23 | permit shall be in the possession of any driver
operating a | ||||||
24 | vehicle on Illinois highways. Any foreign licensed vehicle of | ||||||
25 | the
second division operating at any time in Illinois without a | ||||||
26 | Fleet Reciprocity
Permit or other proper Illinois |
| |||||||
| |||||||
1 | registration, shall subject the operator to the
penalties | ||||||
2 | provided in Section 3-834 of this Code. For the purposes of | ||||||
3 | this
Code, "Fleet Reciprocity Permit" means any second division | ||||||
4 | motor vehicle with a
foreign license and used only in | ||||||
5 | interstate transportation of goods. The fee
for such permit | ||||||
6 | shall be $15 per fleet which shall include all
vehicles of the | ||||||
7 | fleet being registered.
| ||||||
8 | (f) For purposes of this Section, "all-terrain vehicle or | ||||||
9 | off-highway
motorcycle used for production agriculture" means | ||||||
10 | any all-terrain vehicle or
off-highway motorcycle used in the | ||||||
11 | raising
of or the propagation of livestock, crops for sale for | ||||||
12 | human consumption,
crops for livestock consumption, and | ||||||
13 | production seed stock grown for the
propagation of feed grains | ||||||
14 | and the husbandry of animals or for the purpose
of providing a | ||||||
15 | food product, including the husbandry of blood stock as a
main | ||||||
16 | source of providing a food product.
"All-terrain vehicle or | ||||||
17 | off-highway motorcycle used in production agriculture"
also | ||||||
18 | means any all-terrain vehicle or off-highway motorcycle used in | ||||||
19 | animal
husbandry, floriculture, aquaculture, horticulture, and | ||||||
20 | viticulture.
| ||||||
21 | (g) All of the proceeds of the additional fees imposed by | ||||||
22 | Public Act 96-34 shall be deposited into the Capital Projects | ||||||
23 | Fund. | ||||||
24 | (Source: P.A. 96-34, eff. 7-13-09; 96-554, eff. 1-1-10; 96-653, | ||||||
25 | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1274, eff. 7-26-10; | ||||||
26 | 97-835, eff. 1-1-13; 97-838, eff. 7-20-12; revised 8-3-12.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
| ||||||
2 | Sec. 4-103.3. Organizer of an aggravated vehicle theft | ||||||
3 | conspiracy.
| ||||||
4 | (a) A person commits the offense of organizer of a vehicle | ||||||
5 | theft
conspiracy if:
| ||||||
6 | (1) the person intentionally violates Section 4-103.2 | ||||||
7 | of
this Code with the agreement of 3 or more persons; and
| ||||||
8 | (2) the person is known by other co-conspirators as the | ||||||
9 | organizer,
supervisor, financier or otherwise leader of | ||||||
10 | the conspiracy.
| ||||||
11 | (b) No person may be convicted of organizer of a vehicle | ||||||
12 | theft
conspiracy unless an overt act in furtherance of the | ||||||
13 | agreement is alleged
and proved to have been committed by him | ||||||
14 | or by a co-conspirator, and the
accused is part of a common | ||||||
15 | plan or scheme to engage in the unlawful activity.
| ||||||
16 | (c) It shall not be a defense to organizer of a vehicle | ||||||
17 | theft conspiracy
that the person or persons with whom the | ||||||
18 | accused is alleged to have conspired:
| ||||||
19 | (1) has not been prosecuted or convicted;
| ||||||
20 | (2) has been convicted of a different offense;
| ||||||
21 | (3) is not amenable to justice;
| ||||||
22 | (4) has been acquitted; or
| ||||||
23 | (5) lacked the capacity to commit an offense.
| ||||||
24 | (d) Notwithstanding Section 8-5 of the Criminal Code of | ||||||
25 | 2012 1961 , a person
may be convicted and sentenced for both the |
| |||||||
| |||||||
1 | offense of organizer of a
vehicle theft conspiracy and any | ||||||
2 | other offense in this Chapter which is the
object of the | ||||||
3 | conspiracy.
| ||||||
4 | (e) Organizer of a vehicle theft conspiracy is a Class X | ||||||
5 | felony.
| ||||||
6 | (Source: P.A. 86-1209.)
| ||||||
7 | (625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
| ||||||
8 | Sec. 4-105.5. Attempt. As defined in Section 8-4 of the | ||||||
9 | Criminal Code of 2012 1961 .
| ||||||
10 | (Source: P.A. 81-932.)
| ||||||
11 | (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
| ||||||
12 | Sec. 4-107. Stolen, converted, recovered and unclaimed | ||||||
13 | vehicles.
| ||||||
14 | (a) Every Sheriff, Superintendent of police, Chief of | ||||||
15 | police or other police
officer in command of any Police | ||||||
16 | department in any City, Village or Town of
the State, shall, by | ||||||
17 | the fastest means of communications available to his law
| ||||||
18 | enforcement agency, immediately report to the State Police, in | ||||||
19 | Springfield,
Illinois, the theft or recovery of any stolen or | ||||||
20 | converted vehicle within
his district or jurisdiction. The | ||||||
21 | report shall give the date of theft,
description of the vehicle | ||||||
22 | including color, year of manufacture,
manufacturer's trade | ||||||
23 | name, manufacturer's series name, body style, vehicle
| ||||||
24 | identification number and license registration number, |
| |||||||
| |||||||
1 | including the state
in which the license was issued and the | ||||||
2 | year of issuance, together with the
name, residence address, | ||||||
3 | business address, and telephone number of the
owner. The report | ||||||
4 | shall be routed by the originating law enforcement
agency | ||||||
5 | through the State Police District in which such agency is | ||||||
6 | located.
| ||||||
7 | (b) A registered owner or a lienholder may report the theft | ||||||
8 | by
conversion of a vehicle, to the State Police, or any other | ||||||
9 | police
department or Sheriff's office. Such report will be | ||||||
10 | accepted as a report
of theft and processed only if a formal | ||||||
11 | complaint is on file and a warrant
issued.
| ||||||
12 | (c) An operator of a place of business for garaging, | ||||||
13 | repairing, parking
or storing vehicles for the public, in which | ||||||
14 | a vehicle remains unclaimed,
after being left for the purpose | ||||||
15 | of garaging, repairing, parking or storage,
for a period of 15 | ||||||
16 | days, shall, within 5 days after the expiration of that
period, | ||||||
17 | report the vehicle as unclaimed to the municipal police
when | ||||||
18 | the vehicle is within the corporate limits of any City, Village | ||||||
19 | or
incorporated Town, or the County Sheriff, or State Police | ||||||
20 | when the vehicle
is outside the corporate limits of a City, | ||||||
21 | Village or incorporated Town. This
Section does not apply to | ||||||
22 | any vehicle:
| ||||||
23 | (1) removed to a place of storage by a law
enforcement | ||||||
24 | agency having jurisdiction, in accordance with Sections | ||||||
25 | 4-201 and
4-203 of this Act; or
| ||||||
26 | (2) left under a garaging, repairing, parking, or |
| |||||||
| |||||||
1 | storage order
signed by the owner, lessor, or other legally | ||||||
2 | entitled person.
| ||||||
3 | Failure to comply with this Section will result in the
| ||||||
4 | forfeiture of storage fees for that vehicle involved.
| ||||||
5 | (d) The State Police shall keep a complete record of all | ||||||
6 | reports filed
under this Section of the Act. Upon receipt of | ||||||
7 | such report, a careful
search shall be made of the records of | ||||||
8 | the office of the State Police,
and where it is found that a | ||||||
9 | vehicle reported recovered was stolen in a
County, City, | ||||||
10 | Village or Town other than the County, City, Village or
Town in | ||||||
11 | which it is recovered, the State Police shall immediately
| ||||||
12 | notify the Sheriff, Superintendent of police, Chief of police, | ||||||
13 | or other
police officer in command of the Sheriff's office or | ||||||
14 | Police
department of the County, City, Village or Town in which | ||||||
15 | the vehicle
was originally reported stolen, giving complete | ||||||
16 | data as to the time
and place of recovery.
| ||||||
17 | (e) Notification of the theft or conversion of a vehicle | ||||||
18 | will be
furnished to the Secretary of State by the State | ||||||
19 | Police. The Secretary
of State shall place the proper | ||||||
20 | information in the license registration and
title registration | ||||||
21 | files to indicate the theft or conversion of a motor
vehicle or | ||||||
22 | other vehicle. Notification of the recovery of a vehicle
| ||||||
23 | previously reported as a theft or a conversion will be | ||||||
24 | furnished to the
Secretary of State by the State Police. The | ||||||
25 | Secretary of State shall remove
the proper information from the | ||||||
26 | license registration and title registration
files that has |
| |||||||
| |||||||
1 | previously indicated the theft or conversion of a vehicle.
The | ||||||
2 | Secretary of State shall suspend the registration of a vehicle | ||||||
3 | upon
receipt of a report from the State Police that such | ||||||
4 | vehicle was stolen or
converted.
| ||||||
5 | (f) When the Secretary of State receives an application for | ||||||
6 | a certificate
of title or an application for registration of a | ||||||
7 | vehicle and it is determined
from the records of the office of | ||||||
8 | the Secretary of State that such vehicle
has been reported | ||||||
9 | stolen or converted, the Secretary of State shall immediately
| ||||||
10 | notify the State Police and shall give the State Police the | ||||||
11 | name and address
of the person or firm titling or registering | ||||||
12 | the vehicle, together with all
other information contained in | ||||||
13 | the application submitted by such person or
firm.
| ||||||
14 | (g) During the usual course of business the manufacturer of | ||||||
15 | any
vehicle shall place an original manufacturer's vehicle | ||||||
16 | identification
number on all such vehicles manufactured and on | ||||||
17 | any part of such
vehicles requiring an identification number.
| ||||||
18 | (h) Except provided in subsection (h-1), if a | ||||||
19 | manufacturer's vehicle
identification number is missing
or has | ||||||
20 | been removed, changed or mutilated on any vehicle, or any
part | ||||||
21 | of such vehicle requiring an identification number, the State | ||||||
22 | Police
shall restore, restamp or reaffix the vehicle | ||||||
23 | identification number plate,
or affix a new plate bearing the | ||||||
24 | original manufacturer's vehicle
identification number on each | ||||||
25 | such vehicle and on all necessary parts of
the vehicles.
A | ||||||
26 | vehicle identification number so
affixed, restored,
restamped, |
| |||||||
| |||||||
1 | reaffixed or replaced is not falsified, altered or forged
| ||||||
2 | within the meaning of this Act.
| ||||||
3 | (h-1) A person engaged in the repair or servicing of | ||||||
4 | vehicles may reaffix
a
manufacturer's identification number | ||||||
5 | plate on the same damaged vehicle from
which it
was originally | ||||||
6 | removed, if the person reaffixes the original manufacturer's
| ||||||
7 | identification
number plate in place of the identification | ||||||
8 | number plate affixed on a new
dashboard that
has been installed | ||||||
9 | in the vehicle. The person must notify the Secretary of
State | ||||||
10 | each time
the original manufacturer's identification number | ||||||
11 | plate is reaffixed on a
vehicle. The
person must keep a record | ||||||
12 | indicating that the identification number plate
affixed on the
| ||||||
13 | new dashboard has been removed and has been replaced by the | ||||||
14 | manufacturer's
identification number plate originally affixed | ||||||
15 | on the vehicle. The person also
must keep a
record regarding | ||||||
16 | the status and location of the identification number plate
| ||||||
17 | removed from
the replacement dashboard.
The Secretary shall | ||||||
18 | adopt rules for implementing this subsection (h-1).
| ||||||
19 | (h-2) The owner of a vehicle repaired under subsection | ||||||
20 | (h-1) must,
within 90 days of the date of the repairs, contact | ||||||
21 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
22 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
23 | officer or the officer's designee, at a mutually agreed upon
| ||||||
24 | date and location.
| ||||||
25 | (i) If a vehicle or part of any vehicle is found to
have | ||||||
26 | the manufacturer's identification number removed, altered, |
| |||||||
| |||||||
1 | defaced or
destroyed, the vehicle or part shall be seized by | ||||||
2 | any law enforcement
agency having jurisdiction and held for the | ||||||
3 | purpose of identification. In the
event that the manufacturer's | ||||||
4 | identification number of a vehicle or part
cannot be | ||||||
5 | identified, the vehicle or part shall be considered contraband, | ||||||
6 | and
no right of property shall exist in any person owning, | ||||||
7 | leasing or possessing
such property, unless the person owning, | ||||||
8 | leasing or possessing the
vehicle or part acquired such without | ||||||
9 | knowledge that the manufacturer's
vehicle identification | ||||||
10 | number has been removed, altered, defaced, falsified
or | ||||||
11 | destroyed.
| ||||||
12 | Either the seizing law enforcement agency or the State's | ||||||
13 | Attorney of
the county where the seizure occurred may make an | ||||||
14 | application for an order
of forfeiture to the circuit court in | ||||||
15 | the county of seizure. The
application for forfeiture shall be | ||||||
16 | independent from any prosecution
arising out of the seizure and | ||||||
17 | is not subject to any final determination of
such prosecution. | ||||||
18 | The circuit court shall issue an order forfeiting the
property | ||||||
19 | to the seizing law enforcement agency if the court finds that | ||||||
20 | the
property did not at the time of seizure possess a valid | ||||||
21 | manufacturer's
identification number and that the original | ||||||
22 | manufacturer's identification
number cannot be ascertained. | ||||||
23 | The seizing law enforcement agency may:
| ||||||
24 | (1) retain the forfeited property for official use; or
| ||||||
25 | (2) sell the forfeited property and distribute the | ||||||
26 | proceeds in
accordance with Section 4-211 of this Code, or |
| |||||||
| |||||||
1 | dispose of the forfeited
property in such manner as the law | ||||||
2 | enforcement agency deems appropriate.
| ||||||
3 | (i-1) If a motorcycle is seized under subsection (i), the | ||||||
4 | motorcycle
must be returned within 45 days of the date of | ||||||
5 | seizure to the person from whom
it was seized, unless
(i) | ||||||
6 | criminal charges are pending against that person or (ii) an | ||||||
7 | application
for
an
order of forfeiture has been submitted to | ||||||
8 | the circuit in the county of
seizure or (iii) the circuit court | ||||||
9 | in the county of seizure has received from
the seizing law | ||||||
10 | enforcement agency and has granted a petition to extend, for a
| ||||||
11 | single 30 day period, the 45 days allowed for return of the | ||||||
12 | motorcycle. Except
as provided in subsection (i-2), a | ||||||
13 | motorcycle returned to the person from whom
it was seized must | ||||||
14 | be returned in essentially the same condition it was in at
the
| ||||||
15 | time of seizure.
| ||||||
16 | (i-2) If any part or parts of a motorcycle seized under | ||||||
17 | subsection (i) are
found to be
stolen and are removed, the | ||||||
18 | seizing law enforcement agency is not required to
replace the | ||||||
19 | part or parts before returning the motorcycle to the person | ||||||
20 | from
whom it
was seized.
| ||||||
21 | (j) The State Police shall notify the Secretary
of State
| ||||||
22 | each time a manufacturer's vehicle identification number is | ||||||
23 | affixed, reaffixed,
restored or restamped on any vehicle. The | ||||||
24 | Secretary of State shall make
the necessary changes or | ||||||
25 | corrections in his records, after the proper
applications and | ||||||
26 | fees have been submitted, if applicable.
|
| |||||||
| |||||||
1 | (k) Any vessel, vehicle or aircraft used with knowledge and | ||||||
2 | consent
of the owner in the commission of, or in the attempt to | ||||||
3 | commit as defined
in Section 8-4 of the Criminal Code of 2012 | ||||||
4 | 1961 , an offense prohibited
by Section 4-103 of this Chapter, | ||||||
5 | including transporting of a stolen vehicle
or stolen vehicle | ||||||
6 | parts, shall be seized by any law enforcement
agency. The | ||||||
7 | seizing law enforcement agency may:
| ||||||
8 | (1) return the vehicle to its owner if such vehicle is | ||||||
9 | stolen; or
| ||||||
10 | (2) confiscate the vehicle and retain it for any | ||||||
11 | purpose which the law
enforcement agency deems | ||||||
12 | appropriate; or
| ||||||
13 | (3) sell the vehicle at a public sale or dispose of the | ||||||
14 | vehicle in such
other manner as the law enforcement agency | ||||||
15 | deems appropriate.
| ||||||
16 | If the vehicle is sold at public sale, the proceeds of the | ||||||
17 | sale shall be
paid to the law enforcement agency.
| ||||||
18 | The law enforcement agency shall not retain, sell or | ||||||
19 | dispose of a vehicle
under paragraphs (2) or (3) of this | ||||||
20 | subsection (k) except upon an order
of forfeiture issued by the | ||||||
21 | circuit court. The circuit court may issue
such order of | ||||||
22 | forfeiture upon application of the law enforcement agency
or | ||||||
23 | State's Attorney of the county where the law enforcement agency | ||||||
24 | has
jurisdiction, or in the case of the Department of State | ||||||
25 | Police or the
Secretary of State, upon application of the | ||||||
26 | Attorney General.
|
| |||||||
| |||||||
1 | The court shall issue the order if the owner of the vehicle | ||||||
2 | has been
convicted of transporting stolen vehicles or stolen | ||||||
3 | vehicle parts and the
evidence establishes that the owner's | ||||||
4 | vehicle has been used in the commission
of such offense.
| ||||||
5 | The provisions of subsection (k) of this Section shall not | ||||||
6 | apply to any
vessel, vehicle or aircraft, which has been | ||||||
7 | leased, rented or loaned by
its owner, if the owner did not | ||||||
8 | have knowledge of and consent to the use
of the vessel, vehicle | ||||||
9 | or aircraft in the commission of, or in an attempt
to commit, | ||||||
10 | an offense prohibited by Section 4-103 of this Chapter.
| ||||||
11 | (Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)
| ||||||
12 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||
13 | Sec. 5-101. New vehicle dealers must be licensed.
| ||||||
14 | (a) No person shall engage in this State in the business of | ||||||
15 | selling
or dealing in, on consignment or otherwise, new | ||||||
16 | vehicles of any make, or
act as an intermediary or agent or | ||||||
17 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
18 | as a salesperson, or represent or advertise
that he is so | ||||||
19 | engaged or intends to so engage in such business unless
| ||||||
20 | licensed to do so in writing by the Secretary of State under | ||||||
21 | the
provisions of this Section.
| ||||||
22 | (b) An application for a new vehicle dealer's license shall | ||||||
23 | be filed
with the Secretary of State, duly verified by oath, on | ||||||
24 | such form as the
Secretary of State may by rule or regulation | ||||||
25 | prescribe and shall contain:
|
| |||||||
| |||||||
1 | 1. The name and type of business organization of the | ||||||
2 | applicant and
his established and additional places of | ||||||
3 | business, if any, in this State.
| ||||||
4 | 2. If the applicant is a corporation, a list of its | ||||||
5 | officers,
directors, and shareholders having a ten percent | ||||||
6 | or greater ownership
interest in the corporation, setting | ||||||
7 | forth the residence address of
each; if the applicant is a | ||||||
8 | sole proprietorship, a partnership, an
unincorporated | ||||||
9 | association, a trust, or any similar form of business
| ||||||
10 | organization, the name and residence address of the | ||||||
11 | proprietor or of
each partner, member, officer, director, | ||||||
12 | trustee, or manager.
| ||||||
13 | 3. The make or makes of new vehicles which the | ||||||
14 | applicant will offer
for sale at retail in this State.
| ||||||
15 | 4. The name of each manufacturer or franchised | ||||||
16 | distributor, if any,
of new vehicles with whom the | ||||||
17 | applicant has contracted for the sale of
such new vehicles. | ||||||
18 | As evidence of this fact, the application shall be
| ||||||
19 | accompanied by a signed statement from each such | ||||||
20 | manufacturer or
franchised distributor. If the applicant | ||||||
21 | is in the business of
offering for sale new conversion | ||||||
22 | vehicles, trucks or vans, except for
trucks modified to | ||||||
23 | serve a special purpose which includes but is not
limited | ||||||
24 | to the following vehicles: street sweepers, fertilizer | ||||||
25 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
26 | maintenance type vehicles,
he must furnish evidence of a |
| |||||||
| |||||||
1 | sales and service agreement from both the
chassis | ||||||
2 | manufacturer and second stage manufacturer.
| ||||||
3 | 5. A statement that the applicant has been approved for | ||||||
4 | registration
under the Retailers' Occupation Tax Act by the | ||||||
5 | Department of Revenue:
Provided that this requirement does | ||||||
6 | not apply to a dealer who is already
licensed hereunder | ||||||
7 | with the Secretary of State, and who is merely applying
for | ||||||
8 | a renewal of his license. As evidence of this fact, the | ||||||
9 | application
shall be accompanied by a certification from | ||||||
10 | the Department of Revenue
showing that that Department has | ||||||
11 | approved the applicant for registration
under the | ||||||
12 | Retailers' Occupation Tax Act.
| ||||||
13 | 6. A statement that the applicant has complied with the | ||||||
14 | appropriate
liability insurance requirement. A Certificate | ||||||
15 | of Insurance in a solvent
company authorized to do business | ||||||
16 | in the State of Illinois shall be included
with each | ||||||
17 | application covering each location at which he proposes to | ||||||
18 | act
as a new vehicle dealer. The policy must provide | ||||||
19 | liability coverage in
the minimum amounts of $100,000 for | ||||||
20 | bodily injury to, or death of, any person,
$300,000 for | ||||||
21 | bodily injury to, or death of, two or more persons in any | ||||||
22 | one
accident, and $50,000 for damage to property. Such | ||||||
23 | policy shall expire
not sooner than December 31 of the year | ||||||
24 | for which the license was issued
or renewed. The expiration | ||||||
25 | of the insurance policy shall not terminate
the liability | ||||||
26 | under the policy arising during the period for which the
|
| |||||||
| |||||||
1 | policy was filed. Trailer and mobile home dealers are | ||||||
2 | exempt from this
requirement.
| ||||||
3 | If the permitted user has a liability insurance policy | ||||||
4 | that provides
automobile
liability insurance coverage of | ||||||
5 | at least $100,000 for bodily injury to or the
death of any
| ||||||
6 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
7 | or more persons in
any one
accident, and $50,000 for damage | ||||||
8 | to property,
then the permitted user's insurer shall be the | ||||||
9 | primary
insurer and the
dealer's insurer shall be the | ||||||
10 | secondary insurer. If the permitted user does not
have a | ||||||
11 | liability
insurance policy that provides automobile | ||||||
12 | liability insurance coverage of at
least
$100,000 for | ||||||
13 | bodily injury to or the death of any person, $300,000 for | ||||||
14 | bodily
injury to or the death of any 2 or more persons in | ||||||
15 | any one accident, and
$50,000 for damage to property, or | ||||||
16 | does not have any insurance at all,
then the dealer's | ||||||
17 | insurer shall be the primary insurer and the permitted | ||||||
18 | user's
insurer shall be the secondary
insurer.
| ||||||
19 | When a permitted user is "test driving" a new vehicle | ||||||
20 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
21 | shall be primary and the permitted user's
insurance shall | ||||||
22 | be secondary.
| ||||||
23 | As used in this paragraph 6, a "permitted user" is a | ||||||
24 | person who, with the
permission of the new vehicle dealer | ||||||
25 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
26 | owned and held for sale or lease by the new vehicle dealer
|
| |||||||
| |||||||
1 | which the person is considering
to purchase or lease, in | ||||||
2 | order to evaluate the performance, reliability, or
| ||||||
3 | condition of the vehicle.
The term "permitted user" also | ||||||
4 | includes a person who, with the permission of
the new
| ||||||
5 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
6 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
7 | the user's vehicle is being repaired or evaluated.
| ||||||
8 | As used in this paragraph 6, "test driving" occurs when | ||||||
9 | a permitted user
who,
with the permission of the new | ||||||
10 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
11 | drives a vehicle owned and held for sale or lease by a new | ||||||
12 | vehicle
dealer that the person is considering to purchase | ||||||
13 | or lease, in order to
evaluate the performance, | ||||||
14 | reliability, or condition of the
vehicle.
| ||||||
15 | As used in this paragraph 6, "loaner purposes" means | ||||||
16 | when a person who,
with the permission of the new vehicle | ||||||
17 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
18 | the new vehicle dealer while the
user's vehicle is being | ||||||
19 | repaired or evaluated.
| ||||||
20 | 7. (A) An application for a new motor vehicle dealer's | ||||||
21 | license shall be
accompanied by the following license fees:
| ||||||
22 | (i) $1,000 for applicant's established place of | ||||||
23 | business, and
$100 for each
additional place of | ||||||
24 | business, if any, to which the application
pertains; | ||||||
25 | but if the application is made after June 15 of any | ||||||
26 | year, the license
fee shall be $500 for applicant's |
| |||||||
| |||||||
1 | established place of business
plus
$50 for each | ||||||
2 | additional place of business, if any, to which the
| ||||||
3 | application pertains. License fees shall be returnable | ||||||
4 | only in the event that
the application is denied by the | ||||||
5 | Secretary of State.
All moneys received by the | ||||||
6 | Secretary of State as license fees under this | ||||||
7 | subparagraph (i) prior to applications for the 2004
| ||||||
8 | licensing year
shall be
deposited into the Motor | ||||||
9 | Vehicle Review Board Fund and shall
be used to | ||||||
10 | administer the Motor Vehicle Review Board under the | ||||||
11 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
12 | the Secretary of State as license
fees under this | ||||||
13 | subparagraph (i) for the 2004
licensing year and
| ||||||
14 | thereafter, 10% shall
be deposited into the Motor | ||||||
15 | Vehicle Review Board Fund and shall be used to
| ||||||
16 | administer the Motor Vehicle Review Board under the | ||||||
17 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
18 | into the General Revenue Fund.
| ||||||
19 | (ii) Except as provided in subsection (h) of | ||||||
20 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
21 | Fund Fee in the amount of $500 for the applicant's | ||||||
22 | established place of business, and $50 for each | ||||||
23 | additional place of business, if any, to which the | ||||||
24 | application pertains; but if the application is made | ||||||
25 | after June 15 of any year, the fee shall be $250 for | ||||||
26 | the applicant's established place of business plus $25 |
| |||||||
| |||||||
1 | for each additional place of business, if any, to which | ||||||
2 | the application pertains. License fees shall be | ||||||
3 | returnable only in the event that the application is | ||||||
4 | denied by the Secretary of State. Moneys received under | ||||||
5 | this subparagraph (ii) shall be deposited into the | ||||||
6 | Dealer Recovery Trust Fund.
| ||||||
7 | (B) An application for a new vehicle dealer's license, | ||||||
8 | other than for
a new motor vehicle dealer's license, shall | ||||||
9 | be accompanied by the following
license fees:
| ||||||
10 | (i) $1,000 for applicant's established place of | ||||||
11 | business, and
$50 for each
additional place of | ||||||
12 | business, if any, to which the application pertains; | ||||||
13 | but if
the application is made after June 15 of any | ||||||
14 | year, the license fee shall be
$500
for applicant's | ||||||
15 | established place of business plus $25 for each
| ||||||
16 | additional
place of business, if any, to which the | ||||||
17 | application pertains. License fees
shall be returnable | ||||||
18 | only in the event that the application is denied by the
| ||||||
19 | Secretary of State. Of the money received by the | ||||||
20 | Secretary of State as
license fees under this | ||||||
21 | subparagraph (i) for the 2004 licensing year and | ||||||
22 | thereafter,
95% shall be deposited into the General | ||||||
23 | Revenue Fund.
| ||||||
24 | (ii) Except as provided in subsection (h) of | ||||||
25 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
26 | Fund Fee in the amount of $500 for the applicant's |
| |||||||
| |||||||
1 | established place of business, and $50 for each | ||||||
2 | additional place of business, if any, to which the | ||||||
3 | application pertains; but if the application is made | ||||||
4 | after June 15 of any year, the fee shall be $250 for | ||||||
5 | the applicant's established place of business plus $25 | ||||||
6 | for each additional place of business, if any, to which | ||||||
7 | the application pertains. License fees shall be | ||||||
8 | returnable only in the event that the application is | ||||||
9 | denied by the Secretary of State. Moneys received under | ||||||
10 | this subparagraph (ii) shall be deposited into the | ||||||
11 | Dealer Recovery Trust Fund.
| ||||||
12 | 8. A statement that the applicant's officers, | ||||||
13 | directors,
shareholders having a 10% or greater ownership | ||||||
14 | interest
therein, proprietor, a partner, member, officer, | ||||||
15 | director, trustee, manager
or other principals in the | ||||||
16 | business have not committed in the past 3
years any one | ||||||
17 | violation as determined in any civil, criminal or
| ||||||
18 | administrative proceedings of any one of the following | ||||||
19 | Acts:
| ||||||
20 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
21 | Code;
| ||||||
22 | (B) The Certificate of Title Laws of the Illinois | ||||||
23 | Vehicle Code;
| ||||||
24 | (C) The Offenses against Registration and | ||||||
25 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
26 | Code;
|
| |||||||
| |||||||
1 | (D) The Dealers, Transporters, Wreckers and | ||||||
2 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
3 | (E) Section 21-2 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012 , Criminal Trespass to
| ||||||
5 | Vehicles; or
| ||||||
6 | (F) The Retailers' Occupation Tax Act.
| ||||||
7 | 9. A statement that the applicant's officers, | ||||||
8 | directors,
shareholders having a 10% or greater ownership | ||||||
9 | interest
therein, proprietor, partner, member, officer, | ||||||
10 | director, trustee, manager
or other principals in the | ||||||
11 | business have not committed in any calendar year
3 or more | ||||||
12 | violations, as determined in any civil, criminal or
| ||||||
13 | administrative proceedings, of any one or more of the | ||||||
14 | following Acts:
| ||||||
15 | (A) The Consumer Finance Act;
| ||||||
16 | (B) The Consumer Installment Loan Act;
| ||||||
17 | (C) The Retail Installment Sales Act;
| ||||||
18 | (D) The Motor Vehicle Retail Installment Sales | ||||||
19 | Act;
| ||||||
20 | (E) The Interest Act;
| ||||||
21 | (F) The Illinois Wage Assignment Act;
| ||||||
22 | (G) Part 8 of Article XII of the Code of Civil | ||||||
23 | Procedure; or
| ||||||
24 | (H) The Consumer Fraud Act.
| ||||||
25 | 10. A bond or certificate of deposit in the amount of | ||||||
26 | $20,000 for
each location at which the applicant intends to |
| |||||||
| |||||||
1 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
2 | of the license, or its renewal, for
which application is | ||||||
3 | made, and shall expire not sooner than
December 31 of the | ||||||
4 | year for which the license was issued or renewed. The bond
| ||||||
5 | shall run to the People of the State of Illinois, with | ||||||
6 | surety by a bonding or
insurance company authorized to do | ||||||
7 | business in this State. It shall be
conditioned upon the | ||||||
8 | proper transmittal of all title and registration fees and
| ||||||
9 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
10 | Act) accepted by the
applicant as a new vehicle dealer.
| ||||||
11 | 11. Such other information concerning the business of | ||||||
12 | the applicant as
the Secretary of State may by rule or | ||||||
13 | regulation prescribe.
| ||||||
14 | 12. A statement that the applicant understands Chapter | ||||||
15 | One through
Chapter Five of this Code.
| ||||||
16 | (c) Any change which renders no longer accurate any | ||||||
17 | information
contained in any application for a new vehicle | ||||||
18 | dealer's license shall be
amended within 30 days after the | ||||||
19 | occurrence of such change on such form
as the Secretary of | ||||||
20 | State may prescribe by rule or regulation,
accompanied by an | ||||||
21 | amendatory fee of $2.
| ||||||
22 | (d) Anything in this Chapter 5 to the contrary | ||||||
23 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
24 | dealer unless:
| ||||||
25 | 1. He is authorized by contract in writing between | ||||||
26 | himself and the
manufacturer or franchised distributor of |
| |||||||
| |||||||
1 | such make of vehicle to so
sell the same in this State, and
| ||||||
2 | 2. Such person shall maintain an established place of | ||||||
3 | business as
defined in this Act.
| ||||||
4 | (e) The Secretary of State shall, within a reasonable time | ||||||
5 | after
receipt, examine an application submitted to him under | ||||||
6 | this Section and
unless he makes a determination that the | ||||||
7 | application submitted to him
does not conform with the | ||||||
8 | requirements of this Section or that grounds
exist for a denial | ||||||
9 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
10 | the applicant an original new vehicle dealer's license in
| ||||||
11 | writing for his established place of business and a | ||||||
12 | supplemental license
in writing for each additional place of | ||||||
13 | business in such form as he may
prescribe by rule or regulation | ||||||
14 | which shall include the following:
| ||||||
15 | 1. The name of the person licensed;
| ||||||
16 | 2. If a corporation, the name and address of its | ||||||
17 | officers or if a
sole proprietorship, a partnership, an | ||||||
18 | unincorporated association or any
similar form of business | ||||||
19 | organization, the name and address of the
proprietor or of | ||||||
20 | each partner, member, officer, director, trustee or
| ||||||
21 | manager;
| ||||||
22 | 3. In the case of an original license, the established | ||||||
23 | place of
business of the licensee;
| ||||||
24 | 4. In the case of a supplemental license, the | ||||||
25 | established place of
business of the licensee and the | ||||||
26 | additional place of business to which such
supplemental |
| |||||||
| |||||||
1 | license pertains;
| ||||||
2 | 5. The make or makes of new vehicles which the licensee | ||||||
3 | is licensed
to sell.
| ||||||
4 | (f) The appropriate instrument evidencing the license or a | ||||||
5 | certified
copy thereof, provided by the Secretary of State, | ||||||
6 | shall be kept posted
conspicuously in the established place of | ||||||
7 | business of the licensee and
in each additional place of | ||||||
8 | business, if any, maintained by such
licensee.
| ||||||
9 | (g) Except as provided in subsection (h) hereof, all new | ||||||
10 | vehicle
dealer's licenses granted under this Section shall | ||||||
11 | expire by operation
of law on December 31 of the calendar year | ||||||
12 | for which they are granted
unless sooner revoked or cancelled | ||||||
13 | under the provisions of Section 5-501
of this Chapter.
| ||||||
14 | (h) A new vehicle dealer's license may be renewed upon | ||||||
15 | application
and payment of the fee required herein, and | ||||||
16 | submission of proof of
coverage under an approved bond under | ||||||
17 | the "Retailers' Occupation Tax
Act" or proof that applicant is | ||||||
18 | not subject to such bonding
requirements, as in the case of an | ||||||
19 | original license, but in case an
application for the renewal of | ||||||
20 | an effective license is made during the
month of December, the | ||||||
21 | effective license shall remain in force until the
application | ||||||
22 | is granted or denied by the Secretary of State.
| ||||||
23 | (i) All persons licensed as a new vehicle dealer are | ||||||
24 | required to
furnish each purchaser of a motor vehicle:
| ||||||
25 | 1. In the case of a new vehicle a manufacturer's | ||||||
26 | statement of origin
and in the case of a used motor vehicle |
| |||||||
| |||||||
1 | a certificate of title, in
either case properly assigned to | ||||||
2 | the purchaser;
| ||||||
3 | 2. A statement verified under oath that all identifying | ||||||
4 | numbers on
the vehicle agree with those on the certificate | ||||||
5 | of title or
manufacturer's statement of origin;
| ||||||
6 | 3. A bill of sale properly executed on behalf of such | ||||||
7 | person;
| ||||||
8 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
9 | return
referred to in Section 5-402 hereof;
| ||||||
10 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
11 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
12 | 6. In the case of a vehicle for which the warranty has | ||||||
13 | been reinstated, a
copy of the warranty.
| ||||||
14 | (j) Except at the time of sale or repossession of the | ||||||
15 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
16 | any other person a newly created
key to a vehicle unless the | ||||||
17 | new vehicle dealer makes a copy of the driver's
license or | ||||||
18 | State identification card of the person requesting or obtaining | ||||||
19 | the
newly created key. The new vehicle dealer must retain the | ||||||
20 | copy for 30 days.
| ||||||
21 | A new vehicle dealer who violates this subsection (j) is | ||||||
22 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
23 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
24 | new vehicle dealer's license.
| ||||||
25 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
26 | registration
year and thereafter.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-480, eff. 10-1-11.)
| ||||||
2 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
3 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
4 | (a) No person, other than a licensed new vehicle dealer, | ||||||
5 | shall engage in
the business of selling or dealing in, on | ||||||
6 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
7 | during the year (except house trailers as
authorized by | ||||||
8 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
9 | by their rebuilders to persons licensed under this Chapter), or | ||||||
10 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
11 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
12 | or advertise that he
is so engaged or intends to so engage in | ||||||
13 | such business unless licensed to
do so by the Secretary of | ||||||
14 | State under the provisions of this Section.
| ||||||
15 | (b) An application for a used vehicle dealer's license | ||||||
16 | shall be
filed with the Secretary of State, duly verified by | ||||||
17 | oath, in such form
as the Secretary of State may by rule or | ||||||
18 | regulation prescribe and shall
contain:
| ||||||
19 | 1. The name and type of business organization | ||||||
20 | established and additional
places of business, if any, in | ||||||
21 | this State.
| ||||||
22 | 2. If the applicant is a corporation, a list of its | ||||||
23 | officers,
directors, and shareholders having a ten percent | ||||||
24 | or greater ownership
interest in the corporation, setting | ||||||
25 | forth the residence address of
each; if the applicant is a |
| |||||||
| |||||||
1 | sole proprietorship, a partnership, an
unincorporated | ||||||
2 | association, a trust, or any similar form of business
| ||||||
3 | organization, the names and residence address of the | ||||||
4 | proprietor or of
each partner, member, officer, director, | ||||||
5 | trustee or manager.
| ||||||
6 | 3. A statement that the applicant has been approved for | ||||||
7 | registration
under the Retailers' Occupation Tax Act by the | ||||||
8 | Department of Revenue. However,
this requirement does not | ||||||
9 | apply to a dealer who is already licensed
hereunder with | ||||||
10 | the Secretary of State, and who is merely applying for a
| ||||||
11 | renewal of his license. As evidence of this fact, the | ||||||
12 | application shall be
accompanied by a certification from | ||||||
13 | the Department of Revenue showing that
the Department has | ||||||
14 | approved the applicant for registration under the
| ||||||
15 | Retailers' Occupation Tax Act.
| ||||||
16 | 4. A statement that the applicant has complied with the | ||||||
17 | appropriate
liability insurance requirement. A Certificate | ||||||
18 | of Insurance in a solvent
company authorized to do business | ||||||
19 | in the State of Illinois shall be included
with each | ||||||
20 | application covering each location at which he proposes to | ||||||
21 | act
as a used vehicle dealer. The policy must provide | ||||||
22 | liability coverage in
the minimum amounts of $100,000 for | ||||||
23 | bodily injury to, or death of, any person,
$300,000 for | ||||||
24 | bodily injury to, or death of, two or more persons in any | ||||||
25 | one
accident, and $50,000 for damage to property. Such | ||||||
26 | policy shall expire
not sooner than December 31 of the year |
| |||||||
| |||||||
1 | for which the license was issued
or renewed. The expiration | ||||||
2 | of the insurance policy shall not terminate
the liability | ||||||
3 | under the policy arising during the period for which the | ||||||
4 | policy
was filed. Trailer and mobile home dealers are | ||||||
5 | exempt from this requirement.
| ||||||
6 | If the permitted user has a liability insurance policy | ||||||
7 | that provides
automobile
liability insurance coverage of | ||||||
8 | at least $100,000 for bodily injury to or the
death of any
| ||||||
9 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
10 | or more persons in
any one
accident, and $50,000 for damage | ||||||
11 | to property,
then the permitted user's insurer shall be the | ||||||
12 | primary
insurer and the
dealer's insurer shall be the | ||||||
13 | secondary insurer. If the permitted user does not
have a | ||||||
14 | liability
insurance policy that provides automobile | ||||||
15 | liability insurance coverage of at
least
$100,000 for | ||||||
16 | bodily injury to or the death of any person, $300,000 for | ||||||
17 | bodily
injury to or
the death of any 2 or more persons in | ||||||
18 | any one accident, and $50,000 for damage
to
property, or | ||||||
19 | does not have any insurance at all,
then the
dealer's
| ||||||
20 | insurer shall be the primary insurer and the permitted | ||||||
21 | user's insurer shall be
the secondary
insurer.
| ||||||
22 | When a permitted user is "test driving" a used vehicle | ||||||
23 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
24 | shall be primary and the permitted user's
insurance shall | ||||||
25 | be secondary.
| ||||||
26 | As used in this paragraph 4, a "permitted user" is a |
| |||||||
| |||||||
1 | person who, with the
permission of the used vehicle dealer | ||||||
2 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
3 | owned and held for sale or lease by the used vehicle
dealer | ||||||
4 | which the person is considering to purchase or lease, in | ||||||
5 | order to
evaluate the performance, reliability, or | ||||||
6 | condition of the vehicle.
The term "permitted user" also | ||||||
7 | includes a person who, with the permission of
the used
| ||||||
8 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
9 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
10 | the user's vehicle is being repaired or evaluated.
| ||||||
11 | As used in this paragraph 4, "test driving" occurs when | ||||||
12 | a permitted user
who,
with the permission of the used | ||||||
13 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
14 | drives a vehicle owned and held for sale or lease by a used | ||||||
15 | vehicle
dealer that the person is considering to purchase | ||||||
16 | or lease, in order to
evaluate the performance, | ||||||
17 | reliability, or condition of the
vehicle.
| ||||||
18 | As used in this paragraph 4, "loaner purposes" means | ||||||
19 | when a person who,
with the permission of the used vehicle | ||||||
20 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
21 | the used vehicle dealer while the
user's vehicle is being | ||||||
22 | repaired or evaluated.
| ||||||
23 | 5. An application for a used vehicle dealer's license | ||||||
24 | shall be
accompanied by the following license fees:
| ||||||
25 | (A) $1,000 for applicant's established place of | ||||||
26 | business, and
$50 for
each additional place of |
| |||||||
| |||||||
1 | business, if any, to which the application
pertains; | ||||||
2 | however, if the application is made after June 15 of | ||||||
3 | any
year, the license fee shall be $500 for applicant's | ||||||
4 | established
place of
business plus $25 for each | ||||||
5 | additional place of business, if any,
to
which the | ||||||
6 | application pertains. License fees shall be returnable | ||||||
7 | only in
the event that the application is denied by
the | ||||||
8 | Secretary of State. Of the money received by the | ||||||
9 | Secretary of State as
license fees under this | ||||||
10 | subparagraph (A) for the 2004 licensing year and | ||||||
11 | thereafter, 95%
shall be deposited into the General | ||||||
12 | Revenue Fund.
| ||||||
13 | (B) Except as provided in subsection (h) of Section | ||||||
14 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
15 | Fee in the amount of $500 for the applicant's | ||||||
16 | established place of business, and $50 for each | ||||||
17 | additional place of business, if any, to which the | ||||||
18 | application pertains; but if the application is made | ||||||
19 | after June 15 of any year, the fee shall be $250 for | ||||||
20 | the applicant's established place of business plus $25 | ||||||
21 | for each additional place of business, if any, to which | ||||||
22 | the application pertains. License fees shall be | ||||||
23 | returnable only in the event that the application is | ||||||
24 | denied by the Secretary of State. Moneys received under | ||||||
25 | this subparagraph (B) shall be deposited into the | ||||||
26 | Dealer Recovery Trust Fund.
|
| |||||||
| |||||||
1 | 6. A statement that the applicant's officers, | ||||||
2 | directors, shareholders
having a 10% or greater ownership | ||||||
3 | interest therein, proprietor, partner,
member, officer, | ||||||
4 | director, trustee, manager or other principals in the
| ||||||
5 | business have not committed in the past 3 years any one | ||||||
6 | violation as
determined in any civil, criminal or | ||||||
7 | administrative proceedings of any one
of the following | ||||||
8 | Acts:
| ||||||
9 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
10 | Code;
| ||||||
11 | (B) The Certificate of Title Laws of the Illinois | ||||||
12 | Vehicle Code;
| ||||||
13 | (C) The Offenses against Registration and | ||||||
14 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
15 | Code;
| ||||||
16 | (D) The Dealers, Transporters, Wreckers and | ||||||
17 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
18 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012 , Criminal
Trespass to | ||||||
20 | Vehicles; or
| ||||||
21 | (F) The Retailers' Occupation Tax Act.
| ||||||
22 | 7. A statement that the applicant's officers, | ||||||
23 | directors,
shareholders having a 10% or greater ownership | ||||||
24 | interest therein,
proprietor, partner, member, officer, | ||||||
25 | director, trustee, manager or
other principals in the | ||||||
26 | business have not committed in any calendar year
3 or more |
| |||||||
| |||||||
1 | violations, as determined in any civil or criminal or
| ||||||
2 | administrative proceedings, of any one or more of the | ||||||
3 | following Acts:
| ||||||
4 | (A) The Consumer Finance Act;
| ||||||
5 | (B) The Consumer Installment Loan Act;
| ||||||
6 | (C) The Retail Installment Sales Act;
| ||||||
7 | (D) The Motor Vehicle Retail Installment Sales | ||||||
8 | Act;
| ||||||
9 | (E) The Interest Act;
| ||||||
10 | (F) The Illinois Wage Assignment Act;
| ||||||
11 | (G) Part 8 of Article XII of the Code of Civil | ||||||
12 | Procedure; or
| ||||||
13 | (H) The Consumer Fraud Act.
| ||||||
14 | 8. A bond or Certificate of Deposit in the amount of | ||||||
15 | $20,000 for
each location at which the applicant intends to | ||||||
16 | act as a used vehicle
dealer. The bond shall be for the | ||||||
17 | term of the license, or its renewal, for
which application | ||||||
18 | is made, and shall expire not sooner than December 31 of
| ||||||
19 | the year for which the license was issued or renewed. The | ||||||
20 | bond shall run
to the People of the State of Illinois, with | ||||||
21 | surety by a bonding or
insurance company authorized to do | ||||||
22 | business in this State. It shall be
conditioned upon the | ||||||
23 | proper transmittal of all title and registration fees
and | ||||||
24 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
25 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
26 | 9. Such other information concerning the business of |
| |||||||
| |||||||
1 | the applicant as
the Secretary of State may by rule or | ||||||
2 | regulation prescribe.
| ||||||
3 | 10. A statement that the applicant understands Chapter | ||||||
4 | 1 through
Chapter 5 of this Code.
| ||||||
5 | 11. A copy of the certification from the prelicensing | ||||||
6 | education
program. | ||||||
7 | (c) Any change which renders no longer accurate any | ||||||
8 | information
contained in any application for a used vehicle | ||||||
9 | dealer's license shall
be amended within 30 days after the | ||||||
10 | occurrence of each change on such
form as the Secretary of | ||||||
11 | State may prescribe by rule or regulation,
accompanied by an | ||||||
12 | amendatory fee of $2.
| ||||||
13 | (d) Anything in this Chapter to the contrary | ||||||
14 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
15 | dealer unless such person
maintains an established place of | ||||||
16 | business as
defined in this Chapter.
| ||||||
17 | (e) The Secretary of State shall, within a reasonable time | ||||||
18 | after
receipt, examine an application submitted to him under | ||||||
19 | this Section.
Unless the Secretary makes a determination that | ||||||
20 | the application
submitted to him does not conform to this | ||||||
21 | Section or that grounds exist
for a denial of the application | ||||||
22 | under Section 5-501 of this Chapter, he
must grant the | ||||||
23 | applicant an original used vehicle dealer's license in
writing | ||||||
24 | for his established place of business and a supplemental | ||||||
25 | license
in writing for each additional place of business in | ||||||
26 | such form as he may
prescribe by rule or regulation which shall |
| |||||||
| |||||||
1 | include the following:
| ||||||
2 | 1. The name of the person licensed;
| ||||||
3 | 2. If a corporation, the name and address of its | ||||||
4 | officers or if a
sole proprietorship, a partnership, an | ||||||
5 | unincorporated association or any
similar form of business | ||||||
6 | organization, the name and address of the
proprietor or of | ||||||
7 | each partner, member, officer, director, trustee or
| ||||||
8 | manager;
| ||||||
9 | 3. In case of an original license, the established | ||||||
10 | place of business
of the licensee;
| ||||||
11 | 4. In the case of a supplemental license, the | ||||||
12 | established place of
business of the licensee and the | ||||||
13 | additional place of business to which such
supplemental | ||||||
14 | license pertains.
| ||||||
15 | (f) The appropriate instrument evidencing the license or a | ||||||
16 | certified
copy thereof, provided by the Secretary of State | ||||||
17 | shall be kept posted,
conspicuously, in the established place | ||||||
18 | of business of the licensee and
in each additional place of | ||||||
19 | business, if any, maintained by such
licensee.
| ||||||
20 | (g) Except as provided in subsection (h) of this Section, | ||||||
21 | all used
vehicle dealer's licenses granted under this Section | ||||||
22 | expire by operation
of law on December 31 of the calendar year | ||||||
23 | for which they are granted
unless sooner revoked or cancelled | ||||||
24 | under Section 5-501 of this Chapter.
| ||||||
25 | (h) A used vehicle dealer's license may be renewed upon | ||||||
26 | application
and payment of the fee required herein, and |
| |||||||
| |||||||
1 | submission of proof of
coverage by an approved bond under the | ||||||
2 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
3 | subject to such bonding requirements, as
in the case of an | ||||||
4 | original license, but in case an application for the
renewal of | ||||||
5 | an effective license is made during the month of December,
the | ||||||
6 | effective license shall remain in force until the application | ||||||
7 | for
renewal is granted or denied by the Secretary of State.
| ||||||
8 | (i) All persons licensed as a used vehicle dealer are | ||||||
9 | required to
furnish each purchaser of a motor vehicle:
| ||||||
10 | 1. A certificate of title properly assigned to the | ||||||
11 | purchaser;
| ||||||
12 | 2. A statement verified under oath that all identifying | ||||||
13 | numbers on
the vehicle agree with those on the certificate | ||||||
14 | of title;
| ||||||
15 | 3. A bill of sale properly executed on behalf of such | ||||||
16 | person;
| ||||||
17 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
18 | return
referred to in Section 5-402 of this Chapter;
| ||||||
19 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
20 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
21 | 6. In the case of a vehicle for which the warranty has | ||||||
22 | been reinstated, a
copy of the warranty.
| ||||||
23 | (j) A real estate broker holding a valid certificate of | ||||||
24 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
25 | Salesmen License Act" may engage
in the business of selling or | ||||||
26 | dealing in house trailers not his own without
being licensed as |
| |||||||
| |||||||
1 | a used vehicle dealer under this Section; however such
broker | ||||||
2 | shall maintain a record of the transaction including the | ||||||
3 | following:
| ||||||
4 | (1) the name and address of the buyer and seller,
| ||||||
5 | (2) the date of sale,
| ||||||
6 | (3) a description of the mobile home, including the | ||||||
7 | vehicle identification
number, make, model, and year, and
| ||||||
8 | (4) the Illinois certificate of title number.
| ||||||
9 | The foregoing records shall be available for inspection by | ||||||
10 | any officer
of the Secretary of State's Office at any | ||||||
11 | reasonable hour.
| ||||||
12 | (k) Except at the time of sale or repossession of the | ||||||
13 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
14 | any other person a newly
created key to a vehicle unless the | ||||||
15 | used vehicle dealer makes a copy of the
driver's license or | ||||||
16 | State identification card of the person requesting or
obtaining | ||||||
17 | the newly created key. The used vehicle dealer must retain the
| ||||||
18 | copy for 30 days.
| ||||||
19 | A used vehicle dealer who violates this subsection (k) is | ||||||
20 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
21 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
22 | used vehicle dealer's license. | ||||||
23 | (l) Used vehicle dealers licensed under this Section shall | ||||||
24 | provide the Secretary of State a register for the sale at | ||||||
25 | auction of each salvage or junk certificate vehicle. Each | ||||||
26 | register shall include the following information: |
| |||||||
| |||||||
1 | 1. The year, make, model, style and color of the | ||||||
2 | vehicle; | ||||||
3 | 2. The vehicle's manufacturer's identification number | ||||||
4 | or, if applicable, the Secretary of State or Illinois | ||||||
5 | Department of State Police identification number; | ||||||
6 | 3. The date of acquisition of the vehicle; | ||||||
7 | 4. The name and address of the person from whom the | ||||||
8 | vehicle was acquired; | ||||||
9 | 5. The name and address of the person to whom any | ||||||
10 | vehicle was disposed, the person's Illinois license number | ||||||
11 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
12 | the license number from the state or jurisdiction where the | ||||||
13 | buyer is licensed; and | ||||||
14 | 6. The purchase price of the vehicle. | ||||||
15 | The register shall be submitted to the Secretary of State | ||||||
16 | via written or electronic means within 10 calendar days from | ||||||
17 | the date of the auction.
| ||||||
18 | (Source: P.A. 96-678, eff. 8-25-09; 97-480, eff. 10-1-11.)
| ||||||
19 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||||||
20 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
21 | repairers and
rebuilders must be licensed. | ||||||
22 | (a) No person in this State shall, except as an incident to
| ||||||
23 | the servicing of vehicles, carry on or conduct the business
of | ||||||
24 | a automotive parts recyclers, a scrap processor, a repairer,
or | ||||||
25 | a rebuilder, unless licensed to do so in writing by the |
| |||||||
| |||||||
1 | Secretary of
State under this Section. No person shall rebuild | ||||||
2 | a salvage vehicle
unless such person is licensed as a rebuilder | ||||||
3 | by the Secretary of State
under this Section. No person shall | ||||||
4 | engage in the business of acquiring 5 or more previously owned | ||||||
5 | vehicles in one calendar year for the primary purpose of | ||||||
6 | disposing of those vehicles in the manner described in the | ||||||
7 | definition of a "scrap processor" in this Code unless the | ||||||
8 | person is licensed as an automotive parts recycler by the | ||||||
9 | Secretary of State under this Section. Each license shall be | ||||||
10 | applied for and issued
separately, except that a license issued | ||||||
11 | to a new vehicle dealer under
Section 5-101 of this Code shall | ||||||
12 | also be deemed to be a repairer license.
| ||||||
13 | (b) Any application filed with the Secretary of State, | ||||||
14 | shall be duly
verified by oath, in such form as the Secretary | ||||||
15 | of State may by rule or
regulation prescribe and shall contain:
| ||||||
16 | 1. The name and type of business organization of the | ||||||
17 | applicant and
his principal or additional places of | ||||||
18 | business, if any, in this State.
| ||||||
19 | 2. The kind or kinds of business enumerated in | ||||||
20 | subsection (a) of
this Section to be conducted at each | ||||||
21 | location.
| ||||||
22 | 3. If the applicant is a corporation, a list of its | ||||||
23 | officers,
directors, and shareholders having a ten percent | ||||||
24 | or greater ownership
interest in the corporation, setting | ||||||
25 | forth the residence address of each;
if the applicant is a | ||||||
26 | sole proprietorship, a partnership, an unincorporated
|
| |||||||
| |||||||
1 | association, a trust, or any similar form of business | ||||||
2 | organization, the
names and residence address of the | ||||||
3 | proprietor or of each partner, member,
officer, director, | ||||||
4 | trustee or manager.
| ||||||
5 | 4. A statement that the applicant's officers, | ||||||
6 | directors, shareholders
having a ten percent or greater | ||||||
7 | ownership interest therein, proprietor,
partner, member, | ||||||
8 | officer, director, trustee, manager, or other principals
| ||||||
9 | in the business have not committed in the past three years | ||||||
10 | any one
violation as determined in any civil or criminal or | ||||||
11 | administrative
proceedings of any one of the following | ||||||
12 | Acts:
| ||||||
13 | (a) The Anti Theft Laws of the Illinois Vehicle | ||||||
14 | Code;
| ||||||
15 | (b) The "Certificate of Title Laws" of the Illinois | ||||||
16 | Vehicle Code;
| ||||||
17 | (c) The "Offenses against Registration and | ||||||
18 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
19 | Code;
| ||||||
20 | (d) The "Dealers, Transporters, Wreckers and | ||||||
21 | Rebuilders Laws" of the
Illinois Vehicle Code;
| ||||||
22 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 , Criminal Trespass to
| ||||||
24 | Vehicles; or
| ||||||
25 | (f) The Retailers Occupation Tax Act.
| ||||||
26 | 5. A statement that the applicant's officers, |
| |||||||
| |||||||
1 | directors, shareholders
having a ten percent or greater | ||||||
2 | ownership interest therein, proprietor,
partner, member, | ||||||
3 | officer, director, trustee, manager or other principals
in | ||||||
4 | the business have not committed in any calendar year 3 or | ||||||
5 | more
violations, as determined in any civil or criminal or | ||||||
6 | administrative
proceedings, of any one or more of the | ||||||
7 | following Acts:
| ||||||
8 | (a) The Consumer Finance Act;
| ||||||
9 | (b) The Consumer Installment Loan Act;
| ||||||
10 | (c) The Retail Installment Sales Act;
| ||||||
11 | (d) The Motor Vehicle Retail Installment Sales | ||||||
12 | Act;
| ||||||
13 | (e) The Interest Act;
| ||||||
14 | (f) The Illinois Wage Assignment Act;
| ||||||
15 | (g) Part 8 of Article XII of the Code of Civil | ||||||
16 | Procedure; or
| ||||||
17 | (h) The Consumer Fraud Act.
| ||||||
18 | 6. An application for a license shall be accompanied by | ||||||
19 | the
following fees:
$50 for applicant's established place | ||||||
20 | of business;
$25 for each
additional place of business, if | ||||||
21 | any, to which the application pertains;
provided, however, | ||||||
22 | that if such an application is made after June 15 of
any | ||||||
23 | year, the license fee shall be $25 for applicant's | ||||||
24 | established
place
of business plus $12.50 for each | ||||||
25 | additional place of business, if
any,
to which the | ||||||
26 | application pertains. License fees shall be returnable |
| |||||||
| |||||||
1 | only
in the event that such application shall be denied by | ||||||
2 | the Secretary of
State.
| ||||||
3 | 7. A statement that the applicant understands Chapter 1 | ||||||
4 | through
Chapter 5 of this Code.
| ||||||
5 | 8. A statement that the applicant shall comply with
| ||||||
6 | subsection (e)
of this Section.
| ||||||
7 | (c) Any change which renders no longer accurate any | ||||||
8 | information
contained in any application for a license filed | ||||||
9 | with the Secretary of
State shall be amended within 30 days | ||||||
10 | after the occurrence of such
change on such form as the | ||||||
11 | Secretary of State may prescribe by rule or
regulation, | ||||||
12 | accompanied by an amendatory fee of $2.
| ||||||
13 | (d) Anything in this chapter to the contrary, | ||||||
14 | notwithstanding, no
person shall be licensed under this Section | ||||||
15 | unless such person shall
maintain an established place of | ||||||
16 | business as defined in this Chapter.
| ||||||
17 | (e) The Secretary of State shall within a reasonable time | ||||||
18 | after
receipt thereof, examine an application submitted to him | ||||||
19 | under this
Section and unless he makes a determination that the | ||||||
20 | application
submitted to him does not conform with the | ||||||
21 | requirements of this Section
or that grounds exist for a denial | ||||||
22 | of the application, as prescribed in
Section 5-501 of this | ||||||
23 | Chapter, grant the applicant an original license
as applied for | ||||||
24 | in writing for his established place of business and a
| ||||||
25 | supplemental license in writing for each additional place of
| ||||||
26 | business in such form as he may prescribe by rule or regulation |
| |||||||
| |||||||
1 | which shall
include the following:
| ||||||
2 | 1. The name of the person licensed;
| ||||||
3 | 2. If a corporation, the name and address of its | ||||||
4 | officers or if a
sole proprietorship, a partnership, an | ||||||
5 | unincorporated association or any
similar form of business | ||||||
6 | organization, the name and address of the
proprietor or of | ||||||
7 | each partner, member, officer, director, trustee or | ||||||
8 | manager;
| ||||||
9 | 3. A designation of the kind or kinds of business | ||||||
10 | enumerated in
subsection (a) of this Section to be | ||||||
11 | conducted at each location;
| ||||||
12 | 4. In the case of an original license, the established | ||||||
13 | place of
business of the licensee;
| ||||||
14 | 5. In the case of a supplemental license, the | ||||||
15 | established place of
business of the licensee and the | ||||||
16 | additional place of business to which such
supplemental | ||||||
17 | license pertains.
| ||||||
18 | (f) The appropriate instrument evidencing the license or a | ||||||
19 | certified
copy thereof, provided by the Secretary of State | ||||||
20 | shall be kept, posted,
conspicuously in the established place | ||||||
21 | of business of the
licensee and in each additional place of | ||||||
22 | business, if any, maintained by
such licensee. The licensee | ||||||
23 | also shall post conspicuously in the
established place of | ||||||
24 | business and in each additional place of business a
notice | ||||||
25 | which states that such business is required to be licensed by | ||||||
26 | the
Secretary of State under Section 5-301, and which provides |
| |||||||
| |||||||
1 | the license
number of the business and the license expiration | ||||||
2 | date. This notice also
shall advise the consumer that any | ||||||
3 | complaints as to the quality of service
may be brought to the | ||||||
4 | attention of the Attorney General. The information
required on | ||||||
5 | this notice also shall be printed conspicuously on all
| ||||||
6 | estimates and receipts for work by the licensee subject to this | ||||||
7 | Section.
The Secretary of State shall prescribe the specific | ||||||
8 | format of this notice.
| ||||||
9 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
10 | granted
under this Section shall expire by operation of law on | ||||||
11 | December 31 of
the calendar year for which they are granted | ||||||
12 | unless sooner revoked or
cancelled under the provisions of | ||||||
13 | Section 5-501 of this Chapter.
| ||||||
14 | (h) Any license granted under this Section may be renewed | ||||||
15 | upon
application and payment of the fee required herein as in | ||||||
16 | the case of an
original license, provided, however, that in | ||||||
17 | case an application for the
renewal of an effective license is | ||||||
18 | made during the month of December,
such effective license shall | ||||||
19 | remain in force until such application is
granted or denied by | ||||||
20 | the Secretary of State.
| ||||||
21 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
22 | addition to the requirements of subsections (a)
through
(h) of | ||||||
23 | this Section, meet the following licensing requirements:
| ||||||
24 | 1. Provide proof that the property on which first time
| ||||||
25 | applicants plan to
do business is in compliance with local | ||||||
26 | zoning laws and regulations, and
a listing of zoning |
| |||||||
| |||||||
1 | classification;
| ||||||
2 | 2. Provide proof that the applicant for a repairer's
| ||||||
3 | license complies
with the proper workers' compensation | ||||||
4 | rate code or classification, and
listing the code of | ||||||
5 | classification for that industry;
| ||||||
6 | 3. Provide proof that the applicant for a rebuilder's
| ||||||
7 | license complies
with the proper workers' compensation | ||||||
8 | rate code or classification for the
repair industry or the | ||||||
9 | auto parts recycling industry and listing the code
of | ||||||
10 | classification;
| ||||||
11 | 4. Provide proof that the applicant has obtained or
| ||||||
12 | applied for a
hazardous waste generator number, and listing | ||||||
13 | the actual number if
available or certificate of exemption;
| ||||||
14 | 5. Provide proof that applicant has proper liability
| ||||||
15 | insurance, and
listing the name of the insurer and the | ||||||
16 | policy number; and
| ||||||
17 | 6. Provide proof that the applicant has obtained or
| ||||||
18 | applied for the proper
State sales tax classification and | ||||||
19 | federal identification tax number, and
listing the actual | ||||||
20 | numbers if available.
| ||||||
21 | (i-1) All automotive repairers shall provide proof that | ||||||
22 | they comply with all requirements of the Automotive Collision | ||||||
23 | Repair Act.
| ||||||
24 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
25 | the requirements of subsections (a) through
(h) of this | ||||||
26 | Section, meet the following licensing requirements:
|
| |||||||
| |||||||
1 | 1. A statement that the applicant purchases 5 vehicles
| ||||||
2 | per year or has 5
hulks or chassis in stock;
| ||||||
3 | 2. Provide proof that the property on which all first
| ||||||
4 | time applicants will
do business does comply to the proper | ||||||
5 | local zoning laws in existence, and
a listing of zoning | ||||||
6 | classifications;
| ||||||
7 | 3. Provide proof that applicant complies with the
| ||||||
8 | proper workers'
compensation rate code or classification, | ||||||
9 | and listing the code of
classification; and
| ||||||
10 | 4. Provide proof that applicant has obtained or
applied | ||||||
11 | for the proper
State sales tax classification and federal | ||||||
12 | identification tax number, and
listing the actual numbers | ||||||
13 | if available.
| ||||||
14 | (Source: P.A. 97-832, eff. 7-20-12.)
| ||||||
15 | (625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| ||||||
16 | Sec. 5-501. Denial, suspension or revocation or | ||||||
17 | cancellation of a license. | ||||||
18 | (a) The license of a person issued under this Chapter may | ||||||
19 | be denied,
revoked or suspended if the Secretary of State finds | ||||||
20 | that the applicant,
or the officer, director, shareholder | ||||||
21 | having a ten percent or
greater ownership interest in the | ||||||
22 | corporation, owner, partner, trustee,
manager, employee or the | ||||||
23 | licensee
has:
| ||||||
24 | 1. Violated this Act;
| ||||||
25 | 2. Made any material misrepresentation to the |
| |||||||
| |||||||
1 | Secretary of State in
connection with an application for a | ||||||
2 | license, junking certificate,
salvage certificate, title | ||||||
3 | or registration;
| ||||||
4 | 3. Committed a fraudulent act in connection with | ||||||
5 | selling,
bartering, exchanging, offering for sale or | ||||||
6 | otherwise dealing in
vehicles, chassis, essential parts, | ||||||
7 | or vehicle shells;
| ||||||
8 | 4. As a new vehicle dealer has no contract with a | ||||||
9 | manufacturer or
enfranchised distributor to sell that new | ||||||
10 | vehicle in this State;
| ||||||
11 | 5. Not maintained an established place of business as | ||||||
12 | defined in
this Code;
| ||||||
13 | 6. Failed to file or produce for the Secretary of State | ||||||
14 | any
application, report, document or other pertinent | ||||||
15 | books, records,
documents, letters, contracts, required to | ||||||
16 | be filed or produced under
this Code or any rule or | ||||||
17 | regulation made by the Secretary of State
pursuant to this | ||||||
18 | Code;
| ||||||
19 | 7. Previously had, within 3 years, such a license | ||||||
20 | denied, suspended,
revoked, or cancelled under the | ||||||
21 | provisions of subsection (c)(2)
of this Section;
| ||||||
22 | 8. Has committed in any calendar year 3 or more | ||||||
23 | violations, as
determined in any civil or criminal | ||||||
24 | proceeding, of any one or more of
the following Acts:
| ||||||
25 | a. the "Consumer Finance Act";
| ||||||
26 | b. the "Consumer Installment Loan Act";
|
| |||||||
| |||||||
1 | c. the "Retail Installment Sales Act";
| ||||||
2 | d. the "Motor Vehicle Retail Installment Sales | ||||||
3 | Act";
| ||||||
4 | e. "An Act in relation to the rate of interest and | ||||||
5 | other charges in
connection with sales on credit and | ||||||
6 | the lending of money", approved May
24, 1879, as | ||||||
7 | amended;
| ||||||
8 | f. "An Act to promote the welfare of wage-earners | ||||||
9 | by regulating the
assignment of wages, and prescribing | ||||||
10 | a penalty for the violation
thereof", approved July 1, | ||||||
11 | 1935, as amended;
| ||||||
12 | g. Part 8 of Article XII of the Code of Civil | ||||||
13 | Procedure; or
| ||||||
14 | h. the "Consumer Fraud Act";
| ||||||
15 | 9. Failed to pay any fees or taxes due under this Act, | ||||||
16 | or has
failed to transmit any fees or taxes received by him | ||||||
17 | for transmittal by
him to the Secretary of State or the | ||||||
18 | State of Illinois;
| ||||||
19 | 10. Converted an abandoned vehicle;
| ||||||
20 | 11. Used a vehicle identification plate or number | ||||||
21 | assigned to a
vehicle other than the one to which | ||||||
22 | originally assigned;
| ||||||
23 | 12. Violated the provisions of Chapter 5 of this Act, | ||||||
24 | as amended;
| ||||||
25 | 13. Violated the provisions of Chapter 4 of this Act, | ||||||
26 | as amended;
|
| |||||||
| |||||||
1 | 14. Violated the provisions of Chapter 3 of this Act, | ||||||
2 | as amended;
| ||||||
3 | 15. Violated Section 21-2 of the Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012 , Criminal Trespass
to | ||||||
5 | Vehicles;
| ||||||
6 | 16. Made or concealed a material fact in connection | ||||||
7 | with his application
for a license;
| ||||||
8 | 17. Acted in the capacity of a person licensed or acted | ||||||
9 | as a licensee
under this Chapter without having a license | ||||||
10 | therefor;
| ||||||
11 | 18. Failed to pay, within 90 days after a final | ||||||
12 | judgment, any fines
assessed against the licensee pursuant | ||||||
13 | to an action brought under Section 5-404;
| ||||||
14 | 19. Failed to pay the Dealer Recovery Trust Fund fee | ||||||
15 | under Section 5-102.7 of this Code; | ||||||
16 | 20. Failed to pay, within 90 days after notice has been | ||||||
17 | given, any fine or fee owed as a result of an | ||||||
18 | administrative citation issued by the Secretary under this | ||||||
19 | Code. | ||||||
20 | (b) In addition to other grounds specified in this Chapter, | ||||||
21 | the
Secretary of State, on complaint of the Department of | ||||||
22 | Revenue, shall
refuse the issuance or renewal of a license, or | ||||||
23 | suspend or revoke such
license, for any of the following | ||||||
24 | violations of the "Retailers'
Occupation Tax Act":
| ||||||
25 | 1. Failure to make a tax return;
| ||||||
26 | 2. The filing of a fraudulent return;
|
| |||||||
| |||||||
1 | 3. Failure to pay all or part of any tax or penalty | ||||||
2 | finally
determined to be due;
| ||||||
3 | 4. Failure to comply with the bonding requirements of | ||||||
4 | the
"Retailers' Occupation Tax Act".
| ||||||
5 | (b-1) In addition to other grounds specified in this | ||||||
6 | Chapter, the
Secretary of State, on complaint of the Motor | ||||||
7 | Vehicle Review Board, shall
refuse the issuance or renewal of a | ||||||
8 | license, or suspend or revoke that
license, if costs or fees | ||||||
9 | assessed under Section 29 or Section 30 of the Motor Vehicle | ||||||
10 | Franchise Act have remained unpaid for a period in excess of 90 | ||||||
11 | days after the licensee received from the Motor Vehicle Board a | ||||||
12 | second notice and demand for the costs or fees. The Motor | ||||||
13 | Vehicle Review Board must send the licensee written notice and | ||||||
14 | demand for payment of the fees or costs at least 2 times, and | ||||||
15 | the second notice and demand must be sent by certified mail.
| ||||||
16 | (c) Cancellation of a license.
| ||||||
17 | 1. The license of a person issued under this Chapter | ||||||
18 | may be cancelled
by the Secretary of State prior to its | ||||||
19 | expiration in any of the following
situations:
| ||||||
20 | A. When a license is voluntarily surrendered, by | ||||||
21 | the licensed person;
or
| ||||||
22 | B. If the business enterprise is a sole | ||||||
23 | proprietorship, which is not a
franchised dealership, | ||||||
24 | when the sole proprietor dies or is imprisoned for
any | ||||||
25 | period of time exceeding 30 days; or
| ||||||
26 | C. If the license was issued to the wrong person or |
| |||||||
| |||||||
1 | corporation, or
contains an error on its face. If any | ||||||
2 | person above whose license
has been cancelled wishes to | ||||||
3 | apply for another license, whether during the
same | ||||||
4 | license year or any other year, that person shall be | ||||||
5 | treated as any
other new applicant and the cancellation | ||||||
6 | of the person's prior license
shall not, in and of | ||||||
7 | itself, be a bar to the issuance of a new license.
| ||||||
8 | 2. The license of a person issued under this Chapter | ||||||
9 | may be cancelled
without a hearing when the Secretary of | ||||||
10 | State is notified that the
applicant, or any officer, | ||||||
11 | director, shareholder having a 10 per cent or
greater | ||||||
12 | ownership interest in the corporation, owner, partner, | ||||||
13 | trustee,
manager, employee or member of the applicant or | ||||||
14 | the licensee has been
convicted of any felony involving the | ||||||
15 | selling, bartering, exchanging,
offering for sale, or | ||||||
16 | otherwise dealing in vehicles, chassis, essential
parts, | ||||||
17 | vehicle shells, or ownership documents relating to any of | ||||||
18 | the
above items.
| ||||||
19 | (Source: P.A. 97-480, eff. 10-1-11; 97-838, eff. 7-20-12.)
| ||||||
20 | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
| ||||||
21 | Sec. 6-101. Drivers must have licenses or permits.
| ||||||
22 | (a) No person, except those expressly exempted by Section | ||||||
23 | 6-102, shall
drive any motor vehicle upon a highway in this | ||||||
24 | State unless such person has
a valid license or permit, or a | ||||||
25 | restricted driving permit, issued under the
provisions of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
3 | valid
license or permit, or a restricted driving permit issued | ||||||
4 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||||
5 | Act. Any person to
whom a license is issued under the | ||||||
6 | provisions of this Act must surrender to
the Secretary of State | ||||||
7 | all valid licenses or permits. No drivers license or | ||||||
8 | instruction permit
shall be issued to any person who holds a | ||||||
9 | valid Foreign State license,
identification card, or permit
| ||||||
10 | unless such person first surrenders to the Secretary of State | ||||||
11 | any such
valid Foreign State license,
identification card, or | ||||||
12 | permit.
| ||||||
13 | (b-5) Any person who commits a violation of subsection (a) | ||||||
14 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
15 | at the time of the violation the person's driver's license or | ||||||
16 | permit was cancelled under clause (a)9 of Section 6-201 of this | ||||||
17 | Code.
| ||||||
18 | (c) Any person licensed as a driver hereunder shall not be | ||||||
19 | required by
any city, village, incorporated town or other | ||||||
20 | municipal corporation to
obtain any other license to exercise | ||||||
21 | the privilege thereby granted.
| ||||||
22 | (d) In addition to other penalties imposed under this | ||||||
23 | Section, any person
in violation of this Section who is also in | ||||||
24 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
25 | insurance requirements shall have his or her motor
vehicle | ||||||
26 | immediately impounded by the arresting law enforcement |
| |||||||
| |||||||
1 | officer. The
motor vehicle may be released to any licensed | ||||||
2 | driver upon a showing of proof of
insurance for the motor | ||||||
3 | vehicle that was impounded and the notarized written
consent | ||||||
4 | for the release by the vehicle owner.
| ||||||
5 | (e) In addition to other penalties imposed under this | ||||||
6 | Section, the
vehicle
of any person
in violation of this Section | ||||||
7 | who is also in violation of Section 7-601 of this
Code relating | ||||||
8 | to mandatory insurance requirements and who, in violating this
| ||||||
9 | Section, has caused death or personal injury to another person | ||||||
10 | is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||||||
11 | Criminal Code of 2012 1961 .
For the purposes of this Section, a | ||||||
12 | personal injury shall include
any type A injury as indicated on | ||||||
13 | the traffic accident report completed
by a law enforcement | ||||||
14 | officer that requires immediate professional attention
in | ||||||
15 | either a doctor's office or a medical facility. A type A injury | ||||||
16 | shall
include severely bleeding wounds, distorted extremities, | ||||||
17 | and injuries that
require the injured party to be carried from | ||||||
18 | the scene.
| ||||||
19 | (Source: P.A. 97-229, eff. 7-28-11.)
| ||||||
20 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||||||
21 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
22 | or granted
permits. The Secretary of State shall not issue, | ||||||
23 | renew, or
allow the retention of any driver's
license nor issue | ||||||
24 | any permit under this Code:
| ||||||
25 | 1. To any person, as a driver, who is under the age of |
| |||||||
| |||||||
1 | 18 years except
as provided in Section 6-107, and except | ||||||
2 | that an instruction permit may be
issued under Section | ||||||
3 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
4 | the child is enrolled in an approved
driver education | ||||||
5 | course as defined in Section 1-103 of this Code and
| ||||||
6 | requires an instruction permit to participate therein, | ||||||
7 | except that an
instruction permit may be issued under the | ||||||
8 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
9 | and 3 months of age without the child having
enrolled in an
| ||||||
10 | approved driver education course and except that an
| ||||||
11 | instruction permit may be issued to a child who is at least | ||||||
12 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
13 | the educational requirements of
the Driver Education Act, | ||||||
14 | and has passed examinations the Secretary of State in
his | ||||||
15 | or her discretion may prescribe;
| ||||||
16 | 2. To any person who is under the age of 18 as an | ||||||
17 | operator of a motorcycle
other than a motor driven cycle | ||||||
18 | unless the person has, in addition to
meeting the | ||||||
19 | provisions of Section 6-107 of this Code, successfully
| ||||||
20 | completed a motorcycle
training course approved by the | ||||||
21 | Illinois Department of Transportation and
successfully | ||||||
22 | completes the required Secretary of State's motorcycle | ||||||
23 | driver's
examination;
| ||||||
24 | 3. To any person, as a driver, whose driver's license | ||||||
25 | or permit has been
suspended, during the suspension, nor to | ||||||
26 | any person whose driver's license or
permit has been |
| |||||||
| |||||||
1 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
2 | 6-208;
| ||||||
3 | 4. To any person, as a driver, who is a user of alcohol | ||||||
4 | or any other
drug to a degree that renders the person | ||||||
5 | incapable of safely driving a motor
vehicle;
| ||||||
6 | 5. To any person, as a driver, who has previously been | ||||||
7 | adjudged to be
afflicted with or suffering from any mental | ||||||
8 | or physical disability or disease
and who has not at the | ||||||
9 | time of application been restored to competency by the
| ||||||
10 | methods provided by law;
| ||||||
11 | 6. To any person, as a driver, who is required by the | ||||||
12 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
13 | or take an examination provided
for in this Code unless the | ||||||
14 | person has
successfully passed the examination and | ||||||
15 | submitted any required evaluation;
| ||||||
16 | 7. To any person who is required under the provisions | ||||||
17 | of the laws of
this State to deposit security or proof of | ||||||
18 | financial responsibility and who
has not deposited the | ||||||
19 | security or proof;
| ||||||
20 | 8. To any person when the Secretary of State has good | ||||||
21 | cause to believe
that the person by reason of physical or | ||||||
22 | mental disability would not be
able to safely operate a | ||||||
23 | motor vehicle upon the highways, unless the
person shall | ||||||
24 | furnish to the Secretary of State a verified written
| ||||||
25 | statement, acceptable to the Secretary of State, from a | ||||||
26 | competent medical
specialist, a licensed physician |
| |||||||
| |||||||
1 | assistant who has been delegated the performance of medical | ||||||
2 | examinations by his or her supervising physician, or a | ||||||
3 | licensed advanced practice nurse who has a written | ||||||
4 | collaborative agreement with a collaborating physician | ||||||
5 | which authorizes him or her to perform medical | ||||||
6 | examinations, to the effect that the operation of a motor | ||||||
7 | vehicle by the
person would not be inimical to the public | ||||||
8 | safety;
| ||||||
9 | 9. To any person, as a driver, who is 69 years of age | ||||||
10 | or older, unless
the person has successfully complied with | ||||||
11 | the provisions of Section 6-109;
| ||||||
12 | 10. To any person convicted, within 12 months of | ||||||
13 | application for a
license, of any of the sexual offenses | ||||||
14 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
15 | 6-205;
| ||||||
16 | 11. To any person who is under the age of 21 years with | ||||||
17 | a classification
prohibited in paragraph (b) of Section | ||||||
18 | 6-104 and to any person who is under
the age of 18 years | ||||||
19 | with a classification prohibited in paragraph (c) of
| ||||||
20 | Section 6-104;
| ||||||
21 | 12. To any person who has been either convicted of or | ||||||
22 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
23 | a violation of the Cannabis Control
Act, the Illinois | ||||||
24 | Controlled Substances Act, or the Methamphetamine Control | ||||||
25 | and Community Protection Act while that person was in | ||||||
26 | actual
physical control of a motor vehicle. For purposes of |
| |||||||
| |||||||
1 | this Section, any person
placed on probation under Section | ||||||
2 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
3 | Controlled Substances Act, or Section 70 of the | ||||||
4 | Methamphetamine Control and Community Protection Act shall | ||||||
5 | not be considered convicted.
Any person found guilty of | ||||||
6 | this offense, while in actual physical control of a
motor | ||||||
7 | vehicle, shall have an entry made in the court record by | ||||||
8 | the judge that
this offense did occur while the person was | ||||||
9 | in actual physical control of a
motor vehicle and order the | ||||||
10 | clerk of the court to report the violation to the
Secretary | ||||||
11 | of State as such. The Secretary of State shall not issue a | ||||||
12 | new
license or permit for a period of one year;
| ||||||
13 | 13. To any person who is under the age of 18 years and | ||||||
14 | who has committed
the offense
of operating a motor vehicle | ||||||
15 | without a valid license or permit in violation of
Section | ||||||
16 | 6-101 or a similar out of state offense;
| ||||||
17 | 14. To any person who is
90 days or more
delinquent in | ||||||
18 | court ordered child support
payments or has been | ||||||
19 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
20 | obligation or more
and who has been found in contempt
of
| ||||||
21 | court for failure to pay the support, subject to the | ||||||
22 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
23 | the Illinois Vehicle Code;
| ||||||
24 | 14.5. To any person certified by the Illinois | ||||||
25 | Department of Healthcare and Family Services as being 90 | ||||||
26 | days or more delinquent in payment of support under an |
| |||||||
| |||||||
1 | order of support entered by a court or administrative body | ||||||
2 | of this or any other State, subject to the requirements and | ||||||
3 | procedures of Article VII of Chapter 7 of this Code | ||||||
4 | regarding those certifications;
| ||||||
5 | 15. To any person released from a term of imprisonment | ||||||
6 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012, or a similar provision of a law | ||||||
8 | of another state relating to reckless homicide or for | ||||||
9 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
10 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
11 | driving under the influence of alcohol, other drug or | ||||||
12 | drugs, intoxicating compound or compounds, or any | ||||||
13 | combination thereof, if the violation was the proximate | ||||||
14 | cause of a death, within
24 months of release from a term | ||||||
15 | of imprisonment;
| ||||||
16 | 16. To any person who, with intent to influence any act | ||||||
17 | related to the issuance of any driver's license or permit, | ||||||
18 | by an employee of the Secretary of State's Office, or the | ||||||
19 | owner or employee of any commercial driver training school | ||||||
20 | licensed by the Secretary of State, or any other individual | ||||||
21 | authorized by the laws of this State to give driving | ||||||
22 | instructions or administer all or part of a driver's | ||||||
23 | license examination, promises or tenders to that person any | ||||||
24 | property or personal advantage which that person is not | ||||||
25 | authorized by law to accept. Any persons promising or | ||||||
26 | tendering such property or personal advantage shall be |
| |||||||
| |||||||
1 | disqualified from holding any class of driver's license or | ||||||
2 | permit for 120 consecutive days. The Secretary of State | ||||||
3 | shall establish by rule the procedures for implementing | ||||||
4 | this period of disqualification and the procedures by which | ||||||
5 | persons so disqualified may obtain administrative review | ||||||
6 | of the decision to disqualify;
| ||||||
7 | 17. To any person for whom the Secretary of State | ||||||
8 | cannot verify the
accuracy of any information or | ||||||
9 | documentation submitted in application for a
driver's | ||||||
10 | license; or
| ||||||
11 | 18. To any person who has been adjudicated under the | ||||||
12 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
13 | determined by the court to have been committed in | ||||||
14 | furtherance of the criminal activities of an organized | ||||||
15 | gang, as provided in Section 5-710 of that Act, and that | ||||||
16 | involved the operation or use of a motor vehicle or the use | ||||||
17 | of a driver's license or permit. The person shall be denied | ||||||
18 | a license or permit for the period determined by the court.
| ||||||
19 | The Secretary of State shall retain all conviction
| ||||||
20 | information, if the information is required to be held | ||||||
21 | confidential under
the Juvenile Court Act of 1987. | ||||||
22 | (Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; | ||||||
23 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. | ||||||
24 | 7-22-11.)
| ||||||
25 | (625 ILCS 5/6-106.1)
|
| |||||||
| |||||||
1 | Sec. 6-106.1. School bus driver permit.
| ||||||
2 | (a) The Secretary of State shall issue a school bus driver
| ||||||
3 | permit to those applicants who have met all the requirements of | ||||||
4 | the
application and screening process under this Section to | ||||||
5 | insure the
welfare and safety of children who are transported | ||||||
6 | on school buses
throughout the State of Illinois. Applicants | ||||||
7 | shall obtain the
proper application required by the Secretary | ||||||
8 | of State from their
prospective or current employer and submit | ||||||
9 | the completed
application to the prospective or current | ||||||
10 | employer along
with the necessary fingerprint submission as | ||||||
11 | required by the
Department of
State Police to conduct | ||||||
12 | fingerprint based criminal background
checks on current and | ||||||
13 | future information available in the state
system and current | ||||||
14 | information available through the Federal Bureau
of | ||||||
15 | Investigation's system. Applicants who have completed the
| ||||||
16 | fingerprinting requirements shall not be subjected to the
| ||||||
17 | fingerprinting process when applying for subsequent permits or
| ||||||
18 | submitting proof of successful completion of the annual | ||||||
19 | refresher
course. Individuals who on the effective date of this | ||||||
20 | Act possess a valid
school bus driver permit that has been | ||||||
21 | previously issued by the appropriate
Regional School | ||||||
22 | Superintendent are not subject to the fingerprinting
| ||||||
23 | provisions of this Section as long as the permit remains valid | ||||||
24 | and does not
lapse. The applicant shall be required to pay all | ||||||
25 | related
application and fingerprinting fees as established by | ||||||
26 | rule
including, but not limited to, the amounts established by |
| |||||||
| |||||||
1 | the Department of
State Police and the Federal Bureau of | ||||||
2 | Investigation to process
fingerprint based criminal background | ||||||
3 | investigations. All fees paid for
fingerprint processing | ||||||
4 | services under this Section shall be deposited into the
State | ||||||
5 | Police Services Fund for the cost incurred in processing the | ||||||
6 | fingerprint
based criminal background investigations. All | ||||||
7 | other fees paid under this
Section shall be deposited into the | ||||||
8 | Road
Fund for the purpose of defraying the costs of the | ||||||
9 | Secretary of State in
administering this Section. All | ||||||
10 | applicants must:
| ||||||
11 | 1. be 21 years of age or older;
| ||||||
12 | 2. possess a valid and properly classified driver's | ||||||
13 | license
issued by the Secretary of State;
| ||||||
14 | 3. possess a valid driver's license, which has not been
| ||||||
15 | revoked, suspended, or canceled for 3 years immediately | ||||||
16 | prior to
the date of application, or have not had his or | ||||||
17 | her commercial motor vehicle
driving privileges
| ||||||
18 | disqualified within the 3 years immediately prior to the | ||||||
19 | date of application;
| ||||||
20 | 4. successfully pass a written test, administered by | ||||||
21 | the
Secretary of State, on school bus operation, school bus | ||||||
22 | safety, and
special traffic laws relating to school buses | ||||||
23 | and submit to a review
of the applicant's driving habits by | ||||||
24 | the Secretary of State at the time the
written test is | ||||||
25 | given;
| ||||||
26 | 5. demonstrate ability to exercise reasonable care in |
| |||||||
| |||||||
1 | the operation of
school buses in accordance with rules | ||||||
2 | promulgated by the Secretary of State;
| ||||||
3 | 6. demonstrate physical fitness to operate school | ||||||
4 | buses by
submitting the results of a medical examination, | ||||||
5 | including tests for drug
use for each applicant not subject | ||||||
6 | to such testing pursuant to
federal law, conducted by a | ||||||
7 | licensed physician, an advanced practice nurse
who has a | ||||||
8 | written collaborative agreement with
a collaborating | ||||||
9 | physician which authorizes him or her to perform medical
| ||||||
10 | examinations, or a physician assistant who has been | ||||||
11 | delegated the
performance of medical examinations by his or | ||||||
12 | her supervising physician
within 90 days of the date
of | ||||||
13 | application according to standards promulgated by the | ||||||
14 | Secretary of State;
| ||||||
15 | 7. affirm under penalties of perjury that he or she has | ||||||
16 | not made a
false statement or knowingly concealed a | ||||||
17 | material fact
in any application for permit;
| ||||||
18 | 8. have completed an initial classroom course, | ||||||
19 | including first aid
procedures, in school bus driver safety | ||||||
20 | as promulgated by the Secretary of
State; and after | ||||||
21 | satisfactory completion of said initial course an annual
| ||||||
22 | refresher course; such courses and the agency or | ||||||
23 | organization conducting such
courses shall be approved by | ||||||
24 | the Secretary of State; failure to
complete the annual | ||||||
25 | refresher course, shall result in
cancellation of the | ||||||
26 | permit until such course is completed;
|
| |||||||
| |||||||
1 | 9. not have been under an order of court supervision | ||||||
2 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
3 | defined by rule, within one year prior to the date of | ||||||
4 | application that may
endanger the life or safety of any of | ||||||
5 | the driver's passengers within the
duration of the permit | ||||||
6 | period;
| ||||||
7 | 10. not have been under an order of court supervision | ||||||
8 | for or convicted of reckless driving, aggravated reckless | ||||||
9 | driving, driving while under the influence of alcohol, | ||||||
10 | other drug or drugs, intoxicating compound or compounds or | ||||||
11 | any combination thereof, or reckless homicide resulting | ||||||
12 | from the operation of a motor
vehicle within 3 years of the | ||||||
13 | date of application;
| ||||||
14 | 11. not have been convicted of committing or attempting
| ||||||
15 | to commit any
one or more of the following offenses: (i) | ||||||
16 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
17 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
18 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
19 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
20 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
21 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
22 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
23 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
24 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
25 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
26 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
| |||||||
| |||||||
1 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
2 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
3 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
4 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
5 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
6 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
7 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
8 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
9 | in subsection (a) and subsection (b), clause (1), of | ||||||
10 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
11 | of Section 24-3, and those offenses contained in Article | ||||||
12 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
13 | 2012 ; (ii) those offenses defined in the
Cannabis Control | ||||||
14 | Act except those offenses defined in subsections (a) and
| ||||||
15 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
16 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
17 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
18 | defined in the Methamphetamine Control and Community | ||||||
19 | Protection Act; (v) any offense committed or attempted in | ||||||
20 | any other state or against
the laws of the United States, | ||||||
21 | which if committed or attempted in this
State would be | ||||||
22 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
23 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
24 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
25 | 1961 or the Criminal Code of 2012 ; (vii) those offenses | ||||||
26 | defined in Section 6-16 of the Liquor Control Act of
1934;
|
| |||||||
| |||||||
1 | and (viii) those offenses defined in the Methamphetamine | ||||||
2 | Precursor Control Act;
| ||||||
3 | 12. not have been repeatedly involved as a driver in | ||||||
4 | motor vehicle
collisions or been repeatedly convicted of | ||||||
5 | offenses against
laws and ordinances regulating the | ||||||
6 | movement of traffic, to a degree which
indicates lack of | ||||||
7 | ability to exercise ordinary and reasonable care in the
| ||||||
8 | safe operation of a motor vehicle or disrespect for the | ||||||
9 | traffic laws and
the safety of other persons upon the | ||||||
10 | highway;
| ||||||
11 | 13. not have, through the unlawful operation of a motor
| ||||||
12 | vehicle, caused an accident resulting in the death of any | ||||||
13 | person;
| ||||||
14 | 14. not have, within the last 5 years, been adjudged to | ||||||
15 | be
afflicted with or suffering from any mental disability | ||||||
16 | or disease; and
| ||||||
17 | 15. consent, in writing, to the release of results of | ||||||
18 | reasonable suspicion drug and alcohol testing under | ||||||
19 | Section 6-106.1c of this Code by the employer of the | ||||||
20 | applicant to the Secretary of State. | ||||||
21 | (b) A school bus driver permit shall be valid for a period | ||||||
22 | specified by
the Secretary of State as set forth by rule. It | ||||||
23 | shall be renewable upon compliance with subsection (a) of this
| ||||||
24 | Section.
| ||||||
25 | (c) A school bus driver permit shall contain the holder's | ||||||
26 | driver's
license number, legal name, residence address, zip |
| |||||||
| |||||||
1 | code, and date
of birth, a brief description of the holder and | ||||||
2 | a space for signature. The
Secretary of State may require a | ||||||
3 | suitable photograph of the holder.
| ||||||
4 | (d) The employer shall be responsible for conducting a | ||||||
5 | pre-employment
interview with prospective school bus driver | ||||||
6 | candidates, distributing school
bus driver applications and | ||||||
7 | medical forms to be completed by the applicant, and
submitting | ||||||
8 | the applicant's fingerprint cards to the Department of State | ||||||
9 | Police
that are required for the criminal background | ||||||
10 | investigations. The employer
shall certify in writing to the | ||||||
11 | Secretary of State that all pre-employment
conditions have been | ||||||
12 | successfully completed including the successful completion
of | ||||||
13 | an Illinois specific criminal background investigation through | ||||||
14 | the
Department of State Police and the submission of necessary
| ||||||
15 | fingerprints to the Federal Bureau of Investigation for | ||||||
16 | criminal
history information available through the Federal | ||||||
17 | Bureau of
Investigation system. The applicant shall present the
| ||||||
18 | certification to the Secretary of State at the time of | ||||||
19 | submitting
the school bus driver permit application.
| ||||||
20 | (e) Permits shall initially be provisional upon receiving
| ||||||
21 | certification from the employer that all pre-employment | ||||||
22 | conditions
have been successfully completed, and upon | ||||||
23 | successful completion of
all training and examination | ||||||
24 | requirements for the classification of
the vehicle to be | ||||||
25 | operated, the Secretary of State shall
provisionally issue a | ||||||
26 | School Bus Driver Permit. The permit shall
remain in a |
| |||||||
| |||||||
1 | provisional status pending the completion of the
Federal Bureau | ||||||
2 | of Investigation's criminal background investigation based
| ||||||
3 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
4 | of
Investigation by the Department of State Police. The Federal | ||||||
5 | Bureau of
Investigation shall report the findings directly to | ||||||
6 | the Secretary
of State. The Secretary of State shall remove the | ||||||
7 | bus driver
permit from provisional status upon the applicant's | ||||||
8 | successful
completion of the Federal Bureau of Investigation's | ||||||
9 | criminal
background investigation.
| ||||||
10 | (f) A school bus driver permit holder shall notify the
| ||||||
11 | employer and the Secretary of State if he or she is issued an | ||||||
12 | order of court supervision for or convicted in
another state of | ||||||
13 | an offense that would make him or her ineligible
for a permit | ||||||
14 | under subsection (a) of this Section. The
written notification | ||||||
15 | shall be made within 5 days of the entry of
the order of court | ||||||
16 | supervision or conviction. Failure of the permit holder to | ||||||
17 | provide the
notification is punishable as a petty
offense for a | ||||||
18 | first violation and a Class B misdemeanor for a
second or | ||||||
19 | subsequent violation.
| ||||||
20 | (g) Cancellation; suspension; notice and procedure.
| ||||||
21 | (1) The Secretary of State shall cancel a school bus
| ||||||
22 | driver permit of an applicant whose criminal background | ||||||
23 | investigation
discloses that he or she is not in compliance | ||||||
24 | with the provisions of subsection
(a) of this Section.
| ||||||
25 | (2) The Secretary of State shall cancel a school
bus | ||||||
26 | driver permit when he or she receives notice that the |
| |||||||
| |||||||
1 | permit holder fails
to comply with any provision of this | ||||||
2 | Section or any rule promulgated for the
administration of | ||||||
3 | this Section.
| ||||||
4 | (3) The Secretary of State shall cancel a school bus
| ||||||
5 | driver permit if the permit holder's restricted commercial | ||||||
6 | or
commercial driving privileges are withdrawn or | ||||||
7 | otherwise
invalidated.
| ||||||
8 | (4) The Secretary of State may not issue a school bus
| ||||||
9 | driver permit for a period of 3 years to an applicant who | ||||||
10 | fails to
obtain a negative result on a drug test as | ||||||
11 | required in item 6 of
subsection (a) of this Section or | ||||||
12 | under federal law.
| ||||||
13 | (5) The Secretary of State shall forthwith suspend
a | ||||||
14 | school bus driver permit for a period of 3 years upon | ||||||
15 | receiving
notice that the holder has failed to obtain a | ||||||
16 | negative result on a
drug test as required in item 6 of | ||||||
17 | subsection (a) of this Section
or under federal law.
| ||||||
18 | (6) The Secretary of State shall suspend a school bus | ||||||
19 | driver permit for a period of 3 years upon receiving notice | ||||||
20 | from the employer that the holder failed to perform the | ||||||
21 | inspection procedure set forth in subsection (a) or (b) of | ||||||
22 | Section 12-816 of this Code. | ||||||
23 | (7) The Secretary of State shall suspend a school bus | ||||||
24 | driver permit for a period of 3 years upon receiving notice | ||||||
25 | from the employer that the holder refused to submit to an | ||||||
26 | alcohol or drug test as required by Section 6-106.1c or has |
| |||||||
| |||||||
1 | submitted to a test required by that Section which | ||||||
2 | disclosed an alcohol concentration of more than 0.00 or | ||||||
3 | disclosed a positive result on a National Institute on Drug | ||||||
4 | Abuse five-drug panel, utilizing federal standards set | ||||||
5 | forth in 49 CFR 40.87. | ||||||
6 | The Secretary of State shall notify the State | ||||||
7 | Superintendent
of Education and the permit holder's | ||||||
8 | prospective or current
employer that the applicant has (1) has | ||||||
9 | failed a criminal
background investigation or (2) is no
longer | ||||||
10 | eligible for a school bus driver permit; and of the related
| ||||||
11 | cancellation of the applicant's provisional school bus driver | ||||||
12 | permit. The
cancellation shall remain in effect pending the | ||||||
13 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
14 | The scope of the
hearing shall be limited to the issuance | ||||||
15 | criteria contained in
subsection (a) of this Section. A | ||||||
16 | petition requesting a
hearing shall be submitted to the | ||||||
17 | Secretary of State and shall
contain the reason the individual | ||||||
18 | feels he or she is entitled to a
school bus driver permit. The | ||||||
19 | permit holder's
employer shall notify in writing to the | ||||||
20 | Secretary of State
that the employer has certified the removal | ||||||
21 | of the offending school
bus driver from service prior to the | ||||||
22 | start of that school bus
driver's next workshift. An employing | ||||||
23 | school board that fails to
remove the offending school bus | ||||||
24 | driver from service is
subject to the penalties defined in | ||||||
25 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
26 | violates a provision of this Section is
subject to the |
| |||||||
| |||||||
1 | penalties defined in Section 6-106.11.
| ||||||
2 | All valid school bus driver permits issued under this | ||||||
3 | Section
prior to January 1, 1995, shall remain effective until | ||||||
4 | their
expiration date unless otherwise invalidated.
| ||||||
5 | (h) When a school bus driver permit holder who is a service | ||||||
6 | member is called to active duty, the employer of the permit | ||||||
7 | holder shall notify the Secretary of State, within 30 days of | ||||||
8 | notification from the permit holder, that the permit holder has | ||||||
9 | been called to active duty. Upon notification pursuant to this | ||||||
10 | subsection, (i) the Secretary of State shall characterize the | ||||||
11 | permit as inactive until a permit holder renews the permit as | ||||||
12 | provided in subsection (i) of this Section, and (ii) if a | ||||||
13 | permit holder fails to comply with the requirements of this | ||||||
14 | Section while called to active duty, the Secretary of State | ||||||
15 | shall not characterize the permit as invalid. | ||||||
16 | (i) A school bus driver permit holder who is a service | ||||||
17 | member returning from active duty must, within 90 days, renew a | ||||||
18 | permit characterized as inactive pursuant to subsection (h) of | ||||||
19 | this Section by complying with the renewal requirements of | ||||||
20 | subsection (b) of this Section. | ||||||
21 | (j) For purposes of subsections (h) and (i) of this | ||||||
22 | Section: | ||||||
23 | "Active duty" means active duty pursuant to an executive | ||||||
24 | order of the President of the United States, an act of the | ||||||
25 | Congress of the United States, or an order of the Governor. | ||||||
26 | "Service member" means a member of the Armed Services or |
| |||||||
| |||||||
1 | reserve forces of the United States or a member of the Illinois | ||||||
2 | National Guard. | ||||||
3 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
4 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||||||
5 | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | ||||||
6 | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | ||||||
7 | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | ||||||
8 | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||||||
9 | 9-20-12.)
| ||||||
10 | (625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
| ||||||
11 | Sec. 6-106.2. Religious organization bus driver. A | ||||||
12 | religious
organization bus driver shall meet the following | ||||||
13 | requirements:
| ||||||
14 | 1. is 21 years of age or older;
| ||||||
15 | 2. has a valid and properly classified driver's
license | ||||||
16 | issued by the
Secretary of State;
| ||||||
17 | 3. has held a valid driver's license, not necessarily | ||||||
18 | of the same
classification, for
3 years prior to the date
| ||||||
19 | of application;
| ||||||
20 | 4. has demonstrated an ability to exercise reasonable
| ||||||
21 | care in the safe
operation of religious
organization buses | ||||||
22 | in accordance with such standards as the Secretary of
State | ||||||
23 | prescribes
including a driving test in a religious | ||||||
24 | organization bus; and
| ||||||
25 | 5. has not been convicted of any of the following |
| |||||||
| |||||||
1 | offenses within 3 years of the
date of application: | ||||||
2 | Sections 11-401 (leaving the scene of a traffic
accident | ||||||
3 | involving death or personal injury), 11-501 (driving under | ||||||
4 | the
influence), 11-503 (reckless driving), 11-504 (drag | ||||||
5 | racing), and 11-506 (street racing) of this Code, or | ||||||
6 | Sections
9-3 (manslaughter or reckless homicide) and 12-5 | ||||||
7 | (reckless conduct arising
from the use of a motor vehicle) | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
9 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
10 | (625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
| ||||||
11 | Sec. 6-106.3. Senior citizen transportation - driver. A | ||||||
12 | driver of a
vehicle operated solely for the purpose of | ||||||
13 | providing transportation for
the elderly in connection with the | ||||||
14 | activities of any public or private
organization
shall meet the | ||||||
15 | following requirements:
| ||||||
16 | (1) is 21 years of age or older;
| ||||||
17 | (2) has a valid and properly classified driver's | ||||||
18 | license issued by the
Secretary of State;
| ||||||
19 | (3) has had a valid driver's license, not necessarily
| ||||||
20 | of the same classification, for 3 years prior to the date | ||||||
21 | of application;
| ||||||
22 | (4) has demonstrated his ability to exercise | ||||||
23 | reasonable care in the safe
operation of a motor vehicle | ||||||
24 | which will be utilized to transport persons
in accordance | ||||||
25 | with such standards as the Secretary of State prescribes
|
| |||||||
| |||||||
1 | including
a driving test in such motor vehicle; and
| ||||||
2 | (5) has not been convicted of any of the following | ||||||
3 | offenses within
3 years of the date of application:
| ||||||
4 | Sections 11-401 (leaving the scene of a traffic accident | ||||||
5 | involving death
or personal injury), 11-501 (driving under | ||||||
6 | the influence), 11-503 (reckless
driving), 11-504 (drag | ||||||
7 | racing), and 11-506 (street racing) of this Code, or | ||||||
8 | Sections 9-3 (manslaughter
or reckless
homicide) and 12-5 | ||||||
9 | (reckless conduct arising from the use of a motor
vehicle) | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
11 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
12 | (625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
| ||||||
13 | Sec. 6-106.4. For-profit ridesharing arrangement - driver. | ||||||
14 | No person
may drive a commuter van while it is being used for a | ||||||
15 | for-profit ridesharing
arrangement unless such person:
| ||||||
16 | (1) is 21 years of age or older;
| ||||||
17 | (2) has a valid and properly classified driver's | ||||||
18 | license issued by the
Secretary of State;
| ||||||
19 | (3) has held a valid driver's license, not necessarily
| ||||||
20 | of the same classification,
for 3 years prior to the date | ||||||
21 | of application;
| ||||||
22 | (4) has demonstrated his ability to exercise | ||||||
23 | reasonable care in the safe
operation of commuter vans used | ||||||
24 | in for-profit ridesharing arrangements in
accordance with | ||||||
25 | such standards as the Secretary of State may prescribe,
|
| |||||||
| |||||||
1 | which standards may require a driving test in a commuter | ||||||
2 | van; and
| ||||||
3 | (5) has not been convicted of any of the following | ||||||
4 | offenses within
3 years of the date of
application: | ||||||
5 | Sections 11-401 (leaving the scene of a traffic
accident | ||||||
6 | involving death or personal injury), 11-501 (driving under
| ||||||
7 | the influence), 11-503 (reckless driving), 11-504 (drag | ||||||
8 | racing), and 11-506 (street racing) of this
Code, or
| ||||||
9 | Sections 9-3 (manslaughter or reckless homicide) and 12-5 | ||||||
10 | (reckless conduct
arising from the use of a motor vehicle) | ||||||
11 | of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
12 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
13 | (625 ILCS 5/6-108.1)
| ||||||
14 | Sec. 6-108.1.
Notice to Secretary; denial of license;
| ||||||
15 | persons under 18.
| ||||||
16 | (a) The State's Attorney must notify the Secretary of the
| ||||||
17 | charges pending
against any person younger than 18 years of age | ||||||
18 | who has been charged
with a violation of this Code , the | ||||||
19 | Criminal Code of 2012, or the Criminal Code of 1961 arising out | ||||||
20 | of an
accident in
which the person was involved as a driver and | ||||||
21 | that caused the death of or a
type A injury to another person. | ||||||
22 | A "type A injury" includes severely bleeding
wounds, distorted | ||||||
23 | extremities, and injuries that require the injured party to
be | ||||||
24 | carried from the scene. The State's Attorney must notify the | ||||||
25 | Secretary on a
form prescribed by the Secretary.
|
| |||||||
| |||||||
1 | (b) The Secretary, upon receiving notification from the | ||||||
2 | State's Attorney,
may
deny any driver's license to any person
| ||||||
3 | younger than 18 years of age against whom the charges are | ||||||
4 | pending.
| ||||||
5 | (c) The State's Attorney must notify the Secretary of the | ||||||
6 | final
disposition of the case of any person who has been denied | ||||||
7 | a driver's license
under subsection (b).
| ||||||
8 | (d) The Secretary must adopt rules for implementing this | ||||||
9 | Section.
| ||||||
10 | (Source: P.A. 92-137, eff. 7-24-01.)
| ||||||
11 | (625 ILCS 5/6-118)
| ||||||
12 | Sec. 6-118. Fees. | ||||||
13 | (a) The fee for licenses and permits under this
Article is | ||||||
14 | as follows: | ||||||
15 | Original driver's license .............................$30 | ||||||
16 | Original or renewal driver's license | ||||||
17 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
18 | All driver's licenses for persons | ||||||
19 | age 69 through age 80 .............................. 5 | ||||||
20 | All driver's licenses for persons | ||||||
21 | age 81 through age 86 .............................. 2 | ||||||
22 | All driver's licenses for persons | ||||||
23 | age 87 or older .....................................0 | ||||||
24 | Renewal driver's license (except for | ||||||
25 | applicants ages 18, 19 and 20 or |
| |||||||
| |||||||
1 | age 69 and older) ..................................30 | ||||||
2 | Original instruction permit issued to | ||||||
3 | persons (except those age 69 and older) | ||||||
4 | who do not hold or have not previously | ||||||
5 | held an Illinois instruction permit or | ||||||
6 | driver's license .................................. 20 | ||||||
7 | Instruction permit issued to any person | ||||||
8 | holding an Illinois driver's license | ||||||
9 | who wishes a change in classifications, | ||||||
10 | other than at the time of renewal .................. 5 | ||||||
11 | Any instruction permit issued to a person | ||||||
12 | age 69 and older ................................... 5 | ||||||
13 | Instruction permit issued to any person, | ||||||
14 | under age 69, not currently holding a | ||||||
15 | valid Illinois driver's license or | ||||||
16 | instruction permit but who has | ||||||
17 | previously been issued either document | ||||||
18 | in Illinois ....................................... 10 | ||||||
19 | Restricted driving permit .............................. 8 | ||||||
20 | Monitoring device driving permit ...................... 8 | ||||||
21 | Duplicate or corrected driver's license | ||||||
22 | or permit .......................................... 5 | ||||||
23 | Duplicate or corrected restricted | ||||||
24 | driving permit ..................................... 5 | ||||||
25 | Duplicate or corrected monitoring | ||||||
26 | device driving permit .................................. 5 |
| |||||||
| |||||||
1 | Duplicate driver's license or permit issued to | ||||||
2 | an active-duty member of the | ||||||
3 | United States Armed Forces, | ||||||
4 | the member's spouse, or | ||||||
5 | the dependent children living | ||||||
6 | with the member ................................... 0 | ||||||
7 | Original or renewal M or L endorsement ................. 5 | ||||||
8 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
9 | The fees for commercial driver licenses and permits | ||||||
10 | under Article V
shall be as follows: | ||||||
11 | Commercial driver's license: | ||||||
12 | $6 for the CDLIS/AAMVAnet Trust Fund | ||||||
13 | (Commercial Driver's License Information | ||||||
14 | System/American Association of Motor Vehicle | ||||||
15 | Administrators network Trust Fund); | ||||||
16 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
17 | $10 for the driver's license; | ||||||
18 | and $24 for the CDL: ............................. $60 | ||||||
19 | Renewal commercial driver's license: | ||||||
20 | $6 for the CDLIS/AAMVAnet Trust Fund; | ||||||
21 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
22 | $10 for the driver's license; and | ||||||
23 | $24 for the CDL: ................................. $60 | ||||||
24 | Commercial driver instruction permit | ||||||
25 | issued to any person holding a valid | ||||||
26 | Illinois driver's license for the |
| |||||||
| |||||||
1 | purpose of changing to a | ||||||
2 | CDL classification: $6 for the | ||||||
3 | CDLIS/AAMVAnet Trust Fund; | ||||||
4 | $20 for the Motor Carrier | ||||||
5 | Safety Inspection Fund; and | ||||||
6 | $24 for the CDL classification ................... $50 | ||||||
7 | Commercial driver instruction permit | ||||||
8 | issued to any person holding a valid | ||||||
9 | Illinois CDL for the purpose of | ||||||
10 | making a change in a classification, | ||||||
11 | endorsement or restriction ........................ $5 | ||||||
12 | CDL duplicate or corrected license .................... $5 | ||||||
13 | In order to ensure the proper implementation of the Uniform | ||||||
14 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
15 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
16 | commercial driver's license
proportionate to the expiration | ||||||
17 | date of the applicant's Illinois driver's
license. | ||||||
18 | The fee for any duplicate license or permit shall be waived | ||||||
19 | for any
person who presents the Secretary of State's office | ||||||
20 | with a
police report showing that his license or permit was | ||||||
21 | stolen. | ||||||
22 | The fee for any duplicate license or permit shall be waived | ||||||
23 | for any
person age 60 or older whose driver's license or permit | ||||||
24 | has been lost or stolen. | ||||||
25 | No additional fee shall be charged for a driver's license, | ||||||
26 | or for a
commercial driver's license, when issued
to the holder |
| |||||||
| |||||||
1 | of an instruction permit for the same classification or
type of | ||||||
2 | license who becomes eligible for such
license. | ||||||
3 | (b) Any person whose license or privilege to operate a | ||||||
4 | motor vehicle
in this State has been suspended or revoked under | ||||||
5 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
6 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
7 | Responsibility Law of this Code, shall in addition to any other
| ||||||
8 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
9 | Suspension under Section 3-707 .....................
$100
| ||||||
10 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
11 | Summary revocation under Section 11-501.1 ............$500 | ||||||
12 | Other suspension ......................................$70 | ||||||
13 | Revocation ...........................................$500 | ||||||
14 | However, any person whose license or privilege to operate a | ||||||
15 | motor vehicle
in this State has been suspended or revoked for a | ||||||
16 | second or subsequent time
for a violation of Section 11-501 or | ||||||
17 | 11-501.1
of this Code or a similar provision of a local | ||||||
18 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
20 | suspension or revocation was for a violation of Section 11-501 | ||||||
21 | or
11-501.1 of this Code or a similar provision of a local | ||||||
22 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
23 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
24 | pay, in addition to any other
fees required by this Code, a
| ||||||
25 | reinstatement
fee as follows: | ||||||
26 | Summary suspension under Section 11-501.1 ............$500 |
| |||||||
| |||||||
1 | Summary revocation under Section 11-501.1 ............$500 | ||||||
2 | Revocation ...........................................$500 | ||||||
3 | (c) All fees collected under the provisions of this Chapter | ||||||
4 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
5 | as follows: | ||||||
6 | 1. The following amounts shall be paid into the Driver | ||||||
7 | Education Fund: | ||||||
8 | (A) $16 of the $20
fee for an original driver's | ||||||
9 | instruction permit; | ||||||
10 | (B) $5 of the $30 fee for an original driver's | ||||||
11 | license; | ||||||
12 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
13 | license;
| ||||||
14 | (D) $4 of the $8 fee for a restricted driving | ||||||
15 | permit; and | ||||||
16 | (E) $4 of the $8 fee for a monitoring device | ||||||
17 | driving permit. | ||||||
18 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
19 | summarily suspended under Section 11-501.1 shall be | ||||||
20 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
21 | Fund.
However, for a person whose license or privilege to | ||||||
22 | operate a motor vehicle
in this State has been suspended or | ||||||
23 | revoked for a second or subsequent time for
a violation of | ||||||
24 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
25 | the
Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||||||
26 | $190 of the $500 fee for reinstatement of a license |
| |||||||
| |||||||
1 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
2 | $500 fee for reinstatement of a revoked license
shall be | ||||||
3 | deposited into the Drunk and Drugged Driving Prevention | ||||||
4 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
5 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
6 | deposited into the Drunk and Drugged Driving Prevention | ||||||
7 | Fund. | ||||||
8 | 3. $6 of such original or renewal fee for a commercial | ||||||
9 | driver's
license and $6 of the commercial driver | ||||||
10 | instruction permit fee when such
permit is issued to any | ||||||
11 | person holding a valid Illinois driver's license,
shall be | ||||||
12 | paid into the CDLIS/AAMVAnet Trust Fund. | ||||||
13 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
14 | suspended
under the
Family
Financial Responsibility Law | ||||||
15 | shall be paid into the Family Responsibility
Fund. | ||||||
16 | 5. The $5 fee for each original or renewal M or L | ||||||
17 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
18 | Training Fund. | ||||||
19 | 6. $20 of any original or renewal fee for a commercial | ||||||
20 | driver's
license or commercial driver instruction permit | ||||||
21 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
22 | Fund. | ||||||
23 | 7. The following amounts shall be paid into the General | ||||||
24 | Revenue Fund: | ||||||
25 | (A) $190 of the $250 reinstatement fee for a | ||||||
26 | summary suspension under
Section 11-501.1; |
| |||||||
| |||||||
1 | (B) $40 of the $70 reinstatement fee for any other | ||||||
2 | suspension provided
in subsection (b) of this Section; | ||||||
3 | and | ||||||
4 | (C) $440 of the $500 reinstatement fee for a first | ||||||
5 | offense revocation
and $310 of the $500 reinstatement | ||||||
6 | fee for a second or subsequent revocation. | ||||||
7 | (d) All of the proceeds of the additional fees imposed by | ||||||
8 | this amendatory Act of the 96th General Assembly shall be | ||||||
9 | deposited into the Capital Projects Fund. | ||||||
10 | (e) The additional fees imposed by this amendatory Act of | ||||||
11 | the 96th General Assembly shall become effective 90 days after | ||||||
12 | becoming law. | ||||||
13 | (f) As used in this Section, "active-duty member of the | ||||||
14 | United States Armed Forces" means a member of the Armed | ||||||
15 | Services or Reserve Forces of the United States or a member of | ||||||
16 | the Illinois National Guard who is called to active duty | ||||||
17 | pursuant to an executive order of the President of the United | ||||||
18 | States, an act of the Congress of the United States, or an | ||||||
19 | order of the Governor. | ||||||
20 | (Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | ||||||
21 | 96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | ||||||
22 | 8-12-11.)
| ||||||
23 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
24 | Sec. 6-204. When Court to forward License and Reports.
| ||||||
25 | (a) For the purpose of providing to the Secretary of State |
| |||||||
| |||||||
1 | the records
essential to the performance of the Secretary's | ||||||
2 | duties under this Code to
cancel, revoke or suspend the | ||||||
3 | driver's license and privilege to drive motor
vehicles of | ||||||
4 | certain minors adjudicated truant minors in need of | ||||||
5 | supervision,
addicted, or delinquent and of persons
found | ||||||
6 | guilty of the criminal offenses or traffic violations
which | ||||||
7 | this Code recognizes as evidence relating to unfitness to | ||||||
8 | safely operate
motor vehicles, the following duties are imposed | ||||||
9 | upon public officials:
| ||||||
10 | (1) Whenever any person is convicted of any offense for | ||||||
11 | which
this
Code makes mandatory the cancellation or | ||||||
12 | revocation of the driver's
license or permit of such person | ||||||
13 | by the Secretary of State, the judge of the
court in which | ||||||
14 | such conviction is had shall require the surrender to the | ||||||
15 | clerk
of the court of all driver's licenses or permits then | ||||||
16 | held by the person so
convicted, and the clerk of the court | ||||||
17 | shall, within 5 days thereafter, forward
the same, together | ||||||
18 | with a report of such conviction, to the Secretary.
| ||||||
19 | (2) Whenever any person is convicted of any offense | ||||||
20 | under this
Code or
similar offenses under a municipal | ||||||
21 | ordinance, other than regulations
governing standing, | ||||||
22 | parking or weights of vehicles, and excepting the
following | ||||||
23 | enumerated Sections of this Code: Sections 11-1406 | ||||||
24 | (obstruction
to driver's view or control), 11-1407 | ||||||
25 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
26 | on downgrade), 11-1411 (following fire
apparatus), |
| |||||||
| |||||||
1 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
2 | vehicle which is in unsafe condition or improperly | ||||||
3 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
4 | 12-202 (clearance, identification and
side marker lamps), | ||||||
5 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
6 | to display the safety lights required), 12-401 | ||||||
7 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
8 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
9 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
10 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
11 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
12 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
13 | operated on highways),
12-710 (splash guards and | ||||||
14 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
15 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
16 | and address on second division vehicles), 15-107 (length of | ||||||
17 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
18 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
19 | 15-318 (weights), and also excepting the following
| ||||||
20 | enumerated Sections of the Chicago Municipal Code: | ||||||
21 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
22 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
23 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
24 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
25 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
26 | (dimming of headlights), 27-268 (unattended motor |
| |||||||
| |||||||
1 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
2 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
3 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
4 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
5 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
6 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
7 | traffic), 27-308 (stopping, standing or parking | ||||||
8 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
9 | regulations), 27-313 (parking regulations),
27-314 | ||||||
10 | (parking regulations), 27-315 (parking regulations), | ||||||
11 | 27-316 (parking
regulations), 27-317 (parking | ||||||
12 | regulations), 27-318 (parking regulations),
27-319 | ||||||
13 | (parking regulations), 27-320 (parking regulations), | ||||||
14 | 27-321 (parking
regulations), 27-322 (parking | ||||||
15 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
16 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
17 | the downtown district), 27-335 (load restrictions in
| ||||||
18 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
19 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
20 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
21 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
22 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
23 | (projecting of loads), and also excepting the following | ||||||
24 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
25 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
26 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
| |||||||
| |||||||
1 | transporting dangerous cargo not properly indicated), it
| ||||||
2 | shall be the duty of the clerk of the court in which such | ||||||
3 | conviction is
had within 5 days thereafter to forward to | ||||||
4 | the Secretary of State a report of
the conviction and the | ||||||
5 | court may recommend the suspension of the driver's
license | ||||||
6 | or permit of the person so convicted.
| ||||||
7 | The reporting requirements of this subsection shall apply | ||||||
8 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
9 | subsection when the
individual has been adjudicated under the | ||||||
10 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
11 | reporting requirements shall also apply to
individuals | ||||||
12 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
13 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
14 | this Code, or
similar provision of a local ordinance, or | ||||||
15 | Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | ||||||
16 | of 2012 , as amended, relating to the offense of reckless | ||||||
17 | homicide.
These reporting requirements also apply to | ||||||
18 | individuals adjudicated under the Juvenile Court Act of 1987 | ||||||
19 | based on any offense determined to have been committed in | ||||||
20 | furtherance of the criminal activities of an organized gang, as | ||||||
21 | provided in Section 5-710 of that Act, and that involved the | ||||||
22 | operation or use of a motor vehicle or the use of a driver's | ||||||
23 | license or permit. The reporting requirements of this | ||||||
24 | subsection shall also apply to
a truant minor in need of | ||||||
25 | supervision, an addicted
minor, or a delinquent minor and whose | ||||||
26 | driver's license and privilege to
drive a motor vehicle has |
| |||||||
| |||||||
1 | been ordered suspended for such times as determined
by the | ||||||
2 | Court, but only until he or she attains
18 years of age. It | ||||||
3 | shall be the duty of the clerk of the court in which
| ||||||
4 | adjudication is had within 5 days thereafter to forward to the | ||||||
5 | Secretary of
State a report of the adjudication and the court | ||||||
6 | order requiring the Secretary
of State to suspend the minor's | ||||||
7 | driver's license and driving privilege for such
time as | ||||||
8 | determined by the Court, but only until he or she attains the | ||||||
9 | age of 18
years. All juvenile court dispositions reported to | ||||||
10 | the Secretary of State
under this provision shall be processed | ||||||
11 | by the Secretary of State as if the
cases had been adjudicated | ||||||
12 | in traffic or criminal court. However, information
reported | ||||||
13 | relative to the offense of reckless homicide, or Section 11-501 | ||||||
14 | of
this Code, or a similar provision of a local ordinance, | ||||||
15 | shall be privileged
and available only to the Secretary of | ||||||
16 | State, courts, and police officers.
| ||||||
17 | The reporting requirements of this subsection (a) | ||||||
18 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
19 | this subsection (a), excluding parking violations, when | ||||||
20 | the driver holds a CDL, regardless of the type of vehicle | ||||||
21 | in which the violation occurred, or when any driver | ||||||
22 | committed the violation in a commercial motor vehicle as | ||||||
23 | defined in Section 6-500 of this Code.
| ||||||
24 | (3) Whenever an order is entered vacating the | ||||||
25 | forfeiture of any
bail,
security or bond given to secure | ||||||
26 | appearance for any offense under this
Code or similar |
| |||||||
| |||||||
1 | offenses under municipal ordinance, it shall be the duty
of | ||||||
2 | the clerk of the court in which such vacation was had or | ||||||
3 | the judge of
such court if such court has no clerk, within | ||||||
4 | 5 days thereafter to
forward to the Secretary of State a | ||||||
5 | report of the vacation.
| ||||||
6 | (4) A report of any disposition of court supervision | ||||||
7 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
8 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
9 | 11-506 shall be forwarded to the Secretary of State.
A | ||||||
10 | report of any disposition of court supervision for a | ||||||
11 | violation of an offense
defined as a serious traffic | ||||||
12 | violation in this Code or a similar provision of a
local | ||||||
13 | ordinance committed by a person under the age of 21 years | ||||||
14 | shall be
forwarded to the Secretary of State.
| ||||||
15 | (5) Reports of conviction
under this Code
and | ||||||
16 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
17 | an electronic format
or a computer processible medium
shall
| ||||||
18 | be
forwarded to the Secretary of State via the Supreme | ||||||
19 | Court in the form and
format required by the Illinois | ||||||
20 | Supreme Court and established by a written
agreement | ||||||
21 | between the Supreme Court and the Secretary of State.
In | ||||||
22 | counties with a population over 300,000, instead of | ||||||
23 | forwarding reports to
the Supreme Court, reports of | ||||||
24 | conviction
under this Code
and sentencing hearings under | ||||||
25 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
26 | computer processible medium
may
be forwarded to the |
| |||||||
| |||||||
1 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
2 | format required by the Secretary of State and established | ||||||
3 | by written agreement
between the Circuit Court Clerk and | ||||||
4 | the Secretary of State. Failure to
forward the reports of | ||||||
5 | conviction or sentencing hearing under the Juvenile
Court | ||||||
6 | Act of 1987 as required by this Section shall be
deemed an | ||||||
7 | omission of duty and it shall be the duty of the several | ||||||
8 | State's
Attorneys to enforce the requirements of this | ||||||
9 | Section.
| ||||||
10 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
11 | court, as a
result of confiscation by a police officer pursuant | ||||||
12 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
13 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
14 | restricted driving permit and a facsimile of
the officer's | ||||||
15 | citation to the Secretary of State as expeditiously as
| ||||||
16 | practicable.
| ||||||
17 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
18 | collateral
deposited to secure a defendant's appearance in | ||||||
19 | court when forfeiture
has not been vacated, or the failure of a | ||||||
20 | defendant to appear for trial
after depositing his driver's | ||||||
21 | license in lieu of other bail, shall be
equivalent to a | ||||||
22 | conviction.
| ||||||
23 | (d) For the purpose of providing the Secretary of State | ||||||
24 | with records
necessary to properly monitor and assess driver | ||||||
25 | performance and assist the
courts in the proper disposition of | ||||||
26 | repeat traffic law offenders, the clerk
of the court shall |
| |||||||
| |||||||
1 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
2 | Secretary, records of a driver's participation in a driver | ||||||
3 | remedial
or rehabilitative program which was required, through | ||||||
4 | a court order or court
supervision, in relation to the driver's | ||||||
5 | arrest for a violation of Section
11-501 of this Code or a | ||||||
6 | similar provision of a local ordinance.
The clerk of the court | ||||||
7 | shall also forward to the Secretary, either on
paper or in an | ||||||
8 | electronic format or a computer processible medium as required
| ||||||
9 | under paragraph (5) of subsection (a) of this Section, any | ||||||
10 | disposition
of court supervision for any traffic violation,
| ||||||
11 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
12 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
13 | after disposition, or, if
the driver is
referred to a driver
| ||||||
14 | remedial or rehabilitative program, within 5 days of the | ||||||
15 | driver's referral
to that program.
These reports received by | ||||||
16 | the Secretary of State, including those required to
be | ||||||
17 | forwarded under paragraph (a)(4), shall be privileged | ||||||
18 | information, available
only (i) to the affected driver, (ii) to | ||||||
19 | the parent or guardian of a person under the age of 18 years | ||||||
20 | holding an instruction permit or a graduated driver's license, | ||||||
21 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
22 | authorities, the Secretary of State, and the driver licensing | ||||||
23 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
24 | Part 384, all reports of court supervision, except violations | ||||||
25 | related to parking, shall be forwarded to the Secretary of | ||||||
26 | State for all holders of a CDL or any driver who commits an |
| |||||||
| |||||||
1 | offense while driving a commercial motor vehicle. These reports | ||||||
2 | shall be recorded to the driver's record as a conviction for | ||||||
3 | use in the disqualification of the driver's commercial motor | ||||||
4 | vehicle privileges and shall not be privileged information.
| ||||||
5 | (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06; | ||||||
6 | 95-201, eff. 1-1-08; 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; | ||||||
7 | 95-382, eff. 8-23-07; 95-876, eff. 8-21-08.)
| ||||||
8 | (625 ILCS 5/6-205)
| ||||||
9 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
10 | Hardship cases.
| ||||||
11 | (a) Except as provided in this Section, the Secretary of | ||||||
12 | State shall
immediately revoke the license, permit, or driving | ||||||
13 | privileges of
any driver upon receiving a
report of the | ||||||
14 | driver's conviction of any of the following offenses:
| ||||||
15 | 1. Reckless homicide resulting from the operation of a | ||||||
16 | motor vehicle;
| ||||||
17 | 2. Violation of Section 11-501 of this Code or a | ||||||
18 | similar provision of
a local ordinance relating to the | ||||||
19 | offense of operating or being in physical
control of a | ||||||
20 | vehicle while under the influence of alcohol, other drug or
| ||||||
21 | drugs, intoxicating compound or compounds, or any | ||||||
22 | combination thereof;
| ||||||
23 | 3. Any felony under the laws of any State or the | ||||||
24 | federal government
in the commission of which a motor | ||||||
25 | vehicle was used;
|
| |||||||
| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
18 | motor vehicle;
| ||||||
19 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
20 | to aggravated
fleeing or attempting to elude a peace | ||||||
21 | officer;
| ||||||
22 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
23 | Section 6-507,
or a similar law of any other state, | ||||||
24 | relating to the
unlawful operation of a commercial motor | ||||||
25 | vehicle;
| ||||||
26 | 13. Violation of paragraph (a) of Section 11-502 of |
| |||||||
| |||||||
1 | this Code or a
similar provision of a local ordinance if | ||||||
2 | the driver has been previously
convicted of a violation of | ||||||
3 | that Section or a similar provision of a local
ordinance | ||||||
4 | and the driver was less than 21 years of age at the time of | ||||||
5 | the
offense;
| ||||||
6 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of street racing;
| ||||||
9 | 15. A second or subsequent conviction of driving while | ||||||
10 | the person's driver's license, permit or privileges was | ||||||
11 | revoked for reckless homicide or a similar out-of-state | ||||||
12 | offense; | ||||||
13 | 16. Any offense against any provision in this Code, or | ||||||
14 | any local ordinance, regulating the
movement of traffic | ||||||
15 | when that offense was the proximate cause of the death of | ||||||
16 | any person. Any person whose driving privileges have been | ||||||
17 | revoked pursuant to this paragraph may seek to have the | ||||||
18 | revocation terminated or to have the length of revocation | ||||||
19 | reduced by requesting an administrative hearing with the | ||||||
20 | Secretary of State prior to the projected driver's license | ||||||
21 | application eligibility date; | ||||||
22 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
23 | of this Code or a similar provision of a local ordinance ; . | ||||||
24 | 18 17 . A second or subsequent conviction of illegal | ||||||
25 | possession, while operating or in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any controlled |
| |||||||
| |||||||
1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act. A | ||||||
5 | defendant found guilty of this offense while operating a | ||||||
6 | motor vehicle
shall have an entry made in the court record | ||||||
7 | by the presiding judge that
this offense did occur while | ||||||
8 | the defendant was operating a motor vehicle
and order the | ||||||
9 | clerk of the court to report the violation to the Secretary
| ||||||
10 | of State. | ||||||
11 | (b) The Secretary of State shall also immediately revoke | ||||||
12 | the license
or permit of any driver in the following | ||||||
13 | situations:
| ||||||
14 | 1. Of any minor upon receiving the notice provided for | ||||||
15 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
16 | minor has been
adjudicated under that Act as having | ||||||
17 | committed an offense relating to
motor vehicles prescribed | ||||||
18 | in Section 4-103 of this Code;
| ||||||
19 | 2. Of any person when any other law of this State | ||||||
20 | requires either the
revocation or suspension of a license | ||||||
21 | or permit;
| ||||||
22 | 3. Of any person adjudicated under the Juvenile Court | ||||||
23 | Act of 1987 based on an offense determined to have been | ||||||
24 | committed in furtherance of the criminal activities of an | ||||||
25 | organized gang as provided in Section 5-710 of that Act, | ||||||
26 | and that involved the operation or use of a motor vehicle |
| |||||||
| |||||||
1 | or the use of a driver's license or permit. The revocation | ||||||
2 | shall remain in effect for the period determined by the | ||||||
3 | court. Upon the direction of the court, the Secretary shall | ||||||
4 | issue the person a judicial driving permit, also known as a | ||||||
5 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
6 | issued under Section 6-206.1, except that the court may | ||||||
7 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
8 | effective immediately.
| ||||||
9 | (c)(1) Whenever a person is convicted of any of the | ||||||
10 | offenses enumerated in
this Section, the court may recommend | ||||||
11 | and the Secretary of State in his
discretion, without regard to | ||||||
12 | whether the recommendation is made by the
court may, upon | ||||||
13 | application,
issue to the person a
restricted driving permit | ||||||
14 | granting the privilege of driving a motor
vehicle between the | ||||||
15 | petitioner's residence and petitioner's place
of employment or | ||||||
16 | within the scope of the petitioner's employment related
duties, | ||||||
17 | or to allow the petitioner to transport himself or herself or a | ||||||
18 | family member
of the petitioner's household to a medical | ||||||
19 | facility for the receipt of necessary medical care or to allow | ||||||
20 | the
petitioner to transport himself or herself to and from | ||||||
21 | alcohol or drug remedial or rehabilitative activity | ||||||
22 | recommended by a licensed service provider, or to allow the
| ||||||
23 | petitioner to transport himself or herself or a family member | ||||||
24 | of the petitioner's household to classes, as a student, at an | ||||||
25 | accredited educational
institution, or to allow the petitioner | ||||||
26 | to transport children, elderly persons, or disabled persons who |
| |||||||
| |||||||
1 | do not hold driving privileges and are living in the | ||||||
2 | petitioner's household to and from daycare; if the petitioner | ||||||
3 | is able to demonstrate that no alternative means
of | ||||||
4 | transportation is reasonably available and that the petitioner | ||||||
5 | will not endanger
the public safety or welfare; provided that | ||||||
6 | the Secretary's discretion shall be
limited to cases where | ||||||
7 | undue hardship, as defined by the rules of the Secretary of | ||||||
8 | State, would result from a failure to issue the
restricted | ||||||
9 | driving permit. Those multiple offenders identified in | ||||||
10 | subdivision (b)4 of Section 6-208 of this Code, however, shall | ||||||
11 | not be eligible for the issuance of a restricted driving | ||||||
12 | permit.
| ||||||
13 | (2) If a person's license or permit is revoked or | ||||||
14 | suspended due to 2 or
more convictions of violating Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local | ||||||
16 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
18 | where the use of alcohol or other drugs is recited as an | ||||||
19 | element of the offense, or a similar out-of-state offense, | ||||||
20 | or a combination of these offenses, arising out
of separate | ||||||
21 | occurrences, that person, if issued a restricted driving | ||||||
22 | permit,
may not operate a vehicle unless it has been | ||||||
23 | equipped with an ignition
interlock device as defined in | ||||||
24 | Section 1-129.1.
| ||||||
25 | (3) If:
| ||||||
26 | (A) a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended 2 or more
times within a 10 year period due | ||||||
2 | to any combination of: | ||||||
3 | (i)
a single conviction of violating Section
| ||||||
4 | 11-501 of this Code or a similar provision of a | ||||||
5 | local ordinance or a similar
out-of-state offense, | ||||||
6 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012 , where the use of alcohol or | ||||||
8 | other drugs is recited as an element of the | ||||||
9 | offense, or a similar out-of-state offense; or | ||||||
10 | (ii)
a statutory summary suspension or | ||||||
11 | revocation under Section
11-501.1; or | ||||||
12 | (iii)
a suspension pursuant to Section | ||||||
13 | 6-203.1;
| ||||||
14 | arising out of
separate occurrences; or | ||||||
15 | (B)
a person has been convicted of one violation of | ||||||
16 | Section 6-303 of this Code committed while his or her | ||||||
17 | driver's license, permit, or privilege was revoked | ||||||
18 | because of a violation of Section 9-3 of the Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012 , relating to | ||||||
20 | the offense of reckless homicide where the use of | ||||||
21 | alcohol or other drugs was recited as an element of the | ||||||
22 | offense, or a similar provision of a law of another | ||||||
23 | state;
| ||||||
24 | that person, if issued a restricted
driving permit, may not | ||||||
25 | operate a vehicle unless it has been equipped with an
| ||||||
26 | ignition interlock device as defined in Section 1-129.1. |
| |||||||
| |||||||
1 | (4)
The person issued a permit conditioned on the use | ||||||
2 | of an ignition interlock device must pay to the Secretary | ||||||
3 | of State DUI Administration Fund an amount
not to exceed | ||||||
4 | $30 per month. The Secretary shall establish by rule the | ||||||
5 | amount
and the procedures, terms, and conditions relating | ||||||
6 | to these fees. | ||||||
7 | (5)
If the restricted driving permit is issued for | ||||||
8 | employment purposes, then
the prohibition against | ||||||
9 | operating a motor vehicle that is not equipped with an | ||||||
10 | ignition interlock device does not apply to the operation | ||||||
11 | of an occupational vehicle
owned or leased by that person's | ||||||
12 | employer when used solely for employment purposes. | ||||||
13 | (6)
In each case the Secretary of State may issue a
| ||||||
14 | restricted driving permit for a period he deems | ||||||
15 | appropriate, except that the
permit shall expire within one | ||||||
16 | year from the date of issuance. The Secretary
may not, | ||||||
17 | however, issue a restricted driving permit to any person | ||||||
18 | whose current
revocation is the result of a second or | ||||||
19 | subsequent conviction for a violation
of Section 11-501 of | ||||||
20 | this Code or a similar provision of a local ordinance
or | ||||||
21 | any similar out-of-state offense, or Section 9-3 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 , where | ||||||
23 | the use of alcohol or other drugs is recited as an element | ||||||
24 | of the offense, or any similar out-of-state offense, or any | ||||||
25 | combination of these offenses, until the expiration of at | ||||||
26 | least one year from the date of the
revocation. A |
| |||||||
| |||||||
1 | restricted
driving permit issued under this Section shall | ||||||
2 | be
subject to cancellation, revocation, and suspension by | ||||||
3 | the Secretary of
State in like manner and for like cause as | ||||||
4 | a driver's license issued
under this Code may be cancelled, | ||||||
5 | revoked, or
suspended; except that a conviction upon one or | ||||||
6 | more offenses against laws or
ordinances regulating the | ||||||
7 | movement of traffic shall be deemed sufficient cause
for | ||||||
8 | the revocation, suspension, or cancellation of a | ||||||
9 | restricted driving permit.
The Secretary of State may, as a | ||||||
10 | condition to the issuance of a restricted
driving permit, | ||||||
11 | require the petitioner to participate in a designated | ||||||
12 | driver
remedial or rehabilitative program. The Secretary | ||||||
13 | of State is authorized to
cancel a restricted driving | ||||||
14 | permit if the permit holder does not successfully
complete | ||||||
15 | the program. However, if an individual's driving | ||||||
16 | privileges have been
revoked in accordance with paragraph | ||||||
17 | 13 of subsection (a) of this Section, no
restricted driving | ||||||
18 | permit shall be issued until the individual has served 6
| ||||||
19 | months of the revocation period.
| ||||||
20 | (c-5) (Blank).
| ||||||
21 | (c-6) If a person is convicted of a second violation of | ||||||
22 | operating a motor vehicle while the person's driver's license, | ||||||
23 | permit or privilege was revoked, where the revocation was for a | ||||||
24 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 relating to the offense of reckless | ||||||
26 | homicide or a similar out-of-state offense, the person's |
| |||||||
| |||||||
1 | driving privileges shall be revoked pursuant to subdivision | ||||||
2 | (a)(15) of this Section. The person may not make application | ||||||
3 | for a license or permit until the expiration of five years from | ||||||
4 | the effective date of the revocation or the expiration of five | ||||||
5 | years from the date of release from a term of imprisonment, | ||||||
6 | whichever is later. | ||||||
7 | (c-7) If a person is convicted of a third or subsequent | ||||||
8 | violation of operating a motor vehicle while the person's | ||||||
9 | driver's license, permit or privilege was revoked, where the | ||||||
10 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
12 | offense of reckless homicide or a similar out-of-state offense, | ||||||
13 | the person may never apply for a license or permit. | ||||||
14 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
15 | under Section
11-501 of this Code or a similar provision of a | ||||||
16 | local ordinance or a similar out-of-state offense, the
| ||||||
17 | Secretary of State shall revoke the driving privileges of that | ||||||
18 | person. One
year after the date of revocation, and upon | ||||||
19 | application, the Secretary of
State may, if satisfied that the | ||||||
20 | person applying will not endanger the
public safety or welfare, | ||||||
21 | issue a restricted driving permit granting the
privilege of | ||||||
22 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
23 | p.m. or as otherwise provided by this Section for a period of | ||||||
24 | one year.
After this one year period, and upon reapplication | ||||||
25 | for a license as
provided in Section 6-106, upon payment of the | ||||||
26 | appropriate reinstatement
fee provided under paragraph (b) of |
| |||||||
| |||||||
1 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
2 | reinstate the petitioner's driver's license and driving | ||||||
3 | privileges, or extend the restricted driving permit as many | ||||||
4 | times as the
Secretary of State deems appropriate, by | ||||||
5 | additional periods of not more than
12 months each.
| ||||||
6 | (2) If a person's license or permit is revoked or | ||||||
7 | suspended due to 2 or
more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
11 | where the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state offense, | ||||||
13 | or a combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (3) If a person's license or permit is revoked or | ||||||
19 | suspended 2 or more times
within a 10 year period due to | ||||||
20 | any combination of: | ||||||
21 | (A) a single conviction of violating Section | ||||||
22 | 11-501
of this
Code or a similar provision of a local | ||||||
23 | ordinance or a similar out-of-state
offense, or | ||||||
24 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 , where the use of alcohol or | ||||||
26 | other drugs is recited as an element of the offense, or |
| |||||||
| |||||||
1 | a similar out-of-state offense; or | ||||||
2 | (B)
a statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1; or | ||||||
4 | (C) a suspension pursuant to Section 6-203.1; | ||||||
5 | arising out of separate occurrences, that person, if issued | ||||||
6 | a
restricted
driving permit, may not operate a vehicle | ||||||
7 | unless it has been equipped with an
ignition interlock | ||||||
8 | device as defined in Section 1-129.1. | ||||||
9 | (4)
The person issued a permit conditioned upon the use | ||||||
10 | of an interlock device must pay to the Secretary of State | ||||||
11 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
12 | month. The Secretary shall establish by rule the amount
and | ||||||
13 | the procedures, terms, and conditions relating to these | ||||||
14 | fees. | ||||||
15 | (5)
If the restricted driving permit is issued for | ||||||
16 | employment purposes, then
the prohibition against driving | ||||||
17 | a vehicle that is not equipped with an ignition interlock | ||||||
18 | device does not apply to the operation of an occupational | ||||||
19 | vehicle
owned or leased by that person's employer when used | ||||||
20 | solely for employment purposes. | ||||||
21 | (6) A
restricted driving permit issued under this | ||||||
22 | Section shall be subject to
cancellation, revocation, and | ||||||
23 | suspension by the Secretary of State in like
manner and for | ||||||
24 | like cause as a driver's license issued under this Code may | ||||||
25 | be
cancelled, revoked, or suspended; except that a | ||||||
26 | conviction upon one or more
offenses against laws or |
| |||||||
| |||||||
1 | ordinances regulating the movement of traffic
shall be | ||||||
2 | deemed sufficient cause for the revocation, suspension, or
| ||||||
3 | cancellation of a restricted driving permit.
| ||||||
4 | (d-5) The revocation of the license, permit, or driving | ||||||
5 | privileges of a person convicted of a third or subsequent | ||||||
6 | violation of Section 6-303 of this Code committed while his or | ||||||
7 | her driver's license, permit, or privilege was revoked because | ||||||
8 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 , relating to the offense of reckless | ||||||
10 | homicide, or a similar provision of a law of another state, is | ||||||
11 | permanent. The Secretary may not, at any time, issue a license | ||||||
12 | or permit to that person.
| ||||||
13 | (e) This Section is subject to the provisions of the Driver | ||||||
14 | License
Compact.
| ||||||
15 | (f) Any revocation imposed upon any person under | ||||||
16 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
17 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
18 | period of time.
| ||||||
19 | (g) The Secretary of State shall not issue a restricted | ||||||
20 | driving permit to
a person under the age of 16 years whose | ||||||
21 | driving privileges have been revoked
under any provisions of | ||||||
22 | this Code.
| ||||||
23 | (h) The Secretary of State shall require the use of | ||||||
24 | ignition interlock
devices on all vehicles owned by a person | ||||||
25 | who has been convicted of a
second or subsequent offense under | ||||||
26 | Section 11-501 of this Code or a similar
provision of a local |
| |||||||
| |||||||
1 | ordinance. The person must pay to the Secretary of State DUI | ||||||
2 | Administration Fund an amount not to exceed $30 for each month | ||||||
3 | that he or she uses the device. The Secretary shall establish | ||||||
4 | by rule and
regulation the procedures for certification and use | ||||||
5 | of the interlock
system, the amount of the fee, and the | ||||||
6 | procedures, terms, and conditions relating to these fees.
| ||||||
7 | (i) (Blank).
| ||||||
8 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
9 | State may not issue a restricted driving permit for the | ||||||
10 | operation of a commercial motor vehicle to a person holding a | ||||||
11 | CDL whose driving privileges have been revoked, suspended, | ||||||
12 | cancelled, or disqualified under any provisions of this Code.
| ||||||
13 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
14 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
15 | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||||||
16 | 1-1-13; revised 8-3-12.) | ||||||
17 | (625 ILCS 5/6-205.2)
| ||||||
18 | Sec. 6-205.2. Suspension of driver's license of person | ||||||
19 | convicted of theft of motor fuel. The driver's license of a | ||||||
20 | person convicted of theft of motor fuel under Section 16-25 or | ||||||
21 | 16K-15 of the Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012 shall be suspended by the Secretary for a period not to | ||||||
23 | exceed 6 months for a first offense. Upon a second or | ||||||
24 | subsequent conviction for theft of motor fuel, the suspension | ||||||
25 | shall be for a period not to exceed one year. Upon conviction |
| |||||||
| |||||||
1 | of a person for theft of motor fuel, the court shall order the | ||||||
2 | person to surrender his or her driver's license to the clerk of | ||||||
3 | the court who shall forward the suspended license to the | ||||||
4 | Secretary.
| ||||||
5 | (Source: P.A. 97-597, eff. 1-1-12.)
| ||||||
6 | (625 ILCS 5/6-206)
| ||||||
7 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
8 | license or
permit; Right to a hearing.
| ||||||
9 | (a) The Secretary of State is authorized to suspend or | ||||||
10 | revoke the
driving privileges of any person without preliminary | ||||||
11 | hearing upon a showing
of the person's records or other | ||||||
12 | sufficient evidence that
the person:
| ||||||
13 | 1. Has committed an offense for which mandatory | ||||||
14 | revocation of
a driver's license or permit is required upon | ||||||
15 | conviction;
| ||||||
16 | 2. Has been convicted of not less than 3 offenses | ||||||
17 | against traffic
regulations governing the movement of | ||||||
18 | vehicles committed within any 12
month period. No | ||||||
19 | revocation or suspension shall be entered more than
6 | ||||||
20 | months after the date of last conviction;
| ||||||
21 | 3. Has been repeatedly involved as a driver in motor | ||||||
22 | vehicle
collisions or has been repeatedly convicted of | ||||||
23 | offenses against laws and
ordinances regulating the | ||||||
24 | movement of traffic, to a degree that
indicates lack of | ||||||
25 | ability to exercise ordinary and reasonable care in
the |
| |||||||
| |||||||
1 | safe operation of a motor vehicle or disrespect for the | ||||||
2 | traffic laws
and the safety of other persons upon the | ||||||
3 | highway;
| ||||||
4 | 4. Has by the unlawful operation of a motor vehicle | ||||||
5 | caused or
contributed to an accident resulting in injury | ||||||
6 | requiring
immediate professional treatment in a medical | ||||||
7 | facility or doctor's office
to any person, except that any | ||||||
8 | suspension or revocation imposed by the
Secretary of State | ||||||
9 | under the provisions of this subsection shall start no
| ||||||
10 | later than 6 months after being convicted of violating a | ||||||
11 | law or
ordinance regulating the movement of traffic, which | ||||||
12 | violation is related
to the accident, or shall start not | ||||||
13 | more than one year
after
the date of the accident, | ||||||
14 | whichever date occurs later;
| ||||||
15 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
16 | driver's
license, identification card, or permit;
| ||||||
17 | 6. Has been lawfully convicted of an offense or | ||||||
18 | offenses in another
state, including the authorization | ||||||
19 | contained in Section 6-203.1, which
if committed within | ||||||
20 | this State would be grounds for suspension or revocation;
| ||||||
21 | 7. Has refused or failed to submit to an examination | ||||||
22 | provided for by
Section 6-207 or has failed to pass the | ||||||
23 | examination;
| ||||||
24 | 8. Is ineligible for a driver's license or permit under | ||||||
25 | the provisions
of Section 6-103;
| ||||||
26 | 9. Has made a false statement or knowingly concealed a |
| |||||||
| |||||||
1 | material fact
or has used false information or | ||||||
2 | identification in any application for a
license, | ||||||
3 | identification card, or permit;
| ||||||
4 | 10. Has possessed, displayed, or attempted to | ||||||
5 | fraudulently use any
license, identification card, or | ||||||
6 | permit not issued to the person;
| ||||||
7 | 11. Has operated a motor vehicle upon a highway of this | ||||||
8 | State when
the person's driving privilege or privilege to | ||||||
9 | obtain a driver's license
or permit was revoked or | ||||||
10 | suspended unless the operation was authorized by
a | ||||||
11 | monitoring device driving permit, judicial driving permit | ||||||
12 | issued prior to January 1, 2009, probationary license to | ||||||
13 | drive, or a restricted
driving permit issued under this | ||||||
14 | Code;
| ||||||
15 | 12. Has submitted to any portion of the application | ||||||
16 | process for
another person or has obtained the services of | ||||||
17 | another person to submit to
any portion of the application | ||||||
18 | process for the purpose of obtaining a
license, | ||||||
19 | identification card, or permit for some other person;
| ||||||
20 | 13. Has operated a motor vehicle upon a highway of this | ||||||
21 | State when
the person's driver's license or permit was | ||||||
22 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
23 | 14. Has committed a violation of Section 6-301, | ||||||
24 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
25 | of the Illinois Identification Card
Act;
| ||||||
26 | 15. Has been convicted of violating Section 21-2 of the |
| |||||||
| |||||||
1 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
2 | to criminal trespass to vehicles in which case, the | ||||||
3 | suspension
shall be for one year;
| ||||||
4 | 16. Has been convicted of violating Section 11-204 of | ||||||
5 | this Code relating
to fleeing from a peace officer;
| ||||||
6 | 17. Has refused to submit to a test, or tests, as | ||||||
7 | required under Section
11-501.1 of this Code and the person | ||||||
8 | has not sought a hearing as
provided for in Section | ||||||
9 | 11-501.1;
| ||||||
10 | 18. Has, since issuance of a driver's license or | ||||||
11 | permit, been adjudged
to be afflicted with or suffering | ||||||
12 | from any mental disability or disease;
| ||||||
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 an accident | ||||||
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;
|
| |||||||
| |||||||
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 of or | ||||||
8 | for a traffic related offense that is the
same as or | ||||||
9 | similar to an offense specified under Section 6-205 or | ||||||
10 | 6-206 of
this Code;
| ||||||
11 | 25. Has permitted any form of identification to be used | ||||||
12 | by another in
the application process in order to obtain or | ||||||
13 | attempt to obtain a license,
identification card, or | ||||||
14 | 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. Has violated Section 6-16 of the Liquor Control Act | ||||||
19 | of 1934;
| ||||||
20 | 28. Has been convicted for a first time of the illegal | ||||||
21 | possession, while operating or
in actual physical control, | ||||||
22 | as a driver, of a motor vehicle, of any
controlled | ||||||
23 | substance prohibited under the Illinois Controlled | ||||||
24 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
25 | Control
Act, or any methamphetamine prohibited under the | ||||||
26 | Methamphetamine Control and Community Protection Act, in |
| |||||||
| |||||||
1 | which case the person's driving privileges shall be | ||||||
2 | suspended for
one year.
Any defendant found guilty of this | ||||||
3 | offense while operating a motor vehicle,
shall have an | ||||||
4 | entry made in the court record by the presiding judge that
| ||||||
5 | this offense did occur while the defendant was operating a | ||||||
6 | motor vehicle
and order the clerk of the court to report | ||||||
7 | the violation to the Secretary
of State;
| ||||||
8 | 29. Has been convicted of the following offenses that | ||||||
9 | were committed
while the person was operating or in actual | ||||||
10 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
11 | sexual assault,
predatory criminal sexual assault of a | ||||||
12 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
13 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
14 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
15 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
16 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012 , and the manufacture, sale or
| ||||||
18 | delivery of controlled substances or instruments used for | ||||||
19 | illegal drug use
or abuse in which case the driver's | ||||||
20 | driving privileges shall be suspended
for one year;
| ||||||
21 | 30. Has been convicted a second or subsequent time for | ||||||
22 | any
combination of the offenses named in paragraph 29 of | ||||||
23 | this subsection,
in which case the person's driving | ||||||
24 | privileges shall be suspended for 5
years;
| ||||||
25 | 31. Has refused to submit to a test as
required by | ||||||
26 | Section 11-501.6 or has submitted to a test resulting in
an |
| |||||||
| |||||||
1 | alcohol concentration of 0.08 or more or any amount of a | ||||||
2 | drug, substance, or
compound resulting from the unlawful | ||||||
3 | use or consumption of cannabis as listed
in the Cannabis | ||||||
4 | Control Act, a controlled substance as listed in the | ||||||
5 | Illinois
Controlled Substances Act, an intoxicating | ||||||
6 | compound as listed in the Use of
Intoxicating Compounds | ||||||
7 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
8 | Control and Community Protection Act, in which case the | ||||||
9 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
10 | 32. Has been convicted of Section 24-1.2 of the | ||||||
11 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
12 | to the aggravated discharge of a firearm if the offender | ||||||
13 | was
located in a motor vehicle at the time the firearm was | ||||||
14 | discharged, in which
case the suspension shall be for 3 | ||||||
15 | years;
| ||||||
16 | 33. Has as a driver, who was less than 21 years of age | ||||||
17 | on the date of
the offense, been convicted a first time of | ||||||
18 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
19 | or a similar provision of a local ordinance;
| ||||||
20 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
21 | this Code or a similar provision of a local ordinance;
| ||||||
22 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
23 | this Code or a similar provision of a local ordinance;
| ||||||
24 | 36. Is under the age of 21 years at the time of arrest | ||||||
25 | and has been
convicted of not less than 2 offenses against | ||||||
26 | traffic regulations governing
the movement of vehicles |
| |||||||
| |||||||
1 | committed within any 24 month period. No revocation
or | ||||||
2 | suspension shall be entered more than 6 months after the | ||||||
3 | date of last
conviction;
| ||||||
4 | 37. Has committed a violation of subsection (c) of | ||||||
5 | Section 11-907 of this
Code that resulted in damage to the | ||||||
6 | property of another or the death or injury of another;
| ||||||
7 | 38. Has been convicted of a violation of Section 6-20 | ||||||
8 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
9 | a local ordinance;
| ||||||
10 | 39. Has committed a second or subsequent violation of | ||||||
11 | Section
11-1201 of this Code;
| ||||||
12 | 40. Has committed a violation of subsection (a-1) of | ||||||
13 | Section 11-908 of
this Code; | ||||||
14 | 41. Has committed a second or subsequent violation of | ||||||
15 | Section 11-605.1 of this Code, a similar provision of a | ||||||
16 | local ordinance, or a similar violation in any other state | ||||||
17 | within 2 years of the date of the previous violation, in | ||||||
18 | which case the suspension shall be for 90 days; | ||||||
19 | 42. Has committed a violation of subsection (a-1) of | ||||||
20 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
21 | local ordinance;
| ||||||
22 | 43. Has received a disposition of court supervision for | ||||||
23 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
24 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
25 | a local ordinance, in which case the suspension shall be | ||||||
26 | for a period of 3 months;
|
| |||||||
| |||||||
1 | 44.
Is under the age of 21 years at the time of arrest | ||||||
2 | and has been convicted of an offense against traffic | ||||||
3 | regulations governing the movement of vehicles after | ||||||
4 | having previously had his or her driving privileges
| ||||||
5 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
6 | Section; | ||||||
7 | 45.
Has, in connection with or during the course of a | ||||||
8 | formal hearing conducted under Section 2-118 of this Code: | ||||||
9 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
10 | falsified documents; (iii) submitted documents that have | ||||||
11 | been materially altered; or (iv) submitted, as his or her | ||||||
12 | own, documents that were in fact prepared or composed for | ||||||
13 | another person; or | ||||||
14 | 46. Has committed a violation of subsection (j) of | ||||||
15 | Section 3-413 of this Code. | ||||||
16 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
17 | and 27 of this
subsection, license means any driver's license, | ||||||
18 | any traffic ticket issued when
the person's driver's license is | ||||||
19 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
20 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
21 | a probationary driver's license or a temporary driver's | ||||||
22 | license.
| ||||||
23 | (b) If any conviction forming the basis of a suspension or
| ||||||
24 | revocation authorized under this Section is appealed, the
| ||||||
25 | Secretary of State may rescind or withhold the entry of the | ||||||
26 | order of suspension
or revocation, as the case may be, provided |
| |||||||
| |||||||
1 | that a certified copy of a stay
order of a court is filed with | ||||||
2 | the Secretary of State. If the conviction is
affirmed on | ||||||
3 | appeal, the date of the conviction shall relate back to the | ||||||
4 | time
the original judgment of conviction was entered and the 6 | ||||||
5 | month limitation
prescribed shall not apply.
| ||||||
6 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
7 | permit of
any person as authorized in this Section, the | ||||||
8 | Secretary of State shall
immediately notify the person in | ||||||
9 | writing of the revocation or suspension.
The notice to be | ||||||
10 | deposited in the United States mail, postage prepaid,
to the | ||||||
11 | last known address of the person.
| ||||||
12 | 2. If the Secretary of State suspends the driver's | ||||||
13 | license
of a person under subsection 2 of paragraph (a) of | ||||||
14 | this Section, a
person's privilege to operate a vehicle as | ||||||
15 | an occupation shall not be
suspended, provided an affidavit | ||||||
16 | is properly completed, the appropriate fee
received, and a | ||||||
17 | permit issued prior to the effective date of the
| ||||||
18 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
19 | which occurred
while operating a commercial vehicle in | ||||||
20 | connection with the driver's
regular occupation. All other | ||||||
21 | driving privileges shall be suspended by the
Secretary of | ||||||
22 | State. Any driver prior to operating a vehicle for
| ||||||
23 | occupational purposes only must submit the affidavit on | ||||||
24 | forms to be
provided by the Secretary of State setting | ||||||
25 | forth the facts of the person's
occupation. The affidavit | ||||||
26 | shall also state the number of offenses
committed while |
| |||||||
| |||||||
1 | operating a vehicle in connection with the driver's regular
| ||||||
2 | 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 | ||||||
9 | set forth in the notice that was
mailed under this Section. | ||||||
10 | If an affidavit is received subsequent to the
effective | ||||||
11 | date of this suspension, a permit may be issued for the | ||||||
12 | remainder
of the suspension period.
| ||||||
13 | The provisions of this subparagraph shall not apply to | ||||||
14 | any driver
required to possess a CDL for the purpose of | ||||||
15 | operating a commercial motor vehicle.
| ||||||
16 | Any person who falsely states any fact in the affidavit | ||||||
17 | required
herein shall be guilty of perjury under Section | ||||||
18 | 6-302 and upon conviction
thereof shall have all driving | ||||||
19 | privileges revoked without further rights.
| ||||||
20 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
21 | of this Code,
the Secretary of State shall either rescind | ||||||
22 | or continue an order of
revocation or shall substitute an | ||||||
23 | order of suspension; or, good
cause appearing therefor, | ||||||
24 | rescind, continue, change, or extend the
order of | ||||||
25 | suspension. If the Secretary of State does not rescind the | ||||||
26 | order,
the Secretary may upon application,
to relieve undue |
| |||||||
| |||||||
1 | hardship (as defined by the rules of the Secretary of | ||||||
2 | State), issue
a restricted driving permit granting the | ||||||
3 | privilege of driving a motor
vehicle between the | ||||||
4 | petitioner's residence and petitioner's place of
| ||||||
5 | employment or within the scope of the petitioner's | ||||||
6 | employment related duties, or to
allow the petitioner to | ||||||
7 | transport himself or herself, or a family member of the
| ||||||
8 | petitioner's household to a medical facility, to receive | ||||||
9 | necessary medical care, to allow the petitioner to | ||||||
10 | transport himself or herself to and from alcohol or drug
| ||||||
11 | remedial or rehabilitative activity recommended by a | ||||||
12 | licensed service provider, or to allow the petitioner to | ||||||
13 | transport himself or herself or a family member of the | ||||||
14 | petitioner's household to classes, as a student, at an | ||||||
15 | accredited educational institution, or to allow the | ||||||
16 | petitioner to transport children, elderly persons, or | ||||||
17 | disabled persons who do not hold driving privileges and are | ||||||
18 | living in the petitioner's household to and from daycare. | ||||||
19 | The
petitioner must demonstrate that no alternative means | ||||||
20 | of
transportation is reasonably available and that the | ||||||
21 | petitioner will not endanger
the public safety or welfare. | ||||||
22 | Those multiple offenders identified in subdivision (b)4 of | ||||||
23 | Section 6-208 of this Code, however, shall not be eligible | ||||||
24 | for the issuance of a restricted driving permit.
| ||||||
25 |
(A) If a person's license or permit is revoked or | ||||||
26 | suspended due to 2
or more convictions of violating |
| |||||||
| |||||||
1 | Section 11-501 of this Code or a similar
provision of a | ||||||
2 | local ordinance or a similar out-of-state offense, or | ||||||
3 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 , where the use of alcohol or | ||||||
5 | other drugs is recited as an element of the offense, or | ||||||
6 | a similar out-of-state offense, or a combination of | ||||||
7 | these offenses, arising out
of separate occurrences, | ||||||
8 | that person, if issued a restricted driving permit,
may | ||||||
9 | not operate a vehicle unless it has been equipped with | ||||||
10 | an ignition
interlock device as defined in Section | ||||||
11 | 1-129.1.
| ||||||
12 | (B) If a person's license or permit is revoked or | ||||||
13 | suspended 2 or more
times within a 10 year period due | ||||||
14 | to any combination of: | ||||||
15 | (i) a single conviction of violating Section
| ||||||
16 | 11-501 of this Code or a similar provision of a | ||||||
17 | local ordinance or a similar
out-of-state offense | ||||||
18 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 , where the use of alcohol or | ||||||
20 | other drugs is recited as an element of the | ||||||
21 | offense, or a similar out-of-state offense; or | ||||||
22 | (ii) a statutory summary suspension or | ||||||
23 | revocation under Section
11-501.1; or | ||||||
24 | (iii) a suspension under Section 6-203.1; | ||||||
25 | arising out of
separate occurrences; that person, if | ||||||
26 | issued a restricted driving permit, may
not operate a |
| |||||||
| |||||||
1 | vehicle unless it has been
equipped with an ignition | ||||||
2 | interlock device as defined in Section 1-129.1. | ||||||
3 | (C)
The person issued a permit conditioned upon the | ||||||
4 | use of an ignition interlock device must pay to the | ||||||
5 | Secretary of State DUI Administration Fund an amount
| ||||||
6 | not to exceed $30 per month. The Secretary shall | ||||||
7 | establish by rule the amount
and the procedures, terms, | ||||||
8 | and conditions relating to these fees. | ||||||
9 | (D) If the
restricted driving permit is issued for | ||||||
10 | employment purposes, then the prohibition against | ||||||
11 | operating a motor vehicle that is not equipped with an | ||||||
12 | ignition interlock device does not apply to the | ||||||
13 | operation of an occupational vehicle owned or
leased by | ||||||
14 | that person's employer when used solely for employment | ||||||
15 | purposes. | ||||||
16 | (E) In each case the Secretary may issue a
| ||||||
17 | restricted driving permit for a period deemed | ||||||
18 | appropriate, except that all
permits shall expire | ||||||
19 | within one year from the date of issuance. The | ||||||
20 | Secretary
may not, however, issue a restricted driving | ||||||
21 | permit to any person whose current
revocation is the | ||||||
22 | result of a second or subsequent conviction for a | ||||||
23 | violation
of Section 11-501 of this Code or a similar | ||||||
24 | provision of a local ordinance
or any similar | ||||||
25 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012 , where the |
| |||||||
| |||||||
1 | use of alcohol or other drugs is recited as an element | ||||||
2 | of the offense, or any similar out-of-state offense, or | ||||||
3 | any combination
of those offenses, until the | ||||||
4 | expiration of at least one year from the date of
the | ||||||
5 | revocation. A
restricted driving permit issued under | ||||||
6 | 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 | ||||||
13 | for the revocation, suspension, or
cancellation of a | ||||||
14 | restricted driving permit. The Secretary of State may, | ||||||
15 | as
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. | ||||||
18 | The Secretary of State is authorized to cancel a | ||||||
19 | restricted
driving permit if the permit holder does not | ||||||
20 | successfully complete the program.
| ||||||
21 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), reports received by the Secretary of State | ||||||
23 | under this Section shall, except during the actual time the | ||||||
24 | suspension is in effect, be privileged information and for use | ||||||
25 | only by the courts, police officers, prosecuting authorities, | ||||||
26 | the driver licensing administrator of any other state, the |
| |||||||
| |||||||
1 | Secretary of State, or the parent or legal guardian of a driver | ||||||
2 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
3 | person is a CDL holder, the suspension shall also be made | ||||||
4 | available to the driver licensing administrator of any other | ||||||
5 | state, the U.S. Department of Transportation, and the affected | ||||||
6 | driver or motor
carrier or prospective motor carrier upon | ||||||
7 | request.
| ||||||
8 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
9 | subsection (a), the Secretary of State shall notify the person | ||||||
10 | by mail that his or her driving privileges and driver's license | ||||||
11 | will be suspended one month after the date of the mailing of | ||||||
12 | the notice.
| ||||||
13 | (c-5) The Secretary of State may, as a condition of the | ||||||
14 | reissuance of a
driver's license or permit to an applicant | ||||||
15 | whose driver's license or permit has
been suspended before he | ||||||
16 | or she reached the age of 21 years pursuant to any of
the | ||||||
17 | provisions of this Section, require the applicant to | ||||||
18 | participate in a
driver remedial education course and be | ||||||
19 | retested under Section 6-109 of this
Code.
| ||||||
20 | (d) This Section is subject to the provisions of the | ||||||
21 | Drivers License
Compact.
| ||||||
22 | (e) The Secretary of State shall not issue a restricted | ||||||
23 | driving permit to
a person under the age of 16 years whose | ||||||
24 | driving privileges have been suspended
or revoked under any | ||||||
25 | provisions of this Code.
| ||||||
26 | (f) In accordance with 49 C.F.R. 384, the Secretary of |
| |||||||
| |||||||
1 | State may not issue a restricted driving permit for the | ||||||
2 | operation of a commercial motor vehicle to a person holding a | ||||||
3 | CDL whose driving privileges have been suspended, revoked, | ||||||
4 | cancelled, or disqualified under any provisions of this Code. | ||||||
5 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
6 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
7 | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | ||||||
8 | eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, | ||||||
9 | eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.) | ||||||
10 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||||||
11 | Sec. 6-206.1. Monitoring Device Driving Permit. | ||||||
12 | Declaration of Policy. It is hereby declared a policy of the
| ||||||
13 | State of Illinois that the driver who is impaired by alcohol, | ||||||
14 | other drug or
drugs, or intoxicating compound or compounds is a
| ||||||
15 | threat to the public safety and welfare. Therefore, to
provide | ||||||
16 | a deterrent to such practice, a statutory summary driver's | ||||||
17 | license suspension is appropriate.
It is also recognized that | ||||||
18 | driving is a privilege and therefore, that the granting of | ||||||
19 | driving privileges, in a manner consistent with public
safety, | ||||||
20 | is warranted during the period of suspension in the form of a | ||||||
21 | monitoring device driving permit. A person who drives and fails | ||||||
22 | to comply with the requirements of the monitoring device | ||||||
23 | driving permit commits a violation of Section 6-303 of this | ||||||
24 | Code. | ||||||
25 | The following procedures shall apply whenever
a first |
| |||||||
| |||||||
1 | offender, as defined in Section 11-500 of this Code, is | ||||||
2 | arrested for any offense as defined in Section 11-501
or a | ||||||
3 | similar provision of a local ordinance and is subject to the | ||||||
4 | provisions of Section 11-501.1: | ||||||
5 | (a) Upon mailing of the notice of suspension of driving | ||||||
6 | privileges as provided in subsection (h) of Section 11-501.1 of | ||||||
7 | this Code, the Secretary shall also send written notice | ||||||
8 | informing the person that he or she will be issued a monitoring | ||||||
9 | device driving permit (MDDP). The notice shall include, at | ||||||
10 | minimum, information summarizing the procedure to be followed | ||||||
11 | for issuance of the MDDP, installation of the breath alcohol | ||||||
12 | ignition installation device (BAIID), as provided in this | ||||||
13 | Section, exemption from BAIID installation requirements, and | ||||||
14 | procedures to be followed by those seeking indigent status, as | ||||||
15 | provided in this Section. The notice shall also include | ||||||
16 | information summarizing the procedure to be followed if the | ||||||
17 | person wishes to decline issuance of the MDDP. A copy of the | ||||||
18 | notice shall also be sent to the court of venue together with | ||||||
19 | the notice of suspension of driving privileges, as provided in | ||||||
20 | subsection (h) of Section 11-501. However, a MDDP shall not be | ||||||
21 | issued if the Secretary finds that:
| ||||||
22 | (1) The offender's driver's license is otherwise | ||||||
23 | invalid; | ||||||
24 | (2) Death or great bodily harm resulted from the arrest | ||||||
25 | for Section 11-501; | ||||||
26 | (3) The offender has been previously convicted of |
| |||||||
| |||||||
1 | reckless homicide or aggravated driving under the | ||||||
2 | influence involving death; or | ||||||
3 | (4) The offender is less than 18 years of age. | ||||||
4 | Any offender participating in the MDDP program must pay the | ||||||
5 | Secretary a MDDP Administration Fee in an amount not to exceed | ||||||
6 | $30 per month, to be deposited into the Monitoring Device | ||||||
7 | Driving Permit Administration Fee Fund. The Secretary shall | ||||||
8 | establish by rule the amount and the procedures, terms, and | ||||||
9 | conditions relating to these fees. The offender must have an | ||||||
10 | ignition interlock device installed within 14 days of the date | ||||||
11 | the Secretary issues the MDDP. The ignition interlock device | ||||||
12 | provider must notify the Secretary, in a manner and form | ||||||
13 | prescribed by the Secretary, of the installation. If the | ||||||
14 | Secretary does not receive notice of installation, the | ||||||
15 | Secretary shall cancel the MDDP.
| ||||||
16 | A MDDP shall not become effective prior to the 31st
day of | ||||||
17 | the original statutory summary suspension. | ||||||
18 | Upon receipt of the notice, as provided in paragraph (a) of | ||||||
19 | this Section, the person may file a petition to decline | ||||||
20 | issuance of the MDDP with the court of venue. The court shall | ||||||
21 | admonish the offender of all consequences of declining issuance | ||||||
22 | of the MDDP including, but not limited to, the enhanced | ||||||
23 | penalties for driving while suspended. After being so | ||||||
24 | admonished, the offender shall be permitted, in writing, to | ||||||
25 | execute a notice declining issuance of the MDDP. This notice | ||||||
26 | shall be filed with the court and forwarded by the clerk of the |
| |||||||
| |||||||
1 | court to the Secretary. The offender may, at any time | ||||||
2 | thereafter, apply to the Secretary for issuance of a MDDP. | ||||||
3 | (a-1) A person issued a MDDP may drive for any purpose and | ||||||
4 | at any time, subject to the rules adopted by the Secretary | ||||||
5 | under subsection (g). The person must, at his or her own | ||||||
6 | expense, drive only vehicles equipped with an ignition | ||||||
7 | interlock device as defined in Section 1-129.1, but in no event | ||||||
8 | shall such person drive a commercial motor vehicle. | ||||||
9 | (a-2) Persons who are issued a MDDP and must drive | ||||||
10 | employer-owned vehicles in the course of their employment | ||||||
11 | duties may seek permission to drive an employer-owned vehicle | ||||||
12 | that does not have an ignition interlock device. The employer | ||||||
13 | shall provide to the Secretary a form, as prescribed by the | ||||||
14 | Secretary, completed by the employer verifying that the | ||||||
15 | employee must drive an employer-owned vehicle in the course of | ||||||
16 | employment. If approved by the Secretary, the form must be in | ||||||
17 | the driver's possession while operating an employer-owner | ||||||
18 | vehicle not equipped with an ignition interlock device. No | ||||||
19 | person may use this exemption to drive a school bus, school | ||||||
20 | vehicle, or a vehicle designed to transport more than 15 | ||||||
21 | passengers. No person may use this exemption to drive an | ||||||
22 | employer-owned motor vehicle that is owned by an entity that is | ||||||
23 | wholly or partially owned by the person holding the MDDP, or by | ||||||
24 | a family member of the person holding the MDDP. No person may | ||||||
25 | use this exemption to drive an employer-owned vehicle that is | ||||||
26 | made available to the employee for personal use. No person may |
| |||||||
| |||||||
1 | drive the exempted vehicle more than 12 hours per day, 6 days | ||||||
2 | per week.
| ||||||
3 | (a-3) Persons who are issued a MDDP and who must drive a | ||||||
4 | farm tractor to and from a farm, within 50 air miles from the | ||||||
5 | originating farm are exempt from installation of a BAIID on the | ||||||
6 | farm tractor, so long as the farm tractor is being used for the | ||||||
7 | exclusive purpose of conducting farm operations. | ||||||
8 | (b) (Blank). | ||||||
9 | (c) (Blank).
| ||||||
10 | (c-1) If the holder of the MDDP is convicted of or receives | ||||||
11 | court supervision for a violation of Section 6-206.2, 6-303, | ||||||
12 | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||||||
13 | provision of a local ordinance or a similar out-of-state | ||||||
14 | offense or is convicted of or receives court supervision for | ||||||
15 | any offense for which alcohol or drugs is an element of the | ||||||
16 | offense and in which a motor vehicle was involved (for an | ||||||
17 | arrest other than the one for which the MDDP is issued), or | ||||||
18 | de-installs the BAIID without prior authorization from the | ||||||
19 | Secretary, the MDDP shall be cancelled. | ||||||
20 | (c-5) If the Secretary determines that the person seeking | ||||||
21 | the MDDP is indigent, the Secretary shall provide the person | ||||||
22 | with a written document as evidence of that determination, and | ||||||
23 | the person shall provide that written document to an ignition | ||||||
24 | interlock device provider. The provider shall install an | ||||||
25 | ignition interlock device on that person's vehicle without | ||||||
26 | charge to the person, and seek reimbursement from the Indigent |
| |||||||
| |||||||
1 | BAIID Fund.
If the Secretary has deemed an offender indigent, | ||||||
2 | the BAIID provider shall also provide the normal monthly | ||||||
3 | monitoring services and the de-installation without charge to | ||||||
4 | the offender and seek reimbursement from the Indigent BAIID | ||||||
5 | Fund. Any other monetary charges, such as a lockout fee or | ||||||
6 | reset fee, shall be the responsibility of the MDDP holder. A | ||||||
7 | BAIID provider may not seek a security deposit from the | ||||||
8 | Indigent BAIID Fund. | ||||||
9 | (d) MDDP information
shall be available only to the courts, | ||||||
10 | police officers, and the Secretary, except during the actual | ||||||
11 | period the MDDP is valid, during which
time it shall be a | ||||||
12 | public record. | ||||||
13 | (e) (Blank). | ||||||
14 | (f) (Blank). | ||||||
15 | (g) The Secretary shall adopt rules for implementing this | ||||||
16 | Section. The rules adopted shall address issues including, but | ||||||
17 | not limited to: compliance with the requirements of the MDDP; | ||||||
18 | methods for determining compliance with those requirements; | ||||||
19 | the consequences of noncompliance with those requirements; | ||||||
20 | what constitutes a violation of the MDDP; methods for | ||||||
21 | determining indigency; and the duties of a person or entity | ||||||
22 | that supplies the ignition interlock device. | ||||||
23 | (h) The rules adopted under subsection (g) shall provide, | ||||||
24 | at a minimum, that the person is not in compliance with the | ||||||
25 | requirements of the MDDP if he or she: | ||||||
26 | (1) tampers or attempts to tamper with or circumvent |
| |||||||
| |||||||
1 | the proper operation of the ignition interlock device; | ||||||
2 | (2) provides valid breath samples that register blood | ||||||
3 | alcohol levels in excess of the number of times allowed | ||||||
4 | under the rules; | ||||||
5 | (3) fails to provide evidence sufficient to satisfy the | ||||||
6 | Secretary that the ignition interlock device has been | ||||||
7 | installed in the designated vehicle or vehicles; or | ||||||
8 | (4) fails to follow any other applicable rules adopted | ||||||
9 | by the Secretary. | ||||||
10 | (i) Any person or entity that supplies an ignition | ||||||
11 | interlock device as provided under this Section shall, in | ||||||
12 | addition to supplying only those devices which fully comply | ||||||
13 | with all the rules adopted under subsection (g), provide the | ||||||
14 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
15 | of each person who has had an ignition interlock device | ||||||
16 | installed. These reports shall be furnished in a manner or form | ||||||
17 | as prescribed by the Secretary. | ||||||
18 | (j) Upon making a determination that a violation of the | ||||||
19 | requirements of the MDDP has occurred, the Secretary shall | ||||||
20 | extend the summary suspension period for an additional 3 months | ||||||
21 | beyond the originally imposed summary suspension period, | ||||||
22 | during which time the person shall only be allowed to drive | ||||||
23 | vehicles equipped with an ignition interlock device; provided | ||||||
24 | further there are no limitations on the total number of times | ||||||
25 | the summary suspension may be extended. The Secretary may, | ||||||
26 | however, limit the number of extensions imposed for violations |
| |||||||
| |||||||
1 | occurring during any one monitoring period, as set forth by | ||||||
2 | rule. Any person whose summary suspension is extended pursuant | ||||||
3 | to this Section shall have the right to contest the extension | ||||||
4 | through a hearing with the Secretary, pursuant to Section 2-118 | ||||||
5 | of this Code. If the summary suspension has already terminated | ||||||
6 | prior to the Secretary receiving the monitoring report that | ||||||
7 | shows a violation, the Secretary shall be authorized to suspend | ||||||
8 | the person's driving privileges for 3 months, provided that the | ||||||
9 | Secretary may, by rule, limit the number of suspensions to be | ||||||
10 | entered pursuant to this paragraph for violations occurring | ||||||
11 | during any one monitoring period. Any person whose license is | ||||||
12 | suspended pursuant to this paragraph, after the summary | ||||||
13 | suspension had already terminated, shall have the right to | ||||||
14 | contest the suspension through a hearing with the Secretary, | ||||||
15 | pursuant to Section 2-118 of this Code. The only permit the | ||||||
16 | person shall be eligible for during this new suspension period | ||||||
17 | is a MDDP. | ||||||
18 | (k) A person who has had his or her summary suspension | ||||||
19 | extended for the third time, or has any combination of 3 | ||||||
20 | extensions and new suspensions, entered as a result of a | ||||||
21 | violation that occurred while holding the MDDP, so long as the | ||||||
22 | extensions and new suspensions relate to the same summary | ||||||
23 | suspension, shall have his or her vehicle impounded for a | ||||||
24 | period of 30 days, at the person's own expense. A person who | ||||||
25 | has his or her summary suspension extended for the fourth time, | ||||||
26 | or has any combination of 4 extensions and new suspensions, |
| |||||||
| |||||||
1 | entered as a result of a violation that occurred while holding | ||||||
2 | the MDDP, so long as the extensions and new suspensions relate | ||||||
3 | to the same summary suspension, shall have his or her vehicle | ||||||
4 | subject to seizure and forfeiture. The Secretary shall notify | ||||||
5 | the prosecuting authority of any third or fourth extensions or | ||||||
6 | new suspension entered as a result of a violation that occurred | ||||||
7 | while the person held a MDDP. Upon receipt of the notification, | ||||||
8 | the prosecuting authority shall impound or forfeit the vehicle. | ||||||
9 | The impoundment or forfeiture of a vehicle shall be conducted | ||||||
10 | pursuant to the procedure specified in Article 36 of the | ||||||
11 | Criminal Code of 2012 1961 . | ||||||
12 | (l) A person whose driving privileges have been suspended | ||||||
13 | under Section 11-501.1 of this Code and who had a MDDP that was | ||||||
14 | cancelled, or would have been cancelled had notification of a | ||||||
15 | violation been received prior to expiration of the MDDP, | ||||||
16 | pursuant to subsection (c-1) of this Section, shall not be | ||||||
17 | eligible for reinstatement when the summary suspension is | ||||||
18 | scheduled to terminate. Instead, the person's driving | ||||||
19 | privileges shall be suspended for a period of not less than | ||||||
20 | twice the original summary suspension period, or for the length | ||||||
21 | of any extensions entered under subsection (j), whichever is | ||||||
22 | longer. During the period of suspension, the person shall be | ||||||
23 | eligible only to apply for a restricted driving permit. If a | ||||||
24 | restricted driving permit is granted, the offender may only | ||||||
25 | operate vehicles equipped with a BAIID in accordance with this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (m) Any person or entity that supplies an ignition | ||||||
2 | interlock device under this Section shall, for each ignition | ||||||
3 | interlock device installed, pay 5% of the total gross revenue | ||||||
4 | received for the device, including monthly monitoring fees, | ||||||
5 | into the Indigent BAIID Fund. This 5% shall be clearly | ||||||
6 | indicated as a separate surcharge on each invoice that is | ||||||
7 | issued. The Secretary shall conduct an annual review of the | ||||||
8 | fund to determine whether the surcharge is sufficient to | ||||||
9 | provide for indigent users. The Secretary may increase or | ||||||
10 | decrease this surcharge requirement as needed. | ||||||
11 | (n) Any person or entity that supplies an ignition | ||||||
12 | interlock device under this Section that is requested to | ||||||
13 | provide an ignition interlock device to a person who presents | ||||||
14 | written documentation of indigency from the Secretary, as | ||||||
15 | provided in subsection (c-5) of this Section, shall install the | ||||||
16 | device on the person's vehicle without charge to the person and | ||||||
17 | shall seek reimbursement from the Indigent BAIID Fund. | ||||||
18 | (o) The Indigent BAIID Fund is created as a special fund in | ||||||
19 | the State treasury. The Secretary shall, subject to | ||||||
20 | appropriation by the General Assembly, use all money in the | ||||||
21 | Indigent BAIID Fund to reimburse ignition interlock device | ||||||
22 | providers who have installed devices in vehicles of indigent | ||||||
23 | persons. The Secretary shall make payments to such providers | ||||||
24 | every 3 months. If the amount of money in the fund at the time | ||||||
25 | payments are made is not sufficient to pay all requests for | ||||||
26 | reimbursement submitted during that 3 month period, the |
| |||||||
| |||||||
1 | Secretary shall make payments on a pro-rata basis, and those | ||||||
2 | payments shall be considered payment in full for the requests | ||||||
3 | submitted. | ||||||
4 | (p) The Monitoring Device Driving Permit Administration | ||||||
5 | Fee Fund is created as a special fund in the State treasury. | ||||||
6 | The Secretary shall, subject to appropriation by the General | ||||||
7 | Assembly, use the money paid into this fund to offset its | ||||||
8 | administrative costs for administering MDDPs.
| ||||||
9 | (q) The Secretary is authorized to prescribe such forms as | ||||||
10 | it deems necessary to carry out the provisions of this Section. | ||||||
11 | (Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; | ||||||
12 | 97-229; 97-813, eff. 7-13-12.)
| ||||||
13 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
14 | Sec. 6-208. Period of Suspension - Application After | ||||||
15 | Revocation.
| ||||||
16 | (a) Except as otherwise provided by this Code or any other | ||||||
17 | law of this
State, the Secretary of State shall not suspend a | ||||||
18 | driver's license,
permit, or privilege to drive a motor vehicle | ||||||
19 | on the highways for a
period of more than one year.
| ||||||
20 | (b) Any person whose license, permit, or privilege to drive | ||||||
21 | a motor
vehicle on the highways has been revoked shall not be | ||||||
22 | entitled to have
such license, permit, or privilege renewed or | ||||||
23 | restored. However, such
person may, except as provided under | ||||||
24 | subsections (d) and (d-5) of Section 6-205, make
application | ||||||
25 | for a license pursuant to Section 6-106 (i) if the revocation
|
| |||||||
| |||||||
1 | was
for a cause that
has been removed or (ii) as provided in | ||||||
2 | the following
subparagraphs:
| ||||||
3 | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | ||||||
4 | and 5,
the person may make application for a license (A) | ||||||
5 | after the expiration of one
year from the effective date of | ||||||
6 | the revocation, (B) in the case of a violation of paragraph | ||||||
7 | (b) of Section 11-401 of this
Code or a similar provision | ||||||
8 | of a local ordinance, after the expiration of 3
years from | ||||||
9 | the effective date of the revocation, or
(C) in the case of | ||||||
10 | a violation
of Section 9-3 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012 or a similar provision of a law | ||||||
12 | of another state relating to the offense of reckless
| ||||||
13 | homicide or a violation of subparagraph (F) of paragraph 1 | ||||||
14 | of subsection (d) of Section 11-501 of this Code relating | ||||||
15 | to aggravated driving under the influence of alcohol, other | ||||||
16 | drug or drugs, intoxicating compound or compounds, or any | ||||||
17 | combination thereof, if the violation was the proximate | ||||||
18 | cause of a death, after the expiration of 2 years from the | ||||||
19 | effective date of the
revocation
or after the expiration of | ||||||
20 | 24 months from the date of release from
a
period of | ||||||
21 | imprisonment as provided in Section
6-103 of this Code, | ||||||
22 | whichever is later.
| ||||||
23 | 1.5. If the person is convicted of a violation of | ||||||
24 | Section 6-303 of this Code committed while his or her | ||||||
25 | driver's license, permit, or privilege was revoked because | ||||||
26 | of a violation of Section 9-3 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012 , relating to the offense of | ||||||
2 | reckless homicide, or a similar provision of a law of | ||||||
3 | another state, the person may not make application for a | ||||||
4 | license or permit until the expiration of 3 years from the | ||||||
5 | date of the conviction.
| ||||||
6 | 2. If such person is convicted of committing a second | ||||||
7 | violation within a 20-year
period of:
| ||||||
8 | (A) Section 11-501 of this Code or a similar | ||||||
9 | provision of a local
ordinance;
| ||||||
10 | (B) Paragraph (b) of Section 11-401 of this Code or | ||||||
11 | a similar
provision
of a local ordinance;
| ||||||
12 | (C) Section 9-3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 , relating
to the
offense of | ||||||
14 | reckless homicide; or
| ||||||
15 | (D) any combination of the above offenses | ||||||
16 | committed at different
instances;
| ||||||
17 | then such person may not make application for a license | ||||||
18 | until after
the expiration of 5 years from the effective | ||||||
19 | date of the most recent
revocation. The 20-year
period | ||||||
20 | shall be computed by using the dates the
offenses were | ||||||
21 | committed and shall also include similar out-of-state
| ||||||
22 | offenses and similar offenses committed on a military | ||||||
23 | installation.
| ||||||
24 | 2.5. If a person is convicted of a second violation of | ||||||
25 | Section 6-303 of this Code committed while the person's | ||||||
26 | driver's license, permit, or privilege was revoked because |
| |||||||
| |||||||
1 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012 , relating to the offense of | ||||||
3 | reckless homicide, or a similar provision of a law of | ||||||
4 | another state, the person may not make application for a | ||||||
5 | license or permit until the expiration of 5 years from the | ||||||
6 | date of release from a term of imprisonment.
| ||||||
7 | 3. However, except as provided in subparagraph 4, if | ||||||
8 | such person is
convicted of committing a third or
| ||||||
9 | subsequent violation or any combination of the above | ||||||
10 | offenses, including
similar out-of-state offenses and | ||||||
11 | similar offenses committed on a military installation, | ||||||
12 | contained in subparagraph 2, then such person
may not make | ||||||
13 | application for a license until after the expiration of 10 | ||||||
14 | years
from the effective date of the most recent | ||||||
15 | revocation.
| ||||||
16 | 4. The person may not make application for a license if | ||||||
17 | the person is
convicted of committing a fourth or | ||||||
18 | subsequent
violation of Section 11-501 of this Code or a | ||||||
19 | similar provision of a local
ordinance, Section 11-401 of | ||||||
20 | this Code, Section 9-3 of the
Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 , or
a combination of these offenses,
| ||||||
22 | similar provisions of local ordinances,
similar | ||||||
23 | out-of-state offenses, or similar offenses committed on a | ||||||
24 | military installation.
| ||||||
25 | 5. The person may not make application for a license or | ||||||
26 | permit if the person is convicted of a third or subsequent |
| |||||||
| |||||||
1 | violation of Section 6-303 of this Code committed while his | ||||||
2 | or her driver's license, permit, or privilege was revoked | ||||||
3 | because of a violation of Section 9-3 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012 , relating to the | ||||||
5 | offense of reckless homicide, or a similar provision of a | ||||||
6 | law of another state.
| ||||||
7 | Notwithstanding any other provision of this Code, all | ||||||
8 | persons referred to
in this paragraph (b) may not have their | ||||||
9 | privileges restored until the
Secretary receives payment of the | ||||||
10 | required reinstatement fee pursuant to
subsection (b) of | ||||||
11 | Section 6-118.
| ||||||
12 | In no event shall the Secretary issue such license
unless | ||||||
13 | and until such person has had a hearing pursuant to this Code | ||||||
14 | and
the appropriate administrative rules and the Secretary is
| ||||||
15 | satisfied, after a review or investigation of such person, that
| ||||||
16 | to grant the privilege of driving a motor vehicle on the | ||||||
17 | highways will
not endanger the public safety or welfare.
| ||||||
18 | (c) (Blank).
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | ||||||
20 | 95-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff. | ||||||
21 | 8-24-09.)
| ||||||
22 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
23 | Sec. 6-303. Driving while driver's license, permit or | ||||||
24 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
25 | (a) Except as otherwise provided in subsection (a-5), any |
| |||||||
| |||||||
1 | person who drives or is in actual physical control of a motor
| ||||||
2 | vehicle on any highway of this State at a time when such | ||||||
3 | person's driver's
license, permit or privilege to do so or the | ||||||
4 | privilege to obtain a driver's
license or permit is revoked or | ||||||
5 | suspended as provided by this Code or the law
of another state, | ||||||
6 | except as may be specifically allowed by a judicial driving
| ||||||
7 | permit issued prior to January 1, 2009, monitoring device | ||||||
8 | driving permit, family financial responsibility driving | ||||||
9 | permit, probationary
license to drive, or a restricted driving | ||||||
10 | permit issued pursuant to this Code
or under the law of another | ||||||
11 | state, shall be guilty of a Class A misdemeanor.
| ||||||
12 | (a-5) Any person who violates this Section as provided in | ||||||
13 | subsection (a) while his or her driver's license, permit or | ||||||
14 | privilege is revoked because of a violation of Section 9-3 of | ||||||
15 | the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
16 | relating to the offense of reckless homicide or a similar | ||||||
17 | provision of a law of another state, is guilty of a Class 4 | ||||||
18 | felony. The person shall be required to undergo a professional | ||||||
19 | evaluation, as provided in Section 11-501 of this Code, to | ||||||
20 | determine if an alcohol, drug, or intoxicating compound problem | ||||||
21 | exists and the extent of the problem, and to undergo the | ||||||
22 | imposition of treatment as appropriate.
| ||||||
23 | (b) (Blank). | ||||||
24 | (b-1) Upon receiving a report of the conviction of any | ||||||
25 | violation indicating a person was operating a motor vehicle | ||||||
26 | during the time when the person's driver's license, permit or |
| |||||||
| |||||||
1 | privilege was suspended by the Secretary of State or the | ||||||
2 | driver's licensing administrator of another state, except as | ||||||
3 | specifically allowed by a probationary license, judicial | ||||||
4 | driving permit, restricted driving permit or monitoring device | ||||||
5 | driving permit the Secretary shall extend the suspension for | ||||||
6 | the same period of time as the originally imposed suspension | ||||||
7 | unless the suspension has already expired, in which case the | ||||||
8 | Secretary shall be authorized to suspend the person's driving | ||||||
9 | privileges for the same period of time as the originally | ||||||
10 | imposed suspension. | ||||||
11 | (b-2) Except as provided in subsection (b-6), upon | ||||||
12 | receiving a report of the conviction of any violation | ||||||
13 | indicating a person was operating a motor vehicle when the | ||||||
14 | person's driver's license, permit or privilege was revoked by | ||||||
15 | the Secretary of State or the driver's license administrator of | ||||||
16 | any other state, except as specifically allowed by a restricted | ||||||
17 | driving permit issued pursuant to this Code or the law of | ||||||
18 | another state, the Secretary shall not issue a driver's license | ||||||
19 | for an additional period of one year from the date of such | ||||||
20 | conviction indicating such person was operating a vehicle | ||||||
21 | during such period of revocation. | ||||||
22 | (b-3) (Blank).
| ||||||
23 | (b-4) When the Secretary of State receives a report of a | ||||||
24 | conviction of any violation indicating a person was operating a | ||||||
25 | motor vehicle that was not equipped with an ignition interlock | ||||||
26 | device during a time when the person was prohibited from |
| |||||||
| |||||||
1 | operating a motor vehicle not equipped with such a device, the | ||||||
2 | Secretary shall not issue a driver's license to that person for | ||||||
3 | an additional period of one year from the date of the | ||||||
4 | conviction.
| ||||||
5 | (b-5) Any person convicted of violating this Section shall | ||||||
6 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
7 | 300
hours of community service
when the person's driving | ||||||
8 | privilege was revoked or suspended as a result of a violation | ||||||
9 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012 , as amended ,
relating to the offense of reckless | ||||||
11 | homicide, or a similar provision of a law of another state.
| ||||||
12 | (b-6) Upon receiving a report of a first conviction of | ||||||
13 | operating a motor vehicle while the person's driver's license, | ||||||
14 | permit or privilege was revoked where the revocation was for a | ||||||
15 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 relating to the offense of reckless | ||||||
17 | homicide or a similar out-of-state offense, the Secretary shall | ||||||
18 | not issue a driver's license for an additional period of three | ||||||
19 | years from the date of such conviction. | ||||||
20 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
21 | person convicted of violating this Section shall serve a | ||||||
22 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
23 | of community service
when the person's driving privilege was | ||||||
24 | revoked or suspended as a result of:
| ||||||
25 | (1) a violation of Section 11-501 of this Code or a | ||||||
26 | similar provision
of a local ordinance relating to the |
| |||||||
| |||||||
1 | offense of operating or being in physical
control of a | ||||||
2 | vehicle while under the influence of alcohol, any other | ||||||
3 | drug
or any combination thereof; or
| ||||||
4 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
5 | this Code or a
similar provision of a local ordinance | ||||||
6 | relating to the offense of leaving the
scene of a motor | ||||||
7 | vehicle accident involving personal injury or death; or
| ||||||
8 | (3)
a statutory summary suspension or revocation under | ||||||
9 | Section 11-501.1 of this
Code.
| ||||||
10 | Such sentence of imprisonment or community service shall | ||||||
11 | not be subject
to suspension in order to reduce such sentence.
| ||||||
12 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
13 | person convicted of a
second violation of this Section shall be | ||||||
14 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
15 | community service.
| ||||||
16 | (c-2) In addition to other penalties imposed under this | ||||||
17 | Section, the
court may impose on any person convicted a fourth | ||||||
18 | time of violating this
Section any of
the following:
| ||||||
19 | (1) Seizure of the license plates of the person's | ||||||
20 | vehicle.
| ||||||
21 | (2) Immobilization of the person's vehicle for a period | ||||||
22 | of time
to be determined by the court.
| ||||||
23 | (c-3) Any person convicted of a violation of this Section | ||||||
24 | during a period of summary suspension imposed pursuant to | ||||||
25 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
26 | be guilty of a Class 4 felony and shall serve a minimum term of |
| |||||||
| |||||||
1 | imprisonment of 30 days. | ||||||
2 | (c-4) Any person who has been issued a MDDP and who is | ||||||
3 | convicted of a violation of this Section as a result of | ||||||
4 | operating or being in actual physical control of a motor | ||||||
5 | vehicle not equipped with an ignition interlock device at the | ||||||
6 | time of the offense shall be guilty of a Class 4 felony and | ||||||
7 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
8 | (c-5) Any person convicted of a second violation of this
| ||||||
9 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
10 | probation or conditional discharge, and shall serve a mandatory | ||||||
11 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
12 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 , relating
to the offense of reckless | ||||||
14 | homicide, or a similar out-of-state offense.
| ||||||
15 | (d) Any person convicted of a second violation of this
| ||||||
16 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
17 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
18 | community service, as determined by the
court, if the original
| ||||||
19 | revocation or
suspension was for a violation of Section 11-401 | ||||||
20 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
21 | similar provision of a local
ordinance, or a
statutory summary | ||||||
22 | suspension or revocation under Section 11-501.1 of this Code.
| ||||||
23 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
24 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
25 | of this Section shall serve a minimum term of
imprisonment of | ||||||
26 | 30 days or 300 hours of community service, as determined by the
|
| |||||||
| |||||||
1 | court.
| ||||||
2 | (d-2) Any person convicted of a third violation of this
| ||||||
3 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
4 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
5 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
6 | or a similar out-of-state offense, or a similar provision of a | ||||||
7 | local
ordinance, or a
statutory summary suspension or | ||||||
8 | revocation under Section 11-501.1 of this Code.
| ||||||
9 | (d-2.5) Any person convicted of a third violation of this
| ||||||
10 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
11 | probation or conditional discharge, and must serve a mandatory | ||||||
12 | term of
imprisonment if the revocation or
suspension was for a | ||||||
13 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 , relating to the offense of reckless | ||||||
15 | homicide, or a similar out-of-state offense.
The person's | ||||||
16 | driving privileges shall be revoked for the remainder of the | ||||||
17 | person's life. | ||||||
18 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
19 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
20 | of a Class 4 felony and must serve a minimum term of
| ||||||
21 | imprisonment of 180 days if the revocation or suspension was | ||||||
22 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
23 | similar out-of-state
offense, or a similar provision of a local | ||||||
24 | ordinance, or a statutory
summary suspension or revocation | ||||||
25 | under Section 11-501.1 of this Code.
| ||||||
26 | (d-3.5) Any person convicted of a fourth or subsequent |
| |||||||
| |||||||
1 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
2 | eligible for probation or conditional discharge, and must serve | ||||||
3 | a mandatory term of
imprisonment, and is eligible for an | ||||||
4 | extended term, if the revocation or suspension was for a
| ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 , relating to the offense of reckless | ||||||
7 | homicide, or a similar out-of-state offense.
| ||||||
8 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
9 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
10 | of a Class 3 felony, and is not eligible for probation or | ||||||
11 | conditional discharge, if the revocation or suspension was for | ||||||
12 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
13 | similar out-of-state offense, or a similar provision of a local | ||||||
14 | ordinance, or a statutory summary suspension or revocation | ||||||
15 | under Section 11-501.1 of this Code. | ||||||
16 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
17 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
18 | not eligible for probation or conditional discharge, if the | ||||||
19 | revocation or suspension was for a violation of Section 11-401 | ||||||
20 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
21 | similar provision of a local ordinance, or a statutory summary | ||||||
22 | suspension or revocation under Section 11-501.1 of this Code.
| ||||||
23 | (e) Any person in violation of this Section who is also in | ||||||
24 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
25 | insurance requirements, in
addition to other penalties imposed | ||||||
26 | under this Section, shall have his or her
motor vehicle |
| |||||||
| |||||||
1 | immediately impounded by the arresting law enforcement | ||||||
2 | officer.
The motor vehicle may be released to any licensed | ||||||
3 | driver upon a showing of
proof of insurance for the vehicle | ||||||
4 | that was impounded and the notarized written
consent for the | ||||||
5 | release by the vehicle owner.
| ||||||
6 | (f) For any prosecution under this Section, a certified | ||||||
7 | copy of the
driving abstract of the defendant shall be admitted | ||||||
8 | as proof of any prior
conviction.
| ||||||
9 | (g) The motor vehicle used in a violation of this Section | ||||||
10 | is subject
to seizure and forfeiture as provided in Sections | ||||||
11 | 36-1 and 36-2 of the
Criminal Code of 2012 1961 if the person's | ||||||
12 | driving privilege was revoked
or suspended as a result of: | ||||||
13 | (1) a violation of Section 11-501 of this Code, a | ||||||
14 | similar provision
of a local ordinance, or a similar | ||||||
15 | provision of a law of another state; | ||||||
16 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
17 | this Code, a
similar provision of a local ordinance, or a | ||||||
18 | similar provision of a law of another state; | ||||||
19 | (3) a statutory summary suspension or revocation under | ||||||
20 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
21 | law of another state; or | ||||||
22 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
24 | of reckless homicide, or a similar provision of a law of | ||||||
25 | another state.
| ||||||
26 | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
| |||||||
| |||||||
1 | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | ||||||
2 | 1-1-13.)
| ||||||
3 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
4 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
5 | qualification standards.
| ||||||
6 | (a) Testing.
| ||||||
7 | (1) General. No person shall be issued an original or | ||||||
8 | renewal CDL
unless that person is
domiciled in this State. | ||||||
9 | The Secretary shall cause to be administered such
tests as | ||||||
10 | the Secretary deems necessary to meet the requirements of | ||||||
11 | 49
C.F.R. Part 383, subparts F, G, H, and J.
| ||||||
12 | (2) Third party testing. The Secretary of state may | ||||||
13 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
14 | Part 383.75, to administer the
skills test or tests | ||||||
15 | specified by Federal Motor Carrier Safety
Administration | ||||||
16 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||||
17 | and any appropriate federal rule.
| ||||||
18 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
19 | the skills
test specified in this Section for a driver | ||||||
20 | applicant for a commercial driver license
who meets the | ||||||
21 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||||||
22 | (b-1) No person shall be issued a commercial driver | ||||||
23 | instruction permit or CDL unless the person certifies to the | ||||||
24 | Secretary one of the following types of driving operations in | ||||||
25 | which he or she will be engaged: |
| |||||||
| |||||||
1 | (1) non-excepted interstate; | ||||||
2 | (2) non-excepted intrastate; | ||||||
3 | (3) excepted interstate; or | ||||||
4 | (4) excepted intrastate. | ||||||
5 | (b-2) Persons who hold a commercial driver instruction | ||||||
6 | permit or CDL on January 30, 2012 must certify to the Secretary | ||||||
7 | no later than January 30, 2014 one of the following applicable | ||||||
8 | self-certifications: | ||||||
9 | (1) non-excepted interstate; | ||||||
10 | (2) non-excepted intrastate; | ||||||
11 | (3) excepted interstate; or | ||||||
12 | (4) excepted intrastate. | ||||||
13 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
14 | commercial driver
instruction permit, shall not be issued to a | ||||||
15 | person while the person is
subject to a disqualification from | ||||||
16 | driving a commercial motor vehicle, or
unless otherwise | ||||||
17 | permitted by this Code, while the person's driver's
license is | ||||||
18 | suspended, revoked or cancelled in
any state, or any territory | ||||||
19 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
20 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
21 | unless the person first surrenders all such
licenses. No CDL | ||||||
22 | shall be issued to or renewed for a person who does not
meet | ||||||
23 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
24 | met with
the aid of a hearing aid.
| ||||||
25 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
26 | driver endorsement
to allow a person to drive the type of bus |
| |||||||
| |||||||
1 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
2 | The CDL with a school bus driver endorsement may be
issued only | ||||||
3 | to a person meeting the following requirements:
| ||||||
4 | (1) the person has submitted his or her fingerprints to | ||||||
5 | the
Department of State Police in the form and manner
| ||||||
6 | prescribed by the Department of State Police. These
| ||||||
7 | fingerprints shall be checked against the fingerprint | ||||||
8 | records
now and hereafter filed in the Department of State | ||||||
9 | Police and
Federal Bureau of Investigation criminal | ||||||
10 | history records databases;
| ||||||
11 | (2) the person has passed a written test, administered | ||||||
12 | by the Secretary of
State, on charter bus operation, | ||||||
13 | charter bus safety, and certain special
traffic laws
| ||||||
14 | relating to school buses determined by the Secretary of | ||||||
15 | State to be relevant to
charter buses, and submitted to a | ||||||
16 | review of the driver applicant's driving
habits by the | ||||||
17 | Secretary of State at the time the written test is given;
| ||||||
18 | (3) the person has demonstrated physical fitness to | ||||||
19 | operate school buses
by
submitting the results of a medical | ||||||
20 | examination, including tests for drug
use; and
| ||||||
21 | (4) the person has not been convicted of committing or | ||||||
22 | attempting
to commit any
one or more of the following | ||||||
23 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
24 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
25 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
26 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
| |||||||
| |||||||
1 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
2 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
3 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
4 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
5 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
6 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
7 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
8 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
9 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
10 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
11 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
12 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
13 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
14 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
15 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
16 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
17 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
18 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
19 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012 ; (ii) those offenses defined in the
Cannabis | ||||||
21 | Control Act except those offenses defined in subsections | ||||||
22 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
23 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
24 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
25 | offenses defined in the Methamphetamine Control and | ||||||
26 | Community Protection Act; (v) any offense committed or |
| |||||||
| |||||||
1 | attempted in any other state or against
the laws of the | ||||||
2 | United States, which if committed or attempted in this
| ||||||
3 | State would be punishable as one or more of the foregoing | ||||||
4 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
5 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 ; (vii) | ||||||
7 | those offenses defined in Section 6-16 of the Liquor | ||||||
8 | Control Act of
1934; and (viii) those offenses defined in | ||||||
9 | the Methamphetamine Precursor Control Act.
| ||||||
10 | The Department of State Police shall charge
a fee for | ||||||
11 | conducting the criminal history records check, which shall be
| ||||||
12 | deposited into the State Police Services Fund and may not | ||||||
13 | exceed the actual
cost of the records check.
| ||||||
14 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
15 | endorsement to allow a person to drive a school bus as defined | ||||||
16 | in this Section. The CDL shall be issued according to the | ||||||
17 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
18 | operate a school bus as defined in this Section without a | ||||||
19 | school bus endorsement. The Secretary of State may adopt rules | ||||||
20 | consistent with Federal guidelines to implement this | ||||||
21 | subsection (c-2).
| ||||||
22 | (d) Commercial driver instruction permit. A commercial | ||||||
23 | driver
instruction permit may be issued to any person holding a | ||||||
24 | valid Illinois
driver's license if such person successfully | ||||||
25 | passes such tests as the
Secretary determines to be necessary.
| ||||||
26 | A commercial driver instruction permit shall not be issued to a |
| |||||||
| |||||||
1 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
2 | (b)(11), except for the renewal of a
commercial driver
| ||||||
3 | instruction permit for a person who possesses a commercial | ||||||
4 | instruction permit
prior to the
effective date of this | ||||||
5 | amendatory Act of 1999.
| ||||||
6 | (Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||||||
7 | Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||||||
8 | 7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
9 | eff. 1-1-13; revised 9-20-12.)
| ||||||
10 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
11 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
12 | Disqualifications.
| ||||||
13 | (a) A person shall be disqualified from driving a | ||||||
14 | commercial motor
vehicle for a period of not less than 12 | ||||||
15 | months for the first violation of:
| ||||||
16 | (1) Refusing to submit to or failure to complete a test | ||||||
17 | or tests to
determine the driver's blood concentration of | ||||||
18 | alcohol, other drug, or both,
while driving a commercial | ||||||
19 | motor vehicle or, if the driver is a CDL holder, while | ||||||
20 | driving a non-CMV; or
| ||||||
21 | (2) Operating a commercial motor vehicle while the | ||||||
22 | alcohol
concentration of the person's blood, breath or | ||||||
23 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
24 | or compound in the person's blood or urine
resulting from | ||||||
25 | the unlawful use or consumption of cannabis listed in the
|
| |||||||
| |||||||
1 | Cannabis Control Act, a controlled substance listed in the | ||||||
2 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
3 | listed in the Methamphetamine Control and Community | ||||||
4 | Protection Act as indicated by a police officer's sworn | ||||||
5 | report or
other verified evidence; or operating a | ||||||
6 | non-commercial motor vehicle while the alcohol | ||||||
7 | concentration of the person's blood, breath, or urine was | ||||||
8 | above the legal limit defined in Section 11-501.1 or | ||||||
9 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
10 | the person's blood or urine resulting from the unlawful use | ||||||
11 | or consumption of cannabis listed in the Cannabis Control | ||||||
12 | Act, a controlled substance listed in the Illinois | ||||||
13 | Controlled Substances Act, or methamphetamine as listed in | ||||||
14 | the Methamphetamine Control and Community Protection Act
| ||||||
15 | as indicated by a police officer's sworn report or other | ||||||
16 | verified evidence while holding a commercial driver's | ||||||
17 | license; or
| ||||||
18 | (3) Conviction for a first violation of:
| ||||||
19 | (i) Driving a commercial motor vehicle or, if the | ||||||
20 | driver is a CDL holder, driving a non-CMV while under | ||||||
21 | the influence of
alcohol, or any other drug, or | ||||||
22 | combination of drugs to a degree which
renders such | ||||||
23 | person incapable of safely driving; or
| ||||||
24 | (ii) Knowingly leaving the scene of an accident | ||||||
25 | while
operating a commercial motor vehicle or, if the | ||||||
26 | driver is a CDL holder, while driving a non-CMV; or
|
| |||||||
| |||||||
1 | (iii) Driving a commercial motor vehicle or, if the | ||||||
2 | driver is a CDL holder, driving a non-CMV while | ||||||
3 | committing any felony; or | ||||||
4 | (iv) Driving a commercial motor vehicle while the | ||||||
5 | person's driving privileges or driver's license or | ||||||
6 | permit is revoked, suspended, or cancelled or the | ||||||
7 | driver is disqualified from operating a commercial | ||||||
8 | motor vehicle; or | ||||||
9 | (v) Causing a fatality through the negligent | ||||||
10 | operation of a commercial motor vehicle, including but | ||||||
11 | not limited to the crimes of motor vehicle | ||||||
12 | manslaughter, homicide by a motor vehicle, and | ||||||
13 | negligent homicide. | ||||||
14 | As used in this subdivision (a)(3)(v), "motor | ||||||
15 | vehicle manslaughter" means the offense of involuntary | ||||||
16 | manslaughter if committed by means of a vehicle; | ||||||
17 | "homicide by a motor vehicle" means the offense of | ||||||
18 | first degree murder or second degree murder, if either | ||||||
19 | offense is committed by means of a vehicle; and | ||||||
20 | "negligent homicide" means reckless homicide under | ||||||
21 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 and aggravated driving under the | ||||||
23 | influence of alcohol, other drug or drugs, | ||||||
24 | intoxicating compound or compounds, or any combination | ||||||
25 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
26 | of this Code.
|
| |||||||
| |||||||
1 | If any of the above violations or refusals occurred | ||||||
2 | while
transporting hazardous material(s) required to be | ||||||
3 | placarded, the person
shall be disqualified for a period of | ||||||
4 | not less than 3 years.
| ||||||
5 | (b) A person is disqualified for life for a second | ||||||
6 | conviction of any of
the offenses specified in paragraph (a), | ||||||
7 | or any combination of those
offenses, arising from 2 or more | ||||||
8 | separate incidents.
| ||||||
9 | (c) A person is disqualified from driving a commercial | ||||||
10 | motor vehicle for
life if the person either (i) uses a | ||||||
11 | commercial motor vehicle in the commission of any felony
| ||||||
12 | involving the manufacture, distribution, or dispensing of a | ||||||
13 | controlled
substance, or possession with intent to | ||||||
14 | manufacture, distribute or dispense
a controlled substance or | ||||||
15 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
16 | commission of a felony involving any of those activities.
| ||||||
17 | (d) The Secretary of State may, when the United States | ||||||
18 | Secretary of
Transportation so authorizes, issue regulations | ||||||
19 | in which a disqualification
for life under paragraph (b) may be | ||||||
20 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
21 | driver is subsequently convicted of another disqualifying
| ||||||
22 | offense, as specified in subsection (a) of this Section, he or | ||||||
23 | she shall be
permanently disqualified for life and shall be | ||||||
24 | ineligible to again apply for a
reduction of the lifetime | ||||||
25 | disqualification.
| ||||||
26 | (e) A person is disqualified from driving a commercial |
| |||||||
| |||||||
1 | motor vehicle for
a period of not less than 2 months if | ||||||
2 | convicted of 2 serious traffic
violations, committed in a | ||||||
3 | commercial motor vehicle, non-CMV while holding a CDL, or any | ||||||
4 | combination thereof, arising from separate
incidents, | ||||||
5 | occurring within a 3 year period, provided the serious traffic | ||||||
6 | violation committed in a non-CMV would result in the suspension | ||||||
7 | or revocation of the CDL holder's non-CMV privileges. However, | ||||||
8 | a person will be
disqualified from driving a commercial motor | ||||||
9 | vehicle for a period of not less
than 4 months if convicted of | ||||||
10 | 3 serious traffic violations, committed in a
commercial motor | ||||||
11 | vehicle, non-CMV while holding a CDL, or any combination | ||||||
12 | thereof, arising from separate incidents, occurring within a 3
| ||||||
13 | year period, provided the serious traffic violation committed | ||||||
14 | in a non-CMV would result in the suspension or revocation of | ||||||
15 | the CDL holder's non-CMV privileges. If all the convictions | ||||||
16 | occurred in a non-CMV, the disqualification shall be entered | ||||||
17 | only if the convictions would result in the suspension or | ||||||
18 | revocation of the CDL holder's non-CMV privileges.
| ||||||
19 | (e-1) (Blank).
| ||||||
20 | (f) Notwithstanding any other provision of this Code, any | ||||||
21 | driver
disqualified from operating a commercial motor vehicle, | ||||||
22 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
23 | of commercial driving
privileges during any such period of | ||||||
24 | disqualification.
| ||||||
25 | (g) After suspending, revoking, or cancelling a commercial | ||||||
26 | driver's
license, the Secretary of State must update the |
| |||||||
| |||||||
1 | driver's records to reflect
such action within 10 days. After | ||||||
2 | suspending or revoking the driving privilege
of any person who | ||||||
3 | has been issued a CDL or commercial driver instruction permit
| ||||||
4 | from another jurisdiction, the Secretary shall originate | ||||||
5 | notification to
such issuing jurisdiction within 10 days.
| ||||||
6 | (h) The "disqualifications" referred to in this Section | ||||||
7 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
8 | by the Secretary of
State, unless the prohibited action(s) | ||||||
9 | occurred after March 31, 1992.
| ||||||
10 | (i) A person is disqualified from driving a commercial | ||||||
11 | motor vehicle in
accordance with the following:
| ||||||
12 | (1) For 6 months upon a first conviction of paragraph | ||||||
13 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
14 | of this Code.
| ||||||
15 | (2) For 2 years upon a second conviction of paragraph | ||||||
16 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
17 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
18 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
19 | within a 10-year period if the second conviction is a | ||||||
20 | violation of paragraph (2) of subsection (b) or subsection | ||||||
21 | (b-3).
| ||||||
22 | (3) For 3 years upon a third or subsequent conviction | ||||||
23 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
24 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
25 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
26 | within a 10-year period if the third or subsequent |
| |||||||
| |||||||
1 | conviction is a violation of paragraph (2) of subsection | ||||||
2 | (b) or subsection (b-3).
| ||||||
3 | (4) For one year upon a first conviction of paragraph | ||||||
4 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
5 | of this Code.
| ||||||
6 | (5) For 3 years upon a second conviction of paragraph | ||||||
7 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
8 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
9 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
10 | within a 10-year period if the second conviction is a | ||||||
11 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
12 | (6) For 5 years upon a third or subsequent conviction | ||||||
13 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
14 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
15 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
16 | within a 10-year period if the third or subsequent | ||||||
17 | conviction is a violation of paragraph (3) of subsection | ||||||
18 | (b) or (b-5).
| ||||||
19 | (j) Disqualification for railroad-highway grade crossing
| ||||||
20 | violation.
| ||||||
21 | (1) General rule. A driver who is convicted of a | ||||||
22 | violation of a federal,
State, or
local law or regulation | ||||||
23 | pertaining to
one of the following 6 offenses at a | ||||||
24 | railroad-highway grade crossing must be
disqualified
from | ||||||
25 | operating a commercial motor vehicle for the period of time | ||||||
26 | specified in
paragraph (2) of this subsection (j) if the |
| |||||||
| |||||||
1 | offense was committed while
operating a commercial motor | ||||||
2 | vehicle:
| ||||||
3 | (i) For drivers who are not required to always | ||||||
4 | stop, failing to
slow down and check that the tracks | ||||||
5 | are clear of an approaching train or railroad track | ||||||
6 | equipment, as
described in subsection (a-5) of Section | ||||||
7 | 11-1201 of this Code;
| ||||||
8 | (ii) For drivers who are not required to always | ||||||
9 | stop, failing to
stop before reaching the crossing, if | ||||||
10 | the tracks are not clear, as described in
subsection | ||||||
11 | (a) of Section 11-1201 of this Code;
| ||||||
12 | (iii) For drivers who are always required to stop, | ||||||
13 | failing to stop
before driving onto the crossing, as | ||||||
14 | described in Section 11-1202 of this Code;
| ||||||
15 | (iv) For all drivers, failing to have sufficient | ||||||
16 | space to drive
completely through the crossing without | ||||||
17 | stopping, as described in subsection
(b) of Section | ||||||
18 | 11-1425 of this Code;
| ||||||
19 | (v) For all drivers, failing to obey a traffic | ||||||
20 | control device or
the directions of an enforcement | ||||||
21 | official at the crossing, as described in
subdivision | ||||||
22 | (a)2 of Section 11-1201 of this Code;
| ||||||
23 | (vi) For all drivers, failing to negotiate a | ||||||
24 | crossing because of
insufficient undercarriage | ||||||
25 | clearance, as described in subsection (d-1) of
Section | ||||||
26 | 11-1201 of this Code.
|
| |||||||
| |||||||
1 | (2) Duration of disqualification for railroad-highway | ||||||
2 | grade
crossing violation.
| ||||||
3 | (i) First violation. A driver must be disqualified | ||||||
4 | from operating a
commercial motor vehicle
for not less | ||||||
5 | than 60 days if the driver is convicted of a violation | ||||||
6 | described
in paragraph
(1) of this subsection (j) and, | ||||||
7 | in the three-year period preceding the
conviction, the | ||||||
8 | driver
had no convictions for a violation described in | ||||||
9 | paragraph (1) of this
subsection (j).
| ||||||
10 | (ii) Second violation. A driver must be | ||||||
11 | disqualified from operating a
commercial
motor vehicle
| ||||||
12 | for not less
than 120 days if the driver is convicted
| ||||||
13 | of a violation described in paragraph (1) of this | ||||||
14 | subsection (j) and, in the
three-year
period preceding | ||||||
15 | the conviction, the driver had one other conviction for | ||||||
16 | a
violation
described in paragraph (1) of this | ||||||
17 | subsection (j) that was committed in a
separate
| ||||||
18 | incident.
| ||||||
19 | (iii) Third or subsequent violation. A driver must | ||||||
20 | be disqualified from
operating a
commercial motor | ||||||
21 | vehicle
for not less than one year if the driver is | ||||||
22 | convicted
of a violation described in paragraph (1) of | ||||||
23 | this subsection (j) and, in the
three-year
period | ||||||
24 | preceding the conviction, the driver had 2 or more | ||||||
25 | other convictions for
violations
described in | ||||||
26 | paragraph (1) of this subsection (j) that were |
| |||||||
| |||||||
1 | committed in
separate incidents.
| ||||||
2 | (k) Upon notification of a disqualification of a driver's | ||||||
3 | commercial motor vehicle privileges imposed by the U.S. | ||||||
4 | Department of Transportation, Federal Motor Carrier Safety | ||||||
5 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
6 | Secretary of State shall immediately record to the driving | ||||||
7 | record the notice of disqualification and confirm to the driver | ||||||
8 | the action that has been taken.
| ||||||
9 | (Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | ||||||
10 | 96-1244, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||||||
11 | (625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
| ||||||
12 | Sec. 6-708. Construction and Severability. (a) This | ||||||
13 | compact shall be liberally construed so as to effectuate the
| ||||||
14 | purposes thereof. The provisions of this compact shall be | ||||||
15 | severable and if
any phrase, clause, sentence or provision of | ||||||
16 | this compact is declared to be
contrary to the constitution of | ||||||
17 | any party state or of the United States or
the applicability | ||||||
18 | thereof to any government, agency, person or circumstance
is | ||||||
19 | held invalid, the validity of the remainder of this compact and | ||||||
20 | the
applicability thereof to any government, agency, person or | ||||||
21 | circumstance
shall not be affected thereby. If this compact | ||||||
22 | shall be held contrary to
the constitution of any state party | ||||||
23 | thereto, the compact shall remain in
full force and effect as | ||||||
24 | to the remaining states and in full force and
effect as to the | ||||||
25 | state affected as to all severable matters.
|
| |||||||
| |||||||
1 | (b) As used in the compact, the term "licensing authority" | ||||||
2 | with
reference to this state, means the Secretary of State. The | ||||||
3 | Secretary of
State shall furnish to the appropriate authorities | ||||||
4 | of any other party state
any information or documents | ||||||
5 | reasonably necessary to facilitate the
administration of | ||||||
6 | Sections 6-702, 6-703 and 6-704 of the compact.
| ||||||
7 | (c) The compact administrator provided for in Section 6-706 | ||||||
8 | of the
compact shall not be entitled to any additional | ||||||
9 | compensation on account of
his service as such administrator, | ||||||
10 | but shall be entitled to expenses
incurred in connection with | ||||||
11 | his duties and responsibilities as such
administrator, in the | ||||||
12 | same manner as for expenses incurred in connection
with any | ||||||
13 | other duties or responsibilities of his office or employment.
| ||||||
14 | (d) As used in the compact, with reference to this state, | ||||||
15 | the term
"executive head" shall mean the Governor.
| ||||||
16 | (e) The phrase "manslaughter or negligent homicide," as | ||||||
17 | used in
subparagraph (1) of paragraph (a) of Section 6-703 of | ||||||
18 | the compact includes
the offense of reckless homicide as | ||||||
19 | defined in Section 9-3 of the " Criminal
Code of 1961 or the | ||||||
20 | Criminal Code of 2012 , " as heretofore or hereafter amended, or | ||||||
21 | in any predecessor
statute, as well as the offenses of second | ||||||
22 | degree murder and involuntary
manslaughter.
| ||||||
23 | The offense described in subparagraph (2) of paragraph (a) | ||||||
24 | of Section
6-703 of the compact includes any violation of | ||||||
25 | Section 11-501 of this
Code or any similar provision of a local | ||||||
26 | ordinance.
|
| |||||||
| |||||||
1 | The offense described in subparagraph (4) of paragraph (a) | ||||||
2 | of Section
6-703 of the compact includes any violation of | ||||||
3 | paragraph (a) of Section
11-401 of this Code.
| ||||||
4 | (Source: P.A. 85-951.)
| ||||||
5 | (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
| ||||||
6 | Sec. 11-204.1. Aggravated fleeing or attempting
to elude a | ||||||
7 | peace
officer. | ||||||
8 | (a) The offense of aggravated fleeing or attempting to | ||||||
9 | elude a peace officer
is committed by any driver or operator of | ||||||
10 | a motor vehicle who flees or attempts
to elude a peace officer, | ||||||
11 | after being given a visual or audible
signal
by a peace officer | ||||||
12 | in the manner prescribed in subsection (a) of
Section
11-204 of | ||||||
13 | this Code, and such flight or attempt to elude:
| ||||||
14 | (1) is at a rate of speed at least 21 miles per hour | ||||||
15 | over the legal
speed
limit;
| ||||||
16 | (2) causes bodily injury to any individual;
| ||||||
17 | (3) causes damage in excess of $300 to property;
| ||||||
18 | (4) involves disobedience of 2 or more official traffic | ||||||
19 | control
devices; or
| ||||||
20 | (5) involves the concealing or altering of the | ||||||
21 | vehicle's registration plate. | ||||||
22 | (b) Any person convicted of a first violation of this | ||||||
23 | Section shall be
guilty of a Class 4 felony. Upon notice of | ||||||
24 | such a conviction the Secretary
of State shall forthwith revoke | ||||||
25 | the driver's license of the person so
convicted, as provided in |
| |||||||
| |||||||
1 | Section 6-205 of this Code. Any person convicted
of a second or | ||||||
2 | subsequent violation of this Section shall be guilty of a Class
| ||||||
3 | 3
felony,
and upon notice of such a conviction the Secretary of | ||||||
4 | State shall forthwith
revoke the driver's license of the person | ||||||
5 | convicted, as provided in Section
6-205 of the Code.
| ||||||
6 | (c) The motor vehicle used in a violation of this Section | ||||||
7 | is subject to
seizure and forfeiture as provided in Sections | ||||||
8 | 36-1 and 36-2 of the Criminal
Code of 2012 1961 .
| ||||||
9 | (Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13.)
| ||||||
10 | (625 ILCS 5/11-208.7) | ||||||
11 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
12 | impounding vehicles for specified violations. | ||||||
13 | (a) Any municipality may, consistent with this Section, | ||||||
14 | provide by ordinance procedures for the release of properly | ||||||
15 | impounded vehicles and for the imposition of a reasonable | ||||||
16 | administrative fee related to its administrative and | ||||||
17 | processing costs associated with the investigation, arrest, | ||||||
18 | and detention of an offender, or the removal, impoundment, | ||||||
19 | storage, and release of the vehicle. The administrative fee | ||||||
20 | imposed by the municipality may be in addition to any fees
| ||||||
21 | charged for the towing and storage of an impounded vehicle. The | ||||||
22 | administrative fee shall be waived by the municipality upon | ||||||
23 | verifiable proof that the vehicle was stolen at the time the | ||||||
24 | vehicle was impounded. | ||||||
25 | (b) Any ordinance establishing procedures for the release |
| |||||||
| |||||||
1 | of properly impounded vehicles under this Section may impose | ||||||
2 | fees for the following violations: | ||||||
3 | (1) operation or use of a motor vehicle in the | ||||||
4 | commission of, or in the attempt to commit, an offense for | ||||||
5 | which a motor vehicle may be seized and forfeited pursuant | ||||||
6 | to Section 36-1 of the Criminal Code of 2012 1961 ; or | ||||||
7 | (2) driving under the influence of alcohol, another | ||||||
8 | drug or drugs, an intoxicating compound or compounds, or | ||||||
9 | any combination thereof, in violation of Section 11-501 of | ||||||
10 | this Code; or | ||||||
11 | (3) operation or use of a motor vehicle in the | ||||||
12 | commission of, or in the attempt to commit, a felony or in | ||||||
13 | violation of the Cannabis Control Act; or | ||||||
14 | (4) operation or use of a motor vehicle in the | ||||||
15 | commission of, or in the attempt to commit, an offense in | ||||||
16 | violation of the Illinois Controlled Substances Act; or | ||||||
17 | (5) operation or use of a motor vehicle in the | ||||||
18 | commission of, or in the attempt to commit, an offense in | ||||||
19 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012 ; or | ||||||
21 | (6) driving while a driver's license, permit, or | ||||||
22 | privilege to operate a motor vehicle is suspended or | ||||||
23 | revoked pursuant to Section 6-303 of this Code; except that | ||||||
24 | vehicles shall not be subjected to seizure or impoundment | ||||||
25 | if the suspension is for an unpaid citation (parking or | ||||||
26 | moving) or due to failure to comply with emission testing; |
| |||||||
| |||||||
1 | or | ||||||
2 | (7) operation or use of a motor vehicle while | ||||||
3 | soliciting, possessing, or attempting to solicit or | ||||||
4 | possess cannabis or a controlled substance, as defined by | ||||||
5 | the Cannabis Control Act or the Illinois Controlled | ||||||
6 | Substances Act; or | ||||||
7 | (8) operation or use of a motor vehicle with an expired | ||||||
8 | driver's license, in violation of Section 6-101 of this | ||||||
9 | Code, if the period of expiration is greater than one year; | ||||||
10 | or | ||||||
11 | (9) operation or use of a motor vehicle without ever | ||||||
12 | having been issued a driver's license or permit, in | ||||||
13 | violation of Section 6-101 of this Code, or operating a | ||||||
14 | motor vehicle without ever having been issued a driver's | ||||||
15 | license or permit due to a person's age; or | ||||||
16 | (10) operation or use of a motor vehicle by a person | ||||||
17 | against whom a warrant has been issued by a circuit clerk | ||||||
18 | in Illinois for failing to answer charges that the driver | ||||||
19 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
20 | (11) operation or use of a motor vehicle in the | ||||||
21 | commission of, or in the attempt to commit, an offense in | ||||||
22 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 ; or | ||||||
24 | (12) operation or use of a motor vehicle in the | ||||||
25 | commission of, or in the attempt to commit, any other
| ||||||
26 | misdemeanor or felony offense in violation of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012 , when so provided | ||||||
2 | by
local ordinance. | ||||||
3 | (c) The following shall apply to any fees imposed for | ||||||
4 | administrative and processing costs pursuant to subsection | ||||||
5 | (b): | ||||||
6 | (1) All administrative fees and towing and storage | ||||||
7 | charges shall be imposed on the registered owner of the | ||||||
8 | motor vehicle or the agents of that owner. | ||||||
9 | (2) The fees shall be in addition to (i) any other | ||||||
10 | penalties that may be assessed by a court of law for the | ||||||
11 | underlying violations; and (ii) any towing or storage fees, | ||||||
12 | or both, charged by the towing company. | ||||||
13 | (3) The fees shall be uniform for all similarly | ||||||
14 | situated vehicles. | ||||||
15 | (4) The fees shall be collected by and paid to the | ||||||
16 | municipality imposing the fees. | ||||||
17 | (5) The towing or storage fees, or both, shall be | ||||||
18 | collected by and paid to the person, firm, or entity that | ||||||
19 | tows and stores the impounded vehicle. | ||||||
20 | (d) Any ordinance establishing procedures for the release | ||||||
21 | of properly impounded vehicles under this Section shall provide | ||||||
22 | for an opportunity for a hearing, as provided in subdivision | ||||||
23 | (b)(4) of Section 11-208.3 of this Code, and for the release of | ||||||
24 | the vehicle to the owner of record, lessee, or a lienholder of | ||||||
25 | record upon payment of all administrative fees and towing and | ||||||
26 | storage fees. |
| |||||||
| |||||||
1 | (e) Any ordinance establishing procedures for the | ||||||
2 | impoundment
and release of vehicles under this Section shall | ||||||
3 | include the following provisions concerning notice of | ||||||
4 | impoundment: | ||||||
5 | (1) Whenever
a police officer has cause to believe that | ||||||
6 | a motor vehicle is subject to impoundment, the officer
| ||||||
7 | shall provide for the towing of the vehicle to a facility | ||||||
8 | authorized by the municipality. | ||||||
9 | (2) At the
time the vehicle is towed, the municipality | ||||||
10 | shall notify or make a reasonable attempt to notify the
| ||||||
11 | owner, lessee, or person identifying himself or herself as | ||||||
12 | the owner or lessee of the vehicle, or any person
who is | ||||||
13 | found to be in control of the vehicle at the time of the | ||||||
14 | alleged offense, of the fact of the
seizure, and of the | ||||||
15 | vehicle owner's or lessee's right to an administrative | ||||||
16 | hearing. | ||||||
17 | (3) The municipality shall
also provide notice that the | ||||||
18 | motor vehicle will remain impounded pending the completion | ||||||
19 | of an
administrative hearing, unless the owner or lessee of | ||||||
20 | the vehicle or a lienholder posts with the
municipality a | ||||||
21 | bond equal to the administrative fee as provided by | ||||||
22 | ordinance and pays for all
towing and storage charges. | ||||||
23 | (f) Any ordinance establishing procedures for the | ||||||
24 | impoundment and
release of vehicles under this Section shall | ||||||
25 | include a provision providing that the
registered owner or | ||||||
26 | lessee of the vehicle and any lienholder of record shall be |
| |||||||
| |||||||
1 | provided with a
notice of hearing. The notice shall: | ||||||
2 | (1) be served upon the owner, lessee, and any | ||||||
3 | lienholder of record either by personal service or by first | ||||||
4 | class mail to the interested party's address as registered | ||||||
5 | with the Secretary of State; | ||||||
6 | (2) be served upon interested parties within 10 days | ||||||
7 | after a vehicle is impounded by the municipality; and | ||||||
8 | (3) contain the date, time, and location of the | ||||||
9 | administrative hearing. An
initial hearing shall be | ||||||
10 | scheduled and convened no later than 45 days after the date | ||||||
11 | of
the mailing of the notice of hearing. | ||||||
12 | (g) In addition to the requirements contained in
| ||||||
13 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
14 | administrative hearings, any ordinance providing for the | ||||||
15 | impoundment
and release of vehicles under this Section shall | ||||||
16 | include the following requirements concerning administrative | ||||||
17 | hearings: | ||||||
18 | (1) administrative hearings shall be conducted by a | ||||||
19 | hearing officer who is an attorney licensed to practice law | ||||||
20 | in this State for a minimum of 3 years; | ||||||
21 | (2) at the conclusion of the administrative hearing, | ||||||
22 | the hearing officer shall issue
a written decision either | ||||||
23 | sustaining or overruling the vehicle impoundment; | ||||||
24 | (3) if the basis for the vehicle
impoundment is | ||||||
25 | sustained by the administrative hearing officer, any | ||||||
26 | administrative fee posted to
secure the release of the |
| |||||||
| |||||||
1 | vehicle shall be forfeited to the municipality; | ||||||
2 | (4) all final decisions of the administrative hearing | ||||||
3 | officer shall be subject to
review under the provisions of | ||||||
4 | the Administrative Review Law; and | ||||||
5 | (5) unless the administrative hearing
officer | ||||||
6 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
7 | shall be released to the owner, lessee, or lienholder of | ||||||
8 | record until
all administrative fees and towing and storage | ||||||
9 | charges are paid. | ||||||
10 | (h) Vehicles not retrieved from the towing facility or | ||||||
11 | storage facility
within 35 days after the administrative | ||||||
12 | hearing officer issues a written decision shall be deemed | ||||||
13 | abandoned and disposed of in accordance with the provisions of | ||||||
14 | Article II of Chapter
4 of this Code. | ||||||
15 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
16 | fine, penalty, or administrative fee imposed under this
Section | ||||||
17 | which remains unpaid in whole or in part after the expiration | ||||||
18 | of the deadline for seeking judicial
review under the | ||||||
19 | Administrative Review Law may be enforced in the same manner as | ||||||
20 | a judgment entered by a court of
competent jurisdiction.
| ||||||
21 | (Source: P.A. 97-109, eff. 1-1-12.) | ||||||
22 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
23 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof.
|
| |||||||
| |||||||
1 | (a) A person shall not drive or be in actual physical | ||||||
2 | control of any vehicle within this State while: | ||||||
3 | (1) the alcohol concentration in the person's blood or | ||||||
4 | breath is 0.08 or more based on the definition of blood and | ||||||
5 | breath units in Section 11-501.2; | ||||||
6 | (2) under the influence of alcohol; | ||||||
7 | (3) under the influence of any intoxicating compound or | ||||||
8 | combination of intoxicating compounds to a degree that | ||||||
9 | renders the person incapable of driving safely; | ||||||
10 | (4) under the influence of any other drug or | ||||||
11 | combination of drugs to a degree that renders the person | ||||||
12 | incapable of safely driving; | ||||||
13 | (5) under the combined influence of alcohol, other drug | ||||||
14 | or drugs, or intoxicating compound or compounds to a degree | ||||||
15 | that renders the person incapable of safely driving; or | ||||||
16 | (6) there is any amount of a drug, substance, or | ||||||
17 | compound in the person's breath, blood, or urine resulting | ||||||
18 | from the unlawful use or consumption of cannabis listed in | ||||||
19 | the Cannabis Control Act, a controlled substance listed in | ||||||
20 | the Illinois Controlled Substances Act, an intoxicating | ||||||
21 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
22 | or methamphetamine as listed in the Methamphetamine | ||||||
23 | Control and Community Protection Act.
| ||||||
24 | (b) The fact that any person charged with violating this | ||||||
25 | Section is or has been legally entitled to use alcohol, other | ||||||
26 | drug or drugs, or intoxicating compound or compounds, or any |
| |||||||
| |||||||
1 | combination thereof, shall not constitute a defense against any | ||||||
2 | charge of violating this Section. | ||||||
3 | (c) Penalties. | ||||||
4 | (1) Except as otherwise provided in this Section, any | ||||||
5 | person convicted of violating subsection (a) of this | ||||||
6 | Section is guilty of a Class A misdemeanor. | ||||||
7 | (2) A person who violates subsection (a) or a similar | ||||||
8 | provision a second time shall be sentenced to a mandatory | ||||||
9 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
10 | of community service in addition to any other criminal or | ||||||
11 | administrative sanction. | ||||||
12 | (3) A person who violates subsection (a) is subject to | ||||||
13 | 6 months of imprisonment, an additional mandatory minimum | ||||||
14 | fine of $1,000, and 25 days of community service in a | ||||||
15 | program benefiting children if the person was transporting | ||||||
16 | a person under the age of 16 at the time of the violation. | ||||||
17 | (4) A person who violates subsection (a) a first time, | ||||||
18 | if the alcohol concentration in his or her blood, breath, | ||||||
19 | or urine was 0.16 or more based on the definition of blood, | ||||||
20 | breath, or urine units in Section 11-501.2, shall be | ||||||
21 | subject, in addition to any other penalty that may be | ||||||
22 | imposed, to a mandatory minimum of 100 hours of community | ||||||
23 | service and a mandatory minimum fine of $500. | ||||||
24 | (5) A person who violates subsection (a) a second time, | ||||||
25 | if at the time of the second violation the alcohol | ||||||
26 | concentration in his or her blood, breath, or urine was |
| |||||||
| |||||||
1 | 0.16 or more based on the definition of blood, breath, or | ||||||
2 | urine units in Section 11-501.2, shall be subject, in | ||||||
3 | addition to any other penalty that may be imposed, to a | ||||||
4 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
5 | minimum fine of $1,250. | ||||||
6 | (d) Aggravated driving under the influence of alcohol, | ||||||
7 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
8 | any combination thereof.
| ||||||
9 | (1) Every person convicted of committing a violation of | ||||||
10 | this Section shall be guilty of aggravated driving under | ||||||
11 | the influence of alcohol, other drug or drugs, or | ||||||
12 | intoxicating compound or compounds, or any combination | ||||||
13 | thereof if: | ||||||
14 | (A) the person committed a violation of subsection | ||||||
15 | (a) or a similar provision for the third or subsequent | ||||||
16 | time; | ||||||
17 | (B) the person committed a violation of subsection | ||||||
18 | (a) while driving a school bus with persons 18 years of | ||||||
19 | age or younger on board; | ||||||
20 | (C) the person in committing a violation of | ||||||
21 | subsection (a) was involved in a motor vehicle accident | ||||||
22 | that resulted in great bodily harm or permanent | ||||||
23 | disability or disfigurement to another, when the | ||||||
24 | violation was a proximate cause of the injuries; | ||||||
25 | (D) the person committed a violation of subsection | ||||||
26 | (a) and has been previously convicted of violating |
| |||||||
| |||||||
1 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 or a similar provision of a law | ||||||
3 | of another state relating to reckless homicide in which | ||||||
4 | the person was determined to have been under the | ||||||
5 | influence of alcohol, other drug or drugs, or | ||||||
6 | intoxicating compound or compounds as an element of the | ||||||
7 | offense or the person has previously been convicted | ||||||
8 | under subparagraph (C) or subparagraph (F) of this | ||||||
9 | paragraph (1); | ||||||
10 | (E) the person, in committing a violation of | ||||||
11 | subsection (a) while driving at any speed in a school | ||||||
12 | speed zone at a time when a speed limit of 20 miles per | ||||||
13 | hour was in effect under subsection (a) of Section | ||||||
14 | 11-605 of this Code, was involved in a motor vehicle | ||||||
15 | accident that resulted in bodily harm, other than great | ||||||
16 | bodily harm or permanent disability or disfigurement, | ||||||
17 | to another person, when the violation of subsection (a) | ||||||
18 | was a proximate cause of the bodily harm; | ||||||
19 | (F) the person, in committing a violation of | ||||||
20 | subsection (a), was involved in a motor vehicle, | ||||||
21 | snowmobile, all-terrain vehicle, or watercraft | ||||||
22 | accident that resulted in the death of another person, | ||||||
23 | when the violation of subsection (a) was a proximate | ||||||
24 | cause of the death; | ||||||
25 | (G) the person committed a violation of subsection | ||||||
26 | (a) during a period in which the defendant's driving |
| |||||||
| |||||||
1 | privileges are revoked or suspended, where the | ||||||
2 | revocation or suspension was for a violation of | ||||||
3 | subsection (a) or a similar provision, Section | ||||||
4 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
5 | reckless homicide as defined in Section 9-3 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
7 | (H) the person committed the violation while he or | ||||||
8 | she did not possess a driver's license or permit or a | ||||||
9 | restricted driving permit or a judicial driving permit | ||||||
10 | or a monitoring device driving permit; | ||||||
11 | (I) the person committed the violation while he or | ||||||
12 | she knew or should have known that the vehicle he or | ||||||
13 | she was driving was not covered by a liability | ||||||
14 | insurance policy; | ||||||
15 | (J) the person in committing a violation of | ||||||
16 | subsection (a) was involved in a motor vehicle accident | ||||||
17 | that resulted in bodily harm, but not great bodily | ||||||
18 | harm, to the child under the age of 16 being | ||||||
19 | transported by the person, if the violation was the | ||||||
20 | proximate cause of the injury; or | ||||||
21 | (K) the person in committing a second violation of | ||||||
22 | subsection (a) or a similar provision was transporting | ||||||
23 | a person under the age of 16. | ||||||
24 | (2)(A) Except as provided otherwise, a person | ||||||
25 | convicted of aggravated driving under the influence of | ||||||
26 | alcohol, other drug or drugs, or intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or any combination thereof is guilty of a Class | ||||||
2 | 4 felony. | ||||||
3 | (B) A third violation of this Section or a similar | ||||||
4 | provision is a Class 2 felony. If at the time of the third | ||||||
5 | violation the alcohol concentration in his or her blood, | ||||||
6 | breath, or urine was 0.16 or more based on the definition | ||||||
7 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
8 | mandatory minimum of 90 days of imprisonment and a | ||||||
9 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
10 | addition to any other criminal or administrative sanction. | ||||||
11 | If at the time of the third violation, the defendant was | ||||||
12 | transporting a person under the age of 16, a mandatory fine | ||||||
13 | of $25,000 and 25 days of community service in a program | ||||||
14 | benefiting children shall be imposed in addition to any | ||||||
15 | other criminal or administrative sanction. | ||||||
16 | (C) A fourth violation of this Section or a similar | ||||||
17 | provision is a Class 2 felony, for which a sentence of | ||||||
18 | probation or conditional discharge may not be imposed. If | ||||||
19 | at the time of the violation, the alcohol concentration in | ||||||
20 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
21 | based on the definition of blood, breath, or urine units in | ||||||
22 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
23 | be imposed in addition to any other criminal or | ||||||
24 | administrative sanction. If at the time of the fourth | ||||||
25 | violation, the defendant was transporting a person under | ||||||
26 | the age of 16 a mandatory fine of $25,000 and 25 days of |
| |||||||
| |||||||
1 | community service in a program benefiting children shall be | ||||||
2 | imposed in addition to any other criminal or administrative | ||||||
3 | sanction. | ||||||
4 | (D) A fifth violation of this Section or a similar | ||||||
5 | provision is a Class 1 felony, for which a sentence of | ||||||
6 | probation or conditional discharge may not be imposed. If | ||||||
7 | at the time of the violation, the alcohol concentration in | ||||||
8 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
9 | based on the definition of blood, breath, or urine units in | ||||||
10 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
11 | be imposed in addition to any other criminal or | ||||||
12 | administrative sanction. If at the time of the fifth | ||||||
13 | violation, the defendant was transporting a person under | ||||||
14 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
15 | community service in a program benefiting children shall be | ||||||
16 | imposed in addition to any other criminal or administrative | ||||||
17 | sanction. | ||||||
18 | (E) A sixth or subsequent violation of this Section or | ||||||
19 | similar provision is a Class X felony. If at the time of | ||||||
20 | the violation, the alcohol concentration in the | ||||||
21 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
22 | on the definition of blood, breath, or urine units in | ||||||
23 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
24 | be imposed in addition to any other criminal or | ||||||
25 | administrative sanction. If at the time of the violation, | ||||||
26 | the defendant was transporting a person under the age of |
| |||||||
| |||||||
1 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
2 | service in a program benefiting children shall be imposed | ||||||
3 | in addition to any other criminal or administrative | ||||||
4 | sanction. | ||||||
5 | (F) For a violation of subparagraph (C) of paragraph | ||||||
6 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
7 | a term of imprisonment, shall be sentenced to not less than | ||||||
8 | one year nor more than 12 years. | ||||||
9 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
10 | this subsection (d) is a Class 2 felony, for which the | ||||||
11 | defendant, unless the court determines that extraordinary | ||||||
12 | circumstances exist and require probation, shall be | ||||||
13 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
14 | years and not more than 14 years if the violation resulted | ||||||
15 | in the death of one person; or (ii) a term of imprisonment | ||||||
16 | of not less than 6 years and not more than 28 years if the | ||||||
17 | violation resulted in the deaths of 2 or more persons. | ||||||
18 | (H) For a violation of subparagraph (J) of paragraph | ||||||
19 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
20 | 25 days of community service in a program benefiting | ||||||
21 | children shall be imposed in addition to any other criminal | ||||||
22 | or administrative sanction. | ||||||
23 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
24 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
25 | fine of $2,500, and 25 days of community service in a | ||||||
26 | program benefiting children shall be imposed in addition to |
| |||||||
| |||||||
1 | any other criminal or administrative sanction. If the child | ||||||
2 | being transported suffered bodily harm, but not great | ||||||
3 | bodily harm, in a motor vehicle accident, and the violation | ||||||
4 | was the proximate cause of that injury, a mandatory fine of | ||||||
5 | $5,000 and 25 days of community service in a program | ||||||
6 | benefiting children shall be imposed in addition to any | ||||||
7 | other criminal or administrative sanction. | ||||||
8 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
9 | this subsection (d) is a Class 3 felony, for which a | ||||||
10 | sentence of probation or conditional discharge may not be | ||||||
11 | imposed. | ||||||
12 | (3) Any person sentenced under this subsection (d) who | ||||||
13 | receives a term of probation or conditional discharge must | ||||||
14 | serve a minimum term of either 480 hours of community | ||||||
15 | service or 10 days of imprisonment as a condition of the | ||||||
16 | probation or conditional discharge in addition to any other | ||||||
17 | criminal or administrative sanction. | ||||||
18 | (e) Any reference to a prior violation of subsection (a) or | ||||||
19 | a similar provision includes any violation of a provision of a | ||||||
20 | local ordinance or a provision of a law of another state or an | ||||||
21 | offense committed on a military installation that is similar to | ||||||
22 | a violation of subsection (a) of this Section. | ||||||
23 | (f) The imposition of a mandatory term of imprisonment or | ||||||
24 | assignment of community service for a violation of this Section | ||||||
25 | shall not be suspended or reduced by the court. | ||||||
26 | (g) Any penalty imposed for driving with a license that has |
| |||||||
| |||||||
1 | been revoked for a previous violation of subsection (a) of this | ||||||
2 | Section shall be in addition to the penalty imposed for any | ||||||
3 | subsequent violation of subsection (a). | ||||||
4 | (h) For any prosecution under this Section, a certified | ||||||
5 | copy of the driving abstract of the defendant shall be admitted | ||||||
6 | as proof of any prior conviction.
| ||||||
7 | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | ||||||
8 | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | ||||||
9 | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
| ||||||
10 | (625 ILCS 5/11-501.1)
| ||||||
11 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
12 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
13 | or
compounds related suspension or revocation; implied | ||||||
14 | consent. | ||||||
15 | (a) Any person who drives or is in actual physical control | ||||||
16 | of a motor
vehicle upon the public highways of this State shall | ||||||
17 | be deemed to have given
consent, subject to the provisions of | ||||||
18 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
19 | or urine for the purpose of determining the content of
alcohol, | ||||||
20 | other drug or drugs, or intoxicating compound or compounds or
| ||||||
21 | any combination thereof in the person's blood if arrested,
as | ||||||
22 | evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||||
23 | offense
as defined in Section 11-501 or a similar provision of | ||||||
24 | a local ordinance, or if arrested for violating Section 11-401.
| ||||||
25 | If a law enforcement officer has probable cause to believe the |
| |||||||
| |||||||
1 | person was under the influence of alcohol, other drug or drugs, | ||||||
2 | intoxicating compound or compounds, or any combination | ||||||
3 | thereof, the law enforcement officer shall request a chemical | ||||||
4 | test or tests which shall be administered at the direction of | ||||||
5 | the arresting
officer. The law enforcement agency employing the | ||||||
6 | officer shall designate which
of the aforesaid tests shall be | ||||||
7 | administered. A urine test may be administered
even after a | ||||||
8 | blood or breath test or both has
been administered. For | ||||||
9 | purposes of this Section, an Illinois law
enforcement officer | ||||||
10 | of this State who is investigating the person for any
offense | ||||||
11 | defined in Section 11-501 may travel into an adjoining state, | ||||||
12 | where
the person has been transported for medical care, to | ||||||
13 | complete an
investigation and to request that the person submit | ||||||
14 | to the test or tests
set forth in this Section. The | ||||||
15 | requirements of this Section that the
person be arrested are | ||||||
16 | inapplicable, but the officer shall issue the person
a Uniform | ||||||
17 | Traffic Ticket for an offense as defined in Section 11-501 or a
| ||||||
18 | similar provision of a local ordinance prior to requesting that | ||||||
19 | the person
submit to the test or tests. The issuance of the | ||||||
20 | Uniform Traffic Ticket
shall not constitute an arrest, but | ||||||
21 | shall be for the purpose of notifying
the person that he or she | ||||||
22 | is subject to the provisions of this Section and
of the | ||||||
23 | officer's belief of the existence of probable cause to
arrest. | ||||||
24 | Upon returning to this State, the officer shall file the | ||||||
25 | Uniform
Traffic Ticket with the Circuit Clerk of the county | ||||||
26 | where the offense was
committed, and shall seek the issuance of |
| |||||||
| |||||||
1 | an arrest warrant or a summons
for the person. | ||||||
2 | (b) Any person who is dead, unconscious, or who is | ||||||
3 | otherwise in a condition
rendering the person incapable of | ||||||
4 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
5 | provided by paragraph (a) of this Section and the test or
tests | ||||||
6 | may be administered, subject to the provisions of Section | ||||||
7 | 11-501.2. | ||||||
8 | (c) A person requested to submit to a test as provided | ||||||
9 | above shall
be warned by the law enforcement officer requesting | ||||||
10 | the test that a
refusal to submit to the test will result in | ||||||
11 | the statutory summary
suspension of the person's privilege to | ||||||
12 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
13 | Code, and will also result in the disqualification of the | ||||||
14 | person's privilege to operate a commercial motor vehicle, as | ||||||
15 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
16 | holder. The person shall also be warned that a refusal to | ||||||
17 | submit to the test, when the person was involved in a motor | ||||||
18 | vehicle accident that caused personal injury or death to | ||||||
19 | another, will result in the statutory summary revocation of the | ||||||
20 | person's privilege to operate a motor vehicle, as provided in | ||||||
21 | Section 6-208.1, and will also result in the disqualification | ||||||
22 | of the person's privilege to operate a commercial motor | ||||||
23 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
24 | person is a CDL holder. The person shall also be warned by the | ||||||
25 | law
enforcement officer that if the person submits to the test | ||||||
26 | or tests
provided in paragraph (a) of this Section and the |
| |||||||
| |||||||
1 | alcohol concentration in
the person's blood or breath is 0.08 | ||||||
2 | or greater, or any amount of
a
drug, substance, or compound | ||||||
3 | resulting from the unlawful use or consumption
of cannabis as | ||||||
4 | covered by the Cannabis Control Act, a controlled
substance
| ||||||
5 | listed in the Illinois Controlled Substances Act, an | ||||||
6 | intoxicating compound
listed in the Use of Intoxicating | ||||||
7 | Compounds Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act is | ||||||
9 | detected in the person's
blood or urine, a statutory summary | ||||||
10 | suspension of the person's privilege to
operate a motor | ||||||
11 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||||||
12 | Code, and a disqualification of
the person's privilege to | ||||||
13 | operate a commercial motor vehicle, as provided in Section | ||||||
14 | 6-514 of this Code, if the person is a CDL holder, will be | ||||||
15 | imposed. | ||||||
16 | A person who is under the age of 21 at the time the person | ||||||
17 | is requested to
submit to a test as provided above shall, in | ||||||
18 | addition to the warnings provided
for in this Section, be | ||||||
19 | further warned by the law enforcement officer
requesting the | ||||||
20 | test that if the person submits to the test or tests provided | ||||||
21 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
22 | in the person's
blood or breath is greater than 0.00 and less | ||||||
23 | than 0.08, a
suspension of the
person's privilege to operate a | ||||||
24 | motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||||||
25 | of this Code, will be imposed. The results of this test
shall | ||||||
26 | be admissible in a civil or criminal action or proceeding |
| |||||||
| |||||||
1 | arising from an
arrest for an offense as defined in Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
3 | or pursuant to Section 11-501.4 in prosecutions
for reckless | ||||||
4 | homicide brought under the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 . These test
results, however, shall be | ||||||
6 | admissible only in actions or proceedings directly
related to | ||||||
7 | the incident upon which the test request was made. | ||||||
8 | (d) If the person refuses testing or submits to a test that | ||||||
9 | discloses
an alcohol concentration of 0.08 or more, or any | ||||||
10 | amount of a drug,
substance, or intoxicating compound in the | ||||||
11 | person's breath, blood,
or urine resulting from the
unlawful | ||||||
12 | use or consumption of cannabis listed in the Cannabis Control | ||||||
13 | Act, a controlled substance listed in the Illinois Controlled | ||||||
14 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
15 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
16 | Methamphetamine Control and Community Protection Act, the law | ||||||
17 | enforcement officer shall immediately submit a sworn report to
| ||||||
18 | the
circuit court of venue and the Secretary of State, | ||||||
19 | certifying that the test or
tests was or were requested under | ||||||
20 | paragraph (a) and the person refused to
submit to a test, or | ||||||
21 | tests, or submitted to testing that disclosed an alcohol
| ||||||
22 | concentration of 0.08 or more. | ||||||
23 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
24 | officer
submitted under paragraph (d), the Secretary of State | ||||||
25 | shall enter the
statutory summary suspension or revocation and | ||||||
26 | disqualification for the periods specified in Sections
6-208.1 |
| |||||||
| |||||||
1 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
2 | (g). | ||||||
3 | If the person is a first offender as defined in Section | ||||||
4 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
5 | Section 11-501
of this Code or a similar provision of a local | ||||||
6 | ordinance, then reports
received by the Secretary of State | ||||||
7 | under this Section shall, except during
the actual time the | ||||||
8 | Statutory Summary Suspension is in effect, be
privileged | ||||||
9 | information and for use only by the courts, police officers,
| ||||||
10 | prosecuting authorities or the Secretary of State, unless the | ||||||
11 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
12 | or vehicle required to be placarded for hazardous materials, in | ||||||
13 | which case the suspension shall not be privileged. Reports | ||||||
14 | received by the Secretary of State under this Section shall | ||||||
15 | also be made available to the parent or guardian of a person | ||||||
16 | under the age of 18 years that holds an instruction permit or a | ||||||
17 | graduated driver's license, regardless of whether the | ||||||
18 | statutory summary suspension is in effect. A statutory summary | ||||||
19 | revocation shall not be privileged information. | ||||||
20 | (f) The law enforcement officer submitting the sworn report | ||||||
21 | under paragraph
(d) shall serve immediate notice of the | ||||||
22 | statutory summary suspension or revocation on the
person and | ||||||
23 | the suspension or revocation and disqualification shall be | ||||||
24 | effective as provided in paragraph (g). In
cases where the | ||||||
25 | blood alcohol concentration of 0.08 or greater or
any amount of
| ||||||
26 | a drug, substance, or compound resulting from the unlawful use |
| |||||||
| |||||||
1 | or consumption
of cannabis as covered by the Cannabis Control | ||||||
2 | Act, a controlled
substance
listed in the Illinois Controlled | ||||||
3 | Substances Act,
an intoxicating compound
listed in the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act is | ||||||
6 | established by a
subsequent
analysis of blood or urine | ||||||
7 | collected at the time of arrest, the arresting
officer or | ||||||
8 | arresting agency shall give notice as provided in this Section | ||||||
9 | or by
deposit in the United States mail of the notice in an | ||||||
10 | envelope with postage
prepaid and addressed to the person at | ||||||
11 | his address as shown on the Uniform
Traffic Ticket and the | ||||||
12 | statutory summary suspension and disqualification shall begin | ||||||
13 | as provided in
paragraph (g). The officer shall confiscate any | ||||||
14 | Illinois driver's license or
permit on the person at the time | ||||||
15 | of arrest. If the person has a valid driver's
license or | ||||||
16 | permit, the officer shall issue the person a receipt, in
a form | ||||||
17 | prescribed by the Secretary of State, that will allow that | ||||||
18 | person
to drive during the periods provided for in paragraph | ||||||
19 | (g). The officer
shall immediately forward the driver's license | ||||||
20 | or permit to the circuit
court of venue along with the sworn | ||||||
21 | report provided for in
paragraph (d). | ||||||
22 | (g) The statutory summary suspension or revocation and | ||||||
23 | disqualification
referred to in this Section shall
take effect | ||||||
24 | on the 46th day following the date the notice of the statutory
| ||||||
25 | summary suspension or revocation was given to the person. | ||||||
26 | (h) The following procedure shall apply
whenever a person |
| |||||||
| |||||||
1 | is arrested for any offense as defined in Section 11-501
or a | ||||||
2 | similar provision of a local ordinance: | ||||||
3 | Upon receipt of the sworn report from the law enforcement | ||||||
4 | officer,
the Secretary of State shall confirm the statutory | ||||||
5 | summary suspension or revocation by
mailing a notice of the | ||||||
6 | effective date of the suspension or revocation to the person | ||||||
7 | and
the court of venue. The Secretary of State shall also mail | ||||||
8 | notice of the effective date of the disqualification to the | ||||||
9 | person. However, should the sworn report be defective by not
| ||||||
10 | containing sufficient information or be completed in error, the
| ||||||
11 | confirmation of the statutory summary suspension or revocation | ||||||
12 | shall not be mailed to the
person or entered to the record; | ||||||
13 | instead, the sworn report shall
be
forwarded to the court of | ||||||
14 | venue with a copy returned to the issuing agency
identifying | ||||||
15 | any defect. | ||||||
16 | (i) As used in this Section, "personal injury" includes any | ||||||
17 | Type A injury as indicated on the traffic accident report | ||||||
18 | completed by a law enforcement officer that requires immediate | ||||||
19 | professional attention in either a doctor's office or a medical | ||||||
20 | facility. A Type A injury includes severely bleeding wounds, | ||||||
21 | distorted extremities, and injuries that require the injured | ||||||
22 | party to be carried from the scene. | ||||||
23 | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||||||
24 | 97-333, eff. 8-12-11; 97-471, eff. 8-22-11.)
| ||||||
25 | (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
|
| |||||||
| |||||||
1 | Sec. 11-501.4.
Admissibility of chemical tests of blood or | ||||||
2 | urine conducted in
the regular course of providing emergency | ||||||
3 | medical treatment.
| ||||||
4 | (a) Notwithstanding any other provision of law, the results | ||||||
5 | of
blood or urine tests performed for the purpose of | ||||||
6 | determining the content of alcohol,
other drug or drugs, or | ||||||
7 | intoxicating compound or compounds, or any
combination | ||||||
8 | thereof, of an individual's blood or urine conducted upon | ||||||
9 | persons
receiving
medical treatment in a hospital emergency | ||||||
10 | room are admissible in evidence as a
business record exception | ||||||
11 | to the hearsay rule only in prosecutions for any
violation of | ||||||
12 | Section 11-501 of this Code or a similar provision of a local
| ||||||
13 | ordinance, or in prosecutions for reckless homicide brought | ||||||
14 | under the Criminal
Code of 1961 or the Criminal Code of 2012 , | ||||||
15 | when each of the following criteria are met:
| ||||||
16 | (1) the chemical tests performed upon an individual's | ||||||
17 | blood or urine were ordered
in the
regular course of | ||||||
18 | providing emergency medical treatment and not at the
| ||||||
19 | request of law enforcement authorities;
| ||||||
20 | (2) the chemical tests performed upon an individual's | ||||||
21 | blood or urine were performed
by the laboratory routinely | ||||||
22 | used by the hospital; and
| ||||||
23 | (3) results of chemical tests performed upon an | ||||||
24 | individual's blood or urine are
admissible into evidence | ||||||
25 | regardless of the time that the records were
prepared.
| ||||||
26 | (b) The confidentiality provisions of law pertaining to |
| |||||||
| |||||||
1 | medical records
and medical treatment shall not be applicable | ||||||
2 | with regard to chemical tests
performed upon an individual's | ||||||
3 | blood or urine under the provisions of this Section in
| ||||||
4 | prosecutions as specified in subsection (a) of this Section. No | ||||||
5 | person shall
be liable for civil damages as a result of the | ||||||
6 | evidentiary use of chemical
testing of an individual's blood or | ||||||
7 | urine test results under this Section, or as a
result of that | ||||||
8 | person's testimony made available under this Section.
| ||||||
9 | (Source: P.A. 96-289, eff. 8-11-09.)
| ||||||
10 | (625 ILCS 5/11-501.4-1)
| ||||||
11 | Sec. 11-501.4-1.
Reporting of test results of blood or | ||||||
12 | urine conducted in
the regular course of providing emergency | ||||||
13 | medical treatment.
| ||||||
14 | (a) Notwithstanding any other provision of law, the results | ||||||
15 | of blood or
urine
tests performed for the purpose of | ||||||
16 | determining the content of alcohol, other
drug or drugs, or | ||||||
17 | intoxicating compound or compounds, or any combination
| ||||||
18 | thereof, in an individual's blood or urine conducted upon | ||||||
19 | persons
receiving medical treatment in a hospital emergency | ||||||
20 | room for injuries resulting
from a motor vehicle accident shall | ||||||
21 | be disclosed
to the Department
of State Police
or local law | ||||||
22 | enforcement agencies of jurisdiction, upon request.
Such blood | ||||||
23 | or urine tests are admissible in evidence as a business record
| ||||||
24 | exception to the hearsay rule only in prosecutions for any | ||||||
25 | violation of Section
11-501 of this Code or a similar provision |
| |||||||
| |||||||
1 | of a local ordinance, or in
prosecutions for reckless homicide | ||||||
2 | brought under the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012 .
| ||||||
4 | (b) The confidentiality provisions of law pertaining to | ||||||
5 | medical records and
medical treatment shall not be applicable | ||||||
6 | with regard to tests performed upon
an
individual's blood or | ||||||
7 | urine under the provisions of subsection (a) of this
Section. | ||||||
8 | No person shall be liable for civil damages or professional | ||||||
9 | discipline
as a result of the disclosure or reporting of the | ||||||
10 | tests or the evidentiary
use of an
individual's blood or urine | ||||||
11 | test results under this Section or Section 11-501.4
or as a | ||||||
12 | result of that person's testimony made available under this | ||||||
13 | Section or
Section 11-501.4, except for willful or wanton | ||||||
14 | misconduct.
| ||||||
15 | (Source: P.A. 90-779, eff. 1-1-99; 91-125, eff. 1-1-00.)
| ||||||
16 | (625 ILCS 5/12-612)
| ||||||
17 | Sec. 12-612. False or secret compartment in a vehicle.
| ||||||
18 | (a) Offenses. It is unlawful for any person: | ||||||
19 | (1) to own or operate with criminal intent any
vehicle | ||||||
20 | he or
she knows to contain a false or secret compartment | ||||||
21 | that is used or has been used to conceal a firearm as | ||||||
22 | prohibited by paragraph (a)(4) of Section 24-1 or paragraph | ||||||
23 | (a)(1) of Section 24-1.6 of the Criminal Code of 2012 1961 , | ||||||
24 | or controlled substance as prohibited by the Illinois | ||||||
25 | Controlled Substances Act or the Methamphetamine Control |
| |||||||
| |||||||
1 | and Community Protection Act; or | ||||||
2 | (2) to install, create, build, or fabricate in any | ||||||
3 | vehicle a false
or secret compartment knowing that another | ||||||
4 | person intends to use the compartment to conceal a firearm | ||||||
5 | as prohibited by paragraph (a)(4) of Section 24-1 of the | ||||||
6 | Criminal Code of 2012 1961 , or controlled substance as | ||||||
7 | prohibited by the Illinois Controlled Substances Act or the | ||||||
8 | Methamphetamine Control and Community Protection Act.
| ||||||
9 | (b) Definitions. For purposes of this Section: | ||||||
10 | (1) "False or secret
compartment" means an enclosure | ||||||
11 | integrated into a vehicle that is a modification of the | ||||||
12 | vehicle as built by the original manufacturer. | ||||||
13 | (2) "Vehicle" means any of the following vehicles | ||||||
14 | without regard to whether the vehicles are private or | ||||||
15 | commercial, including, but not limited to, cars, trucks, | ||||||
16 | buses, aircraft, and watercraft.
| ||||||
17 | (c) Forfeiture. Any vehicle containing a false or secret | ||||||
18 | compartment used in violation of this Section,
as well as any | ||||||
19 | items within that compartment, shall be subject to seizure by
| ||||||
20 | the Department of State Police or by any municipal or other | ||||||
21 | local law
enforcement agency within whose jurisdiction that | ||||||
22 | property is found as provided
in Sections 36-1 and 36-2 of the | ||||||
23 | Criminal Code of 2012 1961 (720 ILCS 5/36-1 and
5/36-2). The | ||||||
24 | removal of the false or secret compartment from the
vehicle, or | ||||||
25 | the promise to do so, shall not be the basis for a defense to
| ||||||
26 | forfeiture of the motor vehicle under Section 36-2 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012 1961
and shall not be the basis for the | ||||||
2 | court to release the vehicle to the owner.
| ||||||
3 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
4 | felony. The sentence imposed for violation of this Section | ||||||
5 | shall be served consecutively to any other sentence imposed in | ||||||
6 | connection with the firearm, controlled substance, or other | ||||||
7 | contraband concealed in the false or secret compartment. | ||||||
8 | (e) For purposes of this Section, a new owner is not | ||||||
9 | responsible for any conduct that occurred or knowledge of | ||||||
10 | conduct that occurred prior to transfer of title.
| ||||||
11 | (Source: P.A. 96-202, eff. 1-1-10.)
| ||||||
12 | (625 ILCS 5/16-108)
| ||||||
13 | Sec. 16-108. Claims of diplomatic immunity.
| ||||||
14 | (a) This Section applies only to an individual that | ||||||
15 | displays to a police
officer a
driver's license issued by the | ||||||
16 | U.S. Department of State or that otherwise
claims
immunities or | ||||||
17 | privileges under Title 22, Chapter 6 of the United States Code
| ||||||
18 | with
respect to the individual's violation of Section 9-3 or | ||||||
19 | Section 9-3.2 of the
Criminal Code
of 2012 1961 or his or her | ||||||
20 | violation of a traffic regulation governing the movement
of | ||||||
21 | vehicles
under this Code or a similar provision of a local | ||||||
22 | ordinance.
| ||||||
23 | (b) If a driver subject to this Section is stopped by a | ||||||
24 | police officer that
has
probable cause to believe that the | ||||||
25 | driver has committed a violation described
in
subsection (a) of |
| |||||||
| |||||||
1 | this Section, the police officer shall:
| ||||||
2 | (1) as soon as practicable contact the U.S. Department | ||||||
3 | of State office in
order to verify the driver's status and | ||||||
4 | immunity, if any;
| ||||||
5 | (2) record all relevant information from any driver's | ||||||
6 | license or
identification card, including a driver's | ||||||
7 | license or identification card issued
by the
U.S. | ||||||
8 | Department of State; and
| ||||||
9 | (3) within 5 workdays after the date of the stop, | ||||||
10 | forward the following to
the Secretary of State of | ||||||
11 | Illinois:
| ||||||
12 | (A) a vehicle accident report, if the driver was | ||||||
13 | involved in a vehicle
accident;
| ||||||
14 | (B) if a citation or charge was issued to the | ||||||
15 | driver, a copy of the
citation or charge; and
| ||||||
16 | (C) if a citation or charge was not issued to the | ||||||
17 | driver, a written
report of the incident.
| ||||||
18 | (c) Upon receiving material submitted under paragraph (3) | ||||||
19 | of subsection (b)
of
this Section, the Secretary of State | ||||||
20 | shall:
| ||||||
21 | (1) file each vehicle accident report, citation or | ||||||
22 | charge, and incident
report
received;
| ||||||
23 | (2) keep convenient records or make suitable notations | ||||||
24 | showing each:
| ||||||
25 | (A) conviction;
| ||||||
26 | (B) disposition of court supervision for any |
| |||||||
| |||||||
1 | violation of Section 11-501
of this Code; and
| ||||||
2 | (C) vehicle accident; and
| ||||||
3 | (3) send a copy of each document and record described | ||||||
4 | in paragraph (2) of
this subsection (c) to the Bureau of | ||||||
5 | Diplomatic Security, Office of Foreign
Missions, of the | ||||||
6 | U.S. Department of State.
| ||||||
7 | (d) This Section does not prohibit or limit the application | ||||||
8 | of any law to a
criminal
or motor vehicle violation by an | ||||||
9 | individual who has or claims immunities or
privileges
under | ||||||
10 | Title 22, Chapter 6 of the United States Code.
| ||||||
11 | (Source: P.A. 92-160, eff. 7-25-01.)
| ||||||
12 | Section 580. The Snowmobile Registration and Safety Act is | ||||||
13 | amended by changing Sections 5-7.4 and 5-7.6 as follows:
| ||||||
14 | (625 ILCS 40/5-7.4)
| ||||||
15 | Sec. 5-7.4.
Admissibility of chemical tests of blood or | ||||||
16 | urine conducted in the
regular course of providing emergency | ||||||
17 | medical treatment.
| ||||||
18 | (a) Notwithstanding any other provision of law, the results | ||||||
19 | of
blood or urine tests performed for the purpose of | ||||||
20 | determining the content of
alcohol, other drug or drugs, | ||||||
21 | intoxicating compound or compounds, or any
combination of them | ||||||
22 | in an individual's blood or urine conducted upon persons | ||||||
23 | receiving
medical treatment in a
hospital
emergency room, are | ||||||
24 | admissible in evidence as a business record exception
to the
|
| |||||||
| |||||||
1 | hearsay rule only in prosecutions for a violation of Section | ||||||
2 | 5-7 of this
Act or a similar provision of a local ordinance or | ||||||
3 | in prosecutions for reckless
homicide brought under the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
5 | The results of the tests are admissible only when
each of | ||||||
6 | the following criteria are met:
| ||||||
7 | 1. The chemical tests performed upon an individual's | ||||||
8 | blood or urine were
ordered
in the
regular course of | ||||||
9 | providing emergency treatment and not at the request of law
| ||||||
10 | enforcement authorities; and
| ||||||
11 | 2. The chemical tests performed upon an individual's | ||||||
12 | blood or urine were
performed by the
laboratory routinely | ||||||
13 | used by the hospital.
| ||||||
14 | 3. (Blank).
| ||||||
15 | Results of chemical tests performed upon an individual's | ||||||
16 | blood or urine
are
admissible into evidence regardless of the | ||||||
17 | time that the records were
prepared.
| ||||||
18 | (b) The confidentiality provisions of law pertaining to | ||||||
19 | medical records and
medical treatment are not applicable with | ||||||
20 | regard to chemical tests
performed upon a person's blood or | ||||||
21 | urine under the provisions of this
Section in prosecutions as | ||||||
22 | specified in
subsection (a) of this Section. No person
shall be | ||||||
23 | liable for civil damages as
a result of the evidentiary use of | ||||||
24 | the results of chemical testing of the
individual's blood or | ||||||
25 | urine under this
Section or as a result of that person's | ||||||
26 | testimony made available under this
Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-289, eff. 8-11-09.)
| ||||||
2 | (625 ILCS 40/5-7.6)
| ||||||
3 | Sec. 5-7.6.
Reporting of test results of blood or urine | ||||||
4 | conducted in the
regular course of providing emergency medical | ||||||
5 | treatment.
| ||||||
6 | (a) Notwithstanding any other provision of law, the results | ||||||
7 | of blood or
urine tests performed for the purpose of | ||||||
8 | determining the content of alcohol,
other drug or drugs, | ||||||
9 | intoxicating compound or compounds, or any combination
of them | ||||||
10 | in an individual's blood or
urine, conducted upon persons | ||||||
11 | receiving medical treatment in a hospital
emergency room for | ||||||
12 | injuries resulting from a snowmobile accident, shall be
| ||||||
13 | disclosed to the Department of Natural Resources, or local law | ||||||
14 | enforcement
agencies of jurisdiction, upon request. The blood | ||||||
15 | or urine tests are
admissible in evidence as a business record | ||||||
16 | exception to the hearsay rule only
in prosecutions for | ||||||
17 | violations of Section 5-7 of this Code or a similar
provision | ||||||
18 | of a local ordinance, or in prosecutions for reckless homicide
| ||||||
19 | brought under the Criminal Code of
1961 or the Criminal Code of | ||||||
20 | 2012 .
| ||||||
21 | (b) The confidentiality provisions of the law pertaining to | ||||||
22 | medical records
and medical treatment shall not be applicable | ||||||
23 | with regard to tests performed
upon an individual's blood or | ||||||
24 | urine under the provisions of subsection (a) of
this Section. | ||||||
25 | No person shall
be liable for civil damages or professional |
| |||||||
| |||||||
1 | discipline as a result of
disclosure or reporting of the tests | ||||||
2 | or the evidentiary use of an individual's
blood or urine test | ||||||
3 | results under this Section or Section 5-7.4 or as a result
of | ||||||
4 | that person's testimony made available under this Section or | ||||||
5 | Section 5-7.4,
except for willful or wanton misconduct.
| ||||||
6 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
7 | Section 585. The Boat Registration and Safety Act is | ||||||
8 | amended by changing Sections 5-16a and 5-16a.1 as follows:
| ||||||
9 | (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| ||||||
10 | Sec. 5-16a.
Admissibility of chemical tests of blood or | ||||||
11 | urine conducted in the regular course of providing emergency | ||||||
12 | medical
treatment.
| ||||||
13 | (a) Notwithstanding any other provision of law, the written | ||||||
14 | results of
blood or urine alcohol tests conducted upon persons | ||||||
15 | receiving medical treatment in a
hospital emergency room are | ||||||
16 | admissible in evidence as a business record
exception to the | ||||||
17 | hearsay rule only in prosecutions for any violation of
Section | ||||||
18 | 5-16 of this Act or a similar provision of a local
ordinance or | ||||||
19 | in prosecutions for reckless homicide brought under the | ||||||
20 | Criminal
Code of 1961 or the Criminal Code of 2012 , when:
| ||||||
21 | (1) the chemical tests performed upon an individual's | ||||||
22 | blood or urine were ordered
in the regular course of | ||||||
23 | providing emergency treatment and not at the request
of law | ||||||
24 | enforcement authorities; and
|
| |||||||
| |||||||
1 | (2) the chemical tests performed upon an individual's | ||||||
2 | blood or urine
were performed by the laboratory routinely | ||||||
3 | used by the hospital.
| ||||||
4 | Results of
chemical tests performed upon an individual's | ||||||
5 | blood or urine are admissible into
evidence regardless of the | ||||||
6 | time that the records were prepared.
| ||||||
7 | (b) The confidentiality provisions of law pertaining to | ||||||
8 | medical records
and medical treatment shall not be applicable | ||||||
9 | with regard to chemical
tests performed upon an individual's | ||||||
10 | blood or urine under the provisions of
this Section in | ||||||
11 | prosecutions as
specified in subsection (a) of this Section. No | ||||||
12 | person shall be liable for
civil damages as a result of the | ||||||
13 | evidentiary use of the results of chemical
testing of an | ||||||
14 | individual's blood or urine under this Section or as a result | ||||||
15 | of that person's testimony made
available under this Section.
| ||||||
16 | (Source: P.A. 96-289, eff. 8-11-09.)
| ||||||
17 | (625 ILCS 45/5-16a.1)
| ||||||
18 | Sec. 5-16a.1.
Reporting of test results of blood or urine | ||||||
19 | conducted in the
regular course of
providing emergency medical | ||||||
20 | treatment.
| ||||||
21 | (a) Notwithstanding any other provision of law, the results | ||||||
22 | of blood or
urine
tests
performed for the purpose of | ||||||
23 | determining the content of alcohol, other drug or
drugs, | ||||||
24 | intoxicating compound or compounds, or any combination of them | ||||||
25 | in an
individual's blood or
urine, conducted upon persons |
| |||||||
| |||||||
1 | receiving medical treatment in a hospital
emergency room for
| ||||||
2 | injuries resulting from a boating accident, shall be disclosed | ||||||
3 | to the
Department
of Natural
Resources or local law enforcement | ||||||
4 | agencies of jurisdiction, upon request. The
blood or urine
| ||||||
5 | tests are admissible in evidence as a business record exception | ||||||
6 | to the hearsay
rule only in
prosecutions for violations of | ||||||
7 | Section 5-16 of this Code or a similar provision
of a local
| ||||||
8 | ordinance, or in prosecutions for reckless homicide brought | ||||||
9 | under the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||||||
10 | (b) The confidentiality provisions of the law pertaining to | ||||||
11 | medical records
and medical
treatment shall not be applicable | ||||||
12 | with regard to tests performed upon an
individual's blood or
| ||||||
13 | urine under the provisions of subsection (a) of this Section. | ||||||
14 | No person is
liable for civil damages
or professional | ||||||
15 | discipline as a result of disclosure or reporting of the tests
| ||||||
16 | or the evidentiary use
of an individual's blood or urine test | ||||||
17 | results under this Section or
Section 5-16a, or as a
result of | ||||||
18 | that person's testimony made available under this Section or | ||||||
19 | Section
5-16a, except for
willful or wanton misconduct.
| ||||||
20 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
21 | Section 590. The Clerks of Courts Act is amended by | ||||||
22 | changing Sections 27.3a, 27.5, and 27.6 as follows:
| ||||||
23 | (705 ILCS 105/27.3a)
| ||||||
24 | Sec. 27.3a. Fees for automated record keeping, probation |
| |||||||
| |||||||
1 | and court services operations, and State and Conservation | ||||||
2 | Police operations.
| ||||||
3 | 1. The expense of establishing and maintaining automated | ||||||
4 | record
keeping systems in the offices of the clerks of the | ||||||
5 | circuit court shall
be borne by the county. To defray such | ||||||
6 | expense in any county having
established such an automated | ||||||
7 | system or which elects to establish such a
system, the county | ||||||
8 | board may require the clerk of the circuit court in
their | ||||||
9 | county to charge and collect a court automation fee of not less | ||||||
10 | than
$1 nor more than $15 to be charged and collected by the | ||||||
11 | clerk of the court.
Such fee shall be paid at the time of | ||||||
12 | filing the first pleading, paper or
other appearance filed by | ||||||
13 | each party in all civil cases or by the defendant
in any | ||||||
14 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
15 | conservation
case upon a judgment of guilty or grant of | ||||||
16 | supervision, provided that
the record keeping system which | ||||||
17 | processes the case
category for which the fee is charged is | ||||||
18 | automated or has been approved for
automation by the county | ||||||
19 | board, and provided further that no additional fee
shall be | ||||||
20 | required if more than one party is presented in a single | ||||||
21 | pleading,
paper or other appearance. Such fee shall be | ||||||
22 | collected in the manner in
which all other fees or costs are | ||||||
23 | collected.
| ||||||
24 | 1.1. Starting on July 6, 2012 ( the effective date of Public | ||||||
25 | Act 97-761) this amendatory Act of the 97th General Assembly | ||||||
26 | and pursuant to an administrative order from the chief judge of |
| |||||||
| |||||||
1 | the circuit or the presiding judge of the county authorizing | ||||||
2 | such collection, a clerk of the circuit court in any county | ||||||
3 | that imposes a fee pursuant to subsection 1 of this Section | ||||||
4 | shall also charge and collect an additional $10 operations fee | ||||||
5 | for probation and court services department operations. | ||||||
6 | This additional fee shall be paid by the defendant in any | ||||||
7 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
8 | case upon a judgment of guilty or grant of supervision, except | ||||||
9 | such $10 operations fee shall not be charged and collected in | ||||||
10 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
11 | amount is $120 or less. | ||||||
12 | 1.2. With respect to the fee imposed and collected under | ||||||
13 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
14 | fees monthly to the county treasurer for deposit into the | ||||||
15 | probation and court services fund created under Section 15.1 of | ||||||
16 | the Probation and Probation Officers Act, and such monies shall | ||||||
17 | be disbursed from the fund only at the direction of the chief | ||||||
18 | judge of the circuit or another judge designated by the Chief | ||||||
19 | Circuit Judge in accordance with the policies and guidelines | ||||||
20 | approved by the Supreme Court. | ||||||
21 | 1.5. Starting on the effective date of this amendatory Act | ||||||
22 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
23 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
24 | Section, shall charge and collect an additional fee in an | ||||||
25 | amount equal to the amount of the fee imposed pursuant to | ||||||
26 | subsection 1 of this Section. This additional fee shall be paid |
| |||||||
| |||||||
1 | by the defendant in any felony, traffic, misdemeanor, or local | ||||||
2 | ordinance case upon a judgment of guilty or grant of | ||||||
3 | supervision. This fee shall not be paid by the defendant for | ||||||
4 | any conservation violation listed in subsection 1.6 of this | ||||||
5 | Section. | ||||||
6 | 1.6. Starting on July 1, 2012 (the effective date of Public | ||||||
7 | Act 97-46), a clerk of the circuit court in any county that | ||||||
8 | imposes a fee pursuant to subsection 1 of this Section shall | ||||||
9 | charge and collect an additional fee in an amount equal to the | ||||||
10 | amount of the fee imposed pursuant to subsection 1 of this | ||||||
11 | Section. This additional fee shall be paid by the defendant | ||||||
12 | upon a judgment of guilty or grant of supervision for a | ||||||
13 | conservation violation under the State Parks Act, the | ||||||
14 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
15 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
16 | Transportation Act, the Firearm Owners Identification Card | ||||||
17 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
18 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
19 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
20 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
21 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
22 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
23 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
24 | State Forest Act, the Water Use Act of 1983, the Illinois | ||||||
25 | Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||||||
26 | Snowmobile Registration and Safety Act, the Boat Registration |
| |||||||
| |||||||
1 | and Safety Act, the Illinois Dangerous Animals Act, the Hunter | ||||||
2 | and Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
3 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
4 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
5 | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||||||
6 | Criminal Code of 2012 1961 . | ||||||
7 | 2. With respect to the fee imposed under subsection 1 of | ||||||
8 | this Section, each clerk shall commence such charges and | ||||||
9 | collections upon receipt
of written notice from the chairman of | ||||||
10 | the county board together with a
certified copy of the board's | ||||||
11 | resolution, which the clerk shall file of
record in his office.
| ||||||
12 | 3. With respect to the fee imposed under subsection 1 of | ||||||
13 | this Section, such fees shall be in addition to all other fees | ||||||
14 | and charges of such
clerks, and assessable as costs, and may be | ||||||
15 | waived only if the judge
specifically provides for the waiver | ||||||
16 | of the court automation fee. The
fees shall be remitted monthly | ||||||
17 | by such clerk to the county treasurer, to be
retained by him in | ||||||
18 | a special fund designated as the court automation fund.
The | ||||||
19 | fund shall be audited by the county auditor, and the board | ||||||
20 | shall make
expenditure from the fund in payment of any cost | ||||||
21 | related to the automation
of court records, including hardware, | ||||||
22 | software, research and development
costs and personnel related | ||||||
23 | thereto, provided that the expenditure is
approved by the clerk | ||||||
24 | of the court and by the chief judge of the circuit
court or his | ||||||
25 | designate.
| ||||||
26 | 4. With respect to the fee imposed under subsection 1 of |
| |||||||
| |||||||
1 | this Section, such fees shall not be charged in any matter | ||||||
2 | coming to any such clerk
on change of venue, nor in any | ||||||
3 | proceeding to review the decision of any
administrative | ||||||
4 | officer, agency or body.
| ||||||
5 | 5. With respect to the additional fee imposed under | ||||||
6 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
7 | the circuit clerk to the State Treasurer within one month after | ||||||
8 | receipt for deposit into the State Police Operations Assistance | ||||||
9 | Fund. | ||||||
10 | 6. With respect to the additional fees imposed under | ||||||
11 | subsection 1.5 of this Section, the Director of State Police | ||||||
12 | may direct the use of these fees for homeland security purposes | ||||||
13 | by transferring these fees on a quarterly basis from the State | ||||||
14 | Police Operations Assistance Fund into the Illinois Law | ||||||
15 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
16 | initiatives programs. The transferred fees shall be allocated, | ||||||
17 | subject to the approval of the ILEAS Executive Board, as | ||||||
18 | follows: (i) 66.6% shall be used for homeland security | ||||||
19 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
20 | operations. The ILEAS Executive Board shall annually supply the | ||||||
21 | Director of State Police with a report of the use of these | ||||||
22 | fees. | ||||||
23 | 7. With respect to the additional fee imposed under | ||||||
24 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
25 | the circuit clerk to the State Treasurer within one month after | ||||||
26 | receipt for deposit into the Conservation Police Operations |
| |||||||
| |||||||
1 | Assistance Fund. | ||||||
2 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
3 | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | ||||||
4 | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| ||||||
5 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
6 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
7 | penalties, bail balances
assessed or forfeited, and any other | ||||||
8 | amount paid by a person to the circuit
clerk that equals an | ||||||
9 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
10 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
11 | an
emergency response as provided under Section 11-501 of the | ||||||
12 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
13 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
14 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
15 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
16 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
17 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
18 | convictions, orders of
supervision, or any other disposition | ||||||
19 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
20 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
21 | any violation of the Child Passenger Protection Act, or a
| ||||||
22 | similar provision of a local ordinance, and except as otherwise | ||||||
23 | provided in this Section, shall be disbursed within 60 days | ||||||
24 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
25 | disbursed to the entity authorized by law to
receive the fine |
| |||||||
| |||||||
1 | imposed in the case; 12% shall be disbursed to the State
| ||||||
2 | Treasurer; and 41% shall be disbursed to the county's general | ||||||
3 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
4 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
5 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
6 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
7 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
8 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
9 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
10 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
11 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
12 | amount that exceeds the 110% limit shall be distributed as | ||||||
13 | follows:
50% shall be disbursed to the county's general | ||||||
14 | corporate fund and 50% shall be
disbursed to the entity | ||||||
15 | authorized by law to receive the fine imposed in the
case. Not | ||||||
16 | later than March 1 of each year the circuit clerk
shall submit | ||||||
17 | a report of the amount of funds remitted to the State
Treasurer | ||||||
18 | under this Section during the preceding year based upon
| ||||||
19 | independent verification of fines and fees. All counties shall | ||||||
20 | be subject
to this Section, except that counties with a | ||||||
21 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
22 | subject to this Section. For offenses
subject to this Section, | ||||||
23 | judges shall impose one total sum of money payable
for | ||||||
24 | violations. The circuit clerk may add on no additional amounts | ||||||
25 | except
for amounts that are required by Sections 27.3a and | ||||||
26 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
2 | Code, unless those amounts are specifically waived by the | ||||||
3 | judge. With
respect to money collected by the circuit clerk as | ||||||
4 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
5 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
6 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
7 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
8 | is implemented or fee requirements are waived pursuant to a | ||||||
9 | court order, the circuit clerk may add to any unpaid fees and | ||||||
10 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
11 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
12 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
13 | unpaid after 90 days. Notice to those parties may be made by | ||||||
14 | signage posting or publication. The additional delinquency | ||||||
15 | amounts collected under this Section shall be deposited in the | ||||||
16 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
17 | used to defray administrative costs incurred by the circuit | ||||||
18 | clerk in performing the duties required to collect and disburse | ||||||
19 | funds. This Section is a denial
and limitation of home rule | ||||||
20 | powers and functions under subsection (h) of
Section 6 of | ||||||
21 | Article VII of the Illinois Constitution.
| ||||||
22 | (b) The following amounts must be remitted to the State | ||||||
23 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
24 | (1) 50% of the amounts collected for felony offenses | ||||||
25 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
26 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
| |||||||
| |||||||
1 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
2 | of
1961 or the Criminal Code of 2012 ;
| ||||||
3 | (2) 20% of the amounts collected for Class A and Class | ||||||
4 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
5 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
6 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
7 | Code of 1961 or the Criminal Code of 2012 ; and
| ||||||
8 | (3) 50% of the amounts collected for Class C | ||||||
9 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
10 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 .
| ||||||
12 | (c) Any person who receives a disposition of court | ||||||
13 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance shall, in addition to | ||||||
15 | any other fines, fees, and court costs, pay an additional fee | ||||||
16 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
17 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
18 | person shall also pay a fee of $6, if not waived by the court. | ||||||
19 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
20 | deposited into the Circuit Court Clerk Operation and | ||||||
21 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
22 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
23 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
24 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
25 | on supervision for a serious traffic violation, as defined in | ||||||
26 | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
2 | a similar provision of a local ordinance shall pay an | ||||||
3 | additional fee of $35, to be disbursed as provided in Section | ||||||
4 | 16-104d of that Code. | ||||||
5 | This subsection (d) becomes inoperative 7 years after the | ||||||
6 | effective date of Public Act 95-154.
| ||||||
7 | (e) In all counties having a population of 3,000,000 or | ||||||
8 | more inhabitants: | ||||||
9 | (1) A person who is found guilty of or pleads guilty to | ||||||
10 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
11 | Vehicle Code, including any person placed on court | ||||||
12 | supervision for violating subsection (a), shall be fined | ||||||
13 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
14 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
15 | who shall distribute the money pursuant to subsection (f) | ||||||
16 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
17 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
18 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
19 | Corrections is assessed, it shall be disbursed by the | ||||||
20 | circuit clerk as provided by subsection (f) of Section | ||||||
21 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
22 | (3) When a fine for a violation of subsection (a) of | ||||||
23 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
24 | greater, the additional $50 which is charged as provided | ||||||
25 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
26 | Vehicle Code shall be disbursed by the circuit clerk to a |
| |||||||
| |||||||
1 | school district or districts for school safety purposes as | ||||||
2 | provided by subsection (f) of Section 11-605. | ||||||
3 | (4) When a fine for a violation of subsection (a) of | ||||||
4 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
5 | greater, the additional $50 which is charged as provided | ||||||
6 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
7 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
8 | school district or districts for school safety purposes as | ||||||
9 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
10 | Illinois Vehicle Code. | ||||||
11 | (5) When a mandatory drug court fee of up to $5 is | ||||||
12 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
13 | the Counties Code, it shall be disbursed by the circuit | ||||||
14 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
15 | the Counties Code. | ||||||
16 | (6) When a mandatory teen court, peer jury, youth | ||||||
17 | court, or other youth diversion program fee is assessed as | ||||||
18 | provided in subsection (e) of Section 5-1101 of the | ||||||
19 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
20 | as provided in subsection (e) of Section 5-1101 of the | ||||||
21 | Counties Code. | ||||||
22 | (7) When a Children's Advocacy Center fee is assessed | ||||||
23 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
24 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
25 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
26 | Counties Code. |
| |||||||
| |||||||
1 | (8) When a victim impact panel fee is assessed pursuant | ||||||
2 | to subsection (b) of Section 11-501.01 of the Illinois | ||||||
3 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
4 | the victim impact panel to be
attended by the defendant. | ||||||
5 | (9) When a new fee collected in traffic cases is | ||||||
6 | enacted after January 1, 2010 (the effective date of Public | ||||||
7 | Act 96-735), it shall be excluded from the percentage | ||||||
8 | disbursement provisions of this Section unless otherwise | ||||||
9 | indicated by law. | ||||||
10 | (f) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of Section 11-501 of the Illinois | ||||||
12 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
13 | court costs, pay an additional fee of $50, which shall
be | ||||||
14 | collected by the circuit clerk and then remitted to the State | ||||||
15 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
16 | special fund in the State treasury. However, the court may | ||||||
17 | waive the fee if full restitution is complied with. Subject to | ||||||
18 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
19 | be used by the Department of Transportation to pay fees imposed | ||||||
20 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
21 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
22 | month after receipt to the State Treasurer for deposit into the | ||||||
23 | Roadside Memorial Fund. | ||||||
24 | (g) For any conviction or disposition of court supervision | ||||||
25 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
26 | Code, the circuit clerk shall distribute the fines paid by the |
| |||||||
| |||||||
1 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
2 | Illinois Vehicle Code. | ||||||
3 | (Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | ||||||
4 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
5 | 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | ||||||
6 | 1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.)
| ||||||
7 | (705 ILCS 105/27.6)
| ||||||
8 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
9 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, and 97-1108) | ||||||
10 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
11 | penalties, bail balances
assessed or forfeited, and any other | ||||||
12 | amount paid by a person to the circuit
clerk equalling an | ||||||
13 | amount of $55 or more, except the fine imposed by Section | ||||||
14 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
15 | required
by subsections (b) and (c), restitution under Section | ||||||
16 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
17 | local anti-crime program ordered pursuant to Section | ||||||
18 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
19 | Corrections, reimbursement for the costs of an emergency
| ||||||
20 | response as provided under Section 11-501 of the Illinois | ||||||
21 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
22 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
23 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
24 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
25 | Counties Code, or any cost imposed under Section 124A-5 of the |
| |||||||
| |||||||
1 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
2 | supervision, or any
other disposition for a violation of | ||||||
3 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
4 | similar provision of a local ordinance, and any
violation of | ||||||
5 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
6 | local ordinance, and except as otherwise provided in this | ||||||
7 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
8 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
9 | entity authorized by law to
receive the fine imposed in the | ||||||
10 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
11 | 38.675% shall be disbursed to the county's general corporate
| ||||||
12 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
13 | shall be deposited
by the State Treasurer into the Violent | ||||||
14 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
15 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
16 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
17 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
18 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
19 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
20 | Department of Public Health and 50% shall be disbursed to
the | ||||||
21 | Department of Healthcare and Family Services. For fiscal year | ||||||
22 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
23 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
24 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
25 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
26 | amount that exceeds the 110% limit shall be distributed as |
| |||||||
| |||||||
1 | follows: 50%
shall be disbursed to the county's general | ||||||
2 | corporate fund and 50% shall be
disbursed to the entity | ||||||
3 | authorized by law to receive the fine imposed in
the case. Not | ||||||
4 | later than March 1 of each year the circuit clerk
shall submit | ||||||
5 | a report of the amount of funds remitted to the State
Treasurer | ||||||
6 | under this Section during the preceding year based upon
| ||||||
7 | independent verification of fines and fees. All counties shall | ||||||
8 | be subject
to this Section, except that counties with a | ||||||
9 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
10 | subject to this Section. For offenses
subject to this Section, | ||||||
11 | judges shall impose one total sum of money payable
for | ||||||
12 | violations. The circuit clerk may add on no additional amounts | ||||||
13 | except
for amounts that are required by Sections 27.3a and | ||||||
14 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
15 | by the judge. With
respect to money collected by the circuit | ||||||
16 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
17 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
18 | clerk shall first deduct and pay amounts
required by Sections | ||||||
19 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
20 | limitation of home rule powers and functions under subsection | ||||||
21 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
22 | (b) In addition to any other fines and court costs assessed | ||||||
23 | by the courts,
any person convicted or receiving an order of | ||||||
24 | supervision for driving under
the influence of alcohol or drugs | ||||||
25 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
26 | court. This amount, less 2 1/2% that shall be used to
defray |
| |||||||
| |||||||
1 | administrative costs incurred by the clerk, shall be remitted | ||||||
2 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
3 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
4 | $100 shall not be considered a part of the
fine for purposes of | ||||||
5 | any reduction in the fine for time served either before or
| ||||||
6 | after sentencing. Not later than March 1 of each year the | ||||||
7 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
8 | remitted to the State Treasurer under
this subsection during | ||||||
9 | the preceding calendar year.
| ||||||
10 | (b-1) In addition to any other fines and court costs | ||||||
11 | assessed by the courts,
any person convicted or receiving an | ||||||
12 | order of supervision for driving under the
influence of alcohol | ||||||
13 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
14 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
15 | defray administrative costs incurred by the clerk,
shall be | ||||||
16 | remitted by the clerk to the Treasurer within 60 days after | ||||||
17 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
18 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
19 | considered a part of the fine for purposes of any reduction in | ||||||
20 | the fine for
time served either before or after sentencing. Not | ||||||
21 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
22 | a report of the amount of funds remitted to
the State Treasurer | ||||||
23 | under this subsection during the preceding calendar
year.
| ||||||
24 | (c) In addition to any other fines and court costs assessed | ||||||
25 | by the courts,
any person convicted for a violation of Sections | ||||||
26 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
2 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
3 | Act, or the Methamphetamine Control and Community Protection | ||||||
4 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
5 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
6 | defray administrative costs incurred by the clerk,
shall be | ||||||
7 | remitted by the clerk to the Treasurer within 60 days after | ||||||
8 | receipt
for deposit into the Trauma Center Fund. This | ||||||
9 | additional fee of $100 shall not
be considered a part of the | ||||||
10 | fine for purposes of any reduction in the fine for
time served | ||||||
11 | either before or after sentencing. Not later than March 1 of | ||||||
12 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
13 | of funds remitted to
the State Treasurer under this subsection | ||||||
14 | during the preceding calendar year.
| ||||||
15 | (c-1) In addition to any other fines and court costs | ||||||
16 | assessed by the
courts, any person sentenced for a violation of | ||||||
17 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
18 | Act, or the Methamphetamine Control and Community Protection | ||||||
19 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
20 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
21 | defray administrative costs incurred by the clerk, shall be | ||||||
22 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
23 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
24 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the
fine for time served either before or after sentencing. Not |
| |||||||
| |||||||
1 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
2 | a report of the amount of funds
remitted to the State Treasurer | ||||||
3 | under this subsection during the preceding
calendar year.
| ||||||
4 | (d) The following amounts must be remitted to the State | ||||||
5 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
6 | (1) 50% of the amounts collected for felony offenses | ||||||
7 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
8 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
9 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
10 | of
1961 or the Criminal Code of 2012 ;
| ||||||
11 | (2) 20% of the amounts collected for Class A and Class | ||||||
12 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
13 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
14 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
15 | Code of 1961 or the Criminal Code of 2012 ; and
| ||||||
16 | (3) 50% of the amounts collected for Class C | ||||||
17 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
18 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012 .
| ||||||
20 | (e) Any person who receives a disposition of court | ||||||
21 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance shall, in addition to | ||||||
23 | any other fines, fees, and court costs, pay an additional fee | ||||||
24 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
25 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
26 | person shall also pay a fee of $6, if not waived by the court. |
| |||||||
| |||||||
1 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
2 | deposited into the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
4 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
5 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
6 | (f) This Section does not apply to the additional child | ||||||
7 | pornography fines assessed and collected under Section | ||||||
8 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
9 | (g) (Blank). | ||||||
10 | (h) (Blank). | ||||||
11 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
12 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
13 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
14 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
16 | to be used to offset the costs incurred by the Circuit Court | ||||||
17 | Clerk in performing the additional duties required to collect | ||||||
18 | and disburse funds to entities of State and local government as | ||||||
19 | provided by law.
| ||||||
20 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
21 | on supervision for a serious traffic violation, as defined in | ||||||
22 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
23 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
24 | a similar provision of a local ordinance shall pay an | ||||||
25 | additional fee of $35, to be disbursed as provided in Section | ||||||
26 | 16-104d of that Code. |
| |||||||
| |||||||
1 | This subsection (j) becomes inoperative 7 years after the | ||||||
2 | effective date of Public Act 95-154. | ||||||
3 | (k) For any conviction or disposition of court supervision | ||||||
4 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
5 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
6 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
7 | Illinois Vehicle Code. | ||||||
8 | (l) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
11 | in addition to any other fines, fees, and court costs, pay an | ||||||
12 | additional fee of $50, which shall
be collected by the circuit | ||||||
13 | clerk and then remitted to the State Treasurer for deposit into | ||||||
14 | the Roadside Memorial Fund, a special fund in the State | ||||||
15 | treasury. However, the court may waive the fee if full | ||||||
16 | restitution is complied with. Subject to appropriation, all | ||||||
17 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
18 | Department of Transportation to pay fees imposed under | ||||||
19 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
20 | fee shall be remitted by the circuit clerk within one month | ||||||
21 | after receipt to the State Treasurer for deposit into the | ||||||
22 | Roadside Memorial Fund. | ||||||
23 | (m) Of the amounts collected as fines under subsection (c) | ||||||
24 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
25 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
26 | Community Protection Act, 99% shall be deposited to the law |
| |||||||
| |||||||
1 | enforcement agency or fund specified and 1% shall be deposited | ||||||
2 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
3 | to be used to offset the costs incurred by the Circuit Court | ||||||
4 | Clerk in performing the additional duties required to collect | ||||||
5 | and disburse funds to entities of State and local government as | ||||||
6 | provided by law. | ||||||
7 | (n) In addition to any other fines and court costs assessed | ||||||
8 | by the courts, any person who is convicted of or pleads guilty | ||||||
9 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012 , or a similar provision of a local ordinance, or | ||||||
11 | who is convicted of, pleads guilty to, or receives a | ||||||
12 | disposition of court supervision for a violation of the | ||||||
13 | Illinois Vehicle Code, or a similar provision of a local | ||||||
14 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
15 | the circuit court. This additional fee of $15 shall not be | ||||||
16 | considered a part of the fine for purposes of any reduction in | ||||||
17 | the fine for time served either before or after sentencing. | ||||||
18 | This amount, less 2.5% that shall be used to defray | ||||||
19 | administrative costs incurred by the clerk, shall be remitted | ||||||
20 | by the clerk to the State Treasurer within 60 days after | ||||||
21 | receipt for deposit into the State Police Merit Board Public | ||||||
22 | Safety Fund. | ||||||
23 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
24 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
25 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
26 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, |
| |||||||
| |||||||
1 | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | ||||||
2 | 97-1108, eff. 1-1-13; revised 9-20-12.) | ||||||
3 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
4 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, and 97-1108) | ||||||
5 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
6 | penalties, bail balances
assessed or forfeited, and any other | ||||||
7 | amount paid by a person to the circuit
clerk equalling an | ||||||
8 | amount of $55 or more, except the fine imposed by Section | ||||||
9 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
10 | required
by subsections (b) and (c), restitution under Section | ||||||
11 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
12 | local anti-crime program ordered pursuant to Section | ||||||
13 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
14 | Corrections, reimbursement for the costs of an emergency
| ||||||
15 | response as provided under Section 11-501 of the Illinois | ||||||
16 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
17 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
18 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
19 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
20 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
21 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
22 | supervision, or any
other disposition for a violation of | ||||||
23 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
24 | similar provision of a local ordinance, and any
violation of | ||||||
25 | the Child Passenger Protection Act, or a similar provision of a
|
| |||||||
| |||||||
1 | local ordinance, and except as otherwise provided in this | ||||||
2 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
3 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
4 | entity authorized by law to
receive the fine imposed in the | ||||||
5 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
6 | 38.675% shall be disbursed to the county's general corporate
| ||||||
7 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
8 | shall be deposited
by the State Treasurer into the Violent | ||||||
9 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
10 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
11 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
12 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
13 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
14 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
15 | Department of Public Health and 50% shall be disbursed to
the | ||||||
16 | Department of Healthcare and Family Services. For fiscal year | ||||||
17 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
18 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
19 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
20 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
21 | amount that exceeds the 110% limit shall be distributed as | ||||||
22 | follows: 50%
shall be disbursed to the county's general | ||||||
23 | corporate fund and 50% shall be
disbursed to the entity | ||||||
24 | authorized by law to receive the fine imposed in
the case. Not | ||||||
25 | later than March 1 of each year the circuit clerk
shall submit | ||||||
26 | a report of the amount of funds remitted to the State
Treasurer |
| |||||||
| |||||||
1 | under this Section during the preceding year based upon
| ||||||
2 | independent verification of fines and fees. All counties shall | ||||||
3 | be subject
to this Section, except that counties with a | ||||||
4 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
5 | subject to this Section. For offenses
subject to this Section, | ||||||
6 | judges shall impose one total sum of money payable
for | ||||||
7 | violations. The circuit clerk may add on no additional amounts | ||||||
8 | except
for amounts that are required by Sections 27.3a and | ||||||
9 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
10 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
11 | Code, unless those amounts are specifically waived by the | ||||||
12 | judge. With
respect to money collected by the circuit clerk as | ||||||
13 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
14 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
15 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
16 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
17 | is implemented or fee requirements are waived pursuant to court | ||||||
18 | order, the clerk of the court may add to any unpaid fees and | ||||||
19 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
20 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
21 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made by | ||||||
23 | signage posting or publication. The additional delinquency | ||||||
24 | amounts collected under this Section shall be deposited in the | ||||||
25 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
26 | used to defray administrative costs incurred by the circuit |
| |||||||
| |||||||
1 | clerk in performing the duties required to collect and disburse | ||||||
2 | funds. This Section is a denial
and limitation of home rule | ||||||
3 | powers and functions under subsection (h) of
Section 6 of | ||||||
4 | Article VII of the Illinois Constitution.
| ||||||
5 | (b) In addition to any other fines and court costs assessed | ||||||
6 | by the courts,
any person convicted or receiving an order of | ||||||
7 | supervision for driving under
the influence of alcohol or drugs | ||||||
8 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
9 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
10 | administrative costs incurred by the clerk, shall be remitted | ||||||
11 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
12 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
13 | $100 shall not be considered a part of the
fine for purposes of | ||||||
14 | any reduction in the fine for time served either before or
| ||||||
15 | after sentencing. Not later than March 1 of each year the | ||||||
16 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
17 | remitted to the State Treasurer under
this subsection during | ||||||
18 | the preceding calendar year.
| ||||||
19 | (b-1) In addition to any other fines and court costs | ||||||
20 | assessed by the courts,
any person convicted or receiving an | ||||||
21 | order of supervision for driving under the
influence of alcohol | ||||||
22 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
23 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
24 | defray administrative costs incurred by the clerk,
shall be | ||||||
25 | remitted by the clerk to the Treasurer within 60 days after | ||||||
26 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
| |||||||
| |||||||
1 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
2 | considered a part of the fine for purposes of any reduction in | ||||||
3 | the fine for
time served either before or after sentencing. Not | ||||||
4 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
5 | a report of the amount of funds remitted to
the State Treasurer | ||||||
6 | under this subsection during the preceding calendar
year.
| ||||||
7 | (c) In addition to any other fines and court costs assessed | ||||||
8 | by the courts,
any person convicted for a violation of Sections | ||||||
9 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
11 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
12 | Act, or the Methamphetamine Control and Community Protection | ||||||
13 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
14 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
15 | defray administrative costs incurred by the clerk,
shall be | ||||||
16 | remitted by the clerk to the Treasurer within 60 days after | ||||||
17 | receipt
for deposit into the Trauma Center Fund. This | ||||||
18 | additional fee of $100 shall not
be considered a part of the | ||||||
19 | fine for purposes of any reduction in the fine for
time served | ||||||
20 | either before or after sentencing. Not later than March 1 of | ||||||
21 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
22 | of funds remitted to
the State Treasurer under this subsection | ||||||
23 | during the preceding calendar year.
| ||||||
24 | (c-1) In addition to any other fines and court costs | ||||||
25 | assessed by the
courts, any person sentenced for a violation of | ||||||
26 | the Cannabis Control Act,
the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act, or the Methamphetamine Control and Community Protection | ||||||
2 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
3 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
4 | defray administrative costs incurred by the clerk, shall be | ||||||
5 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
6 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
7 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
8 | considered a part of the fine for purposes of any reduction in | ||||||
9 | the
fine for time served either before or after sentencing. Not | ||||||
10 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
11 | a report of the amount of funds
remitted to the State Treasurer | ||||||
12 | under this subsection during the preceding
calendar year.
| ||||||
13 | (d) The following amounts must be remitted to the State | ||||||
14 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
15 | (1) 50% of the amounts collected for felony offenses | ||||||
16 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
17 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
18 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
19 | of
1961 or the Criminal Code of 2012 ;
| ||||||
20 | (2) 20% of the amounts collected for Class A and Class | ||||||
21 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
22 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
24 | Code of 1961 or the Criminal Code of 2012 ; and
| ||||||
25 | (3) 50% of the amounts collected for Class C | ||||||
26 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
| |||||||
| |||||||
1 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 .
| ||||||
3 | (e) Any person who receives a disposition of court | ||||||
4 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local ordinance shall, in addition to | ||||||
6 | any other fines, fees, and court costs, pay an additional fee | ||||||
7 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
8 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
9 | person shall also pay a fee of $6, if not waived by the court. | ||||||
10 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
11 | deposited into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
13 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
14 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
15 | (f) This Section does not apply to the additional child | ||||||
16 | pornography fines assessed and collected under Section | ||||||
17 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
18 | (g) Any person convicted of or pleading guilty to a serious | ||||||
19 | traffic violation, as defined in Section 1-187.001 of the | ||||||
20 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
21 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
22 | subsection (g) becomes inoperative 7 years after the effective | ||||||
23 | date of Public Act 95-154. | ||||||
24 | (h) In all counties having a population of 3,000,000 or | ||||||
25 | more inhabitants, | ||||||
26 | (1) A person who is found guilty of or pleads guilty to |
| |||||||
| |||||||
1 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
2 | Vehicle Code, including any person placed on court | ||||||
3 | supervision for violating subsection (a), shall be fined | ||||||
4 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
5 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
6 | who shall distribute the money pursuant to subsection (f) | ||||||
7 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
8 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
9 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
10 | Corrections is assessed, it shall be disbursed by the | ||||||
11 | circuit clerk as provided by subsection (f) of Section | ||||||
12 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
13 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
14 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
15 | who violated that Section shall be charged an additional | ||||||
16 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
17 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
18 | the circuit clerk to a State or county Transportation | ||||||
19 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
20 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
21 | (4) When a fine for a violation of subsection (a) of | ||||||
22 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
23 | greater, the additional $50 which is charged as provided | ||||||
24 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
25 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
26 | school district or districts for school safety purposes as |
| |||||||
| |||||||
1 | provided by subsection (f) of Section 11-605. | ||||||
2 | (5) When a fine for a violation of subsection (a) of | ||||||
3 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
4 | greater, the additional $50 which is charged as provided | ||||||
5 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
6 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
7 | school district or districts for school safety purposes as | ||||||
8 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
9 | Illinois Vehicle Code. | ||||||
10 | (6) When a mandatory drug court fee of up to $5 is | ||||||
11 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
12 | the Counties Code, it shall be disbursed by the circuit | ||||||
13 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
14 | the Counties Code. | ||||||
15 | (7) When a mandatory teen court, peer jury, youth | ||||||
16 | court, or other youth diversion program fee is assessed as | ||||||
17 | provided in subsection (e) of Section 5-1101 of the | ||||||
18 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
19 | as provided in subsection (e) of Section 5-1101 of the | ||||||
20 | Counties Code. | ||||||
21 | (8) When a Children's Advocacy Center fee is assessed | ||||||
22 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
23 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
24 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
25 | Counties Code. | ||||||
26 | (9) When a victim impact panel fee is assessed pursuant |
| |||||||
| |||||||
1 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
2 | it shall be disbursed by the circuit clerk to the victim | ||||||
3 | impact panel to be attended by the defendant. | ||||||
4 | (10) When a new fee collected in traffic cases is | ||||||
5 | enacted after the effective date of this subsection (h), it | ||||||
6 | shall be excluded from the percentage disbursement | ||||||
7 | provisions of this Section unless otherwise indicated by | ||||||
8 | law. | ||||||
9 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
10 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
11 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
12 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
13 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
14 | to be used to offset the costs incurred by the Circuit Court | ||||||
15 | Clerk in performing the additional duties required to collect | ||||||
16 | and disburse funds to entities of State and local government as | ||||||
17 | provided by law.
| ||||||
18 | (j) (Blank). | ||||||
19 | (k) For any conviction or disposition of court supervision | ||||||
20 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
21 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
22 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
23 | Illinois Vehicle Code. | ||||||
24 | (l) Any person who receives a disposition of court | ||||||
25 | supervision for a violation of Section 11-501 of the Illinois | ||||||
26 | Vehicle Code or a similar provision of a local ordinance shall, |
| |||||||
| |||||||
1 | in addition to any other fines, fees, and court costs, pay an | ||||||
2 | additional fee of $50, which shall
be collected by the circuit | ||||||
3 | clerk and then remitted to the State Treasurer for deposit into | ||||||
4 | the Roadside Memorial Fund, a special fund in the State | ||||||
5 | treasury. However, the court may waive the fee if full | ||||||
6 | restitution is complied with. Subject to appropriation, all | ||||||
7 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
8 | Department of Transportation to pay fees imposed under | ||||||
9 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
10 | fee shall be remitted by the circuit clerk within one month | ||||||
11 | after receipt to the State Treasurer for deposit into the | ||||||
12 | Roadside Memorial Fund. | ||||||
13 | (m) Of the amounts collected as fines under subsection (c) | ||||||
14 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
15 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
16 | Community Protection Act, 99% shall be deposited to the law | ||||||
17 | enforcement agency or fund specified and 1% shall be deposited | ||||||
18 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
19 | to be used to offset the costs incurred by the Circuit Court | ||||||
20 | Clerk in performing the additional duties required to collect | ||||||
21 | and disburse funds to entities of State and local government as | ||||||
22 | provided by law. | ||||||
23 | (n) In addition to any other fines and court costs assessed | ||||||
24 | by the courts, any person who is convicted of or pleads guilty | ||||||
25 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012 , or a similar provision of a local ordinance, or |
| |||||||
| |||||||
1 | who is convicted of, pleads guilty to, or receives a | ||||||
2 | disposition of court supervision for a violation of the | ||||||
3 | Illinois Vehicle Code, or a similar provision of a local | ||||||
4 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
5 | the circuit court. This additional fee of $15 shall not be | ||||||
6 | considered a part of the fine for purposes of any reduction in | ||||||
7 | the fine for time served either before or after sentencing. | ||||||
8 | This amount, less 2.5% that shall be used to defray | ||||||
9 | administrative costs incurred by the clerk, shall be remitted | ||||||
10 | by the clerk to the State Treasurer within 60 days after | ||||||
11 | receipt for deposit into the State Police Merit Board Public | ||||||
12 | Safety Fund. | ||||||
13 | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | ||||||
14 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
15 | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | ||||||
16 | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; revised | ||||||
17 | 9-20-12.) | ||||||
18 | Section 595. The Juror Protection Act is amended by | ||||||
19 | changing Section 15 as follows: | ||||||
20 | (705 ILCS 320/15)
| ||||||
21 | Sec. 15. Violation. Any attempt to contact a member of the | ||||||
22 | jury panel following that member's refusal to speak as outlined | ||||||
23 | in subsection (e) of Section 10 shall be deemed a violation of | ||||||
24 | Section 32-4 of the Criminal Code of 2012 1961 .
|
| |||||||
| |||||||
1 | (Source: P.A. 94-186, eff. 1-1-06.) | ||||||
2 | Section 600. The Juvenile Court Act of 1987 is amended by | ||||||
3 | changing Sections 1-2, 1-3, 1-7, 1-8, 2-3, 2-10, 2-13, 2-17, | ||||||
4 | 2-18, 2-25, 2-27, 3-19, 3-26, 3-40, 4-16, 4-23, 5-125, 5-130, | ||||||
5 | 5-155, 5-170, 5-401.5, 5-407, 5-415, 5-605, 5-615, 5-710, | ||||||
6 | 5-715, 5-730, 5-805, 5-901, and 5-905 as follows:
| ||||||
7 | (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
| ||||||
8 | Sec. 1-2. Purpose and policy.
| ||||||
9 | (1) The purpose of this Act is to secure for each minor | ||||||
10 | subject hereto
such care and guidance, preferably in his or her | ||||||
11 | own home, as will serve
the safety and moral, emotional, | ||||||
12 | mental, and physical
welfare of the minor and the best | ||||||
13 | interests of the community; to preserve
and strengthen the | ||||||
14 | minor's family ties whenever possible, removing him or
her from | ||||||
15 | the custody of his or her parents only when his or her safety | ||||||
16 | or
welfare or the protection of the public cannot be adequately | ||||||
17 | safeguarded
without removal;
if the child is removed from the | ||||||
18 | custody of his or her parent, the Department
of Children and | ||||||
19 | Family Services immediately shall consider concurrent | ||||||
20 | planning,
as described in Section 5 of the Children and Family | ||||||
21 | Services Act so that
permanency may occur at the earliest | ||||||
22 | opportunity; consideration should be given
so that if | ||||||
23 | reunification fails or is delayed, the placement made is
the | ||||||
24 | best available placement to provide permanency for the child;
|
| |||||||
| |||||||
1 | and, when the minor is removed from his or her own family,
to | ||||||
2 | secure for him or her custody, care and discipline as nearly as | ||||||
3 | possible
equivalent to that which should be given by his or her | ||||||
4 | parents, and in
cases where it should and can properly be done | ||||||
5 | to place the minor in a
family home so that he or she may become | ||||||
6 | a member of the family by legal
adoption or otherwise. Provided | ||||||
7 | that a ground for unfitness under the Adoption
Act can be met, | ||||||
8 | it may be appropriate to expedite termination of parental
| ||||||
9 | rights:
| ||||||
10 | (a) when reasonable efforts are inappropriate, or have | ||||||
11 | been provided and
were unsuccessful, and there are | ||||||
12 | aggravating circumstances including, but not
limited to, | ||||||
13 | those cases in which (i) the child or another child of
that | ||||||
14 | child's parent was (A)
abandoned, (B) tortured, or (C) | ||||||
15 | chronically abused or (ii) the parent is
criminally | ||||||
16 | convicted of (A) first degree murder or second degree | ||||||
17 | murder of any
child, (B) attempt or conspiracy to commit | ||||||
18 | first degree murder or second degree
murder of any child, | ||||||
19 | (C) solicitation to commit murder, solicitation to commit
| ||||||
20 | murder for hire, solicitation to commit second degree | ||||||
21 | murder of any
child, or aggravated assault in violation of | ||||||
22 | subdivision (a)(13) of Section
12-2 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 , or
(D)
aggravated | ||||||
24 | criminal sexual assault in violation of Section 11-1.40 | ||||||
25 | (a)(1) or 12-14.1 (a)(1) 12-14(b)(1) of the
Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012 ; or
|
| |||||||
| |||||||
1 | (b) when the parental rights of a parent with respect | ||||||
2 | to another child
of the parent have been involuntarily | ||||||
3 | terminated; or
| ||||||
4 | (c) in those extreme cases in which the parent's | ||||||
5 | incapacity to care for
the child, combined with an | ||||||
6 | extremely poor prognosis for treatment or
rehabilitation, | ||||||
7 | justifies expedited termination of parental rights.
| ||||||
8 | (2) In all proceedings under this Act the court may direct | ||||||
9 | the
course thereof so as promptly to ascertain the | ||||||
10 | jurisdictional facts and
fully to gather information bearing | ||||||
11 | upon the current condition and
future welfare of persons | ||||||
12 | subject to this Act. This Act shall be
administered in a spirit | ||||||
13 | of humane concern, not only for the rights of
the parties, but | ||||||
14 | also for the fears and the limits of understanding of
all who | ||||||
15 | appear before the court.
| ||||||
16 | (3) In all procedures under this Act, the following shall | ||||||
17 | apply:
| ||||||
18 | (a) The procedural rights assured to the minor shall be | ||||||
19 | the rights of
adults unless specifically precluded by laws | ||||||
20 | which enhance the
protection of such minors.
| ||||||
21 | (b) Every child has a right to services necessary to | ||||||
22 | his or her safety
and proper development, including health, | ||||||
23 | education and social services.
| ||||||
24 | (c) The parents' right to the custody of their child | ||||||
25 | shall not prevail
when the court determines that it is | ||||||
26 | contrary to the health, safety, and
best interests of the |
| |||||||
| |||||||
1 | child.
| ||||||
2 | (4) This Act shall be liberally construed to carry out the | ||||||
3 | foregoing
purpose and policy.
| ||||||
4 | (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||||||
5 | 90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | ||||||
6 | 8-16-97; 90-608, eff.
6-30-98.)
| ||||||
7 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||||||
8 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
9 | context
otherwise requires, have the following meanings | ||||||
10 | ascribed to them:
| ||||||
11 | (1) "Adjudicatory hearing" means a hearing to
determine | ||||||
12 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
13 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
14 | or dependent, or
requires authoritative intervention, or | ||||||
15 | addicted, respectively, are supported
by a preponderance of the | ||||||
16 | evidence or whether the allegations of a petition
under Section | ||||||
17 | 5-520 that a minor is delinquent are proved beyond a reasonable
| ||||||
18 | doubt.
| ||||||
19 | (2) "Adult" means a person 21 years of age or older.
| ||||||
20 | (3) "Agency" means a public or private child care facility
| ||||||
21 | legally authorized or licensed by this State for placement or | ||||||
22 | institutional
care or for both placement and institutional | ||||||
23 | care.
| ||||||
24 | (4) "Association" means any organization, public or
| ||||||
25 | private, engaged in welfare functions which include services to |
| |||||||
| |||||||
1 | or on behalf of
children but does not include "agency" as | ||||||
2 | herein defined.
| ||||||
3 | (4.05) Whenever a "best interest" determination is
| ||||||
4 | required, the following factors shall be considered in the | ||||||
5 | context of the
child's age and developmental needs:
| ||||||
6 | (a) the physical safety and welfare of the child, | ||||||
7 | including food, shelter,
health, and clothing;
| ||||||
8 | (b) the development of the child's identity;
| ||||||
9 | (c) the child's background and ties, including | ||||||
10 | familial,
cultural, and religious;
| ||||||
11 | (d) the child's sense of attachments, including:
| ||||||
12 | (i) where the child actually feels love, | ||||||
13 | attachment, and a sense of
being valued (as opposed to | ||||||
14 | where adults believe the child should
feel such love, | ||||||
15 | attachment, and a sense of being valued);
| ||||||
16 | (ii) the child's sense of security;
| ||||||
17 | (iii) the child's sense of familiarity;
| ||||||
18 | (iv) continuity of affection for the child;
| ||||||
19 | (v) the least disruptive placement alternative for | ||||||
20 | the child;
| ||||||
21 | (e) the child's wishes and long-term goals;
| ||||||
22 | (f) the child's community ties, including church, | ||||||
23 | school, and friends;
| ||||||
24 | (g) the child's need for permanence which includes the | ||||||
25 | child's need for
stability and continuity of relationships | ||||||
26 | with parent figures and with siblings
and other relatives;
|
| |||||||
| |||||||
1 | (h) the uniqueness of every family and child;
| ||||||
2 | (i) the risks attendant to entering and being in | ||||||
3 | substitute care; and
| ||||||
4 | (j) the preferences of the persons available to care | ||||||
5 | for the child.
| ||||||
6 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
7 | to it in Section 26-2a of the School Code.
| ||||||
8 | (5) "Court" means the circuit court in a session or | ||||||
9 | division
assigned to hear proceedings under this Act.
| ||||||
10 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
11 | whether a minor should be adjudged to be a ward of the court, | ||||||
12 | and to
determine what order of disposition should be made in | ||||||
13 | respect to a minor
adjudged to be a ward of the court.
| ||||||
14 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
15 | over who has
been completely or partially emancipated under the | ||||||
16 | Emancipation of
Minors Act or
under this Act.
| ||||||
17 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
18 | and authority to act in the best interests of the minor, | ||||||
19 | subject
to residual parental rights and responsibilities, to | ||||||
20 | make important decisions
in matters having a permanent effect | ||||||
21 | on the life and development of the minor
and to be concerned | ||||||
22 | with his or her general welfare. It includes but is not
| ||||||
23 | necessarily limited to:
| ||||||
24 | (a) the authority to consent to marriage, to enlistment | ||||||
25 | in the armed
forces of the United States, or to a major | ||||||
26 | medical, psychiatric, and
surgical treatment; to represent |
| |||||||
| |||||||
1 | the minor in legal actions; and to make
other decisions of | ||||||
2 | substantial legal significance concerning the minor;
| ||||||
3 | (b) the authority and duty of reasonable visitation, | ||||||
4 | except to the
extent that these have been limited in the | ||||||
5 | best interests of the minor by
court order;
| ||||||
6 | (c) the rights and responsibilities of legal custody | ||||||
7 | except where legal
custody has been vested in another | ||||||
8 | person or agency; and
| ||||||
9 | (d) the power to consent to the adoption of the minor, | ||||||
10 | but only if
expressly conferred on the guardian in | ||||||
11 | accordance with Section 2-29, 3-30, or
4-27.
| ||||||
12 | (9) "Legal custody" means the relationship created by an
| ||||||
13 | order of court in the best interests of the minor which imposes | ||||||
14 | on the
custodian the responsibility of physical possession of a | ||||||
15 | minor and the duty to
protect, train and discipline him and to | ||||||
16 | provide him with food, shelter,
education and ordinary medical | ||||||
17 | care, except as these are limited by residual
parental rights | ||||||
18 | and responsibilities and the rights and responsibilities of the
| ||||||
19 | guardian of the person, if any.
| ||||||
20 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
21 | years of age or older who is not suffering from a mental | ||||||
22 | illness that prevents him or her from providing the care | ||||||
23 | necessary to safeguard the physical safety and welfare of a | ||||||
24 | minor who is left in that person's care by the parent or | ||||||
25 | parents or other person responsible for the minor's welfare. | ||||||
26 | (10) "Minor" means a person under the age of 21 years |
| |||||||
| |||||||
1 | subject to
this Act.
| ||||||
2 | (11) "Parent" means the father or mother of a child and
| ||||||
3 | includes any adoptive parent. It also includes a man (i)
whose | ||||||
4 | paternity
is presumed or has been established under the law of | ||||||
5 | this or another
jurisdiction or (ii) who has registered with | ||||||
6 | the Putative Father Registry in
accordance with Section 12.1 of | ||||||
7 | the Adoption Act and whose paternity has not
been ruled out | ||||||
8 | under the law of this or another jurisdiction. It does not
| ||||||
9 | include a
parent whose rights in respect to the
minor have been | ||||||
10 | terminated in any manner provided by law. It does not include a | ||||||
11 | person who has been or could be determined to be a parent under | ||||||
12 | the Illinois Parentage Act of 1984, or similar parentage law in | ||||||
13 | any other state, if that person has been convicted of or pled | ||||||
14 | nolo contendere to a crime that resulted in the conception of | ||||||
15 | the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | ||||||
16 | 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | ||||||
17 | subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | ||||||
18 | (b), (c), (e), or (f) (but not subsection (d)) of Section | ||||||
19 | 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012, or similar statute in another jurisdiction unless | ||||||
21 | upon motion of any party, other than the offender, to the | ||||||
22 | juvenile court proceedings the court finds it is in the child's | ||||||
23 | best interest to deem the offender a parent for purposes of the | ||||||
24 | juvenile court proceedings.
| ||||||
25 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
26 | defined in
subdivision (2) of Section 2-28.
|
| |||||||
| |||||||
1 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
2 | permanency goal and
to review and determine (i) the | ||||||
3 | appropriateness of the services contained in
the plan and | ||||||
4 | whether those services have been provided, (ii) whether | ||||||
5 | reasonable
efforts have been made by all the parties to the | ||||||
6 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
7 | and goal have been achieved.
| ||||||
8 | (12) "Petition" means the petition provided for in Section
| ||||||
9 | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||||||
10 | thereunder
in Section 3-15, 4-12 or 5-520.
| ||||||
11 | (12.1) "Physically capable adult relative" means a person | ||||||
12 | 21 years of age or older who does not have a severe physical | ||||||
13 | disability or medical condition, or is not suffering from | ||||||
14 | alcoholism or drug addiction, that prevents him or her from | ||||||
15 | providing the care necessary to safeguard the physical safety | ||||||
16 | and welfare of a minor who is left in that person's care by the | ||||||
17 | parent or parents or other person responsible for the minor's | ||||||
18 | welfare. | ||||||
19 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
20 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
21 | Family Services Act. | ||||||
22 | (13) "Residual parental
rights and responsibilities" means | ||||||
23 | those rights and responsibilities remaining
with the parent | ||||||
24 | after the transfer of legal custody or guardianship of the
| ||||||
25 | person, including, but not necessarily limited to, the right to | ||||||
26 | reasonable
visitation (which may be limited by the court in the |
| |||||||
| |||||||
1 | best interests of the
minor as provided in subsection (8)(b) of | ||||||
2 | this Section), the right to consent
to adoption, the right to | ||||||
3 | determine the minor's religious affiliation, and the
| ||||||
4 | responsibility for his support.
| ||||||
5 | (14) "Shelter" means the temporary care of a minor in
| ||||||
6 | physically unrestricting facilities pending court disposition | ||||||
7 | or execution of
court order for placement.
| ||||||
8 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
9 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
10 | Services Act. | ||||||
11 | (15) "Station adjustment" means the informal
handling of an | ||||||
12 | alleged offender by a juvenile police officer.
| ||||||
13 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
14 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
15 | requisite jurisdictional facts, and thus is subject to the | ||||||
16 | dispositional powers
of the court under this Act.
| ||||||
17 | (17) "Juvenile police officer" means a sworn
police officer | ||||||
18 | who has completed a Basic Recruit Training Course, has been
| ||||||
19 | assigned to the position of juvenile police officer by his or | ||||||
20 | her chief law
enforcement officer and has completed the | ||||||
21 | necessary juvenile officers training
as prescribed by the | ||||||
22 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
23 | case of a State police officer, juvenile officer
training | ||||||
24 | approved by the Director of the Department of State Police.
| ||||||
25 | (18) "Secure child care facility" means any child care | ||||||
26 | facility licensed
by the Department of Children and Family |
| |||||||
| |||||||
1 | Services to provide secure living
arrangements for children | ||||||
2 | under 18 years of age who are subject to placement in
| ||||||
3 | facilities under the Children and Family Services Act and who | ||||||
4 | are not subject
to placement in facilities for whom standards | ||||||
5 | are established by the Department
of Corrections under Section | ||||||
6 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
7 | facility" also means a
facility that is designed and operated | ||||||
8 | to ensure that all entrances and
exits
from the facility, a | ||||||
9 | building, or a distinct part of the building are under the
| ||||||
10 | exclusive control of the staff of the facility, whether or not | ||||||
11 | the child has
the freedom of movement within the perimeter of | ||||||
12 | the facility, building, or
distinct part of the building.
| ||||||
13 | (Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | ||||||
14 | 97-1076, eff. 8-24-12.)
| ||||||
15 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
16 | Sec. 1-7. Confidentiality of law enforcement records.
| ||||||
17 | (A) Inspection and copying of law enforcement records | ||||||
18 | maintained by law
enforcement agencies that relate to a minor | ||||||
19 | who has been arrested or taken
into custody before his or her | ||||||
20 | 17th birthday shall be restricted to the
following:
| ||||||
21 | (1) Any local, State or federal law enforcement | ||||||
22 | officers of any
jurisdiction or agency when necessary for | ||||||
23 | the discharge of their official
duties during the | ||||||
24 | investigation or prosecution of a crime or relating to a
| ||||||
25 | minor who has been adjudicated delinquent and there has |
| |||||||
| |||||||
1 | been a previous finding
that the act which constitutes the | ||||||
2 | previous offense was committed in
furtherance of criminal | ||||||
3 | activities by a criminal street gang, or, when necessary | ||||||
4 | for the discharge of its official duties in connection with | ||||||
5 | a particular investigation of the conduct of a law | ||||||
6 | enforcement officer, an independent agency or its staff | ||||||
7 | created by ordinance and charged by a unit of local | ||||||
8 | government with the duty of investigating the conduct of | ||||||
9 | law enforcement officers. For purposes of
this Section, | ||||||
10 | "criminal street gang" has the meaning ascribed to it in
| ||||||
11 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
12 | Prevention Act.
| ||||||
13 | (2) Prosecutors, probation officers, social workers, | ||||||
14 | or other
individuals assigned by the court to conduct a | ||||||
15 | pre-adjudication or
pre-disposition investigation, and | ||||||
16 | individuals responsible for supervising
or providing | ||||||
17 | temporary or permanent care and custody for minors pursuant | ||||||
18 | to
the order of the juvenile court, when essential to | ||||||
19 | performing their
responsibilities.
| ||||||
20 | (3) Prosecutors and probation officers:
| ||||||
21 | (a) in the course of a trial when institution of | ||||||
22 | criminal proceedings
has been permitted or required | ||||||
23 | under Section 5-805; or
| ||||||
24 | (b) when institution of criminal proceedings has | ||||||
25 | been permitted or required under Section 5-805 and such | ||||||
26 | minor is the
subject
of a proceeding to determine the |
| |||||||
| |||||||
1 | amount of bail; or
| ||||||
2 | (c) when criminal proceedings have been permitted
| ||||||
3 | or
required under Section 5-805 and such minor is the | ||||||
4 | subject of a
pre-trial
investigation, pre-sentence | ||||||
5 | investigation, fitness hearing, or proceedings
on an | ||||||
6 | application for probation.
| ||||||
7 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
8 | (5) Authorized military personnel.
| ||||||
9 | (6) Persons engaged in bona fide research, with the | ||||||
10 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
11 | the chief executive of the respective
law enforcement | ||||||
12 | agency; provided that publication of such research results
| ||||||
13 | in no disclosure of a minor's identity and protects the | ||||||
14 | confidentiality
of the minor's record.
| ||||||
15 | (7) Department of Children and Family Services child | ||||||
16 | protection
investigators acting in their official | ||||||
17 | capacity.
| ||||||
18 | (8) The appropriate school official only if the agency | ||||||
19 | or officer believes that there is an imminent threat of | ||||||
20 | physical harm to students, school personnel, or others who | ||||||
21 | are present in the school or on school grounds. | ||||||
22 | (A) Inspection and copying
shall be limited to law | ||||||
23 | enforcement records transmitted to the appropriate
| ||||||
24 | school official or officials whom the school has | ||||||
25 | determined to have a legitimate educational or safety | ||||||
26 | interest by a local law enforcement agency under a |
| |||||||
| |||||||
1 | reciprocal reporting
system established and maintained | ||||||
2 | between the school district and the local law
| ||||||
3 | enforcement agency under Section 10-20.14 of the | ||||||
4 | School Code concerning a minor
enrolled in a school | ||||||
5 | within the school district who has been arrested or | ||||||
6 | taken
into custody for any of the following offenses:
| ||||||
7 | (i) any violation of Article 24 of the Criminal | ||||||
8 | Code of
1961 or the Criminal Code of 2012 ;
| ||||||
9 | (ii) a violation of the Illinois Controlled | ||||||
10 | Substances Act;
| ||||||
11 | (iii) a violation of the Cannabis Control Act;
| ||||||
12 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
13 | the Criminal Code
of 1961 or the Criminal Code of 2012 ; | ||||||
14 | (v) a violation of the Methamphetamine Control and | ||||||
15 | Community Protection Act;
| ||||||
16 | (vi) a violation of Section 1-2 of the Harassing | ||||||
17 | and Obscene Communications Act; | ||||||
18 | (vii) a violation of the Hazing Act; or | ||||||
19 | (viii) a violation of Section 12-1, 12-2, 12-3, | ||||||
20 | 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, | ||||||
21 | 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012 . | ||||||
23 | The information derived from the law enforcement | ||||||
24 | records shall be kept separate from and shall not | ||||||
25 | become a part of the official school record of that | ||||||
26 | child and shall not be a public record. The information |
| |||||||
| |||||||
1 | shall be used solely by the appropriate school official | ||||||
2 | or officials whom the school has determined to have a | ||||||
3 | legitimate educational or safety interest to aid in the | ||||||
4 | proper rehabilitation of the child and to protect the | ||||||
5 | safety of students and employees in the school. If the | ||||||
6 | designated law enforcement and school officials deem | ||||||
7 | it to be in the best interest of the minor, the student | ||||||
8 | may be referred to in-school or community based social | ||||||
9 | services if those services are available. | ||||||
10 | "Rehabilitation services" may include interventions by | ||||||
11 | school support personnel, evaluation for eligibility | ||||||
12 | for special education, referrals to community-based | ||||||
13 | agencies such as youth services, behavioral healthcare | ||||||
14 | service providers, drug and alcohol prevention or | ||||||
15 | treatment programs, and other interventions as deemed | ||||||
16 | appropriate for the student. | ||||||
17 | (B) Any information provided to appropriate school | ||||||
18 | officials whom the school has determined to have a | ||||||
19 | legitimate educational or safety interest by local law | ||||||
20 | enforcement officials about a minor who is the subject | ||||||
21 | of a current police investigation that is directly | ||||||
22 | related to school safety shall consist of oral | ||||||
23 | information only, and not written law enforcement | ||||||
24 | records, and shall be used solely by the appropriate | ||||||
25 | school official or officials to protect the safety of | ||||||
26 | students and employees in the school and aid in the |
| |||||||
| |||||||
1 | proper rehabilitation of the child. The information | ||||||
2 | derived orally from the local law enforcement | ||||||
3 | officials shall be kept separate from and shall not | ||||||
4 | become a part of the official school record of the | ||||||
5 | child and shall not be a public record. This limitation | ||||||
6 | on the use of information about a minor who is the | ||||||
7 | subject of a current police investigation shall in no | ||||||
8 | way limit the use of this information by prosecutors in | ||||||
9 | pursuing criminal charges arising out of the | ||||||
10 | information disclosed during a police investigation of | ||||||
11 | the minor. For purposes of this paragraph, | ||||||
12 | "investigation" means an official systematic inquiry | ||||||
13 | by a law enforcement agency into actual or suspected | ||||||
14 | criminal activity.
| ||||||
15 | (9) Mental health professionals on behalf of the | ||||||
16 | Illinois Department of
Corrections or the Department of | ||||||
17 | Human Services or prosecutors who are
evaluating, | ||||||
18 | prosecuting, or investigating a potential or actual | ||||||
19 | petition
brought
under the Sexually Violent Persons | ||||||
20 | Commitment Act relating to a person who is
the
subject of | ||||||
21 | juvenile law enforcement records or the respondent to a | ||||||
22 | petition
brought under the Sexually Violent Persons | ||||||
23 | Commitment Act who is the subject of
the
juvenile law | ||||||
24 | enforcement records sought.
Any records and any | ||||||
25 | information obtained from those records under this
| ||||||
26 | paragraph (9) may be used only in sexually violent persons |
| |||||||
| |||||||
1 | commitment
proceedings.
| ||||||
2 | (10) The president of a park district. Inspection and | ||||||
3 | copying shall be limited to law enforcement records | ||||||
4 | transmitted to the president of the park district by the | ||||||
5 | Illinois State Police under Section 8-23 of the Park | ||||||
6 | District Code or Section 16a-5 of the Chicago Park District | ||||||
7 | Act concerning a person who is seeking employment with that | ||||||
8 | park district and who has been adjudicated a juvenile | ||||||
9 | delinquent for any of the offenses listed in subsection (c) | ||||||
10 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
11 | of Section 16a-5 of the Chicago Park District Act.
| ||||||
12 | (B) (1) Except as provided in paragraph (2), no law | ||||||
13 | enforcement
officer or other person or agency may knowingly | ||||||
14 | transmit to the Department of
Corrections or the Department | ||||||
15 | of State Police or to the Federal
Bureau of Investigation | ||||||
16 | any fingerprint or photograph relating to a minor who
has | ||||||
17 | been arrested or taken into custody before his or her 17th | ||||||
18 | birthday,
unless the court in proceedings under this Act | ||||||
19 | authorizes the transmission or
enters an order under | ||||||
20 | Section 5-805 permitting or requiring the
institution of
| ||||||
21 | criminal proceedings.
| ||||||
22 | (2) Law enforcement officers or other persons or | ||||||
23 | agencies shall transmit
to the Department of State Police | ||||||
24 | copies of fingerprints and descriptions
of all minors who | ||||||
25 | have been arrested or taken into custody before their
17th | ||||||
26 | birthday for the offense of unlawful use of weapons under |
| |||||||
| |||||||
1 | Article 24 of
the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 , a Class X or Class 1 felony, a forcible | ||||||
3 | felony as
defined in Section 2-8 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 , or a Class 2 or greater
| ||||||
5 | felony under the Cannabis Control Act, the Illinois | ||||||
6 | Controlled Substances Act, the Methamphetamine Control and | ||||||
7 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
8 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
9 | Identification Act. Information reported to the Department | ||||||
10 | pursuant
to this Section may be maintained with records | ||||||
11 | that the Department files
pursuant to Section 2.1 of the | ||||||
12 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
13 | a law enforcement agency from fingerprinting a minor taken | ||||||
14 | into
custody or arrested before his or her 17th birthday | ||||||
15 | for an offense other than
those listed in this paragraph | ||||||
16 | (2).
| ||||||
17 | (C) The records of law enforcement officers, or of an | ||||||
18 | independent agency created by ordinance and charged by a unit | ||||||
19 | of local government with the duty of investigating the conduct | ||||||
20 | of law enforcement officers, concerning all minors under
17 | ||||||
21 | years of age must be maintained separate from the records of | ||||||
22 | arrests and
may not be open to public inspection or their | ||||||
23 | contents disclosed to the
public except by order of the court | ||||||
24 | presiding over matters pursuant to this Act or when the | ||||||
25 | institution of criminal
proceedings has been permitted or | ||||||
26 | required under Section
5-805 or such a person has been |
| |||||||
| |||||||
1 | convicted of a crime and is the
subject of
pre-sentence | ||||||
2 | investigation or proceedings on an application for probation
or | ||||||
3 | when provided by law. For purposes of obtaining documents | ||||||
4 | pursuant to this Section, a civil subpoena is not an order of | ||||||
5 | the court. | ||||||
6 | (1) In cases where the law enforcement, or independent | ||||||
7 | agency, records concern a pending juvenile court case, the | ||||||
8 | party seeking to inspect the records shall provide actual | ||||||
9 | notice to the attorney or guardian ad litem of the minor | ||||||
10 | whose records are sought. | ||||||
11 | (2) In cases where the records concern a juvenile court | ||||||
12 | case that is no longer pending, the party seeking to | ||||||
13 | inspect the records shall provide actual notice to the | ||||||
14 | minor or the minor's parent or legal guardian, and the | ||||||
15 | matter shall be referred to the chief judge presiding over | ||||||
16 | matters pursuant to this Act. | ||||||
17 | (3) In determining whether the records should be | ||||||
18 | available for inspection, the court shall consider the | ||||||
19 | minor's interest in confidentiality and rehabilitation | ||||||
20 | over the moving party's interest in obtaining the | ||||||
21 | information. Any records obtained in violation of this | ||||||
22 | subsection (C) shall not be admissible in any criminal or | ||||||
23 | civil proceeding, or operate to disqualify a minor from | ||||||
24 | subsequently holding public office or securing employment, | ||||||
25 | or operate as a forfeiture of any public benefit, right, | ||||||
26 | privilege, or right to receive any license granted by |
| |||||||
| |||||||
1 | public authority.
| ||||||
2 | (D) Nothing contained in subsection (C) of this Section | ||||||
3 | shall prohibit
the inspection or disclosure to victims and | ||||||
4 | witnesses of photographs
contained in the records of law | ||||||
5 | enforcement agencies when the
inspection and disclosure is | ||||||
6 | conducted in the presence of a law enforcement
officer for the | ||||||
7 | purpose of the identification or apprehension of any person
| ||||||
8 | subject to the provisions of this Act or for the investigation | ||||||
9 | or
prosecution of any crime.
| ||||||
10 | (E) Law enforcement officers, and personnel of an | ||||||
11 | independent agency created by ordinance and charged by a unit | ||||||
12 | of local government with the duty of investigating the conduct | ||||||
13 | of law enforcement officers, may not disclose the identity of | ||||||
14 | any minor
in releasing information to the general public as to | ||||||
15 | the arrest, investigation
or disposition of any case involving | ||||||
16 | a minor.
| ||||||
17 | (F) Nothing contained in this Section shall prohibit law | ||||||
18 | enforcement
agencies from communicating with each other by | ||||||
19 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
20 | other means the identity or other relevant
information | ||||||
21 | pertaining to a person under 17 years of age if there are
| ||||||
22 | reasonable grounds to believe that the person poses a real and | ||||||
23 | present danger
to the safety of the public or law enforcement | ||||||
24 | officers. The information
provided under this subsection (F) | ||||||
25 | shall remain confidential and shall not
be publicly disclosed, | ||||||
26 | except as otherwise allowed by law.
|
| |||||||
| |||||||
1 | (G) Nothing in this Section shall prohibit the right of a | ||||||
2 | Civil Service
Commission or appointing authority of any state, | ||||||
3 | county or municipality
examining the character and fitness of | ||||||
4 | an applicant for employment with a law
enforcement agency, | ||||||
5 | correctional institution, or fire department
from obtaining | ||||||
6 | and examining the
records of any law enforcement agency | ||||||
7 | relating to any record of the applicant
having been arrested or | ||||||
8 | taken into custody before the applicant's 17th
birthday.
| ||||||
9 | (Source: P.A. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12; | ||||||
10 | 97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; revised 9-20-12.)
| ||||||
11 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
12 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
13 | court records.
| ||||||
14 | (A) Inspection and copying of juvenile court records | ||||||
15 | relating to a minor
who is the subject of a proceeding under | ||||||
16 | this Act shall be restricted to the
following:
| ||||||
17 | (1) The minor who is the subject of record, his | ||||||
18 | parents, guardian
and counsel.
| ||||||
19 | (2) Law enforcement officers and law enforcement | ||||||
20 | agencies when such
information is essential to executing an | ||||||
21 | arrest or search warrant or other
compulsory process, or to | ||||||
22 | conducting an ongoing investigation
or relating to a minor | ||||||
23 | who
has been adjudicated delinquent and there has been a | ||||||
24 | previous finding that
the act which constitutes the | ||||||
25 | previous offense was committed in furtherance
of criminal |
| |||||||
| |||||||
1 | activities by a criminal street gang.
| ||||||
2 | Before July 1, 1994, for the purposes of this Section, | ||||||
3 | "criminal street
gang" means any ongoing
organization, | ||||||
4 | association, or group of 3 or more persons, whether formal | ||||||
5 | or
informal, having as one of its primary activities the | ||||||
6 | commission of one or
more criminal acts and that has a | ||||||
7 | common name or common identifying sign,
symbol or specific | ||||||
8 | color apparel displayed, and whose members individually
or | ||||||
9 | collectively engage in or have engaged in a pattern of | ||||||
10 | criminal activity.
| ||||||
11 | Beginning July 1, 1994, for purposes of this Section, | ||||||
12 | "criminal street
gang" has the meaning ascribed to it in | ||||||
13 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
14 | Prevention Act.
| ||||||
15 | (3) Judges, hearing officers, prosecutors, probation | ||||||
16 | officers, social
workers or other
individuals assigned by | ||||||
17 | the court to conduct a pre-adjudication or
predisposition | ||||||
18 | investigation, and individuals responsible for supervising
| ||||||
19 | or providing temporary or permanent care and custody for | ||||||
20 | minors pursuant
to the order of the juvenile court when | ||||||
21 | essential to performing their
responsibilities.
| ||||||
22 | (4) Judges, prosecutors and probation officers:
| ||||||
23 | (a) in the course of a trial when institution of | ||||||
24 | criminal proceedings
has been permitted or required | ||||||
25 | under Section 5-805; or
| ||||||
26 | (b) when criminal proceedings have been permitted
|
| |||||||
| |||||||
1 | or
required under Section 5-805 and a minor is the | ||||||
2 | subject of a
proceeding to
determine the amount of | ||||||
3 | bail; or
| ||||||
4 | (c) when criminal proceedings have been permitted
| ||||||
5 | or
required under Section 5-805 and a minor is the | ||||||
6 | subject of a
pre-trial
investigation, pre-sentence | ||||||
7 | investigation or fitness hearing, or
proceedings on an | ||||||
8 | application for probation; or
| ||||||
9 | (d) when a minor becomes 17 years of age or older, | ||||||
10 | and is the subject
of criminal proceedings, including a | ||||||
11 | hearing to determine the amount of
bail, a pre-trial | ||||||
12 | investigation, a pre-sentence investigation, a fitness
| ||||||
13 | hearing, or proceedings on an application for | ||||||
14 | probation.
| ||||||
15 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
16 | (6) Authorized military personnel.
| ||||||
17 | (7) Victims, their subrogees and legal | ||||||
18 | representatives; however, such
persons shall have access | ||||||
19 | only to the name and address of the minor and
information | ||||||
20 | pertaining to the disposition or alternative adjustment | ||||||
21 | plan
of the juvenile court.
| ||||||
22 | (8) Persons engaged in bona fide research, with the | ||||||
23 | permission of the
presiding judge of the juvenile court and | ||||||
24 | the chief executive of the agency
that prepared the | ||||||
25 | particular records; provided that publication of such
| ||||||
26 | research results in no disclosure of a minor's identity and |
| |||||||
| |||||||
1 | protects the
confidentiality of the record.
| ||||||
2 | (9) The Secretary of State to whom the Clerk of the | ||||||
3 | Court shall report
the disposition of all cases, as | ||||||
4 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
5 | However, information reported relative to these offenses | ||||||
6 | shall
be privileged and available only to the Secretary of | ||||||
7 | State, courts, and police
officers.
| ||||||
8 | (10) The administrator of a bonafide substance abuse | ||||||
9 | student
assistance program with the permission of the | ||||||
10 | presiding judge of the
juvenile court.
| ||||||
11 | (11) Mental health professionals on behalf of the | ||||||
12 | Illinois Department of
Corrections or the Department of | ||||||
13 | Human Services or prosecutors who are
evaluating, | ||||||
14 | prosecuting, or investigating a potential or actual | ||||||
15 | petition
brought
under the Sexually Violent Persons | ||||||
16 | Commitment Act relating to a person who is the
subject of
| ||||||
17 | juvenile court records or the respondent to a petition | ||||||
18 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
19 | who is the subject of juvenile
court records
sought. Any | ||||||
20 | records and any information obtained from those records | ||||||
21 | under this
paragraph (11) may be used only in sexually | ||||||
22 | violent persons commitment
proceedings.
| ||||||
23 | (A-1) Findings and exclusions of paternity entered in | ||||||
24 | proceedings occurring under Article II of this Act shall be | ||||||
25 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
26 | of the Juvenile Court, to the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services when necessary to discharge the duties of the | ||||||
2 | Department of Healthcare and Family Services under Article X of | ||||||
3 | the Illinois Public Aid Code. | ||||||
4 | (B) A minor who is the victim in a juvenile proceeding | ||||||
5 | shall be
provided the same confidentiality regarding | ||||||
6 | disclosure of identity as the
minor who is the subject of | ||||||
7 | record.
| ||||||
8 | (C) Except as otherwise provided in this subsection (C), | ||||||
9 | juvenile court
records shall not be made available to the | ||||||
10 | general public
but may be inspected by representatives of | ||||||
11 | agencies, associations and news
media or other properly | ||||||
12 | interested persons by general or special order of
the court | ||||||
13 | presiding over matters pursuant to this Act. | ||||||
14 | (0.1) In cases where the records concern a pending | ||||||
15 | juvenile court case, the party seeking to inspect the | ||||||
16 | juvenile court records shall provide actual notice to the | ||||||
17 | attorney or guardian ad litem of the minor whose records | ||||||
18 | are sought. | ||||||
19 | (0.2) In cases where the records concern a juvenile | ||||||
20 | court case that is no longer pending, the party seeking to | ||||||
21 | inspect the juvenile court records shall provide actual | ||||||
22 | notice to the minor or the minor's parent or legal | ||||||
23 | guardian, and the matter shall be referred to the chief | ||||||
24 | judge presiding over matters pursuant to this Act. | ||||||
25 | (0.3) In determining whether the records should be | ||||||
26 | available for inspection, the court shall consider the |
| |||||||
| |||||||
1 | minor's interest in confidentiality and rehabilitation | ||||||
2 | over the moving party's interest in obtaining the | ||||||
3 | information. The State's Attorney, the minor, and the | ||||||
4 | minor's parents, guardian, and counsel shall at all times | ||||||
5 | have the right to examine court files and records. For | ||||||
6 | purposes of obtaining documents pursuant to this Section, a | ||||||
7 | civil subpoena is not an order of the court. | ||||||
8 | (0.4) Any records obtained in violation of this | ||||||
9 | subsection (C) shall not be admissible in any criminal or | ||||||
10 | civil proceeding, or operate to disqualify a minor from | ||||||
11 | subsequently holding public office, or operate as a | ||||||
12 | forfeiture of any public benefit, right, privilege, or | ||||||
13 | right to receive any license granted by public authority.
| ||||||
14 | (1) The
court shall allow the general public to have | ||||||
15 | access to the name, address, and offense of a minor
who is | ||||||
16 | adjudicated a delinquent minor under this Act under either | ||||||
17 | of the
following circumstances:
| ||||||
18 | (A) The
adjudication of
delinquency was based upon | ||||||
19 | the
minor's
commission of first degree murder, attempt | ||||||
20 | to commit first degree
murder, aggravated criminal | ||||||
21 | sexual assault, or criminal sexual assault; or
| ||||||
22 | (B) The court has made a finding that the minor was | ||||||
23 | at least 13 years of
age
at the time the act was | ||||||
24 | committed and the adjudication of delinquency was | ||||||
25 | based
upon the minor's commission of: (i)
an act in | ||||||
26 | furtherance of the commission of a felony as a member |
| |||||||
| |||||||
1 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
2 | involving the use of a firearm in the commission of a
| ||||||
3 | felony, (iii) an act that would be a Class X felony | ||||||
4 | offense
under or
the minor's second or subsequent
Class | ||||||
5 | 2 or greater felony offense under the Cannabis Control | ||||||
6 | Act if committed by an adult,
(iv) an act that would be | ||||||
7 | a second or subsequent offense under Section 402 of
the | ||||||
8 | Illinois Controlled Substances Act if committed by an | ||||||
9 | adult, (v) an act
that would be an offense under | ||||||
10 | Section 401 of the Illinois Controlled
Substances Act | ||||||
11 | if committed by an adult, (vi) an act that would be a | ||||||
12 | second or subsequent offense under Section 60 of the | ||||||
13 | Methamphetamine Control and Community Protection Act, | ||||||
14 | or (vii) an act that would be an offense under another | ||||||
15 | Section of the Methamphetamine Control and Community | ||||||
16 | Protection Act.
| ||||||
17 | (2) The court
shall allow the general public to have | ||||||
18 | access to the name, address, and offense of a minor who is | ||||||
19 | at least 13 years of age at
the time the offense
is | ||||||
20 | committed and who is convicted, in criminal proceedings
| ||||||
21 | permitted or required under Section 5-4, under either of | ||||||
22 | the following
circumstances:
| ||||||
23 | (A) The minor has been convicted of first degree | ||||||
24 | murder, attempt
to commit first degree
murder, | ||||||
25 | aggravated criminal sexual
assault, or criminal sexual | ||||||
26 | assault,
|
| |||||||
| |||||||
1 | (B) The court has made a finding that the minor was | ||||||
2 | at least 13 years
of age
at the time the offense was | ||||||
3 | committed and the conviction was based upon the
minor's | ||||||
4 | commission of: (i)
an offense in
furtherance of the | ||||||
5 | commission of a felony as a member of or on behalf of a
| ||||||
6 | criminal street gang, (ii) an offense
involving the use | ||||||
7 | of a firearm in the commission of a felony, (iii)
a | ||||||
8 | Class X felony offense under or a second or subsequent | ||||||
9 | Class 2 or
greater felony offense under the Cannabis | ||||||
10 | Control Act, (iv) a
second or subsequent offense under | ||||||
11 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
12 | (v) an offense under Section 401 of the Illinois
| ||||||
13 | Controlled Substances Act, (vi) an act that would be a | ||||||
14 | second or subsequent offense under Section 60 of the | ||||||
15 | Methamphetamine Control and Community Protection Act, | ||||||
16 | or (vii) an act that would be an offense under another | ||||||
17 | Section of the Methamphetamine Control and Community | ||||||
18 | Protection Act.
| ||||||
19 | (D) Pending or following any adjudication of delinquency | ||||||
20 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
21 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 ,
the victim of any such offense shall | ||||||
23 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
24 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
25 | juvenile who is the subject of the adjudication, | ||||||
26 | notwithstanding any other
provision of this Act, shall be |
| |||||||
| |||||||
1 | treated
as an adult for the purpose of affording such rights to | ||||||
2 | the victim.
| ||||||
3 | (E) Nothing in this Section shall affect the right of a | ||||||
4 | Civil Service
Commission or appointing authority of any state, | ||||||
5 | county or municipality
examining the character and fitness of
| ||||||
6 | an applicant for employment with a law enforcement
agency, | ||||||
7 | correctional institution, or fire department to
ascertain
| ||||||
8 | whether that applicant was ever adjudicated to be a delinquent | ||||||
9 | minor and,
if so, to examine the records of disposition or | ||||||
10 | evidence which were made in
proceedings under this Act.
| ||||||
11 | (F) Following any adjudication of delinquency for a crime | ||||||
12 | which would be
a felony if committed by an adult, or following | ||||||
13 | any adjudication of delinquency
for a violation of Section | ||||||
14 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 , the State's Attorney shall ascertain
| ||||||
16 | whether the minor respondent is enrolled in school and, if so, | ||||||
17 | shall provide
a copy of the dispositional order to the | ||||||
18 | principal or chief administrative
officer of the school. Access | ||||||
19 | to such juvenile records shall be limited
to the principal or | ||||||
20 | chief administrative officer of the school and any guidance
| ||||||
21 | counselor designated by him.
| ||||||
22 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
23 | disclosure of information or records relating or pertaining to | ||||||
24 | juveniles
subject to the provisions of the Serious Habitual | ||||||
25 | Offender Comprehensive
Action Program when that information is | ||||||
26 | used to assist in the early
identification and treatment of |
| |||||||
| |||||||
1 | habitual juvenile offenders.
| ||||||
2 | (H) When a Court hearing a proceeding under Article II of | ||||||
3 | this Act becomes
aware that an earlier proceeding under Article | ||||||
4 | II had been heard in a different
county, that Court shall | ||||||
5 | request, and the Court in which the earlier
proceedings were | ||||||
6 | initiated shall transmit, an authenticated copy of the Court
| ||||||
7 | record, including all documents, petitions, and orders filed | ||||||
8 | therein and the
minute orders, transcript of proceedings, and | ||||||
9 | docket entries of the Court.
| ||||||
10 | (I) The Clerk of the Circuit Court shall report to the | ||||||
11 | Department of
State
Police, in the form and manner required by | ||||||
12 | the Department of State Police, the
final disposition of each | ||||||
13 | minor who has been arrested or taken into custody
before his or | ||||||
14 | her 17th birthday for those offenses required to be reported
| ||||||
15 | under Section 5 of the Criminal Identification Act. Information | ||||||
16 | reported to
the Department under this Section may be maintained | ||||||
17 | with records that the
Department files under Section 2.1 of the | ||||||
18 | Criminal Identification Act.
| ||||||
19 | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||||||
20 | 97-813, eff. 7-13-12.)
| ||||||
21 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||||||
22 | Sec. 2-3. Neglected or abused minor. | ||||||
23 | (1) Those who are neglected include: | ||||||
24 | (a) any minor under 18 years of age who is not | ||||||
25 | receiving
the proper or necessary support, education as
|
| |||||||
| |||||||
1 | required by law, or medical or other remedial care | ||||||
2 | recognized under
State law as necessary for a minor's | ||||||
3 | well-being, or other care necessary
for his or her | ||||||
4 | well-being, including adequate food, clothing and shelter,
| ||||||
5 | or who is abandoned by his or her parent or parents or | ||||||
6 | other person or persons responsible for
the minor's | ||||||
7 | welfare, except that a minor shall not be considered | ||||||
8 | neglected
for the sole reason that the minor's parent or | ||||||
9 | parents or other person or persons responsible for the
| ||||||
10 | minor's welfare have left the minor in the care of an adult | ||||||
11 | relative for any
period of time, who the parent or parents | ||||||
12 | or other person responsible for the minor's welfare know is | ||||||
13 | both a mentally capable adult relative and physically | ||||||
14 | capable adult relative, as defined by this Act; or | ||||||
15 | (b) any minor under 18 years of age 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 in | ||||||
19 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
20 | Substances Act, as now or hereafter amended, or a
| ||||||
21 | metabolite of a controlled substance, with the exception of | ||||||
22 | controlled
substances or metabolites of such substances, | ||||||
23 | the presence of which in the
newborn infant is the result | ||||||
24 | of medical treatment administered to the
mother or the | ||||||
25 | newborn infant; or | ||||||
26 | (d) any minor under the age of 14 years whose parent or |
| |||||||
| |||||||
1 | other person
responsible for the minor's welfare leaves the | ||||||
2 | minor without
supervision for an unreasonable period of | ||||||
3 | 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 crisis | ||||||
6 | intervention
services under Section 3-5 of this Act and | ||||||
7 | whose parent, guardian, or custodian
refuses to permit the | ||||||
8 | 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 or | ||||||
12 | physical health,
safety, or welfare of that minor or the period | ||||||
13 | of time was unreasonable shall
be determined by considering the | ||||||
14 | following factors, including but not limited
to: | ||||||
15 | (1) the age of the minor; | ||||||
16 | (2) the number of minors left at the location; | ||||||
17 | (3) special needs of the minor, including whether the | ||||||
18 | minor is physically
or mentally handicapped, or otherwise | ||||||
19 | in need of ongoing prescribed medical
treatment such as | ||||||
20 | periodic doses of insulin or other medications; | ||||||
21 | (4) the duration of time in which the minor was left | ||||||
22 | without supervision; | ||||||
23 | (5) the condition and location of the place where the | ||||||
24 | minor was left
without supervision; | ||||||
25 | (6) the time of day or night when the minor was left | ||||||
26 | without supervision; |
| |||||||
| |||||||
1 | (7) the weather conditions, including whether the | ||||||
2 | minor was left in a
location with adequate protection from | ||||||
3 | the natural elements such as adequate
heat or light; | ||||||
4 | (8) the location of the parent or guardian at the time | ||||||
5 | the minor was left
without supervision, the physical | ||||||
6 | distance the minor was from the parent or
guardian at the | ||||||
7 | time the minor was without supervision; | ||||||
8 | (9) whether the minor's movement was restricted, or the | ||||||
9 | minor was
otherwise locked within a room or other | ||||||
10 | structure; | ||||||
11 | (10) whether the minor was given a phone number of a | ||||||
12 | person or location to
call in the event of an emergency and | ||||||
13 | whether the minor was capable of making
an emergency call; | ||||||
14 | (11) whether there was food and other provision left | ||||||
15 | for the minor; | ||||||
16 | (12) whether any of the conduct is attributable to | ||||||
17 | economic hardship or
illness and the parent, guardian or | ||||||
18 | other person having physical custody or
control of the | ||||||
19 | child made a good faith effort to provide for the health | ||||||
20 | and
safety of the minor; | ||||||
21 | (13) the age and physical and mental capabilities of | ||||||
22 | the person or persons
who provided supervision for the | ||||||
23 | minor; | ||||||
24 | (14) whether the minor was left under the supervision | ||||||
25 | of another person; | ||||||
26 | (15) any other factor that would endanger the health |
| |||||||
| |||||||
1 | and safety of that
particular minor. | ||||||
2 | A minor shall not be considered neglected for the sole | ||||||
3 | reason that the
minor has been relinquished in accordance with | ||||||
4 | the Abandoned Newborn Infant
Protection Act. | ||||||
5 | (2) Those who are abused include any minor under 18 years | ||||||
6 | of age whose
parent or immediate family member, or any person | ||||||
7 | responsible
for the minor's welfare, or any person who is in | ||||||
8 | the same family or household
as the minor, or any individual | ||||||
9 | residing in the same home as the minor, or
a paramour of the | ||||||
10 | minor's parent: | ||||||
11 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
12 | inflicted upon
such minor physical injury, by other than | ||||||
13 | accidental means, which causes death,
disfigurement, | ||||||
14 | impairment of physical or emotional health, or loss or
| ||||||
15 | impairment of any bodily function; | ||||||
16 | (ii) creates a substantial risk of physical injury to | ||||||
17 | such minor by
other than accidental means which would be | ||||||
18 | likely to cause death,
disfigurement, impairment of | ||||||
19 | emotional health, or loss or impairment of any
bodily | ||||||
20 | function; | ||||||
21 | (iii) commits or allows to be committed any sex offense | ||||||
22 | against such
minor, as such sex offenses are defined in the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 , as
| ||||||
24 | amended, or in the Wrongs to Children Act, and extending | ||||||
25 | those definitions of sex offenses to include minors
under | ||||||
26 | 18 years of age; |
| |||||||
| |||||||
1 | (iv) commits or allows to be committed an act or acts | ||||||
2 | of torture upon
such minor; | ||||||
3 | (v) inflicts excessive corporal punishment; | ||||||
4 | (vi) commits or allows to be committed the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
8 | upon such minor; or | ||||||
9 | (vii) allows, encourages or requires a minor to commit | ||||||
10 | any act of prostitution, as defined in the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 , and extending those | ||||||
12 | definitions to include minors under 18 years of age. | ||||||
13 | A minor shall not be considered abused for the sole reason | ||||||
14 | that the minor
has been relinquished in accordance with the | ||||||
15 | Abandoned Newborn Infant
Protection Act. | ||||||
16 | (3) This Section does not apply to a minor who would be | ||||||
17 | included
herein solely for the purpose of qualifying for | ||||||
18 | financial assistance for
himself, his parents, guardian or | ||||||
19 | custodian. | ||||||
20 | (Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10; | ||||||
21 | 97-897, eff. 1-1-13.)
| ||||||
22 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
23 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
24 | the
minor before the court at the temporary custody hearing, | ||||||
25 | all
witnesses present shall be examined before the court in |
| |||||||
| |||||||
1 | relation to any
matter connected with the allegations made in | ||||||
2 | the petition.
| ||||||
3 | (1) If the court finds that there is not probable cause to | ||||||
4 | believe
that the minor is abused, neglected or dependent it | ||||||
5 | shall release
the minor and dismiss the petition.
| ||||||
6 | (2) If the court finds that there is probable cause to | ||||||
7 | believe that
the minor is abused, neglected or dependent, the | ||||||
8 | court shall state in writing
the factual basis supporting its | ||||||
9 | finding and the minor, his or her parent,
guardian, custodian | ||||||
10 | and other persons able to give relevant testimony
shall be | ||||||
11 | examined before the court. The Department of Children and
| ||||||
12 | Family Services shall give testimony concerning indicated | ||||||
13 | reports of abuse
and neglect, of which they are aware of | ||||||
14 | through the central registry,
involving the minor's parent, | ||||||
15 | guardian or custodian. After such
testimony, the court may, | ||||||
16 | consistent with
the health,
safety and best interests of the | ||||||
17 | minor,
enter an order that the minor shall be released
upon the | ||||||
18 | request of parent, guardian or custodian if the parent, | ||||||
19 | guardian
or custodian appears to take custody. If it is | ||||||
20 | determined that a parent's, guardian's, or custodian's | ||||||
21 | compliance with critical services mitigates the necessity for | ||||||
22 | removal of the minor from his or her home, the court may enter | ||||||
23 | an Order of Protection setting forth reasonable conditions of | ||||||
24 | behavior that a parent, guardian, or custodian must observe for | ||||||
25 | a specified period of time, not to exceed 12 months, without a | ||||||
26 | violation; provided, however, that the 12-month period shall |
| |||||||
| |||||||
1 | begin anew after any violation. Custodian shall include any | ||||||
2 | agency of
the State which has been given custody or wardship of | ||||||
3 | the child. If it is
consistent with the health, safety and best | ||||||
4 | interests of the
minor, the
court may also prescribe shelter | ||||||
5 | care and
order that the minor be kept in a suitable place | ||||||
6 | designated by the court or in
a shelter care facility | ||||||
7 | designated by the Department of Children and Family
Services or | ||||||
8 | a licensed child welfare
agency; however, a minor charged with | ||||||
9 | a
criminal offense under the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 or adjudicated delinquent
shall not be | ||||||
11 | placed in the custody of or committed to the Department of
| ||||||
12 | Children and Family Services by any court, except a minor less | ||||||
13 | than 15
years of age and committed to the Department of | ||||||
14 | Children and Family Services
under Section 5-710 of this Act or | ||||||
15 | a minor for whom an independent
basis of
abuse, neglect, or | ||||||
16 | dependency exists.
An independent basis exists when the | ||||||
17 | allegations or adjudication of abuse, neglect, or dependency do | ||||||
18 | not arise from the same facts, incident, or circumstances which | ||||||
19 | give rise to a charge or adjudication of delinquency.
| ||||||
20 | In placing the minor, the Department or other
agency shall, | ||||||
21 | to the extent
compatible with the court's order, comply with | ||||||
22 | Section 7 of the Children and
Family Services Act.
In | ||||||
23 | determining
the health, safety and best interests of the minor | ||||||
24 | to prescribe shelter
care, the court must
find that it is a | ||||||
25 | matter of immediate and urgent necessity for the safety
and | ||||||
26 | protection
of the minor or of the person or property of another |
| |||||||
| |||||||
1 | that the minor be placed
in a shelter care facility or that he | ||||||
2 | or she is likely to flee the jurisdiction
of the court, and | ||||||
3 | must further find that reasonable efforts have been made or
| ||||||
4 | that, consistent with the health, safety and best interests of
| ||||||
5 | the minor, no efforts reasonably can be made to
prevent or | ||||||
6 | eliminate the necessity of removal of the minor from his or her
| ||||||
7 | home. The court shall require documentation from the Department | ||||||
8 | of Children and
Family Services as to the reasonable efforts | ||||||
9 | that were made to prevent or
eliminate the necessity of removal | ||||||
10 | of the minor from his or her home or the
reasons why no efforts | ||||||
11 | reasonably could be made to prevent or eliminate the
necessity | ||||||
12 | of removal. When a minor is placed in the home of a relative, | ||||||
13 | the
Department of Children and Family Services shall complete a | ||||||
14 | preliminary
background review of the members of the minor's | ||||||
15 | custodian's household in
accordance with Section 4.3 of the | ||||||
16 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
17 | minor is ordered placed in a shelter care facility of
the | ||||||
18 | Department of Children and
Family Services or a licensed child | ||||||
19 | welfare agency, the court shall, upon
request of the | ||||||
20 | appropriate Department or other agency, appoint the
Department | ||||||
21 | of Children and Family Services Guardianship Administrator or
| ||||||
22 | other appropriate agency executive temporary custodian of the | ||||||
23 | minor and the
court may enter such other orders related to the | ||||||
24 | temporary custody as it
deems fit and proper, including the | ||||||
25 | provision of services to the minor or
his family to ameliorate | ||||||
26 | the causes contributing to the finding of probable
cause or to |
| |||||||
| |||||||
1 | the finding of the existence of immediate and urgent necessity.
| ||||||
2 | Where the Department of Children and Family Services | ||||||
3 | Guardianship Administrator is appointed as the executive | ||||||
4 | temporary custodian, the Department of Children and Family | ||||||
5 | Services shall file with the court and serve on the parties a | ||||||
6 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
7 | and holidays, after the appointment. The parent-child visiting | ||||||
8 | plan shall set out the time and place of visits, the frequency | ||||||
9 | of visits, the length of visits, who shall be present at the | ||||||
10 | visits, and where appropriate, the minor's opportunities to | ||||||
11 | have telephone and mail communication with the parents. | ||||||
12 | Where the Department of Children and Family Services | ||||||
13 | Guardianship Administrator is
appointed as the executive | ||||||
14 | temporary custodian, and when the child has siblings in care,
| ||||||
15 | the Department of Children and Family Services shall file with | ||||||
16 | the court and serve on the
parties a sibling placement and | ||||||
17 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
18 | after the appointment. The sibling placement and contact plan | ||||||
19 | shall set forth
whether the siblings are placed together, and | ||||||
20 | if they are not placed together, what, if any,
efforts are | ||||||
21 | being made to place them together. If the Department has | ||||||
22 | determined that it is
not in a child's best interest to be | ||||||
23 | placed with a sibling, the Department shall document in
the | ||||||
24 | sibling placement and contact plan the basis for its | ||||||
25 | determination. For siblings placed
separately, the sibling | ||||||
26 | placement and contact plan shall set the time and place for |
| |||||||
| |||||||
1 | visits,
the frequency of the visits, the length of visits, who | ||||||
2 | shall be present for the visits, and
where appropriate, the | ||||||
3 | child's opportunities to have contact with their siblings in | ||||||
4 | addition to
in person contact. If the Department determines it | ||||||
5 | is not in the best interest of a sibling to
have contact with a | ||||||
6 | sibling, the Department shall document in the sibling placement | ||||||
7 | and
contact plan the basis for its determination. The sibling | ||||||
8 | placement and contact plan shall
specify a date for development | ||||||
9 | of the Sibling Contact Support Plan, under subsection (f) of | ||||||
10 | Section 7.4 of the Children and Family Services Act, and shall | ||||||
11 | remain in effect until the Sibling Contact Support Plan is | ||||||
12 | developed. | ||||||
13 | For good cause, the court may waive the requirement to | ||||||
14 | file the parent-child visiting plan or the sibling placement | ||||||
15 | and contact plan, or extend the time for filing either plan. | ||||||
16 | Any party may, by motion, request the court to review the | ||||||
17 | parent-child visiting plan to determine whether it is | ||||||
18 | reasonably calculated to expeditiously facilitate the | ||||||
19 | achievement of the permanency goal. A party may, by motion, | ||||||
20 | request the court to review the parent-child visiting plan or | ||||||
21 | the sibling placement and contact plan to determine whether it | ||||||
22 | is consistent with the minor's best interest. The court may | ||||||
23 | refer the parties to mediation where available. The frequency, | ||||||
24 | duration, and locations of visitation shall be measured by the | ||||||
25 | needs of the child and family, and not by the convenience of | ||||||
26 | Department personnel. Child development principles shall be |
| |||||||
| |||||||
1 | considered by the court in its analysis of how frequent | ||||||
2 | visitation should be, how long it should last, where it should | ||||||
3 | take place, and who should be present. If upon motion of the | ||||||
4 | party to review either plan and after receiving evidence, the | ||||||
5 | court determines that the parent-child visiting plan is not | ||||||
6 | reasonably calculated to expeditiously facilitate the | ||||||
7 | achievement of the permanency goal or that the restrictions | ||||||
8 | placed on parent-child contact or sibling placement or contact | ||||||
9 | are contrary to the child's best interests, the court shall put | ||||||
10 | in writing the factual basis supporting the determination and | ||||||
11 | enter specific findings based on the evidence. The court shall | ||||||
12 | enter an order for the Department to implement changes to the | ||||||
13 | parent-child visiting plan or sibling placement or contact | ||||||
14 | plan, consistent with the court's findings. At any stage of | ||||||
15 | proceeding, any party may by motion request the court to enter | ||||||
16 | any orders necessary to implement the parent-child visiting | ||||||
17 | plan, sibling placement or contact plan or subsequently | ||||||
18 | developed Sibling Contact Support Plan. Nothing under this | ||||||
19 | subsection (2) shall restrict the court from granting | ||||||
20 | discretionary authority to the Department to increase | ||||||
21 | opportunities for additional parent-child contacts or sibling | ||||||
22 | contacts, without further court orders. Nothing in this | ||||||
23 | subsection (2) shall restrict the Department from immediately | ||||||
24 | restricting or terminating parent-child contact or sibling | ||||||
25 | contacts, without either amending the parent-child visiting | ||||||
26 | plan or the sibling contact plan or obtaining a court order, |
| |||||||
| |||||||
1 | where the Department or its assigns reasonably believe that | ||||||
2 | continuation of the contact, as set out in the plan, would be | ||||||
3 | contrary to the child's health, safety, and welfare. The | ||||||
4 | Department shall file with the court and serve on the parties | ||||||
5 | any amendments to the plan within 10 days, excluding weekends | ||||||
6 | and holidays, of the change of the visitation.
| ||||||
7 | Acceptance of services shall not be considered an admission | ||||||
8 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
9 | may a referral of
services be considered as evidence in any | ||||||
10 | proceeding pursuant to this Act,
except where the issue is | ||||||
11 | whether the Department has made reasonable
efforts to reunite | ||||||
12 | the family. In making its findings that it is
consistent with | ||||||
13 | the health, safety and best
interests of the minor to prescribe | ||||||
14 | shelter care, the court shall state in
writing (i) the factual | ||||||
15 | basis supporting its findings concerning the
immediate and | ||||||
16 | urgent necessity for the protection of the minor or of the | ||||||
17 | person
or property of another and (ii) the factual basis | ||||||
18 | supporting its findings that
reasonable efforts were made to | ||||||
19 | prevent or eliminate the removal of the minor
from his or her | ||||||
20 | home or that no efforts reasonably could be made to prevent or
| ||||||
21 | eliminate the removal of the minor from his or her home. The
| ||||||
22 | parents, guardian, custodian, temporary custodian and minor | ||||||
23 | shall each be
furnished a copy of such written findings. The | ||||||
24 | temporary custodian shall
maintain a copy of the court order | ||||||
25 | and written findings in the case record
for the child. The | ||||||
26 | order together with the court's findings of fact in
support |
| |||||||
| |||||||
1 | thereof shall be entered of record in the court.
| ||||||
2 | Once the court finds that it is a matter of immediate and | ||||||
3 | urgent necessity
for the protection of the minor that the minor | ||||||
4 | be placed in a shelter care
facility, the minor shall not be | ||||||
5 | returned to the parent, custodian or guardian
until the court | ||||||
6 | finds that such placement is no longer necessary for the
| ||||||
7 | protection of the minor.
| ||||||
8 | If the child is placed in the temporary custody of the | ||||||
9 | Department of
Children
and Family
Services for his or her | ||||||
10 | protection, the court shall admonish the parents,
guardian,
| ||||||
11 | custodian or responsible relative that the parents must | ||||||
12 | cooperate with the
Department of Children and Family Services, | ||||||
13 | comply
with the terms of the service plans, and correct the | ||||||
14 | conditions which require
the child to be in care, or risk | ||||||
15 | termination of their parental
rights.
| ||||||
16 | (3) If prior to the shelter care hearing for a minor | ||||||
17 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
18 | unable to serve notice on the
party respondent, the shelter | ||||||
19 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
20 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
21 | issuance and shall be filed with the clerk's office and entered | ||||||
22 | of
record. The order shall expire after 10 days from the time | ||||||
23 | it is issued
unless before its expiration it is renewed, at a | ||||||
24 | hearing upon appearance
of the party respondent, or upon an | ||||||
25 | affidavit of the moving party as to all
diligent efforts to | ||||||
26 | notify the party respondent by notice as herein
prescribed. The |
| |||||||
| |||||||
1 | notice prescribed shall be in writing and shall be
personally | ||||||
2 | delivered to the minor or the minor's attorney and to the last
| ||||||
3 | known address of the other person or persons entitled to | ||||||
4 | notice. The
notice shall also state the nature of the | ||||||
5 | allegations, the nature of the
order sought by the State, | ||||||
6 | including whether temporary custody is sought,
and the | ||||||
7 | consequences of failure to appear and shall contain a notice
| ||||||
8 | that the parties will not be entitled to further written | ||||||
9 | notices or publication
notices of proceedings in this case, | ||||||
10 | including the filing of an amended
petition or a motion to | ||||||
11 | terminate parental rights, except as required by
Supreme Court | ||||||
12 | Rule 11; and shall explain the
right of
the parties and the | ||||||
13 | procedures to vacate or modify a shelter care order as
provided | ||||||
14 | in this Section. The notice for a shelter care hearing shall be
| ||||||
15 | substantially as follows:
| ||||||
16 | NOTICE TO PARENTS AND CHILDREN
| ||||||
17 | OF SHELTER CARE HEARING
| ||||||
18 | On ................ at ........., before the Honorable | ||||||
19 | ................,
(address:) ................., the State | ||||||
20 | of Illinois will present evidence
(1) that (name of child | ||||||
21 | or children) ....................... are abused,
neglected | ||||||
22 | or dependent for the following reasons:
| ||||||
23 | ..............................................
and (2) | ||||||
24 | whether there is "immediate and urgent necessity" to remove | ||||||
25 | the child
or children from the responsible relative.
| ||||||
26 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN |
| |||||||
| |||||||
1 | PLACEMENT of the
child or children in foster care until a | ||||||
2 | trial can be held. A trial may
not be held for up to 90 | ||||||
3 | days. You will not be entitled to further notices
of | ||||||
4 | proceedings in this case, including the filing of an | ||||||
5 | amended petition or a
motion to terminate parental rights.
| ||||||
6 | At the shelter care hearing, parents have the following | ||||||
7 | rights:
| ||||||
8 | 1. To ask the court to appoint a lawyer if they | ||||||
9 | cannot afford one.
| ||||||
10 | 2. To ask the court to continue the hearing to | ||||||
11 | allow them time to
prepare.
| ||||||
12 | 3. To present evidence concerning:
| ||||||
13 | a. Whether or not the child or children were | ||||||
14 | abused, neglected
or dependent.
| ||||||
15 | b. Whether or not there is "immediate and | ||||||
16 | urgent necessity" to remove
the child from home | ||||||
17 | (including: their ability to care for the child,
| ||||||
18 | conditions in the home, alternative means of | ||||||
19 | protecting the child other
than removal).
| ||||||
20 | c. The best interests of the child.
| ||||||
21 | 4. To cross examine the State's witnesses.
| ||||||
22 | The Notice for rehearings shall be substantially as | ||||||
23 | follows:
| ||||||
24 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
25 | TO REHEARING ON TEMPORARY CUSTODY
|
| |||||||
| |||||||
1 | If you were not present at and did not have adequate | ||||||
2 | notice of the
Shelter Care Hearing at which temporary | ||||||
3 | custody of ............... was
awarded to | ||||||
4 | ................, you have the right to request a full | ||||||
5 | rehearing
on whether the State should have temporary | ||||||
6 | custody of ................. To
request this rehearing, | ||||||
7 | you must file with the Clerk of the Juvenile Court
| ||||||
8 | (address): ........................, in person or by | ||||||
9 | mailing a statement
(affidavit) setting forth the | ||||||
10 | following:
| ||||||
11 | 1. That you were not present at the shelter care | ||||||
12 | hearing.
| ||||||
13 | 2. That you did not get adequate notice (explaining | ||||||
14 | how the notice
was inadequate).
| ||||||
15 | 3. Your signature.
| ||||||
16 | 4. Signature must be notarized.
| ||||||
17 | The rehearing should be scheduled within 48 hours of | ||||||
18 | your filing this
affidavit.
| ||||||
19 | At the rehearing, your rights are the same as at the | ||||||
20 | initial shelter care
hearing. The enclosed notice explains | ||||||
21 | those rights.
| ||||||
22 | At the Shelter Care Hearing, children have the | ||||||
23 | following rights:
| ||||||
24 | 1. To have a guardian ad litem appointed.
| ||||||
25 | 2. To be declared competent as a witness and to | ||||||
26 | present testimony
concerning:
|
| |||||||
| |||||||
1 | a. Whether they are abused, neglected or | ||||||
2 | dependent.
| ||||||
3 | b. Whether there is "immediate and urgent | ||||||
4 | necessity" to be
removed from home.
| ||||||
5 | c. Their best interests.
| ||||||
6 | 3. To cross examine witnesses for other parties.
| ||||||
7 | 4. To obtain an explanation of any proceedings and | ||||||
8 | orders of the
court.
| ||||||
9 | (4) If the parent, guardian, legal custodian, responsible | ||||||
10 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
11 | have actual notice of
or was not present at the shelter care | ||||||
12 | hearing, he or she may file an
affidavit setting forth these | ||||||
13 | facts, and the clerk shall set the matter for
rehearing not | ||||||
14 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
15 | after the filing of the affidavit. At the rehearing, the court | ||||||
16 | shall
proceed in the same manner as upon the original hearing.
| ||||||
17 | (5) Only when there is reasonable cause to believe that the | ||||||
18 | minor
taken into custody is a person described in subsection | ||||||
19 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
20 | detention home or county or municipal jail. This
Section shall | ||||||
21 | in no way be construed to limit subsection (6).
| ||||||
22 | (6) No minor under 16 years of age may be confined in a | ||||||
23 | jail or place
ordinarily used for the confinement of prisoners | ||||||
24 | in a police station. Minors
under 17 years of age must be kept | ||||||
25 | separate from confined adults and may
not at any time be kept | ||||||
26 | in the same cell, room, or yard with adults confined
pursuant |
| |||||||
| |||||||
1 | to the criminal law.
| ||||||
2 | (7) If the minor is not brought before a judicial officer | ||||||
3 | within the
time period as specified in Section 2-9, the minor | ||||||
4 | must immediately be
released from custody.
| ||||||
5 | (8) If neither the parent, guardian or custodian appears | ||||||
6 | within 24
hours to take custody of a minor released upon | ||||||
7 | request pursuant to
subsection (2) of this Section, then the | ||||||
8 | clerk of the court shall set the
matter for rehearing not later | ||||||
9 | than 7 days after the original order and
shall issue a summons | ||||||
10 | directed to the parent, guardian or custodian to
appear. At the | ||||||
11 | same time the probation department shall prepare a report
on | ||||||
12 | the minor. If a parent, guardian or custodian does not appear | ||||||
13 | at such
rehearing, the judge may enter an order prescribing | ||||||
14 | that the minor be kept
in a suitable place designated by the | ||||||
15 | Department of Children and Family
Services or a licensed child | ||||||
16 | welfare agency.
| ||||||
17 | (9) Notwithstanding any other provision of this
Section any | ||||||
18 | interested party, including the State, the temporary
| ||||||
19 | custodian, an agency providing services to the minor or family | ||||||
20 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
21 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
22 | representatives, on notice
to all parties entitled to notice, | ||||||
23 | may file a motion that it is in the best
interests of the minor | ||||||
24 | to modify or vacate a
temporary custody order on any of the | ||||||
25 | following grounds:
| ||||||
26 | (a) It is no longer a matter of immediate and urgent |
| |||||||
| |||||||
1 | necessity that the
minor remain in shelter care; or
| ||||||
2 | (b) There is a material change in the circumstances of | ||||||
3 | the natural
family from which the minor was removed and the | ||||||
4 | child can be cared for at
home without endangering the | ||||||
5 | child's health or safety; or
| ||||||
6 | (c) A person not a party to the alleged abuse, neglect | ||||||
7 | or dependency,
including a parent, relative or legal | ||||||
8 | guardian, is capable of assuming
temporary custody of the | ||||||
9 | minor; or
| ||||||
10 | (d) Services provided by the Department of Children and | ||||||
11 | Family Services
or a child welfare agency or other service | ||||||
12 | provider have been successful in
eliminating the need for | ||||||
13 | temporary custody and the child can be cared for at
home | ||||||
14 | without endangering the child's health or safety.
| ||||||
15 | In ruling on the motion, the court shall determine whether | ||||||
16 | it is consistent
with the health, safety and best interests of | ||||||
17 | the minor to modify
or vacate a temporary custody order.
| ||||||
18 | The clerk shall set the matter for hearing not later than | ||||||
19 | 14 days after
such motion is filed. In the event that the court | ||||||
20 | modifies or vacates a
temporary custody order but does not | ||||||
21 | vacate its finding of probable cause,
the court may order that | ||||||
22 | appropriate services be continued or initiated in
behalf of the | ||||||
23 | minor and his or her family.
| ||||||
24 | (10) When the court finds or has found that there is | ||||||
25 | probable cause to
believe a minor is an abused minor as | ||||||
26 | described in subsection (2) of Section
2-3
and that there is an |
| |||||||
| |||||||
1 | immediate and urgent necessity for the abused minor to be
| ||||||
2 | placed in shelter care, immediate and urgent necessity shall be | ||||||
3 | presumed for
any other minor residing in the same household as | ||||||
4 | the abused minor provided:
| ||||||
5 | (a) Such other minor is the subject of an abuse or | ||||||
6 | neglect petition
pending before the court; and
| ||||||
7 | (b) A party to the petition is seeking shelter care for | ||||||
8 | such other minor.
| ||||||
9 | Once the presumption of immediate and urgent necessity has | ||||||
10 | been raised, the
burden of demonstrating the lack of immediate | ||||||
11 | and urgent necessity shall be on
any party that is opposing | ||||||
12 | shelter care for the other minor.
| ||||||
13 | (Source: P.A. 97-1076, eff. 8-24-12.)
| ||||||
14 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| ||||||
15 | Sec. 2-13. Petition.
| ||||||
16 | (1) Any adult person, any agency or association by its
| ||||||
17 | representative may file, or the court on its own motion, | ||||||
18 | consistent with the
health, safety and best interests of the | ||||||
19 | minor may direct the
filing through the State's Attorney of a | ||||||
20 | petition in respect of a minor
under this Act. The petition and | ||||||
21 | all subsequent court documents shall be
entitled "In the | ||||||
22 | interest of ...., a minor".
| ||||||
23 | (2) The petition shall be verified but the statements may | ||||||
24 | be made
upon information and belief. It shall allege that the | ||||||
25 | minor is
abused, neglected, or dependent, with citations to the |
| |||||||
| |||||||
1 | appropriate
provisions of this Act,
and set forth (a) facts | ||||||
2 | sufficient to bring the minor
under Section 2-3 or 2-4 and to | ||||||
3 | inform respondents of the cause of action,
including, but not | ||||||
4 | limited to, a plain and concise statement of the factual
| ||||||
5 | allegations that form the basis for the filing of the petition; | ||||||
6 | (b) the name,
age and residence of the minor; (c) the names and | ||||||
7 | residences of his parents;
(d) the name and residence of his
| ||||||
8 | legal guardian or the person or persons having custody or | ||||||
9 | control of the
minor, or of the nearest known relative if no | ||||||
10 | parent or guardian can be
found; and (e) if the minor upon | ||||||
11 | whose behalf the petition is brought is
sheltered in custody, | ||||||
12 | the date on which such temporary custody
was ordered by the
| ||||||
13 | court or the date set for a temporary custody hearing. If any | ||||||
14 | of the facts
herein required are not known by the petitioner, | ||||||
15 | the petition shall so
state.
| ||||||
16 | (3) The petition must allege that it is in the best | ||||||
17 | interests of the
minor and of the public that he be adjudged a | ||||||
18 | ward of the court and may
pray generally for relief available | ||||||
19 | under this Act. The petition need
not specify any proposed | ||||||
20 | disposition following adjudication of wardship. The petition | ||||||
21 | may request that the minor remain in the custody of the parent, | ||||||
22 | guardian, or custodian under an Order of Protection.
| ||||||
23 | (4) If termination of parental rights and appointment of a | ||||||
24 | guardian of the
person with power to consent to adoption of the | ||||||
25 | minor under Section 2-29 is
sought, the petition shall so | ||||||
26 | state. If the petition includes this request,
the prayer for |
| |||||||
| |||||||
1 | relief shall clearly and obviously state that the parents could
| ||||||
2 | permanently lose their rights as a parent at this hearing.
| ||||||
3 | In addition to the foregoing, the petitioner, by motion, | ||||||
4 | may request the
termination of parental rights and appointment | ||||||
5 | of a guardian of the person with
power to consent to adoption | ||||||
6 | of the minor under Section 2-29 at any time after
the entry of | ||||||
7 | a dispositional order under Section 2-22.
| ||||||
8 | (4.5) (a) With respect to any minors committed to its care | ||||||
9 | pursuant to
this Act, the Department of Children and Family | ||||||
10 | Services shall request the
State's Attorney to file a petition | ||||||
11 | or motion for termination of parental
rights and appointment of | ||||||
12 | guardian of the person with power to consent to
adoption of the | ||||||
13 | minor under Section 2-29 if:
| ||||||
14 | (i) a minor has been in foster care, as described in | ||||||
15 | subsection (b), for
15 months of the most recent 22 months; | ||||||
16 | or
| ||||||
17 | (ii) a minor under the age of 2 years has been | ||||||
18 | previously determined to be
abandoned at an adjudicatory | ||||||
19 | hearing; or
| ||||||
20 | (iii) the parent is criminally convicted of (A) first | ||||||
21 | degree murder or
second degree murder of any child, (B) | ||||||
22 | attempt or conspiracy to commit first
degree murder or | ||||||
23 | second degree murder of any child, (C) solicitation to | ||||||
24 | commit
murder of any child, solicitation to commit murder | ||||||
25 | for hire of any child, or
solicitation to
commit second | ||||||
26 | degree murder of any child, (D)
aggravated battery, |
| |||||||
| |||||||
1 | aggravated battery of a child, or felony domestic battery,
| ||||||
2 | any of which has resulted in serious injury to the minor or | ||||||
3 | a sibling of the
minor, (E) aggravated criminal sexual | ||||||
4 | assault in
violation of subdivision (a)(1) of Section | ||||||
5 | 11-1.40 or subdivision (a)(1) (b)(1) of Section 12-14.1 | ||||||
6 | 12-14 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 ,
or
(F) an offense in any other state the elements of | ||||||
8 | which are similar and bear a
substantial relationship to | ||||||
9 | any of the foregoing offenses
| ||||||
10 | unless:
| ||||||
11 | (i) the child
is being cared for by a relative,
| ||||||
12 | (ii) the Department has documented in the
case plan a | ||||||
13 | compelling reason for determining that filing such | ||||||
14 | petition would
not be in the best interests of the child,
| ||||||
15 | (iii) the court has found within the
preceding 12 | ||||||
16 | months that the Department has failed to make reasonable | ||||||
17 | efforts
to reunify the child and family, or
| ||||||
18 | (iv) paragraph (c) of this subsection (4.5)
provides | ||||||
19 | otherwise.
| ||||||
20 | (b) For purposes of this subsection, the date of entering | ||||||
21 | foster care is
defined as the earlier of:
| ||||||
22 | (1) The date of a judicial finding at an adjudicatory | ||||||
23 | hearing that the
child is an abused, neglected, or | ||||||
24 | dependent minor; or
| ||||||
25 | (2) 60 days after the date on which the child is | ||||||
26 | removed from his or her
parent, guardian, or legal |
| |||||||
| |||||||
1 | custodian.
| ||||||
2 | (c) With respect to paragraph (a)(i), the following | ||||||
3 | transition rules shall
apply:
| ||||||
4 | (1) If the child entered foster care after November 19, | ||||||
5 | 1997 and
this amendatory Act of 1998 takes effect before | ||||||
6 | the child has been in
foster care for 15 months of the | ||||||
7 | preceding 22 months, then the Department shall
comply with | ||||||
8 | the requirements of paragraph (a) of this subsection (4.5) | ||||||
9 | for that
child as soon as the child has been in foster care | ||||||
10 | for 15 of the preceding 22
months.
| ||||||
11 | (2) If the child entered foster care after November 19, | ||||||
12 | 1997 and
this amendatory Act of 1998 takes effect after the | ||||||
13 | child has been in foster
care for 15 of the preceding 22 | ||||||
14 | months, then the Department shall comply with
the | ||||||
15 | requirements of paragraph (a) of this subsection (4.5) for | ||||||
16 | that child
within 3 months after the end of the next | ||||||
17 | regular session of the General
Assembly.
| ||||||
18 | (3) If the child entered foster care prior to November | ||||||
19 | 19, 1997, then the
Department shall comply with the | ||||||
20 | requirements of paragraph (a) of this
subsection (4.5) for | ||||||
21 | that child in accordance with Department policy or rule.
| ||||||
22 | (d) If the State's Attorney determines that the | ||||||
23 | Department's request for
filing of a petition or motion | ||||||
24 | conforms to the requirements set forth in
subdivisions (a), | ||||||
25 | (b), and (c) of this subsection (4.5), then the State's
| ||||||
26 | Attorney shall file the petition or motion as requested.
|
| |||||||
| |||||||
1 | (5) The court shall liberally allow the petitioner to amend | ||||||
2 | the petition to
set forth a cause of action or to add, amend, | ||||||
3 | or supplement factual allegations
that form the basis for a | ||||||
4 | cause of action up until 14 days before the
adjudicatory | ||||||
5 | hearing. The petitioner may amend the petition after that date
| ||||||
6 | and prior to the adjudicatory hearing if the court grants leave | ||||||
7 | to amend upon a
showing of good cause.
The court may allow | ||||||
8 | amendment of the
petition to conform with the evidence at any | ||||||
9 | time prior to ruling. In all
cases in which the court has | ||||||
10 | granted leave to amend based on new evidence or
new | ||||||
11 | allegations, the court shall permit
the respondent an adequate | ||||||
12 | opportunity to prepare a defense to the amended
petition.
| ||||||
13 | (6) At any time before dismissal of the petition or before | ||||||
14 | final closing
and discharge under Section 2-31, one or more | ||||||
15 | motions in the best interests of
the minor may be filed. The | ||||||
16 | motion shall specify sufficient facts in support
of the relief | ||||||
17 | requested.
| ||||||
18 | (Source: P.A. 95-405, eff. 6-1-08 .)
| ||||||
19 | (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
| ||||||
20 | Sec. 2-17. Guardian ad litem.
| ||||||
21 | (1) Immediately upon the filing of a petition alleging that | ||||||
22 | the minor is
a person described in Sections 2-3 or 2-4 of this | ||||||
23 | Article, the court shall
appoint a guardian ad litem for the | ||||||
24 | minor if:
| ||||||
25 | (a) such petition alleges that the minor is an abused |
| |||||||
| |||||||
1 | or neglected
child; or
| ||||||
2 | (b) such petition alleges that charges alleging the | ||||||
3 | commission
of any of the sex offenses defined in Article 11 | ||||||
4 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
5 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 , as | ||||||
7 | amended , have been
filed against a defendant in any court | ||||||
8 | and that such minor is the alleged
victim of the acts of | ||||||
9 | defendant in the commission of such offense.
| ||||||
10 | Unless the guardian ad litem appointed pursuant to this | ||||||
11 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
12 | the performance
of his duties by counsel. The guardian ad litem | ||||||
13 | shall represent the best
interests of the minor and shall | ||||||
14 | present recommendations to the court
consistent with that duty.
| ||||||
15 | (2) Before proceeding with the hearing, the court shall
| ||||||
16 | appoint a guardian ad litem for the minor if
| ||||||
17 | (a) no parent, guardian, custodian or relative of the | ||||||
18 | minor appears
at the first or any subsequent hearing of the | ||||||
19 | case;
| ||||||
20 | (b) the petition prays for the appointment of a | ||||||
21 | guardian with power
to consent to adoption; or
| ||||||
22 | (c) the petition for which the minor is before the | ||||||
23 | court resulted
from a report made pursuant to the Abused | ||||||
24 | and Neglected Child Reporting
Act.
| ||||||
25 | (3) The court may appoint a guardian ad litem for the minor | ||||||
26 | whenever
it finds that there may be a conflict of interest |
| |||||||
| |||||||
1 | between the minor and
his parents or other custodian or that it | ||||||
2 | is otherwise in the minor's
best interest to do so.
| ||||||
3 | (4) Unless the guardian ad litem is an attorney, he shall | ||||||
4 | be
represented by counsel.
| ||||||
5 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
6 | under this
Section shall be fixed by the court and charged to | ||||||
7 | the parents of the
minor, to the extent they are able to pay. | ||||||
8 | If the parents are unable to
pay those fees, they shall be paid | ||||||
9 | from the general fund of the county.
| ||||||
10 | (6) A guardian ad litem appointed under this Section, shall | ||||||
11 | receive
copies of any and all classified reports of child abuse | ||||||
12 | and neglect made
under the Abused and Neglected Child Reporting | ||||||
13 | Act in which the minor who
is the subject of a report under the | ||||||
14 | Abused and Neglected Child Reporting
Act, is also the minor for | ||||||
15 | whom the guardian ad litem is appointed under
this Section.
| ||||||
16 | (7) The appointed
guardian ad
litem shall remain the | ||||||
17 | child's guardian ad litem throughout the entire juvenile
trial | ||||||
18 | court
proceedings, including permanency hearings and | ||||||
19 | termination of parental rights
proceedings, unless there is a | ||||||
20 | substitution entered by order of the court.
| ||||||
21 | (8) The guardian
ad
litem or an agent of the guardian ad | ||||||
22 | litem shall have a minimum of one
in-person contact with the | ||||||
23 | minor and one contact with one
of the
current foster parents or | ||||||
24 | caregivers prior to the
adjudicatory hearing, and at
least one | ||||||
25 | additional in-person contact with the child and one contact | ||||||
26 | with
one of the
current foster
parents or caregivers after the |
| |||||||
| |||||||
1 | adjudicatory hearing but
prior to the first permanency hearing
| ||||||
2 | and one additional in-person contact with the child and one | ||||||
3 | contact with one
of the current
foster parents or caregivers | ||||||
4 | each subsequent year. For good cause shown, the
judge may | ||||||
5 | excuse face-to-face interviews required in this subsection.
| ||||||
6 | (9) In counties with a population of 100,000 or more but | ||||||
7 | less than
3,000,000, each guardian ad litem must successfully | ||||||
8 | complete a training program
approved by the Department of | ||||||
9 | Children and Family Services. The Department of
Children and | ||||||
10 | Family Services shall provide training materials and documents | ||||||
11 | to
guardians ad litem who are not mandated to attend the | ||||||
12 | training program. The
Department of Children and Family | ||||||
13 | Services shall develop
and
distribute to all guardians ad litem | ||||||
14 | a bibliography containing information
including but not | ||||||
15 | limited to the juvenile court process, termination of
parental | ||||||
16 | rights, child development, medical aspects of child abuse, and | ||||||
17 | the
child's need for safety and permanence.
| ||||||
18 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
19 | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | ||||||
20 | Sec. 2-18. Evidence. | ||||||
21 | (1) At the adjudicatory hearing, the court shall first | ||||||
22 | consider only the
question whether the minor is abused, | ||||||
23 | neglected or dependent. The standard of
proof and the rules of | ||||||
24 | evidence in the nature of civil proceedings in this
State are | ||||||
25 | applicable to proceedings under this Article. If the petition |
| |||||||
| |||||||
1 | also
seeks the appointment of a guardian of the person with
| ||||||
2 | power to consent to adoption of the minor under Section 2-29, | ||||||
3 | the court may
also consider legally admissible evidence at the | ||||||
4 | adjudicatory hearing that one
or more grounds of unfitness | ||||||
5 | exists under subdivision D of Section 1 of the
Adoption Act. | ||||||
6 | (2) In any hearing under this Act, the following shall | ||||||
7 | constitute prima
facie evidence of abuse or neglect, as the | ||||||
8 | case may be: | ||||||
9 | (a) proof that a minor has a medical diagnosis of | ||||||
10 | battered child syndrome
is prima facie evidence of abuse; | ||||||
11 | (b) proof that a minor has a medical diagnosis of | ||||||
12 | failure to thrive
syndrome is prima facie evidence of | ||||||
13 | neglect; | ||||||
14 | (c) proof that a minor has a medical diagnosis of fetal | ||||||
15 | alcohol syndrome
is prima facie evidence of neglect; | ||||||
16 | (d) proof that a minor has a medical diagnosis at birth | ||||||
17 | of withdrawal
symptoms from narcotics or barbiturates is | ||||||
18 | prima facie evidence of neglect; | ||||||
19 | (e) proof of injuries sustained by a minor or of the | ||||||
20 | condition of a minor
of such a nature as would ordinarily | ||||||
21 | not be sustained or exist except by
reason of the acts or | ||||||
22 | omissions of the parent, custodian or guardian of
such | ||||||
23 | minor shall be prima facie evidence of abuse or neglect, as | ||||||
24 | the case may
be; | ||||||
25 | (f) proof that a parent, custodian or guardian of a | ||||||
26 | minor repeatedly used
a drug, to the extent that it has or |
| |||||||
| |||||||
1 | would ordinarily have the effect of
producing in the user a | ||||||
2 | substantial state of stupor, unconsciousness,
| ||||||
3 | intoxication, hallucination, disorientation or | ||||||
4 | incompetence, or a
substantial impairment of judgment, or a | ||||||
5 | substantial manifestation of
irrationality, shall be prima | ||||||
6 | facie evidence of neglect; | ||||||
7 | (g) proof that a parent, custodian, or guardian of a | ||||||
8 | minor repeatedly
used a controlled substance, as defined in | ||||||
9 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
10 | Substances Act, in the presence of the minor or a sibling
| ||||||
11 | of the minor is prima facie evidence of neglect. "Repeated | ||||||
12 | use", for the
purpose of this subsection, means more than | ||||||
13 | one use of a controlled substance
as defined in subsection | ||||||
14 | (f) of Section 102 of the Illinois Controlled
Substances | ||||||
15 | Act; | ||||||
16 | (h) proof that a newborn infant's blood, urine, or | ||||||
17 | meconium contains any
amount of a controlled substance as | ||||||
18 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
19 | Controlled Substances Act, or a metabolite of a controlled
| ||||||
20 | substance, with the exception of controlled substances or | ||||||
21 | metabolites of those
substances, the presence of which is | ||||||
22 | the result of medical treatment
administered to the mother | ||||||
23 | or the newborn, is prime facie evidence of
neglect; | ||||||
24 | (i) proof that a minor was present in a structure or | ||||||
25 | vehicle in which the minor's parent, custodian, or guardian | ||||||
26 | was involved in the manufacture of methamphetamine |
| |||||||
| |||||||
1 | constitutes prima facie evidence of abuse and neglect;
| ||||||
2 | (j) proof that a parent, custodian, or guardian of a | ||||||
3 | minor allows, encourages, or requires a minor to perform, | ||||||
4 | offer, or agree to perform any act of sexual penetration as | ||||||
5 | defined in Section 11-0.1 12-12 of the Criminal Code of | ||||||
6 | 2012 1961 for any money, property, token, object, or | ||||||
7 | article or anything of value, or any touching or fondling | ||||||
8 | of the sex organs of one person by another person, for any | ||||||
9 | money, property, token, object, or article or anything of | ||||||
10 | value, for the purpose of sexual arousal or gratification, | ||||||
11 | constitutes prima facie evidence of abuse and neglect; | ||||||
12 | (k) proof that a parent, custodian, or guardian of a | ||||||
13 | minor commits or allows to be committed the offense of | ||||||
14 | involuntary servitude, involuntary sexual servitude of a | ||||||
15 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
17 | upon such minor, constitutes prima facie evidence of abuse | ||||||
18 | and neglect. | ||||||
19 | (3) In any hearing under this Act, proof of the abuse, | ||||||
20 | neglect or dependency
of one minor shall be admissible evidence | ||||||
21 | on the issue of the abuse, neglect or
dependency of any other | ||||||
22 | minor for whom the respondent is responsible. | ||||||
23 | (4) (a) Any writing, record, photograph or x-ray of any | ||||||
24 | hospital or public
or private agency, whether in the form of an | ||||||
25 | entry in a book or otherwise,
made as a memorandum or record of | ||||||
26 | any condition, act, transaction, occurrence
or event relating |
| |||||||
| |||||||
1 | to a minor in an abuse, neglect or
dependency proceeding, shall | ||||||
2 | be
admissible in evidence as proof of that condition, act, | ||||||
3 | transaction, occurrence
or event, if the court finds that the | ||||||
4 | document was made in the regular course
of the business of the | ||||||
5 | hospital or agency and that it was in the regular
course of | ||||||
6 | such business to make it, at the time of the act, transaction,
| ||||||
7 | occurrence or event, or within a reasonable time thereafter. A | ||||||
8 | certification
by the head or responsible employee of the | ||||||
9 | hospital or agency that the writing,
record, photograph or | ||||||
10 | x-ray is the full and complete record of the condition,
act, | ||||||
11 | transaction, occurrence or event and that it satisfies the | ||||||
12 | conditions
of this paragraph shall be prima facie evidence of | ||||||
13 | the facts contained in
such certification. A certification by | ||||||
14 | someone other than the head of the
hospital or agency shall be | ||||||
15 | accompanied by a photocopy of a delegation of
authority signed | ||||||
16 | by both the head of the hospital or agency and by such
other | ||||||
17 | employee. All other circumstances of the making of the | ||||||
18 | memorandum,
record, photograph or x-ray, including lack of | ||||||
19 | personal knowledge of the
maker, may be proved to affect the | ||||||
20 | weight to be accorded such evidence,
but shall not affect its | ||||||
21 | admissibility. | ||||||
22 | (b) Any indicated report filed pursuant to the Abused and | ||||||
23 | Neglected Child
Reporting Act shall be admissible in evidence. | ||||||
24 | (c) Previous statements made by the minor relating to any | ||||||
25 | allegations
of abuse or neglect shall be admissible in | ||||||
26 | evidence. However, no such
statement, if uncorroborated and not |
| |||||||
| |||||||
1 | subject to cross-examination, shall be
sufficient in itself to | ||||||
2 | support a finding of abuse or neglect. | ||||||
3 | (d) There shall be a rebuttable presumption that a minor is | ||||||
4 | competent
to testify in abuse or neglect proceedings. The court | ||||||
5 | shall determine how
much weight to give to the minor's | ||||||
6 | testimony, and may allow the minor to
testify in chambers with | ||||||
7 | only the court, the court reporter and attorneys
for the | ||||||
8 | parties present. | ||||||
9 | (e) The privileged character of communication between any | ||||||
10 | professional
person and patient or client, except privilege | ||||||
11 | between attorney and client,
shall not apply to proceedings | ||||||
12 | subject to this Article. | ||||||
13 | (f) Proof of the impairment of emotional health or | ||||||
14 | impairment of mental
or emotional condition as a result of the | ||||||
15 | failure of the respondent to exercise
a minimum degree of care | ||||||
16 | toward a minor may include competent opinion or
expert | ||||||
17 | testimony, and may include proof that such impairment lessened | ||||||
18 | during
a period when the minor was in the care, custody or | ||||||
19 | supervision of a person
or agency other than the respondent. | ||||||
20 | (5) In any hearing under this Act alleging neglect for | ||||||
21 | failure to
provide education as required by law under | ||||||
22 | subsection (1) of Section 2-3,
proof that a minor under 13 | ||||||
23 | years of age who is subject to compulsory
school attendance | ||||||
24 | under the School Code is a chronic truant as defined
under the | ||||||
25 | School Code shall be prima facie evidence of neglect by the
| ||||||
26 | parent or guardian in any hearing under this Act and proof that |
| |||||||
| |||||||
1 | a minor who
is 13 years of age or older who is subject to | ||||||
2 | compulsory school attendance
under the School Code is a chronic | ||||||
3 | truant shall raise a rebuttable
presumption of neglect by the | ||||||
4 | parent or guardian. This subsection (5)
shall not apply in | ||||||
5 | counties with 2,000,000 or more inhabitants. | ||||||
6 | (6) In any hearing under this Act, the court may take | ||||||
7 | judicial notice of
prior sworn testimony or evidence admitted | ||||||
8 | in prior proceedings involving
the same minor if (a) the | ||||||
9 | parties were either represented by counsel at such
prior | ||||||
10 | proceedings or the right to counsel was knowingly waived and | ||||||
11 | (b) the
taking of judicial notice would not result in admitting | ||||||
12 | hearsay evidence at a
hearing where it would otherwise be | ||||||
13 | prohibited. | ||||||
14 | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13.)
| ||||||
15 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
16 | Sec. 2-25. Order of protection.
| ||||||
17 | (1) The court may make an order of
protection in assistance | ||||||
18 | of or as a condition of any other order authorized
by this Act. | ||||||
19 | The order of protection shall be based on the health, safety
| ||||||
20 | and best interests of the minor and may set forth reasonable | ||||||
21 | conditions of
behavior to be observed for a specified period. | ||||||
22 | Such an order may require a
person:
| ||||||
23 | (a) to stay away from the home or the minor;
| ||||||
24 | (b) to permit a parent to visit the minor at stated | ||||||
25 | periods;
|
| |||||||
| |||||||
1 | (c) to abstain from offensive conduct against the | ||||||
2 | minor, his parent or
any person to whom custody of the | ||||||
3 | minor is awarded;
| ||||||
4 | (d) to give proper attention to the care of the home;
| ||||||
5 | (e) to cooperate in good faith with an agency to which | ||||||
6 | custody of a
minor is entrusted by the court or with an | ||||||
7 | agency or association to which
the minor is referred by the | ||||||
8 | court;
| ||||||
9 | (f) to prohibit and prevent any contact whatsoever with | ||||||
10 | the respondent
minor by a specified individual or | ||||||
11 | individuals who are alleged in either a
criminal or | ||||||
12 | juvenile proceeding to have caused injury to a respondent
| ||||||
13 | minor or a sibling of a respondent minor;
| ||||||
14 | (g) to refrain from acts of commission or omission that | ||||||
15 | tend to make
the home not a proper place for the minor;
| ||||||
16 | (h) to refrain from contacting the minor and the foster | ||||||
17 | parents in any
manner that is not specified in writing in | ||||||
18 | the case plan.
| ||||||
19 | (2) The court shall enter an order of protection
to | ||||||
20 | prohibit and prevent any contact between a respondent minor
or | ||||||
21 | a sibling of a respondent minor and any person named in a | ||||||
22 | petition
seeking an order of protection who has been convicted | ||||||
23 | of
heinous battery or aggravated battery under subdivision | ||||||
24 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
25 | aggravated battery under subdivision (b)(1) of Section | ||||||
26 | 12-3.05, criminal sexual assault, aggravated criminal sexual |
| |||||||
| |||||||
1 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
2 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
3 | in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||||||
4 | has been
convicted of an offense that resulted in the death of | ||||||
5 | a child, or has
violated a previous order of protection under | ||||||
6 | this Section.
| ||||||
7 | (3) When the court issues an order of protection against | ||||||
8 | any person as
provided by this Section, the court shall direct | ||||||
9 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
10 | shall furnish a copy of the order of
protection to the | ||||||
11 | Department of State Police within 24 hours of
receipt, in the | ||||||
12 | form and manner required by the Department. The Department
of | ||||||
13 | State Police shall maintain a complete record and index of such | ||||||
14 | orders
of protection and make this data available to all local | ||||||
15 | law enforcement
agencies.
| ||||||
16 | (4) After notice and opportunity for hearing afforded to a | ||||||
17 | person
subject to an order of protection, the order may be | ||||||
18 | modified or extended
for a further specified period or both or | ||||||
19 | may be terminated if the court
finds that the health, safety, | ||||||
20 | and best interests of the minor and the
public will be served
| ||||||
21 | thereby.
| ||||||
22 | (5) An order of protection may be sought at any time during | ||||||
23 | the course
of any proceeding conducted pursuant to this Act if | ||||||
24 | such an order is
consistent with the
health, safety, and best | ||||||
25 | interests of the minor. Any person against whom
an order of | ||||||
26 | protection is sought may retain counsel to represent him at a
|
| |||||||
| |||||||
1 | hearing, and has rights to be present at the hearing, to be | ||||||
2 | informed prior
to the hearing in writing of the contents of the | ||||||
3 | petition seeking a
protective order and of the date, place and | ||||||
4 | time of such hearing, and to
cross examine witnesses called by | ||||||
5 | the petitioner and to present witnesses
and argument in | ||||||
6 | opposition to the relief sought in the petition.
| ||||||
7 | (6) Diligent efforts shall be made by the petitioner to | ||||||
8 | serve any person
or persons against whom any order of | ||||||
9 | protection is sought with written
notice of the contents of the | ||||||
10 | petition seeking a protective order and
of the date, place and | ||||||
11 | time at which the hearing on the petition is to be
held. When a | ||||||
12 | protective order is being sought in conjunction with a
| ||||||
13 | temporary custody hearing, if the court finds that the person | ||||||
14 | against whom
the protective order is being sought has been | ||||||
15 | notified of the hearing or
that diligent efforts have been made | ||||||
16 | to notify such person, the court may
conduct a hearing. If a | ||||||
17 | protective order is sought at any time other than
in | ||||||
18 | conjunction with a temporary custody hearing, the court may
not | ||||||
19 | conduct a hearing on the petition in the absence of the person | ||||||
20 | against
whom the order is sought unless the petitioner has | ||||||
21 | notified such person by
personal service at least 3 days before | ||||||
22 | the hearing or has sent written
notice by first class mail to | ||||||
23 | such person's last known address at least 5
days before the | ||||||
24 | hearing.
| ||||||
25 | (7) A person against whom an order of protection is being | ||||||
26 | sought who is
neither a parent, guardian, legal custodian or |
| |||||||
| |||||||
1 | responsible relative as
described in Section 1-5 is not a party | ||||||
2 | or respondent as defined in that
Section and shall not be | ||||||
3 | entitled to the rights provided therein.
Such person does not | ||||||
4 | have a right to appointed counsel or to be
present at any | ||||||
5 | hearing other than the hearing in which the order of protection
| ||||||
6 | is being sought or a hearing directly pertaining to that order. | ||||||
7 | Unless the
court orders otherwise, such person does not have a | ||||||
8 | right to inspect the court
file.
| ||||||
9 | (8) All protective orders entered under this Section shall | ||||||
10 | be in
writing. Unless the person against whom the order was | ||||||
11 | obtained was present
in court when the order was issued, the | ||||||
12 | sheriff, other law enforcement
official or special process | ||||||
13 | server shall
promptly serve that order upon that person and | ||||||
14 | file proof of such service,
in the manner provided for service | ||||||
15 | of process in civil proceedings. The
person against whom the | ||||||
16 | protective order was obtained may seek a
modification of the | ||||||
17 | order by filing a written motion to modify the order
within 7 | ||||||
18 | days after actual receipt by the person of a copy of the order. | ||||||
19 | Any
modification of the order granted by the court must be | ||||||
20 | determined to be
consistent with the best interests of the | ||||||
21 | minor.
| ||||||
22 | (9) If a petition is filed charging a violation of a | ||||||
23 | condition contained in the
protective order and if the court | ||||||
24 | determines that this violation is of a critical service | ||||||
25 | necessary to the safety and welfare of the minor, the court may | ||||||
26 | proceed to findings and an order for temporary custody.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
2 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
3 | 1-1-13.)
| ||||||
4 | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| ||||||
5 | Sec. 2-27. Placement; legal custody or guardianship.
| ||||||
6 | (1) If the court determines and puts in writing the factual | ||||||
7 | basis supporting
the determination of whether the parents, | ||||||
8 | guardian, or legal custodian of a
minor adjudged a ward of the | ||||||
9 | court are unfit or are unable, for some reason
other than | ||||||
10 | financial circumstances alone, to care for, protect, train or
| ||||||
11 | discipline the minor or are unwilling to do so, and that the
| ||||||
12 | health, safety, and best
interest of the minor will be | ||||||
13 | jeopardized if the minor remains in the custody
of his or her | ||||||
14 | parents, guardian or
custodian, the court may at this hearing | ||||||
15 | and at any later point:
| ||||||
16 | (a) place the minor in the custody of a suitable | ||||||
17 | relative or other person
as
legal custodian or guardian;
| ||||||
18 | (a-5) with the approval of the Department of Children | ||||||
19 | and Family
Services, place the minor in the subsidized | ||||||
20 | guardianship of a suitable relative
or
other person as | ||||||
21 | legal guardian; "subsidized guardianship" means a private
| ||||||
22 | guardianship arrangement for children for whom the | ||||||
23 | permanency goals of return
home and adoption have been | ||||||
24 | ruled out and who meet the qualifications for
subsidized | ||||||
25 | guardianship as defined by the Department of Children and |
| |||||||
| |||||||
1 | Family
Services in administrative rules;
| ||||||
2 | (b) place the minor under the guardianship of a | ||||||
3 | probation officer;
| ||||||
4 | (c) commit the minor to an agency for care or | ||||||
5 | placement, except an
institution under the authority of the | ||||||
6 | Department of Corrections or of
the Department of Children | ||||||
7 | and Family Services;
| ||||||
8 | (d) commit the minor to the Department of Children and | ||||||
9 | Family Services for
care and service; however, a minor | ||||||
10 | charged with a criminal offense under the
Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 or adjudicated delinquent | ||||||
12 | shall not be placed in the
custody of or committed to the | ||||||
13 | Department of Children and Family Services by
any court, | ||||||
14 | except (i) a minor less than 15 years of age and committed | ||||||
15 | to the
Department of Children and Family Services under | ||||||
16 | Section 5-710 of this Act, (ii) a minor for whom an | ||||||
17 | independent basis of abuse, neglect, or dependency exists, | ||||||
18 | or (iii) a minor for whom the court has granted a | ||||||
19 | supplemental petition to reinstate wardship pursuant to | ||||||
20 | subsection (2) of Section 2-33 of this Act. An independent | ||||||
21 | basis exists when the allegations or adjudication of abuse, | ||||||
22 | neglect, or dependency do not arise from the same facts, | ||||||
23 | incident, or circumstances which give rise to a charge or | ||||||
24 | adjudication of delinquency. The
Department shall be given | ||||||
25 | due notice of the pendency of the action and the
| ||||||
26 | Guardianship Administrator of the Department of Children |
| |||||||
| |||||||
1 | and Family Services
shall be appointed guardian of the | ||||||
2 | person of the minor. Whenever the Department
seeks to | ||||||
3 | discharge a minor from its care and service, the | ||||||
4 | Guardianship
Administrator shall petition the court for an
| ||||||
5 | order terminating guardianship. The Guardianship | ||||||
6 | Administrator may
designate one or more other officers of | ||||||
7 | the Department, appointed as
Department officers by | ||||||
8 | administrative order of the Department Director,
| ||||||
9 | authorized to affix the signature of the Guardianship | ||||||
10 | Administrator to
documents affecting the guardian-ward | ||||||
11 | relationship of children for whom
he or she has been | ||||||
12 | appointed guardian at such times as he or she is unable to
| ||||||
13 | perform
the duties of his or her office. The signature | ||||||
14 | authorization shall include but
not be limited to matters | ||||||
15 | of consent of marriage, enlistment in the
armed forces, | ||||||
16 | legal proceedings, adoption, major medical and surgical
| ||||||
17 | treatment and application for driver's license. Signature | ||||||
18 | authorizations
made pursuant to the provisions of this | ||||||
19 | paragraph shall be filed with
the Secretary of State and | ||||||
20 | the Secretary of State shall provide upon
payment of the | ||||||
21 | customary fee, certified copies of the authorization to
any | ||||||
22 | court or individual who requests a copy.
| ||||||
23 | (1.5) In making a determination under this Section, the | ||||||
24 | court shall also
consider
whether, based on health, safety, and | ||||||
25 | the best interests of the minor,
| ||||||
26 | (a) appropriate services aimed
at family preservation |
| |||||||
| |||||||
1 | and family reunification have been unsuccessful in
| ||||||
2 | rectifying the conditions that have led to a finding of | ||||||
3 | unfitness or inability
to care for, protect, train, or | ||||||
4 | discipline the minor, or
| ||||||
5 | (b) no family preservation or family reunification
| ||||||
6 | services would be appropriate,
| ||||||
7 | and if the petition or amended petition
contained an allegation | ||||||
8 | that the
parent is an unfit
person as defined in subdivision | ||||||
9 | (D) of Section 1 of the Adoption Act, and the
order of
| ||||||
10 | adjudication
recites that parental unfitness was established | ||||||
11 | by clear and convincing
evidence, the court
shall, when | ||||||
12 | appropriate and in the best interest of the minor, enter an
| ||||||
13 | order terminating parental rights and
appointing a guardian | ||||||
14 | with
power to
consent to adoption in accordance with Section | ||||||
15 | 2-29.
| ||||||
16 | When making a placement, the court, wherever possible, | ||||||
17 | shall
require the Department of Children and Family Services to | ||||||
18 | select a person
holding the same religious belief as that of | ||||||
19 | the minor or a private agency
controlled by persons of like | ||||||
20 | religious faith of the minor and shall require
the Department | ||||||
21 | to otherwise comply with Section 7 of the Children and Family
| ||||||
22 | Services Act in placing the child. In addition, whenever | ||||||
23 | alternative plans for
placement are available, the court shall | ||||||
24 | ascertain and consider, to the extent
appropriate in the | ||||||
25 | particular case, the views and preferences of the minor.
| ||||||
26 | (2) When a minor is placed with a suitable relative or |
| |||||||
| |||||||
1 | other
person pursuant to item (a) of subsection (1),
the court | ||||||
2 | shall appoint him or her the legal custodian or guardian of the
| ||||||
3 | person of the minor. When a minor is committed to any agency, | ||||||
4 | the court
shall appoint the proper officer or representative | ||||||
5 | thereof as legal
custodian or guardian of the person of the | ||||||
6 | minor. Legal custodians and
guardians of the person of the | ||||||
7 | minor have the respective rights and duties set
forth in | ||||||
8 | subsection (9) of Section 1-3 except as otherwise provided by | ||||||
9 | order
of court; but no guardian of the person may consent to | ||||||
10 | adoption of the
minor unless that authority is conferred upon | ||||||
11 | him or her in accordance with
Section 2-29. An agency whose | ||||||
12 | representative is appointed guardian of the
person or legal | ||||||
13 | custodian of the minor may place the minor in any child care
| ||||||
14 | facility, but the facility must be licensed under the Child | ||||||
15 | Care Act of
1969 or have been approved by the Department of | ||||||
16 | Children and Family Services
as meeting the standards | ||||||
17 | established for such licensing. No agency may
place a minor | ||||||
18 | adjudicated under Sections 2-3 or 2-4 in a child care facility
| ||||||
19 | unless the placement is in compliance with the rules and | ||||||
20 | regulations
for placement under this Section promulgated by the | ||||||
21 | Department of Children
and Family Services under Section 5 of | ||||||
22 | the Children and Family Services
Act. Like authority and | ||||||
23 | restrictions shall be conferred by the court upon
any probation | ||||||
24 | officer who has been appointed guardian of the person of a | ||||||
25 | minor.
| ||||||
26 | (3) No placement by any probation officer or agency whose |
| |||||||
| |||||||
1 | representative
is appointed guardian of the person or legal | ||||||
2 | custodian of a minor may be
made in any out of State child care | ||||||
3 | facility unless it complies with the
Interstate Compact on the | ||||||
4 | Placement of Children. Placement with a parent,
however, is not | ||||||
5 | subject to that Interstate Compact.
| ||||||
6 | (4) The clerk of the court shall issue to the legal | ||||||
7 | custodian or
guardian of the person a certified copy of the | ||||||
8 | order of court, as proof
of his authority. No other process is | ||||||
9 | necessary as authority for the
keeping of the minor.
| ||||||
10 | (5) Custody or guardianship granted under this Section | ||||||
11 | continues until
the court otherwise directs, but not after the | ||||||
12 | minor reaches the age
of 19 years except as set forth in | ||||||
13 | Section 2-31, or if the minor was previously committed to the | ||||||
14 | Department of Children and Family Services for care and service | ||||||
15 | and the court has granted a supplemental petition to reinstate | ||||||
16 | wardship pursuant to subsection (2) of Section 2-33.
| ||||||
17 | (6) (Blank).
| ||||||
18 | (Source: P.A. 95-642, eff. 6-1-08; 96-581, eff. 1-1-10.)
| ||||||
19 | (705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
| ||||||
20 | Sec. 3-19. Guardian ad litem.
| ||||||
21 | (1) Immediately upon the filing of a
petition alleging that | ||||||
22 | the minor requires authoritative intervention,
the court may | ||||||
23 | appoint a guardian ad litem for the minor if
| ||||||
24 | (a) such petition alleges that the minor is the victim | ||||||
25 | of sexual
abuse or misconduct; or
|
| |||||||
| |||||||
1 | (b) such petition alleges that charges alleging the | ||||||
2 | commission
of any of the sex offenses defined in Article 11 | ||||||
3 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
4 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||||||
5 | Criminal
Code of 1961 or the Criminal Code of 2012 , as | ||||||
6 | amended , have been filed against a defendant in
any court | ||||||
7 | and that such minor is the alleged victim of the acts
of | ||||||
8 | the defendant in the commission of such offense.
| ||||||
9 | (2) Unless the guardian ad litem appointed pursuant to | ||||||
10 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
11 | the performance
of his duties by counsel.
| ||||||
12 | (3) Before proceeding with the hearing, the court shall
| ||||||
13 | appoint a guardian ad litem for the minor if
| ||||||
14 | (a) no parent, guardian, custodian or relative of the | ||||||
15 | minor appears
at the first or any subsequent hearing of the | ||||||
16 | case;
| ||||||
17 | (b) the petition prays for the appointment of a | ||||||
18 | guardian with power
to consent to adoption; or
| ||||||
19 | (c) the petition for which the minor is before the | ||||||
20 | court resulted
from a report made pursuant to the Abused | ||||||
21 | and Neglected Child Reporting Act.
| ||||||
22 | (4) The court may appoint a guardian ad litem for the minor | ||||||
23 | whenever
it finds that there may be a conflict of interest | ||||||
24 | between the minor and
his parents or other custodian or that it | ||||||
25 | is otherwise in the minor's
interest to do so.
| ||||||
26 | (5) The reasonable fees of a guardian ad litem appointed |
| |||||||
| |||||||
1 | under this
Section shall be fixed by the court and charged to | ||||||
2 | the parents of the
minor, to the extent they are able to pay. | ||||||
3 | If the parents are unable to
pay those fees, they shall be paid | ||||||
4 | from the general fund of the county.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
6 | (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||||||
7 | Sec. 3-26. Order of protection.
| ||||||
8 | (1) The court may make an order of
protection in assistance | ||||||
9 | of or as a
condition of any other order authorized by this Act. | ||||||
10 | The order of
protection may set forth reasonable conditions of | ||||||
11 | behavior to be observed
for a specified period. Such an order | ||||||
12 | may require a person:
| ||||||
13 | (a) To stay away from the home or the minor;
| ||||||
14 | (b) To permit a parent to visit the minor at stated | ||||||
15 | periods;
| ||||||
16 | (c) To abstain from offensive conduct against the | ||||||
17 | minor, his parent or
any person to whom custody of the | ||||||
18 | minor is awarded;
| ||||||
19 | (d) To give proper attention to the care of the home;
| ||||||
20 | (e) To cooperate in good faith with an agency to which | ||||||
21 | custody of a
minor is entrusted by the court or with an | ||||||
22 | agency or association to which
the minor is referred by the | ||||||
23 | court;
| ||||||
24 | (f) To prohibit and prevent any contact whatsoever with | ||||||
25 | the respondent
minor by a specified individual or |
| |||||||
| |||||||
1 | individuals who are alleged in either a
criminal or | ||||||
2 | juvenile proceeding to have caused injury to a respondent
| ||||||
3 | minor or a sibling of a respondent minor;
| ||||||
4 | (g) To refrain from acts of commission or omission that | ||||||
5 | tend to make
the home not a proper place for the minor.
| ||||||
6 | (2) The court shall enter an order of protection
to | ||||||
7 | prohibit and prevent any contact between a respondent minor
or | ||||||
8 | a sibling of a respondent minor and any person named in a | ||||||
9 | petition
seeking an order of protection who has been convicted | ||||||
10 | of
heinous battery or aggravated battery under subdivision | ||||||
11 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
12 | aggravated battery under subdivision (b)(1) of Section | ||||||
13 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
14 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
15 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
16 | in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||||||
17 | has been
convicted of an offense that resulted in the death of | ||||||
18 | a child, or has
violated a previous order of protection under | ||||||
19 | this Section.
| ||||||
20 | (3) When the court issues an order of protection against | ||||||
21 | any person as
provided by this Section, the court shall direct | ||||||
22 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
23 | shall furnish a copy of the
order of protection to the | ||||||
24 | Department of State Police within 24
hours of
receipt, in the | ||||||
25 | form and manner required by the Department. The Department
of | ||||||
26 | State Police shall maintain a complete record and index of such |
| |||||||
| |||||||
1 | orders
of protection and make this data available to all local | ||||||
2 | law enforcement
agencies.
| ||||||
3 | (4) After notice and opportunity for hearing afforded to a | ||||||
4 | person
subject to an order of protection, the order may be | ||||||
5 | modified or extended
for a further specified period or both or | ||||||
6 | may be terminated if the court
finds that the best interests of | ||||||
7 | the minor and the public will be served
thereby.
| ||||||
8 | (5) An order of protection may be sought at any time during | ||||||
9 | the course
of any proceeding conducted pursuant to this Act. | ||||||
10 | Any person against whom
an order of protection is sought may | ||||||
11 | retain counsel to represent him at a
hearing, and has rights to | ||||||
12 | be present at the hearing, to be informed prior
to the hearing | ||||||
13 | in writing of the contents of the petition seeking a
protective | ||||||
14 | order and of the date, place and time of such hearing, and to
| ||||||
15 | cross examine witnesses called by the petitioner and to present | ||||||
16 | witnesses
and argument in opposition to the relief sought in | ||||||
17 | the petition.
| ||||||
18 | (6) Diligent efforts shall be made by the petitioner to | ||||||
19 | serve any person
or persons against whom any order of | ||||||
20 | protection is sought with written
notice of the contents of the | ||||||
21 | petition seeking a protective order and
of the date, place and | ||||||
22 | time at
which the hearing on the petition is to be held. When a | ||||||
23 | protective order
is being sought in conjunction with a shelter | ||||||
24 | care hearing, if
the court finds that the person against whom | ||||||
25 | the protective order is being
sought has been notified of the | ||||||
26 | hearing or that diligent efforts have been
made to notify such |
| |||||||
| |||||||
1 | person, the court may conduct a hearing. If a
protective order | ||||||
2 | is sought at any time other than in conjunction with a
shelter | ||||||
3 | care hearing, the court may not conduct a hearing on
the | ||||||
4 | petition in the absence of the person against whom the order is | ||||||
5 | sought
unless the petitioner has notified such person by | ||||||
6 | personal service at least
3 days before the hearing or has sent | ||||||
7 | written notice by first class
mail to such person's last known | ||||||
8 | address at least 5 days before the hearing.
| ||||||
9 | (7) A person against whom an order of protection is being | ||||||
10 | sought who is
neither a parent, guardian, legal custodian or | ||||||
11 | responsible relative as
described in Section 1-5 is not a party | ||||||
12 | or respondent as defined in that
Section and shall not be | ||||||
13 | entitled to the rights provided therein.
Such person does not | ||||||
14 | have a right to appointed counsel or to be
present at any | ||||||
15 | hearing other than the hearing in which the order of
protection | ||||||
16 | is being sought or a hearing directly pertaining to that order.
| ||||||
17 | Unless the court orders otherwise, such person does not have a | ||||||
18 | right to
inspect the court file.
| ||||||
19 | (8) All protective orders entered under this Section shall | ||||||
20 | be in
writing. Unless the person against whom the order was | ||||||
21 | obtained was present
in court when the order was issued,
the | ||||||
22 | sheriff, other law enforcement official or special process | ||||||
23 | server shall
promptly serve that order upon that person and | ||||||
24 | file proof of such service,
in the manner provided for service | ||||||
25 | of process in civil proceedings. The
person against whom the | ||||||
26 | protective order was obtained may seek a
modification of the |
| |||||||
| |||||||
1 | order by filing a written motion to modify the order
within 7 | ||||||
2 | days after actual receipt by the person of a copy of the order.
| ||||||
3 | (Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||||||
4 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
5 | 1-1-13.) | ||||||
6 | (705 ILCS 405/3-40) | ||||||
7 | Sec. 3-40. Minors involved in electronic dissemination of | ||||||
8 | indecent visual depictions in need of supervision. | ||||||
9 | (a) For the purposes of this Section: | ||||||
10 | "Computer" has the meaning ascribed to it in Section 17-0.5 | ||||||
11 | of the Criminal Code of 2012 1961 . | ||||||
12 | "Electronic communication device" means an electronic | ||||||
13 | device, including but not limited to a wireless telephone, | ||||||
14 | personal digital assistant, or a portable or mobile computer, | ||||||
15 | that is capable of transmitting images or pictures. | ||||||
16 | "Indecent visual depiction" means a depiction or portrayal | ||||||
17 | in any pose, posture, or setting involving a lewd exhibition of | ||||||
18 | the unclothed or transparently clothed genitals, pubic area, | ||||||
19 | buttocks, or, if such person is female, a fully or partially | ||||||
20 | developed breast of the person. | ||||||
21 | "Minor" means a person under 18 years of age. | ||||||
22 | (b) A minor shall not distribute or disseminate an indecent | ||||||
23 | visual depiction of another minor through the use of a computer | ||||||
24 | or electronic communication device. | ||||||
25 | (c) Adjudication. A minor who violates subsection (b) of |
| |||||||
| |||||||
1 | this Section may be subject to a petition for adjudication and | ||||||
2 | adjudged a minor in need of supervision. | ||||||
3 | (d) Kinds of dispositional orders. A minor found to be in | ||||||
4 | need of supervision under this Section may be: | ||||||
5 | (1) ordered to obtain counseling or other supportive | ||||||
6 | services to address the acts that led to the need for | ||||||
7 | supervision; or | ||||||
8 | (2) ordered to perform community service. | ||||||
9 | (e) Nothing in this Section shall be construed to prohibit | ||||||
10 | a prosecution for disorderly conduct, public indecency, child | ||||||
11 | pornography, a violation of Article 26.5 Harassing and Obscene | ||||||
12 | Communications of the Criminal Code of 2012 1961 , or any other | ||||||
13 | applicable provision of law.
| ||||||
14 | (Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13.)
| ||||||
15 | (705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
| ||||||
16 | Sec. 4-16. Guardian ad litem.
| ||||||
17 | (1) Immediately upon the filing of a
petition alleging that | ||||||
18 | the minor is a person described in Section 4-3 of
this Act, the | ||||||
19 | court may appoint a guardian ad litem for the minor if:
| ||||||
20 | (a) such petition alleges that the minor is the victim | ||||||
21 | of sexual
abuse or misconduct; or
| ||||||
22 | (b) such petition alleges that charges alleging the | ||||||
23 | commission
of any of the sex offenses defined in Article 11 | ||||||
24 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
25 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the |
| |||||||
| |||||||
1 | Criminal
Code of 1961 or the Criminal Code of 2012 , as | ||||||
2 | amended , have been filed against a defendant in
any court | ||||||
3 | and that such minor is the alleged victim of the acts
of | ||||||
4 | the defendant in the commission of such offense.
| ||||||
5 | Unless the guardian ad litem appointed pursuant to this | ||||||
6 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
7 | the performance
of his duties by counsel.
| ||||||
8 | (2) Before proceeding with the hearing, the court shall
| ||||||
9 | appoint a guardian ad litem for the minor if
| ||||||
10 | (a) no parent, guardian, custodian or relative of the | ||||||
11 | minor appears
at the first or any subsequent hearing of the | ||||||
12 | case;
| ||||||
13 | (b) the petition prays for the appointment of a | ||||||
14 | guardian with power
to consent to adoption; or
| ||||||
15 | (c) the petition for which the minor is before the | ||||||
16 | court resulted
from a report made pursuant to the Abused | ||||||
17 | and Neglected Child Reporting Act.
| ||||||
18 | (3) The court may appoint a guardian ad litem for the minor | ||||||
19 | whenever
it finds that there may be a conflict of interest | ||||||
20 | between the minor and
his parents or other custodian or that it | ||||||
21 | is otherwise in the minor's
interest to do so.
| ||||||
22 | (4) Unless the guardian ad litem is an attorney, he shall | ||||||
23 | be
represented by counsel.
| ||||||
24 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
25 | under this
Section shall be fixed by the court and charged to | ||||||
26 | the parents of the
minor, to the extent they are able to pay. |
| |||||||
| |||||||
1 | If the parents are unable to
pay those fees, they shall be paid | ||||||
2 | from the general fund of the county.
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
4 | (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||||||
5 | Sec. 4-23. Order of protection.
| ||||||
6 | (1) The court may make an order of
protection in assistance | ||||||
7 | of or as a
condition of any other order authorized by this Act. | ||||||
8 | The order of
protection may set forth reasonable conditions of | ||||||
9 | behavior to be observed
for a specified period. Such an order | ||||||
10 | may require a person:
| ||||||
11 | (a) To stay away from the home or the minor;
| ||||||
12 | (b) To permit a parent to visit the minor at stated | ||||||
13 | periods;
| ||||||
14 | (c) To abstain from offensive conduct against the | ||||||
15 | minor, his parent or
any person to whom custody of the | ||||||
16 | minor is awarded;
| ||||||
17 | (d) To give proper attention to the care of the home;
| ||||||
18 | (e) To cooperate in good faith with an agency to which | ||||||
19 | custody of a
minor is entrusted by the court or with an | ||||||
20 | agency or association to which
the minor is referred by the | ||||||
21 | court;
| ||||||
22 | (f) To prohibit and prevent any contact whatsoever with | ||||||
23 | the respondent
minor by a specified individual or | ||||||
24 | individuals who are alleged in either a
criminal or | ||||||
25 | juvenile proceeding to have caused injury to a respondent
|
| |||||||
| |||||||
1 | minor or a sibling of a respondent minor;
| ||||||
2 | (g) To refrain from acts of commission or omission that | ||||||
3 | tend to make
the home not a proper place for the minor.
| ||||||
4 | (2) The court shall enter an order of protection
to | ||||||
5 | prohibit and prevent any contact between a respondent minor
or | ||||||
6 | a sibling of a respondent minor and any person named in a | ||||||
7 | petition
seeking an order of protection who has been convicted | ||||||
8 | of
heinous battery or aggravated battery under subdivision | ||||||
9 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
10 | aggravated battery under subdivision (b)(1) of Section | ||||||
11 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
12 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
13 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
14 | in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||||||
15 | has been
convicted of an offense that resulted in the death of | ||||||
16 | a child, or has
violated a previous order of protection under | ||||||
17 | this Section.
| ||||||
18 | (3) When the court issues an order of protection against | ||||||
19 | any person as
provided by this Section, the court shall direct | ||||||
20 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
21 | shall furnish a copy of the
order of protection to the | ||||||
22 | Department of State Police within 24
hours of
receipt, in the | ||||||
23 | form and manner required by the Department. The Department
of | ||||||
24 | State Police shall maintain a complete record and index of such | ||||||
25 | orders
of protection and make this data available to all local | ||||||
26 | law enforcement
agencies.
|
| |||||||
| |||||||
1 | (4) After notice and opportunity for hearing afforded to a | ||||||
2 | person
subject to an order of protection, the order may be | ||||||
3 | modified or extended
for a further specified period or both or | ||||||
4 | may be terminated if the court
finds that the best interests of | ||||||
5 | the minor and the public will be served
thereby.
| ||||||
6 | (5) An order of protection may be sought at any time during | ||||||
7 | the course
of any proceeding conducted pursuant to this Act. | ||||||
8 | Any person against whom
an order of protection is sought may | ||||||
9 | retain counsel to represent him at a
hearing, and has rights to | ||||||
10 | be present at the hearing, to be informed prior
to the hearing | ||||||
11 | in writing of the contents of the petition seeking a
protective | ||||||
12 | order and of the date, place and time of such hearing, and to
| ||||||
13 | cross examine witnesses called by the petitioner and to present | ||||||
14 | witnesses
and argument in opposition to the relief sought in | ||||||
15 | the petition.
| ||||||
16 | (6) Diligent efforts shall be made by the petitioner to | ||||||
17 | serve any person
or persons against whom any order of | ||||||
18 | protection is sought with written
notice of the contents of the | ||||||
19 | petition seeking a protective order and
of the date, place and | ||||||
20 | time at
which the hearing on the petition is to be held. When a | ||||||
21 | protective order
is being sought in conjunction with a shelter | ||||||
22 | care hearing, if
the court finds that the person against whom | ||||||
23 | the protective order is being
sought has been notified of the | ||||||
24 | hearing or that diligent efforts have been
made to notify such | ||||||
25 | person, the court may conduct a hearing. If a
protective order | ||||||
26 | is sought at any time other than in conjunction with a
shelter |
| |||||||
| |||||||
1 | care hearing, the court may not conduct a hearing on
the | ||||||
2 | petition in the absence of the person against whom the order is | ||||||
3 | sought
unless the petitioner has notified such person by | ||||||
4 | personal service at least
3 days before the hearing or has sent | ||||||
5 | written notice by first class
mail to such person's last known | ||||||
6 | address at least 5 days before the hearing.
| ||||||
7 | (7) A person against whom an order of protection is being | ||||||
8 | sought who is
neither a parent, guardian, legal custodian or | ||||||
9 | responsible relative as
described in Section 1-5 is not a party | ||||||
10 | or respondent as defined in that
Section and shall not be | ||||||
11 | entitled to the rights provided therein.
Such person does not | ||||||
12 | have a right to appointed counsel or to be
present at any | ||||||
13 | hearing other than the hearing in which the order of
protection | ||||||
14 | is being sought or a hearing directly pertaining to that order.
| ||||||
15 | Unless the court orders otherwise, such person does not have a | ||||||
16 | right to
inspect the court file.
| ||||||
17 | (8) All protective orders entered under this Section shall | ||||||
18 | be in
writing. Unless the person against whom the order was | ||||||
19 | obtained was present
in court when the order was issued,
the | ||||||
20 | sheriff, other law enforcement official or special process | ||||||
21 | server shall
promptly serve that order upon that person and | ||||||
22 | file proof of such service,
in the manner provided for service | ||||||
23 | of process in civil proceedings. The
person against whom the | ||||||
24 | protective order was obtained may seek a
modification of the | ||||||
25 | order by filing a written motion to modify the order
within 7 | ||||||
26 | days after actual receipt by the person of a copy of the order.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
2 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
3 | 1-1-13.)
| ||||||
4 | (705 ILCS 405/5-125)
| ||||||
5 | Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | ||||||
6 | have violated a traffic, boating, or fish and game law,
or a | ||||||
7 | municipal or county ordinance, may be prosecuted for the | ||||||
8 | violation and if
found
guilty punished under any statute or | ||||||
9 | ordinance relating to the violation,
without reference to the | ||||||
10 | procedures set out in this Article, except that any
detention, | ||||||
11 | must be in compliance with this Article.
| ||||||
12 | For the purpose of this Section, "traffic violation" shall | ||||||
13 | include a
violation of Section 9-3 of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012 relating to the offense
of
| ||||||
15 | reckless homicide, Section 11-501 of the Illinois Vehicle Code, | ||||||
16 | or any similar
county or municipal ordinance.
| ||||||
17 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
18 | (705 ILCS 405/5-130)
| ||||||
19 | Sec. 5-130. Excluded jurisdiction.
| ||||||
20 | (1) (a) The definition of delinquent minor under Section | ||||||
21 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
22 | time of an offense was at
least 15 years of age and who is | ||||||
23 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
24 | sexual assault, (iii) aggravated battery with a firearm as |
| |||||||
| |||||||
1 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
2 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
3 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 , (iv) armed | ||||||
5 | robbery when the
armed robbery was committed with a firearm, or | ||||||
6 | (v)
aggravated vehicular hijacking
when the hijacking was | ||||||
7 | committed with a firearm.
| ||||||
8 | These charges and all other charges arising out of the same | ||||||
9 | incident shall
be prosecuted under the criminal laws of this | ||||||
10 | State.
| ||||||
11 | (b) (i) If before trial or plea an information or | ||||||
12 | indictment is filed that
does not charge an offense specified | ||||||
13 | in paragraph (a) of this subsection
(1) the State's Attorney | ||||||
14 | may proceed on any lesser charge or charges, but
only in | ||||||
15 | Juvenile Court under the provisions of this Article. The | ||||||
16 | State's
Attorney may proceed under the Criminal Code of 1961 on | ||||||
17 | a lesser charge if
before trial the minor defendant knowingly | ||||||
18 | and with advice of counsel waives,
in writing, his or her right | ||||||
19 | to have the matter proceed in Juvenile Court.
| ||||||
20 | (ii) If before trial or plea an information or indictment | ||||||
21 | is filed that
includes one or more charges specified in | ||||||
22 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
23 | that are not specified in that paragraph, all of the charges
| ||||||
24 | arising out of the same incident shall be prosecuted under the | ||||||
25 | Criminal Code of
1961 or the Criminal Code of 2012 .
| ||||||
26 | (c) (i) If after trial or plea the minor is convicted of |
| |||||||
| |||||||
1 | any offense
covered by paragraph (a) of this subsection (1), | ||||||
2 | then, in sentencing the minor,
the court shall have available | ||||||
3 | any or all dispositions prescribed for that
offense under | ||||||
4 | Chapter V of the Unified Code of Corrections.
| ||||||
5 | (ii) If after trial or plea the court finds that the minor | ||||||
6 | committed an
offense not covered by paragraph (a) of this | ||||||
7 | subsection (1), that finding shall
not invalidate the verdict | ||||||
8 | or the prosecution of the minor under the criminal
laws of the | ||||||
9 | State; however, unless the State requests a hearing for the
| ||||||
10 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
11 | Code of
Corrections, the Court must proceed under Sections | ||||||
12 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
13 | State must file a written motion within 10
days following the | ||||||
14 | entry of a finding or the return of a verdict. Reasonable
| ||||||
15 | notice of the motion shall be given to the minor or his or her | ||||||
16 | counsel.
If the motion is made by the State, the court shall | ||||||
17 | conduct a hearing to
determine if the minor should be sentenced | ||||||
18 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
19 | its determination, the court shall consider among
other | ||||||
20 | matters: (a) whether there is
evidence that the offense was | ||||||
21 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
22 | of the minor; (c) the previous history of the
minor; (d) | ||||||
23 | whether there are facilities particularly available to the | ||||||
24 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
25 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
26 | security of the public requires sentencing under Chapter V of |
| |||||||
| |||||||
1 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
2 | possessed a deadly
weapon when committing the offense. The | ||||||
3 | rules of evidence shall be the same as
if at trial. If after | ||||||
4 | the hearing the court finds that the minor should be
sentenced | ||||||
5 | under Chapter V of the Unified Code of Corrections, then the | ||||||
6 | court
shall sentence the minor accordingly having available to | ||||||
7 | it any or all
dispositions so prescribed.
| ||||||
8 | (2) (Blank).
| ||||||
9 | (3) (a) The definition of delinquent minor under Section
| ||||||
10 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
11 | time of the offense was at
least 15 years of age and who is | ||||||
12 | charged with a violation of the provisions of
paragraph (1), | ||||||
13 | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 while in | ||||||
15 | school, regardless of the time of day or the
time of year, or | ||||||
16 | on the real property comprising any school, regardless of the
| ||||||
17 | time of day or the time of year. School is defined, for | ||||||
18 | purposes of this
Section as any public or private elementary or | ||||||
19 | secondary school, community
college, college, or university. | ||||||
20 | These charges and all other charges arising
out of the same | ||||||
21 | incident shall be prosecuted under the criminal laws of this
| ||||||
22 | State.
| ||||||
23 | (b) (i) If before trial or plea an information or | ||||||
24 | indictment is filed that
does not charge an offense specified | ||||||
25 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
26 | may proceed on any lesser charge or charges, but only in
|
| |||||||
| |||||||
1 | Juvenile Court under the provisions of this Article. The | ||||||
2 | State's Attorney may
proceed under the criminal laws of this | ||||||
3 | State on a lesser charge if before
trial the minor defendant | ||||||
4 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
5 | her right to have the matter proceed in Juvenile Court.
| ||||||
6 | (ii) If before trial or plea an information or indictment | ||||||
7 | is filed that
includes one or more charges specified in | ||||||
8 | paragraph (a) of this subsection (3)
and additional charges | ||||||
9 | that are not specified in that paragraph, all of the
charges | ||||||
10 | arising out of the same incident shall be prosecuted under the | ||||||
11 | criminal
laws of this State.
| ||||||
12 | (c) (i) If after trial or plea the minor is convicted of | ||||||
13 | any offense
covered by paragraph (a) of this subsection (3), | ||||||
14 | then, in sentencing the minor,
the court shall have available | ||||||
15 | any or all dispositions prescribed for that
offense under | ||||||
16 | Chapter V of the Unified Code of Corrections.
| ||||||
17 | (ii) If after trial or plea the court finds that the minor | ||||||
18 | committed an
offense not covered by paragraph (a) of this | ||||||
19 | subsection (3), that finding shall
not invalidate the verdict | ||||||
20 | or the prosecution of the minor under the criminal
laws of the | ||||||
21 | State; however, unless the State requests a hearing for the
| ||||||
22 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
23 | Code of
Corrections, the Court must proceed under Sections | ||||||
24 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
25 | State must file a written motion within 10
days following the | ||||||
26 | entry of a finding or the return of a verdict. Reasonable
|
| |||||||
| |||||||
1 | notice of the motion shall be given to the minor or his or her | ||||||
2 | counsel. If the
motion is made by the State, the court shall | ||||||
3 | conduct a hearing to determine if
the minor should be sentenced | ||||||
4 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
5 | its determination, the court shall consider
among other | ||||||
6 | matters: (a) whether there is
evidence that the offense was | ||||||
7 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
8 | of the minor; (c) the previous history of the
minor; (d) | ||||||
9 | whether there are facilities particularly available to the | ||||||
10 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
11 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
12 | security of the public requires sentencing under Chapter V of | ||||||
13 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
14 | possessed a deadly
weapon when committing the offense. The | ||||||
15 | rules of evidence shall be the same as
if at trial. If after | ||||||
16 | the hearing the court finds that the minor should be
sentenced | ||||||
17 | under Chapter V of the Unified Code of Corrections, then the | ||||||
18 | court
shall sentence the minor accordingly having available to | ||||||
19 | it any or all
dispositions so prescribed.
| ||||||
20 | (4) (a) The definition of delinquent minor under Section | ||||||
21 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
22 | time of an offense was at least 13
years of age and who is | ||||||
23 | charged with first degree murder committed during the
course of | ||||||
24 | either aggravated criminal sexual assault, criminal sexual | ||||||
25 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
26 | does not include a minor
charged with first degree murder based |
| |||||||
| |||||||
1 | exclusively upon the accountability
provisions of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 .
| ||||||
3 | (b) (i) If before trial or plea an information or | ||||||
4 | indictment is filed that
does not charge first degree murder | ||||||
5 | committed during the course of aggravated
criminal sexual | ||||||
6 | assault, criminal
sexual assault, or aggravated kidnaping, the | ||||||
7 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
8 | but only in Juvenile Court under the provisions
of this | ||||||
9 | Article. The State's Attorney may proceed under the criminal | ||||||
10 | laws of
this State
on a lesser charge if before trial the minor | ||||||
11 | defendant knowingly and with
advice of counsel waives, in | ||||||
12 | writing, his or her right to have the matter
proceed in | ||||||
13 | Juvenile Court.
| ||||||
14 | (ii) If before trial or plea an information or
indictment | ||||||
15 | is filed that includes first degree murder committed during the
| ||||||
16 | course of aggravated criminal sexual assault, criminal sexual | ||||||
17 | assault, or
aggravated kidnaping, and additional charges that | ||||||
18 | are not specified in
paragraph (a) of this subsection, all of | ||||||
19 | the charges arising out of the same
incident shall be | ||||||
20 | prosecuted under the criminal laws of this State.
| ||||||
21 | (c) (i) If after trial or plea the minor is convicted of | ||||||
22 | first degree
murder
committed during the course of aggravated | ||||||
23 | criminal sexual assault, criminal
sexual assault, or | ||||||
24 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
25 | have available any or all dispositions prescribed for that | ||||||
26 | offense under
Chapter V of the Unified Code of Corrections.
|
| |||||||
| |||||||
1 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
2 | the offense, and if after trial or plea the court
finds that | ||||||
3 | the minor
committed an offense other than first degree murder | ||||||
4 | committed during
the course of either aggravated criminal | ||||||
5 | sexual assault, criminal sexual
assault, or aggravated | ||||||
6 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
7 | prosecution of the minor under the criminal laws of the State;
| ||||||
8 | however, unless the State requests a hearing for the purpose of | ||||||
9 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
10 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
11 | 5-710 of this Article. To request a hearing, the State must
| ||||||
12 | file a written motion within 10 days following the entry of a | ||||||
13 | finding or the
return of a verdict. Reasonable notice of the | ||||||
14 | motion shall be given to the
minor or his or her counsel. If | ||||||
15 | the motion is made by the State, the court
shall conduct a | ||||||
16 | hearing to determine whether the minor should be sentenced
| ||||||
17 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
18 | its determination, the court shall
consider among other | ||||||
19 | matters: (a) whether there is evidence that the offense
was | ||||||
20 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
21 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
22 | (d) whether there are facilities
particularly available to the | ||||||
23 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
24 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
25 | interest of the minor and the security of the public require | ||||||
26 | sentencing under
Chapter V of the Unified Code of Corrections; |
| |||||||
| |||||||
1 | and (f) whether the minor
possessed a deadly weapon when | ||||||
2 | committing the offense. The rules of evidence
shall be the same | ||||||
3 | as if at trial. If after the hearing the court finds that
the | ||||||
4 | minor should be sentenced under Chapter V of the Unified Code | ||||||
5 | of
Corrections, then the court shall sentence the minor | ||||||
6 | accordingly having
available to it any or all dispositions so | ||||||
7 | prescribed.
| ||||||
8 | (5) (a) The definition of delinquent minor under Section | ||||||
9 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
10 | charged with a violation of subsection (a)
of Section 31-6 or | ||||||
11 | Section 32-10 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 when the minor is
subject to prosecution under the | ||||||
13 | criminal laws of this State as a result of the
application of | ||||||
14 | the provisions of Section 5-125, or subsection (1) or (2) of
| ||||||
15 | this Section. These charges and all other charges arising out | ||||||
16 | of the same
incident shall be prosecuted under the criminal | ||||||
17 | laws of this State.
| ||||||
18 | (b) (i) If before trial or plea an information or | ||||||
19 | indictment is filed that
does not charge an offense specified | ||||||
20 | in paragraph (a) of this subsection (5),
the State's Attorney | ||||||
21 | may proceed on any lesser charge or charges, but only in
| ||||||
22 | Juvenile Court under the provisions of this Article. The | ||||||
23 | State's Attorney may
proceed under the criminal laws of this | ||||||
24 | State on a lesser charge if before
trial the minor defendant | ||||||
25 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
26 | her right to have the matter proceed in Juvenile Court.
|
| |||||||
| |||||||
1 | (ii) If before trial
or plea an information or indictment | ||||||
2 | is filed that includes one or more charges
specified in | ||||||
3 | paragraph (a) of this subsection (5) and additional charges | ||||||
4 | that
are not specified in that paragraph, all of
the charges | ||||||
5 | arising out of the same incident shall be prosecuted under the
| ||||||
6 | criminal laws of this State.
| ||||||
7 | (c) (i) If after trial or plea the minor is convicted of | ||||||
8 | any offense
covered
by paragraph (a) of this subsection (5), | ||||||
9 | then, in sentencing the minor, the
court shall have available | ||||||
10 | any or all dispositions prescribed for that offense
under | ||||||
11 | Chapter V of the Unified Code of Corrections.
| ||||||
12 | (ii) If after trial or
plea the court finds that the minor | ||||||
13 | committed an offense not covered by
paragraph (a) of
this | ||||||
14 | subsection (5), the conviction shall not invalidate the verdict | ||||||
15 | or the
prosecution of the minor under the criminal laws of this | ||||||
16 | State; however,
unless the State requests a hearing for the
| ||||||
17 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
18 | Code of
Corrections, the Court must proceed under Sections | ||||||
19 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
20 | State must file a written motion within 10 days
following the | ||||||
21 | entry of a finding or the return of a verdict. Reasonable | ||||||
22 | notice
of the motion shall be given to the minor or his or her | ||||||
23 | counsel. If the motion
is made by the State, the court shall | ||||||
24 | conduct a hearing to determine if whether
the minor should be | ||||||
25 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
26 | In making its determination, the court shall consider among |
| |||||||
| |||||||
1 | other
matters: (a) whether there is evidence that the offense | ||||||
2 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
3 | age of the minor; (c) the previous
delinquent history of the | ||||||
4 | minor; (d) whether there are facilities particularly
available | ||||||
5 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
6 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
7 | security of the public requires sentencing under Chapter V of | ||||||
8 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
9 | possessed a deadly weapon when
committing the offense. The | ||||||
10 | rules of evidence shall be the same as if at
trial. If after | ||||||
11 | the hearing the court finds that the minor should be sentenced
| ||||||
12 | under Chapter V of the Unified Code of Corrections, then the | ||||||
13 | court shall
sentence the minor accordingly having available to | ||||||
14 | it any or all dispositions
so prescribed.
| ||||||
15 | (6) The definition of delinquent minor under Section 5-120 | ||||||
16 | of this Article
shall not apply to any minor who, pursuant to | ||||||
17 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
18 | been placed under the jurisdiction of
the criminal court and | ||||||
19 | has been convicted of a crime under an adult criminal or
penal | ||||||
20 | statute. Such a minor shall be subject to prosecution under the | ||||||
21 | criminal
laws of this State.
| ||||||
22 | (7) The procedures set out in this Article for the | ||||||
23 | investigation, arrest and
prosecution of juvenile offenders | ||||||
24 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
25 | the Juvenile Court, except that minors under 17 years of
age | ||||||
26 | shall be kept separate from confined adults.
|
| |||||||
| |||||||
1 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
2 | of any
minor for an offense committed on or after his or her | ||||||
3 | 17th birthday even though
he or she is at the time of the | ||||||
4 | offense a ward of the court.
| ||||||
5 | (9) If an original petition for adjudication of wardship | ||||||
6 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
7 | act that constitutes a crime under the laws of this State,
the | ||||||
8 | minor, with the consent of his or her counsel, may, at any time | ||||||
9 | before
commencement of the adjudicatory hearing, file with the | ||||||
10 | court a motion
that criminal prosecution be ordered and that | ||||||
11 | the petition be dismissed
insofar as the act or acts involved | ||||||
12 | in the criminal proceedings are
concerned. If such a motion is | ||||||
13 | filed as herein provided, the court shall
enter its order | ||||||
14 | accordingly.
| ||||||
15 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
16 | Public Act 94-574), a minor is charged with a violation of | ||||||
17 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
18 | criminal laws of this State, other than a minor charged with a | ||||||
19 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
20 | Act or the Methamphetamine Control and Community Protection | ||||||
21 | Act, any party including the minor or the court sua sponte
may, | ||||||
22 | before trial,
move for a hearing for the purpose of trying and | ||||||
23 | sentencing the minor as
a delinquent minor. To request a | ||||||
24 | hearing, the party must file a motion
prior to trial. | ||||||
25 | Reasonable notice of the motion shall be given to all
parties. | ||||||
26 | On its own motion or upon the filing of a motion by one of the
|
| |||||||
| |||||||
1 | parties including the minor, the court shall conduct a hearing | ||||||
2 | to
determine whether the minor should be tried and sentenced as | ||||||
3 | a
delinquent minor under this Article. In making its | ||||||
4 | determination, the
court shall consider among other matters:
| ||||||
5 | (a) The age of the minor;
| ||||||
6 | (b) Any previous delinquent or criminal history of the | ||||||
7 | minor;
| ||||||
8 | (c) Any previous abuse or neglect history of the minor;
| ||||||
9 | (d) Any mental health or educational history of the minor, | ||||||
10 | or both; and
| ||||||
11 | (e) Whether there is probable cause to support the charge, | ||||||
12 | whether
the minor is charged through accountability, and | ||||||
13 | whether there is
evidence the minor possessed a deadly weapon | ||||||
14 | or caused serious
bodily harm during the offense.
| ||||||
15 | Any material that is relevant and reliable shall be | ||||||
16 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
17 | an order permitting prosecution
under the criminal laws of | ||||||
18 | Illinois unless the judge makes a finding
based on a | ||||||
19 | preponderance of the evidence that the minor would be
amenable | ||||||
20 | to the care, treatment, and training programs available
through | ||||||
21 | the facilities of the juvenile court based on an evaluation of
| ||||||
22 | the factors listed in this subsection (10).
| ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
24 | (705 ILCS 405/5-155)
| ||||||
25 | Sec. 5-155.
Any weapon in possession of a minor found to be |
| |||||||
| |||||||
1 | a
delinquent under Section 5-105 for an offense involving the | ||||||
2 | use of a weapon
or for being in possession of a weapon during | ||||||
3 | the commission of an offense
shall be confiscated and disposed | ||||||
4 | of by the juvenile court whether the
weapon is the property of | ||||||
5 | the minor or his or her parent or guardian.
Disposition
of the | ||||||
6 | weapon by the court shall be in accordance with Section 24-6 of | ||||||
7 | the
Criminal Code of 2012 1961 .
| ||||||
8 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
9 | (705 ILCS 405/5-170)
| ||||||
10 | Sec. 5-170. Representation by counsel.
| ||||||
11 | (a) In a proceeding
under this Article, a minor who was | ||||||
12 | under 13 years of age at the time of the
commission of an act | ||||||
13 | that if committed by an adult would be a violation of
Section | ||||||
14 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, | ||||||
15 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or | ||||||
16 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | must be represented by counsel
during the entire custodial | ||||||
18 | interrogation of the minor. | ||||||
19 | (b) In a judicial proceeding
under this Article, a minor | ||||||
20 | may not waive the right to the assistance of counsel in his or | ||||||
21 | her defense.
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
23 | (705 ILCS 405/5-401.5)
| ||||||
24 | Sec. 5-401.5. When statements by minor may be used.
|
| |||||||
| |||||||
1 | (a) In this Section, "custodial interrogation" means any | ||||||
2 | interrogation
(i) during which a reasonable person in the | ||||||
3 | subject's position
would consider himself or herself to be in | ||||||
4 | custody and (ii) during which
a
question is asked that is | ||||||
5 | reasonably likely to elicit an incriminating
response.
| ||||||
6 | In this Section, "electronic recording" includes motion | ||||||
7 | picture,
audiotape, videotape, or digital recording.
| ||||||
8 | In this Section, "place of detention" means a building
or a | ||||||
9 | police station that is a place of operation for a municipal | ||||||
10 | police
department or county sheriff department or other law | ||||||
11 | enforcement agency
at which persons are or may be held in | ||||||
12 | detention in
connection with criminal charges against those | ||||||
13 | persons or allegations that
those
persons are delinquent | ||||||
14 | minors.
| ||||||
15 | (b) An oral, written, or sign language statement of a minor | ||||||
16 | who, at the time
of the
commission of the offense was under the | ||||||
17 | age of 17
years, made as a
result of a custodial interrogation | ||||||
18 | conducted at a police station or other
place of detention on or | ||||||
19 | after
the effective date of
this amendatory Act of the 93rd | ||||||
20 | General Assembly shall be presumed to be
inadmissible as | ||||||
21 | evidence against the
minor in
any criminal proceeding or | ||||||
22 | juvenile court proceeding,
for an act that if committed by an | ||||||
23 | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
24 | 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012,
or under clause (d)(1)(F) of Section | ||||||
26 | 11-501 of the Illinois Vehicle Code
unless:
|
| |||||||
| |||||||
1 | (1) an electronic recording
is made of the custodial | ||||||
2 | interrogation; and
| ||||||
3 | (2) the recording is substantially accurate and not | ||||||
4 | intentionally altered.
| ||||||
5 | (c) Every electronic recording required under this Section
| ||||||
6 | must be preserved
until such time as the
minor's adjudication
| ||||||
7 | for any
offense relating to the statement is final and all | ||||||
8 | direct and habeas corpus
appeals are
exhausted,
or the | ||||||
9 | prosecution of such offenses is barred by law.
| ||||||
10 | (d) If the court finds, by a preponderance of the evidence, | ||||||
11 | that the
minor
was
subjected to a custodial interrogation in | ||||||
12 | violation of this Section,
then any statements made
by the
| ||||||
13 | minor during or following that non-recorded custodial | ||||||
14 | interrogation, even
if
otherwise in compliance with this | ||||||
15 | Section, are presumed to be inadmissible in
any criminal
| ||||||
16 | proceeding or juvenile court proceeding against the minor | ||||||
17 | except for the
purposes of impeachment.
| ||||||
18 | (e) Nothing in this Section precludes the admission (i) of | ||||||
19 | a statement made
by the
minor in open court in any criminal | ||||||
20 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
21 | or
at a
preliminary hearing,
(ii) of a
statement made during a
| ||||||
22 | custodial interrogation that was not recorded as required by
| ||||||
23 | this
Section because electronic recording was not feasible, | ||||||
24 | (iii) of a
voluntary
statement,
whether or not the result of a | ||||||
25 | custodial interrogation, that has a bearing on
the
credibility | ||||||
26 | of the accused as a witness, (iv)
of a spontaneous statement
|
| |||||||
| |||||||
1 | that is not made in response to a question,
(v) of a statement | ||||||
2 | made after questioning that is routinely
asked during the | ||||||
3 | processing of the arrest of the suspect, (vi) of a statement
| ||||||
4 | made during a custodial interrogation by a suspect who | ||||||
5 | requests, prior to
making
the statement, to respond to the
| ||||||
6 | interrogator's questions only if
an electronic recording is not | ||||||
7 | made of the statement, provided that an
electronic
recording is | ||||||
8 | made of the statement of agreeing to respond to
the | ||||||
9 | interrogator's question, only if a recording is not made of the | ||||||
10 | statement,
(vii)
of a statement made
during a custodial
| ||||||
11 | interrogation that is conducted out-of-state,
(viii)
of a
| ||||||
12 | statement given at a time when the interrogators are unaware | ||||||
13 | that a death
has in fact occurred, or (ix) of any
other | ||||||
14 | statement that may be admissible under law. The State shall | ||||||
15 | bear the
burden of proving, by a preponderance of the evidence, | ||||||
16 | that one of the
exceptions described in this subsection (e) is | ||||||
17 | applicable. Nothing in this
Section precludes the admission of | ||||||
18 | a statement, otherwise inadmissible under
this Section, that is | ||||||
19 | used only for impeachment and not as substantive
evidence.
| ||||||
20 | (f) The presumption of inadmissibility of a statement made | ||||||
21 | by a suspect at
a custodial interrogation at a police station | ||||||
22 | or other place of detention may
be overcome by a preponderance | ||||||
23 | of the evidence
that
the statement was voluntarily given and is | ||||||
24 | reliable, based on the totality of
the
circumstances.
| ||||||
25 | (g) Any electronic recording of any statement made by a | ||||||
26 | minor during a
custodial interrogation that is compiled by any |
| |||||||
| |||||||
1 | law enforcement agency as
required by this Section for the | ||||||
2 | purposes of fulfilling the requirements of
this
Section shall | ||||||
3 | be confidential and exempt from public inspection and copying, | ||||||
4 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
5 | and the information
shall not be transmitted to anyone except | ||||||
6 | as needed to comply with this
Section.
| ||||||
7 | (h) A statement, admission, confession, or incriminating | ||||||
8 | information made by or obtained from a minor related to the | ||||||
9 | instant offense, as part of any behavioral health screening, | ||||||
10 | assessment, evaluation, or treatment, whether or not | ||||||
11 | court-ordered, shall not be admissible as evidence against the | ||||||
12 | minor on the issue of guilt only in the instant juvenile court | ||||||
13 | proceeding. The provisions of this subsection (h) are in | ||||||
14 | addition to and do not override any existing statutory and | ||||||
15 | constitutional prohibition on the admission into evidence in | ||||||
16 | delinquency proceedings of information obtained during | ||||||
17 | screening, assessment, or treatment. | ||||||
18 | (Source: P.A. 96-1251, eff. 1-1-11.)
| ||||||
19 | (705 ILCS 405/5-407)
| ||||||
20 | Sec. 5-407. Processing of juvenile in possession of a | ||||||
21 | firearm.
| ||||||
22 | (a) If a law enforcement officer detains a minor pursuant | ||||||
23 | to Section
10-27.1A of the
School Code, the officer shall | ||||||
24 | deliver the minor to the nearest juvenile
officer, in the | ||||||
25 | manner
prescribed by subsection (2) of Section 5-405 of this |
| |||||||
| |||||||
1 | Act. The juvenile
officer shall deliver the
minor without | ||||||
2 | unnecessary delay to the court or to the place designated by | ||||||
3 | rule
or order of court
for the reception of minors. In no event | ||||||
4 | shall the minor be eligible for any
other disposition by
the | ||||||
5 | juvenile police officer, notwithstanding the provisions of | ||||||
6 | subsection (3)
of Section 5-405 of
this Act.
| ||||||
7 | (b) Minors not excluded from this Act's jurisdiction under | ||||||
8 | subsection (3)(a)
of Section 5-130 of this Act shall be brought | ||||||
9 | before a judicial officer within
40 hours,
exclusive of | ||||||
10 | Saturdays,
Sundays, and court-designated holidays, for a | ||||||
11 | detention hearing to determine
whether he or she
shall be | ||||||
12 | further held in custody. If the court finds that there is | ||||||
13 | probable
cause to believe that the
minor is a delinquent minor | ||||||
14 | by virtue of his or her violation of item (4) of
subsection (a) | ||||||
15 | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012
while on school grounds, that finding shall create | ||||||
17 | a presumption that immediate
and urgent necessity exists under
| ||||||
18 | subdivision (2) of Section 5-501 of this Act. Once the | ||||||
19 | presumption of
immediate and urgent necessity has been raised, | ||||||
20 | the burden of demonstrating the
lack of immediate and urgent | ||||||
21 | necessity shall be on any party that is opposing
detention for | ||||||
22 | the minor. Should the court order detention pursuant to this
| ||||||
23 | Section, the minor
shall be detained, pending the results of a | ||||||
24 | court-ordered
psychological
evaluation to determine if the | ||||||
25 | minor is a risk to himself, herself, or others.
Upon receipt of | ||||||
26 | the
psychological evaluation, the court shall review the |
| |||||||
| |||||||
1 | determination regarding
the existence of
urgent and immediate | ||||||
2 | necessity. The court shall consider the psychological
| ||||||
3 | evaluation in
conjunction with the other factors identified in | ||||||
4 | subdivision (2) of Section
5-501 of this Act in
order to make a | ||||||
5 | de novo determination regarding whether it is a matter of
| ||||||
6 | immediate and urgent
necessity for the protection of the minor | ||||||
7 | or of the person or property of
another that the minor be
| ||||||
8 | detained or placed in a shelter care facility. In addition to | ||||||
9 | the pre-trial
conditions found in
Section 5-505 of this Act, | ||||||
10 | the court may order the minor to receive counseling
and any | ||||||
11 | other
services recommended by the psychological evaluation as a | ||||||
12 | condition for release
of the minor.
| ||||||
13 | (c) Upon making a determination that the student presents a | ||||||
14 | risk to himself,
herself, or
others, the court shall issue an | ||||||
15 | order restraining the student from entering
the property of the
| ||||||
16 | school if he or she has been suspended or expelled from the | ||||||
17 | school as a result
of possessing a
firearm. The order shall | ||||||
18 | restrain the student from entering the school and
school
owned | ||||||
19 | or leased
property, including any conveyance owned, leased, or | ||||||
20 | contracted by the school
to transport
students to or from | ||||||
21 | school or a school-related activity. The order shall
remain in | ||||||
22 | effect until such
time as the court determines that the student | ||||||
23 | no longer presents a risk to
himself, herself, or
others.
| ||||||
24 | (d) Psychological evaluations ordered pursuant to | ||||||
25 | subsection (b) of this
Section and
statements made by the minor | ||||||
26 | during the course of these evaluations, shall not
be admissible |
| |||||||
| |||||||
1 | on
the issue of delinquency during the course of any | ||||||
2 | adjudicatory hearing held
under this Act.
| ||||||
3 | (e) In this Section:
| ||||||
4 | "School" means any public or
private
elementary or | ||||||
5 | secondary school.
| ||||||
6 | "School grounds" includes the real
property comprising
any | ||||||
7 | school, any conveyance owned, leased, or contracted by a school | ||||||
8 | to
transport students to or
from school or a school-related | ||||||
9 | activity, or any public way within 1,000
feet of the real
| ||||||
10 | property comprising any school.
| ||||||
11 | (Source: P.A. 91-11, eff. 6-4-99.)
| ||||||
12 | (705 ILCS 405/5-415)
| ||||||
13 | Sec. 5-415. Setting of detention or shelter care hearing; | ||||||
14 | release.
| ||||||
15 | (1) Unless sooner released, a minor alleged to be a | ||||||
16 | delinquent minor taken
into temporary custody must be brought | ||||||
17 | before a judicial officer within 40
hours for a detention or | ||||||
18 | shelter care hearing to determine whether he or she
shall be
| ||||||
19 | further held in custody. If a minor alleged to be a delinquent | ||||||
20 | minor taken into
custody is hospitalized or is receiving | ||||||
21 | treatment for a physical or mental
condition, and is unable to | ||||||
22 | be brought before a judicial officer for a
detention or shelter | ||||||
23 | care hearing, the 40 hour period will not commence until
the | ||||||
24 | minor is released from the hospital or place of treatment. If | ||||||
25 | the minor
gives false information to law enforcement officials |
| |||||||
| |||||||
1 | regarding the minor's
identity or age, the 40 hour period will | ||||||
2 | not commence until the court rules
that the minor is subject to | ||||||
3 | this Act and not subject to prosecution under the
Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012 . Any
other delay | ||||||
5 | attributable to a minor alleged to be a delinquent minor who is
| ||||||
6 | taken into temporary custody shall act to toll the 40 hour time | ||||||
7 | period. The 40 hour time period shall be tolled to allow | ||||||
8 | counsel for the minor to prepare for the detention or shelter | ||||||
9 | care hearing, upon a motion filed by such counsel and granted | ||||||
10 | by the court. In all
cases, the 40 hour time period is | ||||||
11 | exclusive of Saturdays, Sundays and
court-designated holidays.
| ||||||
12 | (2) If the State's Attorney or probation officer (or other | ||||||
13 | public
officer designated by the court in a county having more | ||||||
14 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
15 | retained in custody, he or she
shall
cause a petition to be | ||||||
16 | filed as provided in Section 5-520 of this Article, and
the | ||||||
17 | clerk of the court shall set the matter for hearing on the | ||||||
18 | detention or
shelter care hearing calendar. Immediately upon | ||||||
19 | the filing of a petition in the case of a minor retained in | ||||||
20 | custody, the court shall cause counsel to be appointed to | ||||||
21 | represent the minor. When a parent, legal guardian, custodian, | ||||||
22 | or
responsible relative is present and so requests, the | ||||||
23 | detention or shelter care
hearing shall be held immediately if | ||||||
24 | the court is in session
and the State is ready to proceed, | ||||||
25 | otherwise at the earliest feasible time.
In no event shall a | ||||||
26 | detention or shelter care hearing be held until the minor has |
| |||||||
| |||||||
1 | had adequate opportunity to consult with counsel. The probation | ||||||
2 | officer or such other public officer designated by the court in | ||||||
3 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
4 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
5 | relative of the time and place of the
hearing. The notice may | ||||||
6 | be given orally.
| ||||||
7 | (3) The minor must be released from custody at the | ||||||
8 | expiration of the 40
hour period specified by this Section if | ||||||
9 | not brought before a judicial officer
within that period.
| ||||||
10 | (4) After the initial 40 hour period has lapsed, the court | ||||||
11 | may review the
minor's custodial status at any time prior to | ||||||
12 | the trial or sentencing
hearing. If during this time period new | ||||||
13 | or additional information becomes
available concerning the | ||||||
14 | minor's conduct, the court may conduct a hearing to
determine | ||||||
15 | whether the minor should be placed in a detention or shelter | ||||||
16 | care
facility. If the court finds that there is probable cause | ||||||
17 | that the minor is a
delinquent minor and that it is a matter of | ||||||
18 | immediate and urgent necessity for
the protection of the minor | ||||||
19 | or of the person or property of another, or that he
or she is | ||||||
20 | likely to flee the jurisdiction of the court, the court may | ||||||
21 | order
that the minor be placed in detention or shelter care.
| ||||||
22 | (Source: P.A. 95-846, eff. 1-1-09.)
| ||||||
23 | (705 ILCS 405/5-605)
| ||||||
24 | Sec. 5-605.
Trials, pleas, guilty but mentally ill and not | ||||||
25 | guilty by
reason of insanity.
|
| |||||||
| |||||||
1 | (1) Method of trial. All delinquency proceedings shall be | ||||||
2 | heard by the
court except those proceedings under this Act | ||||||
3 | where the right to trial by jury
is specifically set forth. At | ||||||
4 | any time a minor may waive his or her right to
trial by jury.
| ||||||
5 | (2) Pleas of guilty and guilty but mentally ill.
| ||||||
6 | (a) Before or during trial, a plea of guilty may be | ||||||
7 | accepted when the
court has informed the minor of the | ||||||
8 | consequences of his or her plea and of the
maximum
penalty | ||||||
9 | provided by law which may be imposed upon acceptance of the | ||||||
10 | plea.
Upon acceptance of a plea of guilty, the court shall | ||||||
11 | determine the factual
basis of a plea.
| ||||||
12 | (b) Before or during trial, a plea of guilty but | ||||||
13 | mentally ill may be
accepted by the court
when:
| ||||||
14 | (i) the minor has undergone an examination by a | ||||||
15 | clinical psychologist or
psychiatrist and has waived | ||||||
16 | his or her right to trial; and
| ||||||
17 | (ii) the judge has examined the psychiatric or | ||||||
18 | psychological report or
reports; and
| ||||||
19 | (iii) the judge has held a hearing, at which either | ||||||
20 | party may present
evidence, on the issue of the minor's | ||||||
21 | mental health and, at the conclusion of
the hearing, is | ||||||
22 | satisfied that there is a factual basis that the minor | ||||||
23 | was
mentally ill at the time of the offense to which | ||||||
24 | the plea is entered.
| ||||||
25 | (3) Trial by the court.
| ||||||
26 | (a) A trial shall be conducted in the presence of the |
| |||||||
| |||||||
1 | minor unless he or
she
waives the right to be present. At | ||||||
2 | the trial, the court shall consider the
question whether | ||||||
3 | the minor is delinquent. The standard of proof and the | ||||||
4 | rules
of evidence in the nature of criminal proceedings in | ||||||
5 | this State are applicable
to that consideration.
| ||||||
6 | (b) Upon conclusion of the trial the court shall enter | ||||||
7 | a general finding,
except that, when the affirmative | ||||||
8 | defense of insanity has been presented during
the trial and | ||||||
9 | acquittal is based solely upon the defense of insanity, the | ||||||
10 | court
shall enter a finding of not guilty by reason of | ||||||
11 | insanity. In the event of a
finding of not guilty by reason | ||||||
12 | of insanity, a hearing shall be held pursuant
to the Mental | ||||||
13 | Health and Developmental
Disabilities Code to determine | ||||||
14 | whether the minor is subject to involuntary
admission.
| ||||||
15 | (c) When the minor has asserted a defense of insanity, | ||||||
16 | the court may find
the minor guilty but mentally ill if, | ||||||
17 | after hearing all of the evidence, the
court finds that:
| ||||||
18 | (i) the State has proven beyond a reasonable doubt | ||||||
19 | that the minor is
guilty of the offense charged; and
| ||||||
20 | (ii) the minor has failed to prove his or her | ||||||
21 | insanity as required in
subsection
(b) of Section 3-2 | ||||||
22 | of the Criminal Code of 2012 1961 , and subsections
(a), | ||||||
23 | (b) and (e) of Section 6-2 of the Criminal Code of 2012 | ||||||
24 | 1961 ; and
| ||||||
25 | (iii) the minor has proven by a preponderance of | ||||||
26 | the evidence that he
was
mentally ill, as defined in |
| |||||||
| |||||||
1 | subsections (c) and (d) of Section 6-2 of the
Criminal | ||||||
2 | Code of 2012 1961 at the time of the offense.
| ||||||
3 | (4) Trial by court and jury.
| ||||||
4 | (a) Questions of law shall be decided by the court and | ||||||
5 | questions of fact
by the jury.
| ||||||
6 | (b) The jury shall consist of 12 members.
| ||||||
7 | (c) Upon request the parties shall be furnished with a | ||||||
8 | list of prospective
jurors with their addresses if known.
| ||||||
9 | (d) Each party may challenge jurors for cause. If a | ||||||
10 | prospective juror has
a physical impairment, the court | ||||||
11 | shall consider the prospective juror's
ability to perceive | ||||||
12 | and appreciate the evidence when considering a challenge
| ||||||
13 | for cause.
| ||||||
14 | (e) A minor tried alone shall be allowed 7 peremptory | ||||||
15 | challenges; except
that, in a single trial of more than one | ||||||
16 | minor, each minor shall be allowed 5
peremptory challenges. | ||||||
17 | If several charges against a minor or minors are
| ||||||
18 | consolidated for trial, each minor shall be allowed | ||||||
19 | peremptory challenges upon
one charge only, which single | ||||||
20 | charge shall be the charge against that minor
authorizing | ||||||
21 | the greatest maximum penalty. The State shall be allowed | ||||||
22 | the same
number of peremptory challenges as all of the | ||||||
23 | minors.
| ||||||
24 | (f) After examination by the court, the jurors may be | ||||||
25 | examined, passed
upon, accepted and tendered by opposing | ||||||
26 | counsel as provided by Supreme Court
Rules.
|
| |||||||
| |||||||
1 | (g) After the jury is impaneled and sworn, the court | ||||||
2 | may direct the
selection of 2 alternate jurors who shall | ||||||
3 | take the same oath as the regular
jurors. Each party shall | ||||||
4 | have one additional peremptory challenge for each
| ||||||
5 | alternate juror. If before the final submission of a cause | ||||||
6 | a member of the
jury dies or is discharged, he or she shall | ||||||
7 | be replaced by an alternate juror
in the
order of | ||||||
8 | selection.
| ||||||
9 | (h) A trial by the court and jury shall be conducted in | ||||||
10 | the presence of
the minor unless he or she waives the right | ||||||
11 | to be present.
| ||||||
12 | (i) After arguments of counsel the court shall instruct | ||||||
13 | the jury as to the
law.
| ||||||
14 | (j) Unless the affirmative defense of insanity has been | ||||||
15 | presented during
the trial, the jury shall return a general | ||||||
16 | verdict as to each offense charged.
When the affirmative | ||||||
17 | defense of insanity has been presented during the trial,
| ||||||
18 | the court shall provide the jury not only with general | ||||||
19 | verdict forms but also
with a special verdict form of not | ||||||
20 | guilty by reason of insanity, as to each
offense charged, | ||||||
21 | and in the event the court shall separately instruct the | ||||||
22 | jury
that a special verdict of not guilty by reason of | ||||||
23 | insanity may be returned
instead of a general verdict but | ||||||
24 | the special verdict requires a unanimous
finding by the | ||||||
25 | jury that the minor committed the acts charged but at the | ||||||
26 | time
of
the commission of those acts the minor was insane. |
| |||||||
| |||||||
1 | In the event of a verdict
of not guilty
by reason of | ||||||
2 | insanity, a hearing shall be held pursuant to the Mental | ||||||
3 | Health
and Developmental Disabilities Code to determine | ||||||
4 | whether the minor is subject
to involuntary admission. When | ||||||
5 | the affirmative defense of insanity has been
presented | ||||||
6 | during the trial, the court, where warranted by the | ||||||
7 | evidence, shall
also provide the jury with a special | ||||||
8 | verdict form of guilty but mentally ill,
as to each offense | ||||||
9 | charged and shall separately instruct the jury that a
| ||||||
10 | special verdict of guilty but mentally ill may be returned | ||||||
11 | instead of a general
verdict, but that the special verdict | ||||||
12 | requires a unanimous finding by the jury
that: (i) the | ||||||
13 | State has proven beyond a reasonable doubt that the minor | ||||||
14 | is
guilty of the offense charged; and (ii) the minor has | ||||||
15 | failed to prove his or
her
insanity as required in | ||||||
16 | subsection (b) of Section 3-2 of the Criminal Code of
2012 | ||||||
17 | 1961
and subsections (a), (b) and (e) of Section 6-2 of the | ||||||
18 | Criminal Code of 2012 1961 ;
and (iii) the minor has proven | ||||||
19 | by a preponderance of the evidence that
he or she was | ||||||
20 | mentally ill, as defined in subsections (c) and (d) of | ||||||
21 | Section
6-2 of
the Criminal Code of 2012 1961 at the time | ||||||
22 | of the offense.
| ||||||
23 | (k) When, at the close of the State's evidence or at | ||||||
24 | the close of all of
the evidence, the evidence is | ||||||
25 | insufficient to support a finding or verdict of
guilty the | ||||||
26 | court may and on motion of the minor shall make a finding |
| |||||||
| |||||||
1 | or direct
the jury to return a verdict of not guilty, enter | ||||||
2 | a judgment of acquittal and
discharge the minor.
| ||||||
3 | (l) When the jury retires to consider its verdict, an | ||||||
4 | officer of the court
shall be
appointed to keep them | ||||||
5 | together and to prevent conversation between the jurors
and | ||||||
6 | others; however, if any juror is deaf, the jury may be | ||||||
7 | accompanied by and
may communicate with a court-appointed | ||||||
8 | interpreter during its deliberations.
Upon agreement | ||||||
9 | between the State and minor or his or her counsel, and the
| ||||||
10 | parties
waive polling of the jury, the jury may seal and | ||||||
11 | deliver its verdict to the
clerk of the court, separate, | ||||||
12 | and then return the verdict in open court at its
next | ||||||
13 | session.
| ||||||
14 | (m) In a trial, any juror who is a member of a panel or | ||||||
15 | jury which has
been impaneled and sworn as a panel or as a | ||||||
16 | jury shall be permitted to separate
from other jurors | ||||||
17 | during every period of adjournment to a later day, until
| ||||||
18 | final submission of the cause to the jury for | ||||||
19 | determination, except that no
such separation shall be | ||||||
20 | permitted in any trial
after the court, upon motion by the | ||||||
21 | minor or the State or upon its own motion,
finds a | ||||||
22 | probability that prejudice to the minor or to the State | ||||||
23 | will result
from the separation.
| ||||||
24 | (n) The members of the jury shall be entitled to take | ||||||
25 | notes during the
trial, and the sheriff of the county in | ||||||
26 | which the jury is sitting shall provide
them with writing |
| |||||||
| |||||||
1 | materials for this purpose. The notes shall remain
| ||||||
2 | confidential, and shall be destroyed by the sheriff after | ||||||
3 | the verdict has been
returned or a mistrial declared.
| ||||||
4 | (o) A minor tried by the court and jury shall only be | ||||||
5 | found guilty, guilty
but mentally ill, not guilty or not | ||||||
6 | guilty by reason of insanity, upon the
unanimous verdict of | ||||||
7 | the jury.
| ||||||
8 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
9 | (705 ILCS 405/5-615)
| ||||||
10 | Sec. 5-615. Continuance under supervision.
| ||||||
11 | (1) The court may enter an order of continuance under | ||||||
12 | supervision for an
offense other than first degree murder, a | ||||||
13 | Class X felony or a forcible felony
(a) upon an admission or | ||||||
14 | stipulation by the appropriate respondent or minor
respondent | ||||||
15 | of the facts supporting the
petition and before proceeding to | ||||||
16 | adjudication, or after hearing the evidence
at the trial, and | ||||||
17 | (b) in the absence of objection made in open court by the
| ||||||
18 | minor, his or her parent, guardian, or legal custodian, the | ||||||
19 | minor's attorney or
the
State's Attorney.
| ||||||
20 | (2) If the minor, his or her parent, guardian, or legal | ||||||
21 | custodian, the
minor's
attorney or State's Attorney objects in | ||||||
22 | open court to any continuance and
insists upon proceeding to | ||||||
23 | findings and adjudication, the court shall so
proceed.
| ||||||
24 | (3) Nothing in this Section limits the power of the court | ||||||
25 | to order a
continuance of the hearing for the production of |
| |||||||
| |||||||
1 | additional evidence or for any
other proper reason.
| ||||||
2 | (4) When a hearing where a minor is alleged to be a | ||||||
3 | delinquent is
continued
pursuant to this Section, the period of | ||||||
4 | continuance under supervision may not
exceed 24 months. The | ||||||
5 | court may terminate a continuance under supervision at
any time | ||||||
6 | if warranted by the conduct of the minor and the ends of | ||||||
7 | justice.
| ||||||
8 | (5) When a hearing where a minor is alleged to be | ||||||
9 | delinquent is continued
pursuant to this Section, the court | ||||||
10 | may, as conditions of the continuance under
supervision, | ||||||
11 | require the minor to do any of the following:
| ||||||
12 | (a) not violate any criminal statute of any | ||||||
13 | jurisdiction;
| ||||||
14 | (b) make a report to and appear in person before any | ||||||
15 | person or agency as
directed by the court;
| ||||||
16 | (c) work or pursue a course of study or vocational | ||||||
17 | training;
| ||||||
18 | (d) undergo medical or psychotherapeutic treatment | ||||||
19 | rendered by a therapist
licensed under the provisions of | ||||||
20 | the Medical Practice Act of 1987, the
Clinical Psychologist | ||||||
21 | Licensing Act, or the Clinical Social Work and Social
Work | ||||||
22 | Practice Act, or an entity licensed by the Department of | ||||||
23 | Human Services as
a successor to the Department of | ||||||
24 | Alcoholism and Substance Abuse, for the
provision of drug | ||||||
25 | addiction and alcoholism treatment;
| ||||||
26 | (e) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction or
residence of persons on probation;
| ||||||
2 | (f) support his or her dependents, if any;
| ||||||
3 | (g) pay costs;
| ||||||
4 | (h) refrain from possessing a firearm or other | ||||||
5 | dangerous weapon, or an
automobile;
| ||||||
6 | (i) permit the probation officer to visit him or her at | ||||||
7 | his or her home or
elsewhere;
| ||||||
8 | (j) reside with his or her parents or in a foster home;
| ||||||
9 | (k) attend school;
| ||||||
10 | (k-5) with the consent of the superintendent
of the
| ||||||
11 | facility, attend an educational program at a facility other | ||||||
12 | than the school
in which the
offense was committed if he
or | ||||||
13 | she committed a crime of violence as
defined in
Section 2 | ||||||
14 | of the Crime Victims Compensation Act in a school, on the
| ||||||
15 | real
property
comprising a school, or within 1,000 feet of | ||||||
16 | the real property comprising a
school;
| ||||||
17 | (l) attend a non-residential program for youth;
| ||||||
18 | (m) contribute to his or her own support at home or in | ||||||
19 | a foster home;
| ||||||
20 | (n) perform some reasonable public or community | ||||||
21 | service;
| ||||||
22 | (o) make restitution to the victim, in the same manner | ||||||
23 | and under the same
conditions as provided in subsection (4) | ||||||
24 | of Section 5-710, except that the
"sentencing hearing" | ||||||
25 | referred
to in that Section shall be the adjudicatory | ||||||
26 | hearing for purposes of this
Section;
|
| |||||||
| |||||||
1 | (p) comply with curfew requirements as designated by | ||||||
2 | the court;
| ||||||
3 | (q) refrain from entering into a designated geographic | ||||||
4 | area except upon
terms as the court finds appropriate. The | ||||||
5 | terms may include consideration of
the purpose of the | ||||||
6 | entry, the time of day, other persons accompanying the
| ||||||
7 | minor, and advance approval by a probation officer;
| ||||||
8 | (r) refrain from having any contact, directly or | ||||||
9 | indirectly, with certain
specified persons or particular | ||||||
10 | types of persons, including but not limited to
members of | ||||||
11 | street gangs and drug users or dealers;
| ||||||
12 | (r-5) undergo a medical or other procedure to have a | ||||||
13 | tattoo symbolizing
allegiance to a street gang removed from | ||||||
14 | his or her body;
| ||||||
15 | (s) refrain from having in his or her body the presence | ||||||
16 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
17 | the Illinois Controlled Substances
Act, or the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | unless prescribed by a physician, and submit samples of his | ||||||
20 | or her blood
or urine or both for tests to determine the | ||||||
21 | presence of any illicit drug; or
| ||||||
22 | (t) comply with any other conditions as may be ordered | ||||||
23 | by the court.
| ||||||
24 | (6) A minor whose case is continued under supervision under | ||||||
25 | subsection (5)
shall be given a certificate setting forth the | ||||||
26 | conditions imposed by the court.
Those conditions may be |
| |||||||
| |||||||
1 | reduced, enlarged, or modified by the court on motion
of the | ||||||
2 | probation officer or on its own motion, or that of the State's | ||||||
3 | Attorney,
or, at the request of the minor after notice and | ||||||
4 | hearing.
| ||||||
5 | (7) If a petition is filed charging a violation of a | ||||||
6 | condition of the
continuance under supervision, the court shall | ||||||
7 | conduct a hearing. If the court
finds that a condition of | ||||||
8 | supervision has not been fulfilled, the court may
proceed to | ||||||
9 | findings and adjudication and disposition. The filing of a | ||||||
10 | petition
for violation of a condition of the continuance under | ||||||
11 | supervision shall toll
the period of continuance under | ||||||
12 | supervision until the final determination of
the charge, and | ||||||
13 | the term of the continuance under supervision shall not run
| ||||||
14 | until the hearing and disposition of the petition for | ||||||
15 | violation; provided
where the petition alleges conduct that | ||||||
16 | does not constitute a criminal offense,
the hearing must be | ||||||
17 | held within 30 days of the filing of the petition unless a
| ||||||
18 | delay shall continue the tolling of the period of continuance | ||||||
19 | under supervision
for the period of
the delay.
| ||||||
20 | (8) When a hearing in which a minor is alleged to be a | ||||||
21 | delinquent for
reasons that include a violation of Section | ||||||
22 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012
is continued under this Section, the court shall, as a | ||||||
24 | condition of the
continuance under supervision, require the | ||||||
25 | minor to perform community service
for not less than 30 and not | ||||||
26 | more than 120 hours, if community service is
available in the |
| |||||||
| |||||||
1 | jurisdiction. The community service shall include, but need
not | ||||||
2 | be limited to, the cleanup and repair of the damage that was | ||||||
3 | caused by the
alleged violation or similar damage to property | ||||||
4 | located in the municipality or
county in which the alleged | ||||||
5 | violation occurred. The condition may be in
addition to any | ||||||
6 | other condition.
| ||||||
7 | (8.5) When a hearing in which a minor is alleged to be a | ||||||
8 | delinquent for
reasons
that include a violation of Section 3.02 | ||||||
9 | or Section 3.03 of the Humane Care for
Animals Act or paragraph | ||||||
10 | (d) of subsection (1)
of Section
21-1 of the Criminal Code of | ||||||
11 | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the | ||||||
12 | Criminal Code of 2012 is continued under this Section, the | ||||||
13 | court
shall, as a
condition of the continuance under | ||||||
14 | supervision, require the minor to undergo
medical or
| ||||||
15 | psychiatric treatment rendered by a psychiatrist or | ||||||
16 | psychological treatment
rendered by a
clinical psychologist. | ||||||
17 | The condition may be in addition to any other
condition.
| ||||||
18 | (9) When a hearing in which a minor is alleged to be a | ||||||
19 | delinquent is
continued under this Section, the court, before | ||||||
20 | continuing the case, shall make
a finding whether the offense | ||||||
21 | alleged to have been committed either: (i) was
related to or in | ||||||
22 | furtherance of the activities of an organized gang or was
| ||||||
23 | motivated by the minor's membership in or allegiance to an | ||||||
24 | organized gang, or
(ii) is a violation of paragraph (13) of | ||||||
25 | subsection (a) of Section 12-2 or paragraph (2) of subsection | ||||||
26 | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 , a violation of any Section of Article 24 | ||||||
2 | of the
Criminal Code of 1961 or the Criminal Code of 2012 , or a | ||||||
3 | violation of any statute that involved the unlawful
use of a | ||||||
4 | firearm. If the court determines the question in the | ||||||
5 | affirmative the
court shall, as a condition of the continuance | ||||||
6 | under supervision and as part of
or in addition to any other | ||||||
7 | condition of the supervision,
require the minor to perform | ||||||
8 | community service for not less than 30 hours,
provided that | ||||||
9 | community service is available in the
jurisdiction and is | ||||||
10 | funded and approved by the county board of the county where
the | ||||||
11 | offense was committed. The community service shall include, but | ||||||
12 | need not
be limited to, the cleanup and repair of any damage | ||||||
13 | caused by an alleged
violation of Section 21-1.3 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 and similar | ||||||
15 | damage to
property located in the municipality or county in | ||||||
16 | which the alleged violation
occurred. When possible and | ||||||
17 | reasonable, the community service shall be
performed in the | ||||||
18 | minor's neighborhood. For the purposes of this Section,
| ||||||
19 | "organized gang" has the meaning ascribed to it in Section 10 | ||||||
20 | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
| ||||||
21 | (10) The court shall impose upon a minor placed on | ||||||
22 | supervision, as a
condition of the supervision, a fee of $50 | ||||||
23 | for each month of supervision
ordered by the court, unless | ||||||
24 | after determining the inability of the minor
placed on | ||||||
25 | supervision to pay the fee, the court assesses a lesser amount. | ||||||
26 | The
court may not impose the fee on a minor who is made a ward |
| |||||||
| |||||||
1 | of the State under
this Act while the minor is in placement. | ||||||
2 | The fee shall be imposed only upon a
minor who is actively | ||||||
3 | supervised by the probation and court services
department. A | ||||||
4 | court may order the parent, guardian, or legal custodian of the
| ||||||
5 | minor to pay some or all of the fee on the minor's behalf.
| ||||||
6 | (11) If a minor is placed on supervision for a violation of
| ||||||
7 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
8 | by Minors Act, the
court may, in its discretion, and upon
| ||||||
9 | recommendation by the State's Attorney, order that minor and | ||||||
10 | his or her parents
or legal
guardian to attend a smoker's | ||||||
11 | education or youth diversion program as defined
in that Act if | ||||||
12 | that
program is available in the jurisdiction where the | ||||||
13 | offender resides.
Attendance at a smoker's education or youth | ||||||
14 | diversion program
shall be time-credited against any community | ||||||
15 | service time imposed for any
first violation of subsection | ||||||
16 | (a-7) of Section 1 of that Act. In addition to any
other
| ||||||
17 | penalty
that the court may impose for a violation of subsection | ||||||
18 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
19 | State's Attorney, may in its discretion
require
the offender to | ||||||
20 | remit a fee for his or her attendance at a smoker's
education | ||||||
21 | or
youth diversion program.
| ||||||
22 | For purposes of this Section, "smoker's education program" | ||||||
23 | or "youth
diversion program" includes, but is not limited to, a | ||||||
24 | seminar designed to
educate a person on the physical and | ||||||
25 | psychological effects of smoking tobacco
products and the | ||||||
26 | health consequences of smoking tobacco products that can be
|
| |||||||
| |||||||
1 | conducted with a locality's youth diversion program.
| ||||||
2 | In addition to any other penalty that the court may impose | ||||||
3 | under this
subsection
(11):
| ||||||
4 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
5 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
6 | may
impose a sentence of 15 hours of
community service or a | ||||||
7 | fine of $25 for a first violation.
| ||||||
8 | (b) A second violation by a minor of subsection (a-7) | ||||||
9 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
10 | the first violation is punishable by a fine of $50 and
25
| ||||||
11 | hours of community service.
| ||||||
12 | (c) A third or subsequent violation by a minor of | ||||||
13 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
14 | within 12 months after the first violation is punishable by | ||||||
15 | a $100
fine
and 30 hours of community service.
| ||||||
16 | (d) Any second or subsequent violation not within the | ||||||
17 | 12-month time period
after the first violation is | ||||||
18 | punishable as provided for a first violation.
| ||||||
19 | (Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11.)
| ||||||
20 | (705 ILCS 405/5-710)
| ||||||
21 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
22 | (1) The following kinds of sentencing orders may be made in | ||||||
23 | respect of
wards of the court:
| ||||||
24 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
25 | a minor who is
found
guilty under Section 5-620 may be:
|
| |||||||
| |||||||
1 | (i) put on probation or conditional discharge and | ||||||
2 | released to his or her
parents, guardian or legal | ||||||
3 | custodian, provided, however, that any such minor
who | ||||||
4 | is not committed to the Department of Juvenile Justice | ||||||
5 | under
this subsection and who is found to be a | ||||||
6 | delinquent for an offense which is
first degree murder, | ||||||
7 | a Class X felony, or a forcible felony shall be placed | ||||||
8 | on
probation;
| ||||||
9 | (ii) placed in accordance with Section 5-740, with | ||||||
10 | or without also being
put on probation or conditional | ||||||
11 | discharge;
| ||||||
12 | (iii) required to undergo a substance abuse | ||||||
13 | assessment conducted by a
licensed provider and | ||||||
14 | participate in the indicated clinical level of care;
| ||||||
15 | (iv) placed in the guardianship of the Department | ||||||
16 | of Children and Family
Services, but only if the | ||||||
17 | delinquent minor is under 15 years of age or, pursuant | ||||||
18 | to Article II of this Act, a minor for whom an | ||||||
19 | independent basis of abuse, neglect, or dependency | ||||||
20 | exists. An independent basis exists when the | ||||||
21 | allegations or adjudication of abuse, neglect, or | ||||||
22 | dependency do not arise from the same facts, incident, | ||||||
23 | or circumstances which give rise to a charge or | ||||||
24 | adjudication of delinquency;
| ||||||
25 | (v) placed in detention for a period not to exceed | ||||||
26 | 30 days, either as
the
exclusive order of disposition |
| |||||||
| |||||||
1 | or, where appropriate, in conjunction with any
other | ||||||
2 | order of disposition issued under this paragraph, | ||||||
3 | provided that any such
detention shall be in a juvenile | ||||||
4 | detention home and the minor so detained shall
be 10 | ||||||
5 | years of age or older. However, the 30-day limitation | ||||||
6 | may be extended by
further order of the court for a | ||||||
7 | minor under age 15 committed to the Department
of | ||||||
8 | Children and Family Services if the court finds that | ||||||
9 | the minor is a danger
to himself or others. The minor | ||||||
10 | shall be given credit on the sentencing order
of | ||||||
11 | detention for time spent in detention under Sections | ||||||
12 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
13 | result of the offense for which the sentencing order | ||||||
14 | was imposed.
The court may grant credit on a sentencing | ||||||
15 | order of detention entered under a
violation of | ||||||
16 | probation or violation of conditional discharge under | ||||||
17 | Section
5-720 of this Article for time spent in | ||||||
18 | detention before the filing of the
petition
alleging | ||||||
19 | the violation. A minor shall not be deprived of credit | ||||||
20 | for time spent
in detention before the filing of a | ||||||
21 | violation of probation or conditional
discharge | ||||||
22 | alleging the same or related act or acts;
| ||||||
23 | (vi) ordered partially or completely emancipated | ||||||
24 | in accordance with the
provisions of the Emancipation | ||||||
25 | of Minors Act;
| ||||||
26 | (vii) subject to having his or her driver's license |
| |||||||
| |||||||
1 | or driving
privileges
suspended for such time as | ||||||
2 | determined by the court but only until he or she
| ||||||
3 | attains 18 years of age;
| ||||||
4 | (viii) put on probation or conditional discharge | ||||||
5 | and placed in detention
under Section 3-6039 of the | ||||||
6 | Counties Code for a period not to exceed the period
of | ||||||
7 | incarceration permitted by law for adults found guilty | ||||||
8 | of the same offense
or offenses for which the minor was | ||||||
9 | adjudicated delinquent, and in any event no
longer than | ||||||
10 | upon attainment of age 21; this subdivision (viii) | ||||||
11 | notwithstanding
any contrary provision of the law;
| ||||||
12 | (ix) ordered to undergo a medical or other | ||||||
13 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
14 | street gang removed from his or her body; or | ||||||
15 | (x) placed in electronic home detention under Part | ||||||
16 | 7A of this Article.
| ||||||
17 | (b) A minor found to be guilty may be committed to the | ||||||
18 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
19 | minor is 13 years of age or
older,
provided that the | ||||||
20 | commitment to the Department of Juvenile Justice shall be | ||||||
21 | made only if a term of incarceration is permitted by law | ||||||
22 | for
adults found guilty of the offense for which the minor | ||||||
23 | was adjudicated
delinquent. The time during which a minor | ||||||
24 | is in custody before being released
upon the request of a | ||||||
25 | parent, guardian or legal custodian shall be considered
as | ||||||
26 | time spent in detention.
|
| |||||||
| |||||||
1 | (c) When a minor is found to be guilty for an offense | ||||||
2 | which is a violation
of the Illinois Controlled Substances | ||||||
3 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act and made
a ward of the | ||||||
5 | court, the court may enter a disposition order requiring | ||||||
6 | the
minor to undergo assessment,
counseling or treatment in | ||||||
7 | a substance abuse program approved by the Department
of | ||||||
8 | Human Services.
| ||||||
9 | (2) Any sentencing order other than commitment to the | ||||||
10 | Department of
Juvenile Justice may provide for protective | ||||||
11 | supervision under
Section 5-725 and may include an order of | ||||||
12 | protection under Section 5-730.
| ||||||
13 | (3) Unless the sentencing order expressly so provides, it | ||||||
14 | does not operate
to close proceedings on the pending petition, | ||||||
15 | but is subject to modification
until final closing and | ||||||
16 | discharge of the proceedings under Section 5-750.
| ||||||
17 | (4) In addition to any other sentence, the court may order | ||||||
18 | any
minor
found to be delinquent to make restitution, in | ||||||
19 | monetary or non-monetary form,
under the terms and conditions | ||||||
20 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
21 | that the "presentencing hearing" referred to in that
Section
| ||||||
22 | shall be
the sentencing hearing for purposes of this Section. | ||||||
23 | The parent, guardian or
legal custodian of the minor may be | ||||||
24 | ordered by the court to pay some or all of
the restitution on | ||||||
25 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
26 | Law. The State's Attorney is authorized to act
on behalf of any |
| |||||||
| |||||||
1 | victim in seeking restitution in proceedings under this
| ||||||
2 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
3 | Parental
Responsibility Law.
| ||||||
4 | (5) Any sentencing order where the minor is committed or | ||||||
5 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
6 | parents or guardian of the estate of
the minor to pay to the | ||||||
7 | legal custodian or guardian of the person of the minor
such | ||||||
8 | sums as are determined by the custodian or guardian of the | ||||||
9 | person of the
minor as necessary for the minor's needs. The | ||||||
10 | payments may not exceed the
maximum amounts provided for by | ||||||
11 | Section 9.1 of the Children and Family Services
Act.
| ||||||
12 | (6) Whenever the sentencing order requires the minor to | ||||||
13 | attend school or
participate in a program of training, the | ||||||
14 | truant officer or designated school
official shall regularly | ||||||
15 | report to the court if the minor is a chronic or
habitual | ||||||
16 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
17 | any other provision of this Act, in instances in which | ||||||
18 | educational services are to be provided to a minor in a | ||||||
19 | residential facility where the minor has been placed by the | ||||||
20 | court, costs incurred in the provision of those educational | ||||||
21 | services must be allocated based on the requirements of the | ||||||
22 | School Code.
| ||||||
23 | (7) In no event shall a guilty minor be committed to the | ||||||
24 | Department of
Juvenile Justice for a period of time in
excess | ||||||
25 | of
that period for which an adult could be committed for the | ||||||
26 | same act.
|
| |||||||
| |||||||
1 | (8) A minor found to be guilty for reasons that include a | ||||||
2 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
4 | service for not less than 30 and not more than 120 hours, if
| ||||||
5 | community service is available in the jurisdiction. The | ||||||
6 | community service
shall include, but need not be limited to, | ||||||
7 | the cleanup and repair of the damage
that was caused by the | ||||||
8 | violation or similar damage to property located in the
| ||||||
9 | municipality or county in which the violation occurred. The | ||||||
10 | order may be in
addition to any other order authorized by this | ||||||
11 | Section.
| ||||||
12 | (8.5) A minor found to be guilty for reasons that include a | ||||||
13 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
14 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
15 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
16 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
17 | shall be ordered to undergo medical or psychiatric treatment | ||||||
18 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
19 | by a clinical psychologist.
The order
may be in addition to any | ||||||
20 | other order authorized by this Section.
| ||||||
21 | (9) In addition to any other sentencing order, the court | ||||||
22 | shall order any
minor found
to be guilty for an act which would | ||||||
23 | constitute, predatory criminal sexual
assault of a child, | ||||||
24 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
25 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
26 | committed by an
adult to undergo medical testing to determine |
| |||||||
| |||||||
1 | whether the defendant has any
sexually transmissible disease | ||||||
2 | including a test for infection with human
immunodeficiency | ||||||
3 | virus (HIV) or any other identified causative agency of
| ||||||
4 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
5 | shall be performed
only by appropriately licensed medical | ||||||
6 | practitioners and may include an
analysis of any bodily fluids | ||||||
7 | as well as an examination of the minor's person.
Except as | ||||||
8 | otherwise provided by law, the results of the test shall be | ||||||
9 | kept
strictly confidential by all medical personnel involved in | ||||||
10 | the testing and must
be personally delivered in a sealed | ||||||
11 | envelope to the judge of the court in which
the sentencing | ||||||
12 | order was entered for the judge's inspection in camera. Acting
| ||||||
13 | in accordance with the best interests of the victim and the | ||||||
14 | public, the judge
shall have the discretion to determine to | ||||||
15 | whom the results of the testing may
be revealed. The court | ||||||
16 | shall notify the minor of the results of the test for
infection | ||||||
17 | with the human immunodeficiency virus (HIV). The court shall | ||||||
18 | also
notify the victim if requested by the victim, and if the | ||||||
19 | victim is under the
age of 15 and if requested by the victim's | ||||||
20 | parents or legal guardian, the court
shall notify the victim's | ||||||
21 | parents or the legal guardian, of the results of the
test for | ||||||
22 | infection with the human immunodeficiency virus (HIV). The | ||||||
23 | court
shall provide information on the availability of HIV | ||||||
24 | testing and counseling at
the Department of Public Health | ||||||
25 | facilities to all parties to whom the
results of the testing | ||||||
26 | are revealed. The court shall order that the cost of
any test |
| |||||||
| |||||||
1 | shall be paid by the county and may be taxed as costs against | ||||||
2 | the
minor.
| ||||||
3 | (10) When a court finds a minor to be guilty the court | ||||||
4 | shall, before
entering a sentencing order under this Section, | ||||||
5 | make a finding whether the
offense committed either: (a) was | ||||||
6 | related to or in furtherance of the criminal
activities of an | ||||||
7 | organized gang or was motivated by the minor's membership in
or | ||||||
8 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
9 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
10 | or the Criminal Code of 2012 , a violation of
any
Section of | ||||||
11 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 , or a violation of any
statute that involved the wrongful | ||||||
13 | use of a firearm. If the court determines
the question in the | ||||||
14 | affirmative,
and the court does not commit the minor to the | ||||||
15 | Department of Juvenile Justice, the court shall order the minor | ||||||
16 | to perform community service
for not less than 30 hours nor | ||||||
17 | more than 120 hours, provided that community
service is | ||||||
18 | available in the jurisdiction and is funded and approved by the
| ||||||
19 | county board of the county where the offense was committed. The | ||||||
20 | community
service shall include, but need not be limited to, | ||||||
21 | the cleanup and repair of
any damage caused by a violation of | ||||||
22 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012
and similar damage to property located in the | ||||||
24 | municipality or county in which
the violation occurred. When | ||||||
25 | possible and reasonable, the community service
shall be | ||||||
26 | performed in the minor's neighborhood. This order shall be in
|
| |||||||
| |||||||
1 | addition to any other order authorized by this Section
except | ||||||
2 | for an order to place the minor in the custody of the | ||||||
3 | Department of
Juvenile Justice. For the purposes of this | ||||||
4 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
5 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (11) If the court determines that the offense was committed | ||||||
8 | in furtherance of the criminal activities of an organized gang, | ||||||
9 | as provided in subsection (10), and that the offense involved | ||||||
10 | the operation or use of a motor vehicle or the use of a | ||||||
11 | driver's license or permit, the court shall notify the | ||||||
12 | Secretary of State of that determination and of the period for | ||||||
13 | which the minor shall be denied driving privileges. If, at the | ||||||
14 | time of the determination, the minor does not hold a driver's | ||||||
15 | license or permit, the court shall provide that the minor shall | ||||||
16 | not be issued a driver's license or permit until his or her | ||||||
17 | 18th birthday. If the minor holds a driver's license or permit | ||||||
18 | at the time of the determination, the court shall provide that | ||||||
19 | the minor's driver's license or permit shall be revoked until | ||||||
20 | his or her 21st birthday, or until a later date or occurrence | ||||||
21 | determined by the court. If the minor holds a driver's license | ||||||
22 | at the time of the determination, the court may direct the | ||||||
23 | Secretary of State to issue the minor a judicial driving | ||||||
24 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
25 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
26 | Illinois Vehicle Code, except that the court may direct that |
| |||||||
| |||||||
1 | the JDP be effective immediately.
| ||||||
2 | (12) If a minor is found to be guilty of a violation of
| ||||||
3 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
4 | by Minors Act, the
court may, in its discretion, and upon
| ||||||
5 | recommendation by the State's Attorney, order that minor and | ||||||
6 | his or her parents
or legal
guardian to attend a smoker's | ||||||
7 | education or youth diversion program as defined
in that Act if | ||||||
8 | that
program is available in the jurisdiction where the | ||||||
9 | offender resides.
Attendance at a smoker's education or youth | ||||||
10 | diversion program
shall be time-credited against any community | ||||||
11 | service time imposed for any
first violation of subsection | ||||||
12 | (a-7) of Section 1 of that Act. In addition to any
other
| ||||||
13 | penalty
that the court may impose for a violation of subsection | ||||||
14 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
15 | State's Attorney, may in its discretion
require
the offender to | ||||||
16 | remit a fee for his or her attendance at a smoker's
education | ||||||
17 | or
youth diversion program.
| ||||||
18 | For purposes of this Section, "smoker's education program" | ||||||
19 | or "youth
diversion program" includes, but is not limited to, a | ||||||
20 | seminar designed to
educate a person on the physical and | ||||||
21 | psychological effects of smoking tobacco
products and the | ||||||
22 | health consequences of smoking tobacco products that can be
| ||||||
23 | conducted with a locality's youth diversion program.
| ||||||
24 | In addition to any other penalty that the court may impose | ||||||
25 | under this
subsection
(12):
| ||||||
26 | (a) If a minor violates subsection (a-7) of Section 1 |
| |||||||
| |||||||
1 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
2 | may
impose a sentence of 15 hours of
community service or a | ||||||
3 | fine of $25 for a first violation.
| ||||||
4 | (b) A second violation by a minor of subsection (a-7) | ||||||
5 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
6 | the first violation is punishable by a fine of $50 and
25
| ||||||
7 | hours of community service.
| ||||||
8 | (c) A third or subsequent violation by a minor of | ||||||
9 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
10 | within 12 months after the first violation is punishable by | ||||||
11 | a $100
fine
and 30 hours of community service.
| ||||||
12 | (d) Any second or subsequent violation not within the | ||||||
13 | 12-month time period
after the first violation is | ||||||
14 | punishable as provided for a first violation.
| ||||||
15 | (Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, | ||||||
16 | eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09; | ||||||
17 | 96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||||||
18 | (705 ILCS 405/5-715)
| ||||||
19 | Sec. 5-715. Probation.
| ||||||
20 | (1) The period of probation or conditional discharge shall | ||||||
21 | not exceed 5
years or until the minor has attained the age of | ||||||
22 | 21 years, whichever is less,
except as provided in this Section | ||||||
23 | for a minor who is found to be guilty
for an offense which is | ||||||
24 | first degree murder, a Class X felony or a forcible
felony. The | ||||||
25 | juvenile court may terminate probation or
conditional |
| |||||||
| |||||||
1 | discharge and discharge the minor at any time if warranted by | ||||||
2 | the
conduct of the minor and the ends of justice; provided, | ||||||
3 | however, that the
period of probation for a minor who is found | ||||||
4 | to be guilty for an offense which
is first degree murder, a | ||||||
5 | Class X felony, or a forcible felony shall be at
least 5 years.
| ||||||
6 | (2) The court may as a condition of probation or of | ||||||
7 | conditional discharge
require that the minor:
| ||||||
8 | (a) not violate any criminal statute of any | ||||||
9 | jurisdiction;
| ||||||
10 | (b) make a report to and appear in person before any | ||||||
11 | person or agency as
directed by the court;
| ||||||
12 | (c) work or pursue a course of study or vocational | ||||||
13 | training;
| ||||||
14 | (d) undergo medical or psychiatric treatment, rendered | ||||||
15 | by a psychiatrist
or
psychological treatment rendered by a | ||||||
16 | clinical psychologist or social work
services rendered by a | ||||||
17 | clinical social worker, or treatment for drug addiction
or | ||||||
18 | alcoholism;
| ||||||
19 | (e) attend or reside in a facility established for the | ||||||
20 | instruction or
residence of persons on probation;
| ||||||
21 | (f) support his or her dependents, if any;
| ||||||
22 | (g) refrain from possessing a firearm or other | ||||||
23 | dangerous weapon, or an
automobile;
| ||||||
24 | (h) permit the probation officer to visit him or her at | ||||||
25 | his or her home or
elsewhere;
| ||||||
26 | (i) reside with his or her parents or in a foster home;
|
| |||||||
| |||||||
1 | (j) attend school;
| ||||||
2 | (j-5) with the consent of the superintendent
of the
| ||||||
3 | facility,
attend an educational program at a facility other | ||||||
4 | than the school
in which the
offense was committed if he
or | ||||||
5 | she committed a crime of violence as
defined in
Section 2 | ||||||
6 | of the Crime Victims Compensation Act in a school, on the
| ||||||
7 | real
property
comprising a school, or within 1,000 feet of | ||||||
8 | the real property comprising a
school;
| ||||||
9 | (k) attend a non-residential program for youth;
| ||||||
10 | (l) make restitution under the terms of subsection (4) | ||||||
11 | of Section 5-710;
| ||||||
12 | (m) contribute to his or her own support at home or in | ||||||
13 | a foster home;
| ||||||
14 | (n) perform some reasonable public or community | ||||||
15 | service;
| ||||||
16 | (o) participate with community corrections programs | ||||||
17 | including unified
delinquency intervention services | ||||||
18 | administered by the Department of Human
Services
subject to | ||||||
19 | Section 5 of the Children and Family Services Act;
| ||||||
20 | (p) pay costs;
| ||||||
21 | (q) serve a term of home confinement. In addition to | ||||||
22 | any other applicable
condition of probation or conditional | ||||||
23 | discharge, the conditions of home
confinement shall be that | ||||||
24 | the minor:
| ||||||
25 | (i) remain within the interior premises of the | ||||||
26 | place designated for his
or her confinement during the |
| |||||||
| |||||||
1 | hours designated by the court;
| ||||||
2 | (ii) admit any person or agent designated by the | ||||||
3 | court into the minor's
place of confinement at any time | ||||||
4 | for purposes of verifying the minor's
compliance with | ||||||
5 | the conditions of his or her confinement; and
| ||||||
6 | (iii) use an approved electronic monitoring device | ||||||
7 | if ordered by the
court subject to Article 8A of | ||||||
8 | Chapter V of the Unified Code of Corrections;
| ||||||
9 | (r) refrain from entering into a designated geographic | ||||||
10 | area except upon
terms as the court finds appropriate. The | ||||||
11 | terms may include consideration of
the purpose of the | ||||||
12 | entry, the time of day, other persons accompanying the
| ||||||
13 | minor, and advance approval by a probation officer, if the | ||||||
14 | minor has been
placed on probation, or advance approval by | ||||||
15 | the court, if the minor has been
placed on conditional | ||||||
16 | discharge;
| ||||||
17 | (s) refrain from having any contact, directly or | ||||||
18 | indirectly, with certain
specified persons or particular | ||||||
19 | types of persons, including but not limited to
members of | ||||||
20 | street gangs and drug users or dealers;
| ||||||
21 | (s-5) undergo a medical or other procedure to have a | ||||||
22 | tattoo symbolizing
allegiance to a street
gang removed from | ||||||
23 | his or her body;
| ||||||
24 | (t) refrain from having in his or her body the presence | ||||||
25 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
26 | the Illinois Controlled Substances
Act, or the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, | ||||||
2 | unless prescribed
by a physician, and shall submit samples | ||||||
3 | of his or her blood or urine or both
for tests to determine | ||||||
4 | the presence of any illicit drug; or
| ||||||
5 | (u) comply with other conditions as may be ordered by | ||||||
6 | the court.
| ||||||
7 | (3) The court may as a condition of probation or of | ||||||
8 | conditional discharge
require that a minor found guilty on any | ||||||
9 | alcohol, cannabis, methamphetamine, or
controlled substance | ||||||
10 | violation, refrain from acquiring a driver's license
during the | ||||||
11 | period of probation or conditional discharge. If the minor is | ||||||
12 | in
possession of a permit or license, the court may require | ||||||
13 | that the minor refrain
from driving or operating any motor | ||||||
14 | vehicle during the period of probation or
conditional | ||||||
15 | discharge, except as may be necessary in the course of the | ||||||
16 | minor's
lawful
employment.
| ||||||
17 | (3.5) The court shall, as a condition of probation or of | ||||||
18 | conditional
discharge,
require that a minor found to be guilty | ||||||
19 | and placed on probation for reasons
that include a
violation of | ||||||
20 | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||||||
21 | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| ||||||
22 | Criminal Code of 2012 1961 undergo medical or psychiatric | ||||||
23 | treatment rendered by a
psychiatrist or psychological | ||||||
24 | treatment rendered by a clinical psychologist.
The
condition | ||||||
25 | may be in addition to any other condition.
| ||||||
26 | (3.10) The court shall order that a minor placed on |
| |||||||
| |||||||
1 | probation or
conditional discharge for a sex offense as defined | ||||||
2 | in the Sex Offender
Management Board Act undergo and | ||||||
3 | successfully complete sex offender treatment.
The treatment | ||||||
4 | shall be in conformance with the standards developed under
the | ||||||
5 | Sex Offender Management Board Act and conducted by a treatment | ||||||
6 | provider
approved by the Board. The treatment shall be at the | ||||||
7 | expense of the person
evaluated based upon that person's | ||||||
8 | ability to pay for the treatment.
| ||||||
9 | (4) A minor on probation or conditional discharge shall be | ||||||
10 | given a
certificate setting forth the conditions upon which he | ||||||
11 | or she is being
released.
| ||||||
12 | (5) The court shall impose upon a minor placed on probation | ||||||
13 | or conditional
discharge, as a condition of the probation or | ||||||
14 | conditional discharge, a fee of
$50 for each month of probation | ||||||
15 | or conditional discharge supervision ordered by
the court, | ||||||
16 | unless after determining the inability of the minor placed on
| ||||||
17 | probation or conditional discharge to pay the fee, the court | ||||||
18 | assesses a lesser
amount. The court may not impose the fee on a | ||||||
19 | minor who is made a ward of the
State under this Act while the | ||||||
20 | minor is in placement. The fee shall be
imposed only upon a | ||||||
21 | minor who is actively supervised by the probation and court
| ||||||
22 | services department. The court may order the parent, guardian, | ||||||
23 | or legal
custodian of the minor to pay some or all of the fee on | ||||||
24 | the minor's behalf.
| ||||||
25 | (6) The General Assembly finds that in order to protect the | ||||||
26 | public, the
juvenile justice system must compel compliance with |
| |||||||
| |||||||
1 | the conditions of probation
by responding to violations with | ||||||
2 | swift, certain, and fair punishments and
intermediate | ||||||
3 | sanctions. The Chief Judge of each circuit shall adopt a system
| ||||||
4 | of structured, intermediate sanctions for violations of the | ||||||
5 | terms and
conditions of a sentence of supervision, probation or | ||||||
6 | conditional discharge,
under this
Act.
| ||||||
7 | The court shall provide as a condition of a disposition of | ||||||
8 | probation,
conditional discharge, or supervision, that the | ||||||
9 | probation agency may invoke any
sanction from the list of | ||||||
10 | intermediate sanctions adopted by the chief judge of
the | ||||||
11 | circuit court for violations of the terms and conditions of the | ||||||
12 | sentence of
probation, conditional discharge, or supervision, | ||||||
13 | subject to the provisions of
Section 5-720 of this Act.
| ||||||
14 | (Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13.)
| ||||||
15 | (705 ILCS 405/5-730)
| ||||||
16 | Sec. 5-730. Order of protection.
| ||||||
17 | (1) The court may make an order of protection in assistance | ||||||
18 | of or as a
condition of any other order authorized by this Act. | ||||||
19 | The order of protection
may set forth reasonable conditions of | ||||||
20 | behavior to be observed for a specified
period. The order may | ||||||
21 | require a
person:
| ||||||
22 | (a) to stay away from the home or the minor;
| ||||||
23 | (b) to permit a parent to visit the minor at stated | ||||||
24 | periods;
| ||||||
25 | (c) to abstain from offensive conduct against the |
| |||||||
| |||||||
1 | minor, his or her parent
or any
person to whom custody of | ||||||
2 | the minor is awarded;
| ||||||
3 | (d) to give proper attention to the care of the home;
| ||||||
4 | (e) to cooperate in good faith with an agency to which | ||||||
5 | custody of a minor
is entrusted by the court or with an | ||||||
6 | agency or association to which the minor
is referred by the | ||||||
7 | court;
| ||||||
8 | (f) to prohibit and prevent any contact whatsoever with | ||||||
9 | the respondent
minor by a specified individual or | ||||||
10 | individuals who are alleged in either a
criminal or | ||||||
11 | juvenile proceeding to have caused injury to a respondent | ||||||
12 | minor or
a sibling of a respondent minor;
| ||||||
13 | (g) to refrain from acts of commission or omission that | ||||||
14 | tend to make the
home not a proper place for the minor.
| ||||||
15 | (2) The court shall enter an order of protection to | ||||||
16 | prohibit and prevent
any contact between a respondent minor or | ||||||
17 | a sibling of a respondent minor and
any person named in a | ||||||
18 | petition seeking an order of protection who has been
convicted | ||||||
19 | of heinous battery or aggravated battery under subdivision | ||||||
20 | (a)(2) of Section 12-3.05, aggravated battery of a child or | ||||||
21 | aggravated battery under subdivision (b)(1) of Section | ||||||
22 | 12-3.05, criminal
sexual assault, aggravated criminal sexual | ||||||
23 | assault, predatory criminal sexual assault of a child, criminal | ||||||
24 | sexual abuse, or aggravated criminal sexual abuse as described | ||||||
25 | in the Criminal
Code of 1961 or the Criminal Code of 2012 , or | ||||||
26 | has been convicted of an offense that resulted in the death of
|
| |||||||
| |||||||
1 | a child, or has violated a previous order of protection under | ||||||
2 | this Section.
| ||||||
3 | (3) When the court issues an order of protection against | ||||||
4 | any person as
provided by this Section, the court shall direct | ||||||
5 | a copy of such order to the
sheriff of that county. The sheriff | ||||||
6 | shall furnish a copy of the order of
protection to the | ||||||
7 | Department of State Police within 24 hours of receipt, in the
| ||||||
8 | form and manner required by the Department. The Department of | ||||||
9 | State Police
shall maintain a complete record and index of the | ||||||
10 | orders of protection and
make this data available to all local | ||||||
11 | law enforcement agencies.
| ||||||
12 | (4) After notice and opportunity for hearing afforded to a | ||||||
13 | person subject
to an order of protection, the order may be | ||||||
14 | modified or extended for a further
specified period or both or | ||||||
15 | may be terminated if the court finds that the best
interests of | ||||||
16 | the minor and the public will be served by the modification,
| ||||||
17 | extension, or termination.
| ||||||
18 | (5) An order of protection may be sought at any time during | ||||||
19 | the course of
any proceeding conducted under this Act. Any | ||||||
20 | person against whom an
order of protection is sought may retain | ||||||
21 | counsel to represent him or her at a
hearing,
and has rights to | ||||||
22 | be present at the hearing, to be informed prior to the
hearing | ||||||
23 | in writing of the contents of the petition seeking a protective | ||||||
24 | order
and of the date, place, and time of the hearing, and to | ||||||
25 | cross-examine
witnesses called by the petitioner and to present | ||||||
26 | witnesses and argument in
opposition to the relief sought in |
| |||||||
| |||||||
1 | the petition.
| ||||||
2 | (6) Diligent efforts shall be made by the petitioner to | ||||||
3 | serve any person
or persons against whom any order of | ||||||
4 | protection is sought with written notice
of the contents of the | ||||||
5 | petition seeking a protective order and of the date,
place and | ||||||
6 | time at which the hearing on the petition is to be held. When a
| ||||||
7 | protective order is being sought in conjunction with a shelter | ||||||
8 | care or
detention hearing, if the court finds that the person | ||||||
9 | against whom the
protective order is being sought has been | ||||||
10 | notified of the hearing or that
diligent efforts have been made | ||||||
11 | to notify the person, the court may conduct a
hearing. If a | ||||||
12 | protective order is sought at any
time other than in | ||||||
13 | conjunction with a shelter care or detention hearing, the
court | ||||||
14 | may not conduct a hearing on the petition in the absence of the | ||||||
15 | person
against whom the order is sought unless the petitioner | ||||||
16 | has notified the person
by personal service at least 3 days | ||||||
17 | before the hearing or has sent written
notice by first class | ||||||
18 | mail to the person's last known address at least 5 days
before | ||||||
19 | the hearing.
| ||||||
20 | (7) A person against whom an order of protection is being | ||||||
21 | sought who is
neither a parent, guardian, or legal custodian or | ||||||
22 | responsible relative as
described in Section 1-5 of this Act or | ||||||
23 | is not a party or respondent as defined
in
that
Section shall | ||||||
24 | not be entitled to the rights provided in that Section. The
| ||||||
25 | person does not have a right to appointed counsel or to be | ||||||
26 | present at
any hearing other than the hearing in which the |
| |||||||
| |||||||
1 | order of protection is being
sought or a hearing directly | ||||||
2 | pertaining to that order. Unless the court orders
otherwise, | ||||||
3 | the person does not have a right to inspect the court file.
| ||||||
4 | (8) All protective orders entered under this Section shall | ||||||
5 | be in writing.
Unless the person against whom the order was | ||||||
6 | obtained was present in court when
the order was issued, the | ||||||
7 | sheriff, other law enforcement official, or special
process | ||||||
8 | server shall promptly serve that order upon that person and | ||||||
9 | file proof
of that service, in the manner provided for service | ||||||
10 | of process in civil
proceedings. The person against whom the | ||||||
11 | protective order was obtained may
seek a modification of the | ||||||
12 | order by filing a written motion to modify the order
within 7 | ||||||
13 | days
after actual receipt by the person of a copy of the order.
| ||||||
14 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
15 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
16 | 1-1-13.)
| ||||||
17 | (705 ILCS 405/5-805)
| ||||||
18 | Sec. 5-805. Transfer of jurisdiction.
| ||||||
19 | (1) Mandatory transfers.
| ||||||
20 | (a) If a petition alleges commission by a minor 15 | ||||||
21 | years of age or older
of an act that constitutes a forcible | ||||||
22 | felony under the laws of this State, and
if a motion by the | ||||||
23 | State's Attorney to prosecute the minor under the criminal
| ||||||
24 | laws of Illinois for the alleged forcible felony alleges | ||||||
25 | that (i) the minor has
previously been adjudicated |
| |||||||
| |||||||
1 | delinquent or found guilty for commission of an act
that | ||||||
2 | constitutes a felony under the laws of this State or any | ||||||
3 | other state and
(ii) the act that constitutes the offense | ||||||
4 | was committed in furtherance of
criminal activity by an | ||||||
5 | organized gang, the Juvenile Judge assigned to hear and
| ||||||
6 | determine those motions shall, upon determining that there | ||||||
7 | is probable cause
that both allegations are true, enter an | ||||||
8 | order permitting prosecution under the
criminal laws of | ||||||
9 | Illinois.
| ||||||
10 | (b) If a petition alleges commission by a minor 15 | ||||||
11 | years of age or older
of an act that constitutes a felony | ||||||
12 | under the laws of this State, and if a
motion by a State's | ||||||
13 | Attorney to prosecute the minor under the criminal laws of
| ||||||
14 | Illinois for the alleged felony alleges that (i) the minor | ||||||
15 | has previously been
adjudicated delinquent or found guilty | ||||||
16 | for commission of an act that
constitutes a forcible
felony | ||||||
17 | under the laws of this State or any other state and (ii) | ||||||
18 | the act that
constitutes the offense was committed in | ||||||
19 | furtherance of criminal activities by
an organized gang, | ||||||
20 | the Juvenile Judge assigned to hear and determine those
| ||||||
21 | motions shall, upon determining that there is probable | ||||||
22 | cause that both
allegations are true, enter an order | ||||||
23 | permitting prosecution under the criminal
laws of | ||||||
24 | Illinois.
| ||||||
25 | (c) If a petition alleges commission by a minor 15 | ||||||
26 | years of age or older
of: (i) an act that constitutes an |
| |||||||
| |||||||
1 | offense enumerated in the presumptive
transfer provisions | ||||||
2 | of subsection (2); and (ii) the minor has previously been
| ||||||
3 | adjudicated delinquent or found guilty of a forcible | ||||||
4 | felony, the Juvenile Judge
designated to hear and determine | ||||||
5 | those motions shall, upon determining that
there is | ||||||
6 | probable cause that both allegations are true, enter an | ||||||
7 | order
permitting prosecution under the criminal laws of | ||||||
8 | Illinois.
| ||||||
9 | (d) If a petition alleges commission by a minor 15 | ||||||
10 | years of age or older
of an act that constitutes the | ||||||
11 | offense of aggravated discharge of a firearm
committed in a | ||||||
12 | school, on the real property comprising a school, within | ||||||
13 | 1,000
feet of the real property comprising a school, at a | ||||||
14 | school related activity, or
on, boarding, or departing from | ||||||
15 | any conveyance owned, leased, or contracted by
a school or | ||||||
16 | school district to transport students to or from school or | ||||||
17 | a school
related activity, regardless of the time of day or | ||||||
18 | the time of year, the
juvenile judge designated to hear and | ||||||
19 | determine those motions shall, upon
determining that there | ||||||
20 | is probable cause that the allegations are true, enter
an | ||||||
21 | order permitting prosecution under the criminal laws of | ||||||
22 | Illinois.
| ||||||
23 | For purposes of this paragraph (d) of subsection (1):
| ||||||
24 | "School" means a public or private
elementary or | ||||||
25 | secondary school, community college, college, or | ||||||
26 | university.
|
| |||||||
| |||||||
1 | "School related activity" means any sporting, social, | ||||||
2 | academic, or other
activity for which students' attendance | ||||||
3 | or participation is sponsored,
organized, or funded in | ||||||
4 | whole or in part by a school or school district.
| ||||||
5 | (2) Presumptive transfer.
| ||||||
6 | (a) If the State's Attorney files a petition, at any | ||||||
7 | time prior to
commencement of the minor's trial, to permit | ||||||
8 | prosecution under the criminal
laws and the petition | ||||||
9 | alleges the commission by a minor 15 years of age or
older
| ||||||
10 | of: (i) a Class X felony other than armed violence; (ii) | ||||||
11 | aggravated discharge
of a firearm; (iii) armed violence | ||||||
12 | with a firearm when the predicate offense
is a Class 1 or | ||||||
13 | Class 2 felony and the State's Attorney's motion to | ||||||
14 | transfer
the case alleges that the offense committed is in | ||||||
15 | furtherance of the criminal
activities of an organized | ||||||
16 | gang; (iv) armed violence with a firearm when the
predicate | ||||||
17 | offense is a violation of the Illinois Controlled | ||||||
18 | Substances Act, a violation of the Cannabis Control Act, or | ||||||
19 | a violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act; (v) armed violence when the
weapon involved | ||||||
21 | was a machine gun or other weapon described in subsection
| ||||||
22 | (a)(7) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 ; (vi) an act in violation of Section | ||||||
24 | 401 of the Illinois Controlled Substances Act which is a | ||||||
25 | Class X felony, while in a school, regardless of the time | ||||||
26 | of day or the time of year, or on any conveyance owned, |
| |||||||
| |||||||
1 | leased, or contracted by a school to transport students to | ||||||
2 | or from school or a school related activity, or on | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public housing agency or leased by a public housing agency | ||||||
5 | as part of a scattered site or mixed-income development; or | ||||||
6 | (vii) an act in violation of Section 401 of the Illinois | ||||||
7 | Controlled Substances Act and the offense is alleged to | ||||||
8 | have occurred while in a school or on a public way within | ||||||
9 | 1,000 feet of the real property comprising any school, | ||||||
10 | regardless of the time of day or the time of year when the | ||||||
11 | delivery or intended delivery of any amount of the | ||||||
12 | controlled substance is to a person under 17 years of age, | ||||||
13 | (to qualify for a presumptive transfer under paragraph (vi) | ||||||
14 | or (vii) of this clause (2)(a), the violation cannot be | ||||||
15 | based upon subsection (b) of Section 407 of the Illinois | ||||||
16 | Controlled Substances Act) and, if the juvenile judge
| ||||||
17 | assigned to hear and determine motions to transfer a case | ||||||
18 | for prosecution in
the criminal court determines that there | ||||||
19 | is probable cause to believe that the
allegations in the | ||||||
20 | petition and motion are true, there is a rebuttable
| ||||||
21 | presumption that the minor is not a fit and proper subject | ||||||
22 | to be dealt with
under the Juvenile Justice Reform | ||||||
23 | Provisions of 1998 (Public Act 90-590),
and that, except as | ||||||
24 | provided in paragraph (b), the case should be transferred
| ||||||
25 | to the criminal court.
| ||||||
26 | (b) The judge shall enter an order permitting |
| |||||||
| |||||||
1 | prosecution under the
criminal laws of Illinois unless the | ||||||
2 | judge makes a finding based on clear and
convincing | ||||||
3 | evidence that the minor would be amenable to the care, | ||||||
4 | treatment,
and training programs available through the | ||||||
5 | facilities of the juvenile court
based on an evaluation of | ||||||
6 | the following:
| ||||||
7 | (i) the age of the minor;
| ||||||
8 | (ii) the history of the minor, including:
| ||||||
9 | (A) any previous delinquent or criminal | ||||||
10 | history of the minor, | ||||||
11 | (B) any previous abuse or neglect history of | ||||||
12 | the minor, and
| ||||||
13 | (C) any mental health, physical or educational | ||||||
14 | history of the minor or combination of these | ||||||
15 | factors;
| ||||||
16 | (iii) the circumstances of the offense, including:
| ||||||
17 | (A) the seriousness of the offense,
| ||||||
18 | (B) whether the minor is charged through | ||||||
19 | accountability,
| ||||||
20 | (C) whether there is evidence the offense was | ||||||
21 | committed in an aggressive and premeditated | ||||||
22 | manner,
| ||||||
23 | (D) whether there is evidence the offense | ||||||
24 | caused serious bodily harm,
| ||||||
25 | (E) whether there is evidence the minor | ||||||
26 | possessed a deadly weapon;
|
| |||||||
| |||||||
1 | (iv) the advantages of treatment within the | ||||||
2 | juvenile justice system including whether there are | ||||||
3 | facilities or programs, or both, particularly | ||||||
4 | available in the juvenile system;
| ||||||
5 | (v) whether the security of the public requires | ||||||
6 | sentencing under Chapter V of the Unified Code of | ||||||
7 | Corrections:
| ||||||
8 | (A) the minor's history of services, including | ||||||
9 | the minor's willingness to participate | ||||||
10 | meaningfully in available services;
| ||||||
11 | (B) whether there is a reasonable likelihood | ||||||
12 | that the minor can be rehabilitated before the | ||||||
13 | expiration of the juvenile court's jurisdiction;
| ||||||
14 | (C) the adequacy of the punishment or | ||||||
15 | services.
| ||||||
16 | In considering these factors, the court shall give | ||||||
17 | greater
weight to the seriousness of the alleged offense | ||||||
18 | and the minor's prior record
of delinquency than to the | ||||||
19 | other factors listed in this subsection.
| ||||||
20 | For purposes of clauses (2)(a)(vi) and (vii): | ||||||
21 | "School" means a public or private elementary or secondary | ||||||
22 | school, community college, college, or university. | ||||||
23 | "School related activity" means any sporting, social, | ||||||
24 | academic, or other activity for which students' attendance or | ||||||
25 | participation is sponsored, organized, or funded in whole or in | ||||||
26 | part by a school or school district.
|
| |||||||
| |||||||
1 | (3) Discretionary transfer.
| ||||||
2 | (a) If a petition alleges commission by a minor 13 | ||||||
3 | years of age or over of
an act that constitutes a crime | ||||||
4 | under the laws of this State and, on motion of
the State's | ||||||
5 | Attorney to permit prosecution of the minor under the | ||||||
6 | criminal
laws, a Juvenile Judge assigned by the Chief Judge | ||||||
7 | of the Circuit to hear and
determine those motions, after | ||||||
8 | hearing but before commencement of the
trial, finds that | ||||||
9 | there is probable cause to believe that the
allegations in | ||||||
10 | the motion are true and that it is not in the best | ||||||
11 | interests
of the public to proceed under this Act, the | ||||||
12 | court may enter an
order permitting prosecution under the | ||||||
13 | criminal laws.
| ||||||
14 | (b) In making its determination on the motion to permit | ||||||
15 | prosecution under
the criminal laws, the court shall | ||||||
16 | consider among other matters:
| ||||||
17 | (i) the age of the minor;
| ||||||
18 | (ii) the history of the minor, including:
| ||||||
19 | (A) any previous delinquent or criminal | ||||||
20 | history of the minor,
| ||||||
21 | (B) any previous abuse or neglect history of | ||||||
22 | the minor, and
| ||||||
23 | (C) any mental health, physical, or | ||||||
24 | educational history of the minor or combination of | ||||||
25 | these factors;
| ||||||
26 | (iii) the circumstances of the offense, including:
|
| |||||||
| |||||||
1 | (A) the seriousness of the offense,
| ||||||
2 | (B) whether the minor is charged through | ||||||
3 | accountability,
| ||||||
4 | (C) whether there is evidence the offense was | ||||||
5 | committed in an aggressive and premeditated | ||||||
6 | manner,
| ||||||
7 | (D) whether there is evidence the offense | ||||||
8 | caused serious bodily harm,
| ||||||
9 | (E) whether there is evidence the minor | ||||||
10 | possessed a deadly weapon;
| ||||||
11 | (iv) the advantages of treatment within the | ||||||
12 | juvenile justice system including whether there are | ||||||
13 | facilities or programs, or both, particularly | ||||||
14 | available in the juvenile system;
| ||||||
15 | (v) whether the security of the public requires | ||||||
16 | sentencing under Chapter V of the Unified Code of | ||||||
17 | Corrections:
| ||||||
18 | (A) the minor's history of services, including | ||||||
19 | the minor's willingness to participate | ||||||
20 | meaningfully in available services;
| ||||||
21 | (B) whether there is a reasonable likelihood | ||||||
22 | that the minor can be rehabilitated before the | ||||||
23 | expiration of the juvenile court's jurisdiction;
| ||||||
24 | (C) the adequacy of the punishment or | ||||||
25 | services.
| ||||||
26 | In considering these factors, the court shall give |
| |||||||
| |||||||
1 | greater
weight to the seriousness of the alleged offense | ||||||
2 | and the minor's prior record
of delinquency than to the | ||||||
3 | other factors listed in this subsection.
| ||||||
4 | (4) The rules of evidence for this hearing shall be the | ||||||
5 | same as under
Section 5-705 of this Act. A minor must be | ||||||
6 | represented in court by counsel
before the hearing may be | ||||||
7 | commenced.
| ||||||
8 | (5) If criminal proceedings are instituted, the petition | ||||||
9 | for adjudication
of wardship shall be dismissed insofar as the | ||||||
10 | act or acts involved in the
criminal proceedings. Taking of | ||||||
11 | evidence in a trial on petition for
adjudication of wardship is | ||||||
12 | a bar to criminal proceedings based upon the
conduct alleged in | ||||||
13 | the petition.
| ||||||
14 | (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | ||||||
15 | 95-331, eff. 8-21-07.)
| ||||||
16 | (705 ILCS 405/5-901)
| ||||||
17 | Sec. 5-901. Court file.
| ||||||
18 | (1) The Court file with respect to proceedings under this
| ||||||
19 | Article shall consist of the petitions, pleadings, victim | ||||||
20 | impact statements,
process,
service of process, orders, writs | ||||||
21 | and docket entries reflecting hearings held
and judgments and | ||||||
22 | decrees entered by the court. The court file shall be
kept | ||||||
23 | separate from other records of the court.
| ||||||
24 | (a) The file, including information identifying the | ||||||
25 | victim or alleged
victim of any sex
offense, shall be |
| |||||||
| |||||||
1 | disclosed only to the following parties when necessary for
| ||||||
2 | discharge of their official duties:
| ||||||
3 | (i) A judge of the circuit court and members of the | ||||||
4 | staff of the court
designated by the judge;
| ||||||
5 | (ii) Parties to the proceedings and their | ||||||
6 | attorneys;
| ||||||
7 | (iii) Victims and their attorneys, except in cases | ||||||
8 | of multiple victims
of
sex offenses in which case the | ||||||
9 | information identifying the nonrequesting
victims | ||||||
10 | shall be redacted;
| ||||||
11 | (iv) Probation officers, law enforcement officers | ||||||
12 | or prosecutors or
their
staff;
| ||||||
13 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
14 | (b) The Court file redacted to remove any information | ||||||
15 | identifying the
victim or alleged victim of any sex offense | ||||||
16 | shall be disclosed only to the
following parties when | ||||||
17 | necessary for discharge of their official duties:
| ||||||
18 | (i) Authorized military personnel;
| ||||||
19 | (ii) Persons engaged in bona fide research, with | ||||||
20 | the permission of the
judge of the juvenile court and | ||||||
21 | the chief executive of the agency that prepared
the
| ||||||
22 | particular recording: provided that publication of | ||||||
23 | such research results in no
disclosure of a minor's | ||||||
24 | identity and protects the confidentiality of the
| ||||||
25 | record;
| ||||||
26 | (iii) The Secretary of State to whom the Clerk of |
| |||||||
| |||||||
1 | the Court shall report
the disposition of all cases, as | ||||||
2 | required in Section 6-204 or Section 6-205.1
of the | ||||||
3 | Illinois
Vehicle Code. However, information reported | ||||||
4 | relative to these offenses shall
be privileged and | ||||||
5 | available only to the Secretary of State, courts, and | ||||||
6 | police
officers;
| ||||||
7 | (iv) The administrator of a bonafide substance | ||||||
8 | abuse student
assistance program with the permission | ||||||
9 | of the presiding judge of the
juvenile court;
| ||||||
10 | (v) Any individual, or any public or private agency | ||||||
11 | or institution,
having
custody of the juvenile under | ||||||
12 | court order or providing educational, medical or
| ||||||
13 | mental health services to the juvenile or a | ||||||
14 | court-approved advocate for the
juvenile or any | ||||||
15 | placement provider or potential placement provider as
| ||||||
16 | determined by the court.
| ||||||
17 | (3) A minor who is the victim or alleged victim in a | ||||||
18 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
19 | regarding disclosure of identity as the
minor who is the | ||||||
20 | subject of record.
Information identifying victims and alleged | ||||||
21 | victims of sex offenses,
shall not be disclosed or open to | ||||||
22 | public inspection under any circumstances.
Nothing in this | ||||||
23 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
24 | offense from voluntarily disclosing his or her identity.
| ||||||
25 | (4) Relevant information, reports and records shall be made | ||||||
26 | available to the
Department of
Juvenile Justice when a juvenile |
| |||||||
| |||||||
1 | offender has been placed in the custody of the
Department of | ||||||
2 | Juvenile Justice.
| ||||||
3 | (5) Except as otherwise provided in this subsection (5), | ||||||
4 | juvenile court
records shall not be made available to the | ||||||
5 | general public
but may be inspected by representatives of | ||||||
6 | agencies, associations and news
media or other properly | ||||||
7 | interested persons by general or special order of
the court. | ||||||
8 | The State's Attorney, the minor, his or her parents, guardian | ||||||
9 | and
counsel
shall at all times have the right to examine court | ||||||
10 | files and records.
| ||||||
11 | (a) The
court shall allow the general public to have | ||||||
12 | access to the name, address, and
offense of a minor
who is | ||||||
13 | adjudicated a delinquent minor under this Act under either | ||||||
14 | of the
following circumstances:
| ||||||
15 | (i) The
adjudication of
delinquency was based upon | ||||||
16 | the
minor's
commission of first degree murder, attempt | ||||||
17 | to commit first degree
murder, aggravated criminal | ||||||
18 | sexual assault, or criminal sexual assault; or
| ||||||
19 | (ii) The court has made a finding that the minor | ||||||
20 | was at least 13 years
of
age
at the time the act was | ||||||
21 | committed and the adjudication of delinquency was | ||||||
22 | based
upon the minor's commission of: (A)
an act in | ||||||
23 | furtherance of the commission of a felony as a member | ||||||
24 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
25 | involving the use of a firearm in the commission of a
| ||||||
26 | felony, (C) an act that would be a Class X felony |
| |||||||
| |||||||
1 | offense
under or
the minor's second or subsequent
Class | ||||||
2 | 2 or greater felony offense under the Cannabis Control | ||||||
3 | Act if committed
by an adult,
(D) an act that would be | ||||||
4 | a second or subsequent offense under Section 402 of
the | ||||||
5 | Illinois Controlled Substances Act if committed by an | ||||||
6 | adult, (E) an act
that would be an offense under | ||||||
7 | Section 401 of the Illinois Controlled
Substances Act | ||||||
8 | if committed by an adult, or (F) an act that would be | ||||||
9 | an offense under the Methamphetamine Control and | ||||||
10 | Community Protection Act if committed by an adult.
| ||||||
11 | (b) The court
shall allow the general public to have | ||||||
12 | access to the name, address, and offense
of a minor who is | ||||||
13 | at least 13 years of age at
the time the offense
is | ||||||
14 | committed and who is convicted, in criminal proceedings
| ||||||
15 | permitted or required under Section 5-805, under either of
| ||||||
16 | the following
circumstances:
| ||||||
17 | (i) The minor has been convicted of first degree | ||||||
18 | murder, attempt
to commit first degree
murder, | ||||||
19 | aggravated criminal sexual
assault, or criminal sexual | ||||||
20 | assault,
| ||||||
21 | (ii) The court has made a finding that the minor | ||||||
22 | was at least 13 years
of age
at the time the offense | ||||||
23 | was committed and the conviction was based upon the
| ||||||
24 | minor's commission of: (A)
an offense in
furtherance of | ||||||
25 | the commission of a felony as a member of or on behalf | ||||||
26 | of a
criminal street gang, (B) an offense
involving the |
| |||||||
| |||||||
1 | use of a firearm in the commission of a felony, (C)
a | ||||||
2 | Class X felony offense under the Cannabis Control Act | ||||||
3 | or a second or
subsequent Class 2 or
greater felony | ||||||
4 | offense under the Cannabis Control Act, (D) a
second or | ||||||
5 | subsequent offense under Section 402 of the Illinois
| ||||||
6 | Controlled Substances Act, (E) an offense under | ||||||
7 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
8 | or (F) an offense under the Methamphetamine Control and | ||||||
9 | Community Protection Act.
| ||||||
10 | (6) Nothing in this Section shall be construed to limit the | ||||||
11 | use of a
adjudication of delinquency as
evidence in any | ||||||
12 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
13 | admissible under the rules of evidence, including but not | ||||||
14 | limited to, use as
impeachment evidence against any witness, | ||||||
15 | including the minor if he or she
testifies.
| ||||||
16 | (7) Nothing in this Section shall affect the right of a | ||||||
17 | Civil Service
Commission or appointing authority examining the | ||||||
18 | character and fitness of
an applicant for a position as a law | ||||||
19 | enforcement officer to ascertain
whether that applicant was | ||||||
20 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
21 | examine the records or evidence which were made in
proceedings | ||||||
22 | under this Act.
| ||||||
23 | (8) Following any adjudication of delinquency for a crime | ||||||
24 | which would be
a felony if committed by an adult, or following | ||||||
25 | any adjudication of delinquency
for a violation of Section | ||||||
26 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 , the State's Attorney shall ascertain
| ||||||
2 | whether the minor respondent is enrolled in school and, if so, | ||||||
3 | shall provide
a copy of the sentencing order to the principal | ||||||
4 | or chief administrative
officer of the school. Access to such | ||||||
5 | juvenile records shall be limited
to the principal or chief | ||||||
6 | administrative officer of the school and any guidance
counselor | ||||||
7 | designated by him or her.
| ||||||
8 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
9 | disclosure of information or records relating or pertaining to | ||||||
10 | juveniles
subject to the provisions of the Serious Habitual | ||||||
11 | Offender Comprehensive
Action Program when that information is | ||||||
12 | used to assist in the early
identification and treatment of | ||||||
13 | habitual juvenile offenders.
| ||||||
14 | (11) The Clerk of the Circuit Court shall report to the | ||||||
15 | Department of
State
Police, in the form and manner required by | ||||||
16 | the Department of State Police, the
final disposition of each | ||||||
17 | minor who has been arrested or taken into custody
before his or | ||||||
18 | her 17th birthday for those offenses required to be reported
| ||||||
19 | under Section 5 of the Criminal Identification Act. Information | ||||||
20 | reported to
the Department under this Section may be maintained | ||||||
21 | with records that the
Department files under Section 2.1 of the | ||||||
22 | Criminal Identification Act.
| ||||||
23 | (12) Information or records may be disclosed to the general | ||||||
24 | public when the
court is conducting hearings under Section | ||||||
25 | 5-805 or 5-810.
| ||||||
26 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-905)
| ||||||
2 | Sec. 5-905. Law enforcement records.
| ||||||
3 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
4 | enforcement records maintained by law enforcement
agencies | ||||||
5 | that relate to a minor who has been arrested or taken into | ||||||
6 | custody
before his or her 17th birthday shall be restricted to | ||||||
7 | the following and when
necessary for the discharge of their | ||||||
8 | official duties:
| ||||||
9 | (a) A judge of the circuit court and members of the | ||||||
10 | staff of the court
designated by the judge;
| ||||||
11 | (b) Law enforcement officers, probation officers or | ||||||
12 | prosecutors or their
staff, or, when necessary for the | ||||||
13 | discharge of its official duties in connection with a | ||||||
14 | particular investigation of the conduct of a law | ||||||
15 | enforcement officer, an independent agency or its staff | ||||||
16 | created by ordinance and charged by a unit of local | ||||||
17 | government with the duty of investigating the conduct of | ||||||
18 | law enforcement officers;
| ||||||
19 | (c) The minor, the minor's parents or legal guardian | ||||||
20 | and their attorneys,
but only when the juvenile has been | ||||||
21 | charged with an offense;
| ||||||
22 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
23 | (e) Authorized military personnel;
| ||||||
24 | (f) Persons engaged in bona fide research, with the | ||||||
25 | permission of the
judge of juvenile court and the chief |
| |||||||
| |||||||
1 | executive of the agency that prepared the
particular | ||||||
2 | recording: provided that publication of such research | ||||||
3 | results in no
disclosure of a minor's identity and protects | ||||||
4 | the confidentiality of the
record;
| ||||||
5 | (g) Individuals responsible for supervising or | ||||||
6 | providing temporary or
permanent care and custody of minors | ||||||
7 | pursuant to orders of the juvenile court
or directives from | ||||||
8 | officials of the Department of Children and Family
Services | ||||||
9 | or the Department of Human Services who certify in writing | ||||||
10 | that the
information will not be disclosed to any other | ||||||
11 | party except as provided under
law or order of court;
| ||||||
12 | (h) The appropriate school official only if the agency | ||||||
13 | or officer believes that there is an imminent threat of | ||||||
14 | physical harm to students, school personnel, or others who | ||||||
15 | are present in the school or on school grounds. | ||||||
16 | (A) Inspection and copying
shall be limited to law | ||||||
17 | enforcement records transmitted to the appropriate
| ||||||
18 | school official or officials whom the school has | ||||||
19 | determined to have a legitimate educational or safety | ||||||
20 | interest by a local law enforcement agency under a | ||||||
21 | reciprocal reporting
system established and maintained | ||||||
22 | between the school district and the local law
| ||||||
23 | enforcement agency under Section 10-20.14 of the | ||||||
24 | School Code concerning a minor
enrolled in a school | ||||||
25 | within the school district who has been arrested
or | ||||||
26 | taken into custody for any of the following offenses: |
| |||||||
| |||||||
1 | (i) any violation of Article 24 of the Criminal | ||||||
2 | Code of
1961 or the Criminal Code of 2012 ; | ||||||
3 | (ii) a violation of the Illinois Controlled | ||||||
4 | Substances Act; | ||||||
5 | (iii) a violation of the Cannabis Control Act; | ||||||
6 | (iv) a forcible felony as defined in Section | ||||||
7 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
8 | Code of 2012 ; | ||||||
9 | (v) a violation of the Methamphetamine Control | ||||||
10 | and Community Protection Act; | ||||||
11 | (vi) a violation of Section 1-2 of the | ||||||
12 | Harassing and Obscene Communications Act; | ||||||
13 | (vii) a violation of the Hazing Act; or | ||||||
14 | (viii) a violation of Section 12-1, 12-2, | ||||||
15 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
16 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 . | ||||||
18 | The information derived from the law enforcement | ||||||
19 | records shall be kept separate from and shall not | ||||||
20 | become a part of the official school record of that | ||||||
21 | child and shall not be a public record. The information | ||||||
22 | shall be used solely by the appropriate school official | ||||||
23 | or officials whom the school has determined to have a | ||||||
24 | legitimate educational or safety interest to aid in the | ||||||
25 | proper rehabilitation of the child and to protect the | ||||||
26 | safety of students and employees in the school. If the |
| |||||||
| |||||||
1 | designated law enforcement and school officials deem | ||||||
2 | it to be in the best interest of the minor, the student | ||||||
3 | may be referred to in-school or community based social | ||||||
4 | services if those services are available. | ||||||
5 | "Rehabilitation services" may include interventions by | ||||||
6 | school support personnel, evaluation for eligibility | ||||||
7 | for special education, referrals to community-based | ||||||
8 | agencies such as youth services, behavioral healthcare | ||||||
9 | service providers, drug and alcohol prevention or | ||||||
10 | treatment programs, and other interventions as deemed | ||||||
11 | appropriate for the student. | ||||||
12 | (B) Any information provided to appropriate school | ||||||
13 | officials whom the school has determined to have a | ||||||
14 | legitimate educational or safety interest by local law | ||||||
15 | enforcement officials about a minor who is the subject | ||||||
16 | of a current police investigation that is directly | ||||||
17 | related to school safety shall consist of oral | ||||||
18 | information only, and not written law enforcement | ||||||
19 | records, and shall be used solely by the appropriate | ||||||
20 | school official or officials to protect the safety of | ||||||
21 | students and employees in the school and aid in the | ||||||
22 | proper rehabilitation of the child. The information | ||||||
23 | derived orally from the local law enforcement | ||||||
24 | officials shall be kept separate from and shall not | ||||||
25 | become a part of the official school record of the | ||||||
26 | child and shall not be a public record. This limitation |
| |||||||
| |||||||
1 | on the use of information about a minor who is the | ||||||
2 | subject of a current police investigation shall in no | ||||||
3 | way limit the use of this information by prosecutors in | ||||||
4 | pursuing criminal charges arising out of the | ||||||
5 | information disclosed during a police investigation of | ||||||
6 | the minor. For purposes of this paragraph, | ||||||
7 | "investigation" means an official systematic inquiry | ||||||
8 | by a law enforcement agency into actual or suspected | ||||||
9 | criminal activity ; .
| ||||||
10 | (i) The president of a park district. Inspection and | ||||||
11 | copying shall be limited to law enforcement records | ||||||
12 | transmitted to the president of the park district by the | ||||||
13 | Illinois State Police under Section 8-23 of the Park | ||||||
14 | District Code or Section 16a-5 of the Chicago Park District | ||||||
15 | Act concerning a person who is seeking employment with that | ||||||
16 | park district and who has been adjudicated a juvenile | ||||||
17 | delinquent for any of the offenses listed in subsection (c) | ||||||
18 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
19 | of Section 16a-5 of the Chicago Park District Act. | ||||||
20 | (2) Information identifying victims and alleged victims of | ||||||
21 | sex offenses,
shall not be disclosed or open to public | ||||||
22 | inspection under any circumstances.
Nothing in this Section | ||||||
23 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
24 | from voluntarily disclosing his or her identity.
| ||||||
25 | (2.5) If the minor is a victim of aggravated battery, | ||||||
26 | battery, attempted first degree murder, or other non-sexual |
| |||||||
| |||||||
1 | violent offense, the identity of the victim may be disclosed to | ||||||
2 | appropriate school officials, for the purpose of preventing | ||||||
3 | foreseeable future violence involving minors, by a local law | ||||||
4 | enforcement agency pursuant to an agreement established | ||||||
5 | between the school district and a local law enforcement agency | ||||||
6 | subject to the approval by the presiding judge of the juvenile | ||||||
7 | court. | ||||||
8 | (3) Relevant information, reports and records shall be made | ||||||
9 | available to the
Department of Juvenile Justice when a juvenile | ||||||
10 | offender has been placed in the
custody of the Department of | ||||||
11 | Juvenile Justice.
| ||||||
12 | (4) Nothing in this Section shall prohibit the inspection | ||||||
13 | or disclosure to
victims and witnesses of photographs contained | ||||||
14 | in the records of law
enforcement agencies when the inspection | ||||||
15 | or disclosure is conducted in the
presence of a law enforcement | ||||||
16 | officer for purposes of identification or
apprehension of any | ||||||
17 | person in the course of any criminal investigation or
| ||||||
18 | prosecution.
| ||||||
19 | (5) The records of law enforcement officers, or of an | ||||||
20 | independent agency created by ordinance and charged by a unit | ||||||
21 | of local government with the duty of investigating the conduct | ||||||
22 | of law enforcement officers, concerning all minors under
17 | ||||||
23 | years of age must be maintained separate from the records of | ||||||
24 | adults and
may not be open to public inspection or their | ||||||
25 | contents disclosed to the
public except by order of the court | ||||||
26 | or when the institution of criminal
proceedings has been |
| |||||||
| |||||||
1 | permitted under Section 5-130 or 5-805 or required
under | ||||||
2 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
3 | crime and is the
subject of
pre-sentence investigation or when | ||||||
4 | provided by law.
| ||||||
5 | (6) Except as otherwise provided in this subsection (6), | ||||||
6 | law enforcement
officers, and personnel of an independent | ||||||
7 | agency created by ordinance and charged by a unit of local | ||||||
8 | government with the duty of investigating the conduct of law | ||||||
9 | enforcement officers, may not disclose the identity of any | ||||||
10 | minor
in releasing information to the general public as to the | ||||||
11 | arrest, investigation
or disposition of any case involving a | ||||||
12 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
13 | petition the court to
disclose the name and address of the | ||||||
14 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
15 | a finding by clear and convincing evidence that the
disclosure | ||||||
16 | is either necessary for the victim to pursue a civil remedy | ||||||
17 | against
the minor or the minor's parents or legal guardian, or | ||||||
18 | both, or to protect the
victim's person or property from the | ||||||
19 | minor, then the court may order the
disclosure of the | ||||||
20 | information to the victim or to the parent or legal guardian
of | ||||||
21 | the victim only for the purpose of the victim pursuing a civil | ||||||
22 | remedy
against the minor or the minor's parents or legal | ||||||
23 | guardian, or both, or to
protect the victim's person or | ||||||
24 | property from the minor.
| ||||||
25 | (7) Nothing contained in this Section shall prohibit law | ||||||
26 | enforcement
agencies when acting in their official capacity |
| |||||||
| |||||||
1 | from communicating with each
other by letter, memorandum, | ||||||
2 | teletype or
intelligence alert bulletin or other means the | ||||||
3 | identity or other relevant
information pertaining to a person | ||||||
4 | under 17 years of age. The information
provided under this | ||||||
5 | subsection (7) shall remain confidential and shall not
be | ||||||
6 | publicly disclosed, except as otherwise allowed by law.
| ||||||
7 | (8) No person shall disclose information under this Section | ||||||
8 | except when
acting in his or her official capacity and as | ||||||
9 | provided by law or order of
court.
| ||||||
10 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11; | ||||||
11 | 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; revised 9-20-12.)
| ||||||
12 | Section 605. The Criminal Code of 2012 is amended by | ||||||
13 | changing Sections 1-6, 2-13, 11-6, 11-6.5, 11-9.1, 11-9.1A, | ||||||
14 | 11-9.3, 11-23, 16-1, 17-10.5, 19-6, 26.5-5, 33G-3, 36-1, 37-1, | ||||||
15 | and 48-8 as follows:
| ||||||
16 | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| ||||||
17 | Sec. 1-6. Place of trial.
| ||||||
18 | (a) Generally.
| ||||||
19 | Criminal actions shall be tried
in the county where the | ||||||
20 | offense was committed, except as otherwise provided
by law. The | ||||||
21 | State is not required to prove during trial that the alleged
| ||||||
22 | offense occurred in any particular county in this State. When a | ||||||
23 | defendant
contests the place of trial under this Section, all | ||||||
24 | proceedings regarding this
issue shall be conducted under |
| |||||||
| |||||||
1 | Section 114-1 of the Code of Criminal Procedure
of 1963. All | ||||||
2 | objections of improper place of trial are waived by a defendant
| ||||||
3 | unless made before trial.
| ||||||
4 | (b) Assailant and Victim in Different Counties.
| ||||||
5 | If a person committing an offense upon the person of | ||||||
6 | another is
located in one county and his victim is located in | ||||||
7 | another county at the
time of the commission of the offense, | ||||||
8 | trial may be had in either of
said counties.
| ||||||
9 | (c) Death and Cause of Death in Different Places or | ||||||
10 | Undetermined.
| ||||||
11 | If cause of death is inflicted in one county and death | ||||||
12 | ensues in
another county, the offender may be tried in either | ||||||
13 | county. If neither
the county in which the cause of death was | ||||||
14 | inflicted nor the county in which
death ensued are known before | ||||||
15 | trial, the offender may be tried in the county
where the body | ||||||
16 | was found.
| ||||||
17 | (d) Offense Commenced Outside the State.
| ||||||
18 | If the commission of an offense commenced outside the State | ||||||
19 | is
consummated within this State, the offender shall be tried | ||||||
20 | in the county
where the offense is consummated.
| ||||||
21 | (e) Offenses Committed in Bordering Navigable Waters.
| ||||||
22 | If an offense is committed on any of the navigable waters | ||||||
23 | bordering
on this State, the offender may be tried in any | ||||||
24 | county adjacent to such
navigable water.
| ||||||
25 | (f) Offenses Committed while in Transit.
| ||||||
26 | If an offense is committed upon any railroad car, vehicle, |
| |||||||
| |||||||
1 | watercraft
or aircraft passing within this State, and it cannot | ||||||
2 | readily be
determined in which county the offense was | ||||||
3 | committed, the offender may
be tried in any county through | ||||||
4 | which such railroad car, vehicle,
watercraft or aircraft has | ||||||
5 | passed.
| ||||||
6 | (g) Theft.
| ||||||
7 | A person who commits theft of property may be tried in any | ||||||
8 | county in
which he exerted control over such property.
| ||||||
9 | (h) Bigamy.
| ||||||
10 | A person who commits the offense of bigamy may be tried in | ||||||
11 | any county
where the bigamous marriage or bigamous cohabitation | ||||||
12 | has occurred.
| ||||||
13 | (i) Kidnaping.
| ||||||
14 | A person who commits the offense of kidnaping may be tried | ||||||
15 | in any
county in which his victim has traveled or has been | ||||||
16 | confined during the
course of the offense.
| ||||||
17 | (j) Pandering.
| ||||||
18 | A person who commits the offense of pandering as set forth | ||||||
19 | in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be | ||||||
20 | tried in any
county in which the prostitution was practiced or | ||||||
21 | in any county in which
any act in furtherance of the offense | ||||||
22 | shall have been committed.
| ||||||
23 | (k) Treason.
| ||||||
24 | A person who commits the offense of treason may be tried in | ||||||
25 | any
county.
| ||||||
26 | (l) Criminal Defamation.
|
| |||||||
| |||||||
1 | If criminal defamation is spoken, printed or written in one | ||||||
2 | county
and is received or circulated in another or other | ||||||
3 | counties, the offender
shall be tried in the county where the | ||||||
4 | defamation is spoken, printed or
written. If the defamation is | ||||||
5 | spoken, printed or written outside this
state, or the offender | ||||||
6 | resides outside this state, the offender may be
tried in any | ||||||
7 | county in this state in which the defamation was circulated
or | ||||||
8 | received.
| ||||||
9 | (m) Inchoate Offenses.
| ||||||
10 | A person who commits an inchoate offense may be tried in | ||||||
11 | any county
in which any act which is an element of the offense, | ||||||
12 | including the
agreement in conspiracy, is committed.
| ||||||
13 | (n) Accountability for Conduct of Another.
| ||||||
14 | Where a person in one county solicits, aids, abets, agrees, | ||||||
15 | or
attempts to aid another in the planning or commission of an | ||||||
16 | offense in
another county, he may be tried for the offense in | ||||||
17 | either county.
| ||||||
18 | (o) Child Abduction.
| ||||||
19 | A person who commits the offense of child abduction may be | ||||||
20 | tried in any
county in which his victim has traveled, been | ||||||
21 | detained, concealed or
removed to during the course of the | ||||||
22 | offense. Notwithstanding the foregoing,
unless for good cause | ||||||
23 | shown, the preferred place of trial shall be the
county of the | ||||||
24 | residence of the lawful custodian.
| ||||||
25 | (p) A person who commits the offense of narcotics | ||||||
26 | racketeering may be
tried in any county where cannabis or a |
| |||||||
| |||||||
1 | controlled substance which is the
basis for the charge of | ||||||
2 | narcotics racketeering was used; acquired;
transferred or | ||||||
3 | distributed to, from or through; or any county where any act
| ||||||
4 | was performed to further the use; acquisition, transfer or | ||||||
5 | distribution of
said cannabis or controlled substance; any | ||||||
6 | money, property, property
interest, or any other asset | ||||||
7 | generated by narcotics activities was
acquired, used, sold, | ||||||
8 | transferred or distributed to, from or through; or,
any | ||||||
9 | enterprise interest obtained as a result of narcotics | ||||||
10 | racketeering was
acquired, used, transferred or distributed | ||||||
11 | to, from or through, or where
any activity was conducted by the | ||||||
12 | enterprise or any conduct to further the
interests of such an | ||||||
13 | enterprise.
| ||||||
14 | (q) A person who commits the offense of money laundering | ||||||
15 | may be tried in
any county where any part of a financial | ||||||
16 | transaction in criminally derived
property took place or in any | ||||||
17 | county where any money or monetary instrument
which is the | ||||||
18 | basis for the offense was acquired, used, sold, transferred or
| ||||||
19 | distributed to, from or through.
| ||||||
20 | (r) A person who commits the offense of cannabis | ||||||
21 | trafficking or
controlled substance trafficking may be tried in | ||||||
22 | any county. | ||||||
23 | (s) A person who commits the offense of online sale of | ||||||
24 | stolen property, online theft by deception, or electronic | ||||||
25 | fencing may be tried in any county where any one or more | ||||||
26 | elements of the offense took place, regardless of whether the |
| |||||||
| |||||||
1 | element of the offense was the result of acts by the accused, | ||||||
2 | the victim or by another person, and regardless of whether the | ||||||
3 | defendant was ever physically present within the boundaries of | ||||||
4 | the county. | ||||||
5 | (t) A person who commits the offense of identity theft or | ||||||
6 | aggravated identity theft may be tried in any one of the | ||||||
7 | following counties in which: (1) the offense occurred;
(2) the | ||||||
8 | information used to commit the offense was illegally used;
or | ||||||
9 | (3) the victim resides. | ||||||
10 | If a person is charged with more than one violation of | ||||||
11 | identity theft or aggravated identity theft and those | ||||||
12 | violations may be tried in more than one county, any of those | ||||||
13 | counties is a proper venue for all of the violations.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
15 | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| ||||||
16 | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||||
17 | person who by
virtue of his office or public
employment is | ||||||
18 | vested by law with a duty to maintain public order or to make
| ||||||
19 | arrests for offenses, whether that duty extends to all offenses | ||||||
20 | or is
limited to specific offenses, or (ii) any person who, by | ||||||
21 | statute, is granted and authorized to exercise powers similar | ||||||
22 | to those conferred upon any peace officer employed by a law | ||||||
23 | enforcement agency of this State.
| ||||||
24 | For purposes of Sections concerning unlawful use of | ||||||
25 | weapons,
for the purposes of assisting an Illinois peace |
| |||||||
| |||||||
1 | officer in an arrest, or when
the commission of any offense | ||||||
2 | under Illinois law is directly observed by the
person, and | ||||||
3 | statutes involving the false personation of a peace officer, | ||||||
4 | false personation of a peace officer while carrying a deadly | ||||||
5 | weapon, false personation of a peace officer in attempting or | ||||||
6 | committing a felony, and false personation of a peace officer | ||||||
7 | in attempting or committing a forcible felony aggravated false | ||||||
8 | personation of a peace officer , then officers, agents, or | ||||||
9 | employees of the federal government
commissioned by
federal | ||||||
10 | statute to make arrests for violations of federal criminal laws
| ||||||
11 | shall be considered "peace officers" under this Code, | ||||||
12 | including, but not
limited to all criminal investigators of:
| ||||||
13 | (1) the United States Department of Justice, the | ||||||
14 | Federal Bureau of
Investigation, the Drug Enforcement | ||||||
15 | Agency and the Department of
Immigration and | ||||||
16 | Naturalization;
| ||||||
17 | (2) the United States Department of the Treasury, the | ||||||
18 | Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | ||||||
19 | and the Customs Service;
| ||||||
20 | (3) the United States Internal Revenue Service;
| ||||||
21 | (4) the United States General Services Administration;
| ||||||
22 | (5) the United States Postal Service;
| ||||||
23 | (6) all United States Marshals or Deputy United States | ||||||
24 | Marshals whose
duties involve the enforcement of federal | ||||||
25 | criminal laws; and
| ||||||
26 | (7) the United States Department of Defense.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, | ||||||
2 | eff. 1-1-08; 95-331, eff. 8-21-07; 95-750, eff. 7-23-08; | ||||||
3 | 95-1007, eff. 12-15-08.)
| ||||||
4 | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| ||||||
5 | Sec. 11-6. Indecent solicitation of a child.
| ||||||
6 | (a) A person of the age of 17 years and upwards commits
| ||||||
7 | indecent solicitation of a child if the person, with the intent | ||||||
8 | that the
offense of aggravated criminal sexual assault, | ||||||
9 | criminal sexual assault,
predatory criminal sexual assault of a | ||||||
10 | child, or aggravated criminal sexual
abuse be committed, | ||||||
11 | knowingly solicits a child or one whom he or she believes
to be | ||||||
12 | a child to perform an act of sexual penetration or sexual | ||||||
13 | conduct as
defined in Section 11-0.1 of this Code.
| ||||||
14 | (a-5) A person of the age of 17 years and upwards commits
| ||||||
15 | indecent solicitation of a child if the person knowingly | ||||||
16 | discusses an act of sexual conduct or sexual penetration with a | ||||||
17 | child or with one whom he or she believes
to be a child by means | ||||||
18 | of the Internet with the intent that the offense of aggravated | ||||||
19 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
20 | child, or aggravated criminal sexual abuse be committed. | ||||||
21 | (a-6) It is not a defense to subsection (a-5) that the | ||||||
22 | person did not solicit the child to perform sexual conduct or | ||||||
23 | sexual penetration with the person.
| ||||||
24 | (b) Definitions. As used in this Section:
| ||||||
25 | "Solicit" means to command, authorize, urge, incite, |
| |||||||
| |||||||
1 | request, or
advise another to perform an act by any means | ||||||
2 | including, but not limited to, in
person, over the phone, | ||||||
3 | in writing, by computer, or by advertisement of any
kind.
| ||||||
4 | "Child" means a person under 17 years of age.
| ||||||
5 | "Internet" has the meaning set forth in Section 16-0.1 | ||||||
6 | 16J-5 of this Code.
| ||||||
7 | "Sexual penetration" or "sexual conduct" are defined | ||||||
8 | in Section 11-0.1 of this Code.
| ||||||
9 | (c) Sentence. Indecent solicitation of a child under | ||||||
10 | subsection (a) is:
| ||||||
11 | (1) a Class 1 felony when the act, if done, would be | ||||||
12 | predatory criminal
sexual assault of a child or aggravated | ||||||
13 | criminal sexual assault;
| ||||||
14 | (2) a Class 2 felony when the act, if done, would be | ||||||
15 | criminal sexual
assault;
| ||||||
16 | (3) a Class 3 felony when the act, if done, would be | ||||||
17 | aggravated criminal
sexual abuse.
| ||||||
18 | Indecent solicitation of a child under subsection (a-5) is | ||||||
19 | a Class 4 felony.
| ||||||
20 | (Source: P.A. 95-143, eff. 1-1-08; 96-1551, eff. 7-1-11 .)
| ||||||
21 | (720 ILCS 5/11-6.5)
| ||||||
22 | Sec. 11-6.5. Indecent solicitation of an adult.
| ||||||
23 | (a) A person commits indecent solicitation of an adult if | ||||||
24 | the person knowingly:
| ||||||
25 | (1) Arranges for a person 17 years of age or over to |
| |||||||
| |||||||
1 | commit an act of
sexual penetration as defined in Section | ||||||
2 | 11-0.1 with a person:
| ||||||
3 | (i) Under the age of 13 years; or
| ||||||
4 | (ii) Thirteen years of age or over but under the | ||||||
5 | age of 17 years; or
| ||||||
6 | (2) Arranges for a person 17 years of age or over to | ||||||
7 | commit an act of
sexual conduct as defined in Section | ||||||
8 | 11-0.1 with a person:
| ||||||
9 | (i) Under the age of 13 years; or
| ||||||
10 | (ii) Thirteen years of age or older but under the | ||||||
11 | age of 17 years.
| ||||||
12 | (b) Sentence.
| ||||||
13 | (1) Violation of paragraph (a)(1)(i) is a Class X | ||||||
14 | felony.
| ||||||
15 | (2) Violation of paragraph (a)(1)(ii) is a Class 1 | ||||||
16 | felony.
| ||||||
17 | (3) Violation of
paragraph (a)(2)(i) is a Class 2 | ||||||
18 | felony.
| ||||||
19 | (4) Violation of paragraph (a)(2)(ii)
is a Class A | ||||||
20 | misdemeanor.
| ||||||
21 | (c) For the purposes of this Section, "arranges" includes | ||||||
22 | but is not
limited to oral or written communication and
| ||||||
23 | communication by telephone, computer, or other electronic | ||||||
24 | means. "Computer"
has the meaning ascribed to it in Section | ||||||
25 | 17-0.5 16D-2 of this Code.
| ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
| ||||||
2 | Sec. 11-9.1. Sexual exploitation of a child.
| ||||||
3 | (a) A person commits sexual exploitation of a child if in | ||||||
4 | the presence
or virtual presence, or both, of a child and with | ||||||
5 | knowledge that a child or one whom he or she believes to be a | ||||||
6 | child would view his or her
acts, that person:
| ||||||
7 | (1) engages in a sexual act; or
| ||||||
8 | (2) exposes his or her sex organs, anus or breast for | ||||||
9 | the purpose of
sexual arousal or gratification of such | ||||||
10 | person or the child or one whom he or she believes to be a | ||||||
11 | child.
| ||||||
12 | (a-5) A person commits sexual exploitation of a child who | ||||||
13 | knowingly
entices, coerces, or persuades a child to remove the | ||||||
14 | child's clothing for the
purpose of sexual arousal or | ||||||
15 | gratification of the person or the child, or
both.
| ||||||
16 | (b) Definitions. As used in this Section:
| ||||||
17 | "Sexual act" means masturbation, sexual conduct or sexual | ||||||
18 | penetration
as defined in Section 11-0.1 of this Code.
| ||||||
19 | "Sex offense" means any violation
of
Article 11 of this | ||||||
20 | Code or Section 12-5.01 12-16.2 of this Code.
| ||||||
21 | "Child" means a person under 17 years of age.
| ||||||
22 | "Virtual presence" means an environment that is created | ||||||
23 | with software and presented to the user and or receiver via the | ||||||
24 | Internet, in such a way that the user appears in front of the | ||||||
25 | receiver on the computer monitor or screen or hand held |
| |||||||
| |||||||
1 | portable electronic device, usually through a web camming | ||||||
2 | program. "Virtual presence" includes primarily experiencing | ||||||
3 | through sight or sound, or both, a video image that can be | ||||||
4 | explored interactively at a personal computer or hand held | ||||||
5 | communication device, or both. | ||||||
6 | "Webcam" means a video capturing device connected to a | ||||||
7 | computer or computer network that is designed to take digital | ||||||
8 | photographs or live or recorded video which allows for the live | ||||||
9 | transmission to an end user over the Internet. | ||||||
10 | (c) Sentence.
| ||||||
11 | (1) Sexual exploitation of a child is a Class A | ||||||
12 | misdemeanor. A second
or subsequent violation of this | ||||||
13 | Section or a substantially similar law of another state is | ||||||
14 | a Class 4 felony.
| ||||||
15 | (2) Sexual exploitation of a child is a Class 4 felony | ||||||
16 | if the person has
been previously convicted of a sex | ||||||
17 | offense. | ||||||
18 | (3) Sexual exploitation of a child is a Class 4 felony | ||||||
19 | if the victim was under 13 years of age at the time of the | ||||||
20 | commission of the offense.
| ||||||
21 | (4) Sexual exploitation of a child is a Class 4 felony | ||||||
22 | if committed by a person 18 years of age or older who is on | ||||||
23 | or within 500 feet of elementary or secondary school | ||||||
24 | grounds when children are present on the grounds. | ||||||
25 | (Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; | ||||||
26 | 96-1551, eff. 7-1-11; 97-333, eff. 8-12-11.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-9.1A)
| ||||||
2 | Sec. 11-9.1A. Permitting sexual abuse of a child. | ||||||
3 | (a) A person responsible for a child's welfare commits
| ||||||
4 | permitting sexual
abuse of a child if the person has actual | ||||||
5 | knowledge of and permits an act of
sexual
abuse upon the
child, | ||||||
6 | or permits the child to engage in prostitution as
defined in | ||||||
7 | Section
11-14 of this the Criminal Code of 1961 . | ||||||
8 | (b) In this Section: | ||||||
9 | "Actual knowledge" includes credible allegations made by | ||||||
10 | the child. | ||||||
11 | "Child" means a minor under the age of 17 years. | ||||||
12 | "Person responsible for the child's welfare" means the | ||||||
13 | child's parent,
step-parent, legal guardian, or other person | ||||||
14 | having custody of a child, who is
responsible
for the child's | ||||||
15 | care at the time of the alleged sexual abuse. | ||||||
16 | "Prostitution" means prostitution as defined in Section | ||||||
17 | 11-14 of this the
Criminal Code of 1961 . | ||||||
18 | "Sexual abuse" includes criminal sexual abuse or criminal | ||||||
19 | sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
20 | 11-1.50, or 11-1.60 of this the Criminal Code of
1961 . | ||||||
21 | (c) This Section does not apply to a person responsible for | ||||||
22 | the child's
welfare who, having
reason to believe that sexual | ||||||
23 | abuse has occurred, makes timely and reasonable
efforts to
stop | ||||||
24 | the sexual abuse by reporting the sexual abuse in conformance | ||||||
25 | with the
Abused and
Neglected Child Reporting Act or by |
| |||||||
| |||||||
1 | reporting the sexual abuse, or causing a
report to be made,
to | ||||||
2 | medical or
law enforcement authorities or anyone who is a | ||||||
3 | mandated reporter under Section
4
of the Abused and Neglected | ||||||
4 | Child Reporting Act. | ||||||
5 | (d) Whenever a law enforcement officer has reason to | ||||||
6 | believe that the child
or the
person responsible for the | ||||||
7 | child's welfare has been abused by a family or
household member | ||||||
8 | as defined by the Illinois Domestic Violence Act of 1986, the
| ||||||
9 | officer
shall immediately use all reasonable means to prevent | ||||||
10 | further abuse under
Section 112A-30 of the Code of Criminal | ||||||
11 | Procedure of 1963. | ||||||
12 | (e) An order of protection under Section 111-8 of the Code | ||||||
13 | of Criminal
Procedure of 1963 shall be sought in all cases | ||||||
14 | where there is reason to believe
that a child has been sexually | ||||||
15 | abused by a family or household member. In
considering | ||||||
16 | appropriate available remedies, it shall be presumed that | ||||||
17 | awarding
physical care or custody to the abuser is not in the | ||||||
18 | child's best interest. | ||||||
19 | (f) A person may not be charged with the offense of | ||||||
20 | permitting sexual abuse
of a child under this Section until the | ||||||
21 | person who committed the offense is
charged with criminal | ||||||
22 | sexual assault, aggravated criminal sexual assault,
predatory
| ||||||
23 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
24 | aggravated
criminal sexual
abuse, or 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 |
| |||||||
| |||||||
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 | prostitution
would result in the imminent infliction of death, | ||||||
12 | great bodily harm, permanent
disfigurement, or permanent | ||||||
13 | disability to that person or another in retaliation
for | ||||||
14 | reporting.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
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 any | ||||||
23 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
24 | school to transport students to or from
school or a school | ||||||
25 | related activity when persons under the age of 18 are
present |
| |||||||
| |||||||
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 sex | ||||||
17 | offender will be present. Notification includes the
nature of | ||||||
18 | 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 she | ||||||
21 | 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 |
| |||||||
| |||||||
1 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
2 | a school to transport students to or from school or a school | ||||||
3 | related activity when one or more persons under the age of 18 | ||||||
4 | are present at the site.
| ||||||
5 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
6 | be present in any
public park building or on real property | ||||||
7 | comprising any public park
when persons under the age of
18 are
| ||||||
8 | present in the building or on the grounds
and to approach, | ||||||
9 | contact, or communicate with a child under 18 years of
age,
| ||||||
10 | unless the
offender
is a parent or guardian of a person under | ||||||
11 | 18 years of age present in the
building or on the
grounds. | ||||||
12 | (b) It is unlawful for a child sex offender to knowingly | ||||||
13 | loiter within 500 feet of a school building or real property | ||||||
14 | comprising any school
while persons under the age of 18 are | ||||||
15 | present in the building or on the
grounds,
unless the offender | ||||||
16 | is a parent or guardian of a student attending the school and | ||||||
17 | the parent or guardian is: (i) attending a conference at the | ||||||
18 | school with school personnel to discuss the progress of his or | ||||||
19 | her child academically or socially, (ii) participating in child | ||||||
20 | review conferences in which evaluation and placement decisions | ||||||
21 | may be made with respect to his or her child regarding special | ||||||
22 | education services, or (iii) attending conferences to discuss | ||||||
23 | other student issues concerning his or her child such as | ||||||
24 | retention and promotion and notifies the principal of the | ||||||
25 | school of his or her presence at the school or has permission | ||||||
26 | to be present from the
superintendent or the school board or in |
| |||||||
| |||||||
1 | the case of a private school from the
principal. In the case of | ||||||
2 | a public school, if permission is granted, the
superintendent | ||||||
3 | or school board president must inform the principal of the
| ||||||
4 | school where the sex offender will be present. Notification | ||||||
5 | includes the
nature of the sex offender's visit and the hours | ||||||
6 | in which the sex offender will
be present in the school. The | ||||||
7 | sex offender is responsible for notifying the
principal's | ||||||
8 | office when he or she arrives on school property and when he or | ||||||
9 | she
departs from school property. If the sex offender is to be | ||||||
10 | present in the
vicinity of children, the sex offender has the | ||||||
11 | duty to remain under the direct
supervision of a school | ||||||
12 | official.
| ||||||
13 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
14 | loiter on a public
way within 500 feet of a public park | ||||||
15 | building or real property comprising any
public park
while | ||||||
16 | persons under the age of 18 are present in the building or on | ||||||
17 | the
grounds
and to approach, contact, or communicate with a | ||||||
18 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
19 | guardian of a person under 18 years of age present in the
| ||||||
20 | building or on the grounds. | ||||||
21 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
22 | reside within
500 feet of a school building or the real | ||||||
23 | property comprising any school that
persons under the age of 18 | ||||||
24 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
25 | offender from residing within 500 feet of a school building or | ||||||
26 | the
real property comprising any school that persons under 18 |
| |||||||
| |||||||
1 | attend if the
property is owned by the child sex offender and | ||||||
2 | was purchased before July 7, 2000 (the
effective date of Public | ||||||
3 | Act 91-911).
| ||||||
4 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
5 | reside within
500 feet of a playground, child care institution, | ||||||
6 | day care center, part day child care facility, day care home, | ||||||
7 | group day care home, or a facility providing programs or | ||||||
8 | services
exclusively directed toward persons under 18 years of | ||||||
9 | age. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
10 | offender from residing within 500 feet
of a playground or a | ||||||
11 | facility providing programs or services exclusively
directed | ||||||
12 | toward persons under 18 years of age if the property is owned | ||||||
13 | by the
child sex offender and was purchased before July 7, | ||||||
14 | 2000. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
15 | offender from residing within 500 feet
of a child care | ||||||
16 | institution, day care center, or part day child care facility | ||||||
17 | if the property is owned by the
child sex offender and was | ||||||
18 | purchased before June 26, 2006. Nothing in this subsection | ||||||
19 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
20 | feet of a day care home or group day care home if the property | ||||||
21 | is owned by the child sex offender and was purchased before | ||||||
22 | August 14, 2008 (the effective date of Public Act 95-821). | ||||||
23 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
24 | reside within
500 feet of the victim of the sex offense. | ||||||
25 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
26 | offender from residing within 500 feet
of the victim if the |
| |||||||
| |||||||
1 | property in which the child sex offender resides is owned by | ||||||
2 | the
child sex offender and was purchased before August 22, | ||||||
3 | 2002. | ||||||
4 | This subsection (b-15) does not apply if the victim of the | ||||||
5 | sex offense
is 21 years of age or older. | ||||||
6 | (b-20) It is unlawful for a child sex offender to knowingly | ||||||
7 | communicate, other than for a lawful purpose under Illinois | ||||||
8 | law, using the Internet or any other digital media, with a | ||||||
9 | person under 18 years of age or with a person whom he or she | ||||||
10 | believes to be a person under 18 years of age,
unless the | ||||||
11 | offender
is a parent or guardian of the person under 18 years | ||||||
12 | of age. | ||||||
13 | (c) It is unlawful for a child sex offender to knowingly | ||||||
14 | operate, manage,
be employed by, volunteer at, be associated | ||||||
15 | with, or knowingly be present at
any: (i) facility providing
| ||||||
16 | programs or services exclusively directed toward persons under | ||||||
17 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
18 | facility; (iv) child care institution; (v) school providing | ||||||
19 | before and after school programs for children under 18 years of | ||||||
20 | age; (vi) day care home; or (vii) group day care home.
This | ||||||
21 | does not prohibit a child sex offender from owning the real | ||||||
22 | property upon
which the programs or services are offered or | ||||||
23 | upon which the day care center, part day child care facility, | ||||||
24 | child care institution, or school providing before and after | ||||||
25 | school programs for children under 18 years of age is located, | ||||||
26 | provided the child sex offender
refrains from being present on |
| |||||||
| |||||||
1 | the premises for the hours during which: (1) the
programs or | ||||||
2 | services are being offered or (2) the day care center, part day | ||||||
3 | child care facility, child care institution, or school | ||||||
4 | providing before and after school programs for children under | ||||||
5 | 18 years of age, day care home, or group day care home is | ||||||
6 | operated. | ||||||
7 | (c-2) It is unlawful for a child sex offender to | ||||||
8 | participate in a holiday event involving children under 18 | ||||||
9 | years of age, including but not limited to distributing candy | ||||||
10 | or other items to children on Halloween, wearing a Santa Claus | ||||||
11 | costume on or preceding Christmas, being employed as a | ||||||
12 | department store Santa Claus, or wearing an Easter Bunny | ||||||
13 | costume on or preceding Easter. For the purposes of this | ||||||
14 | subsection, child sex offender has the meaning as defined in | ||||||
15 | this Section, but does not include as a sex offense under | ||||||
16 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
17 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
18 | subsection does not apply to a child sex offender who is a | ||||||
19 | parent or guardian of children under 18 years of age that are | ||||||
20 | present in the home and other non-familial minors are not | ||||||
21 | present. | ||||||
22 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
23 | operate, manage, be employed by, or be associated with any | ||||||
24 | county fair when persons under the age of 18 are present. | ||||||
25 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
26 | resides at residential real estate to knowingly rent any |
| |||||||
| |||||||
1 | residential unit within the same building in which he or she | ||||||
2 | resides to a person who is the parent or guardian of a child or | ||||||
3 | children under 18 years of age. This subsection shall apply | ||||||
4 | only to leases or other rental arrangements entered into after | ||||||
5 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
6 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
7 | offer or provide any programs or services to persons under 18 | ||||||
8 | years of age in his or her residence or the residence of | ||||||
9 | another or in any facility for the purpose of offering or | ||||||
10 | providing such programs or services, whether such programs or | ||||||
11 | services are offered or provided by contract, agreement, | ||||||
12 | arrangement, or on a volunteer basis. | ||||||
13 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
14 | operate, whether authorized to do so or not, any of the | ||||||
15 | following vehicles: (1) a vehicle which is specifically | ||||||
16 | designed, constructed or modified and equipped to be used for | ||||||
17 | the retail sale of food or beverages, including but not limited | ||||||
18 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
19 | (3) a rescue vehicle. | ||||||
20 | (d) Definitions. In this Section:
| ||||||
21 | (1) "Child sex offender" means any person who:
| ||||||
22 | (i) has been charged under Illinois law, or any | ||||||
23 | substantially similar
federal law
or law of another | ||||||
24 | state, with a sex offense set forth in
paragraph (2) of | ||||||
25 | this subsection (d) or the attempt to commit an | ||||||
26 | included sex
offense, and the victim is a person under |
| |||||||
| |||||||
1 | 18 years of age at the time of the offense; and:
| ||||||
2 | (A) is convicted of such offense or an attempt | ||||||
3 | to commit such offense;
or
| ||||||
4 | (B) is found not guilty by reason of insanity | ||||||
5 | of such offense or an
attempt to commit such | ||||||
6 | offense; or
| ||||||
7 | (C) is found not guilty by reason of insanity | ||||||
8 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
9 | Code of Criminal Procedure of 1963 of such offense
| ||||||
10 | or an attempt to commit such offense; or
| ||||||
11 | (D) is the subject of a finding not resulting | ||||||
12 | in an acquittal at a
hearing conducted pursuant to | ||||||
13 | subsection (a) of Section 104-25 of the Code of
| ||||||
14 | Criminal Procedure of 1963 for the alleged | ||||||
15 | commission or attempted commission
of such | ||||||
16 | offense; or
| ||||||
17 | (E) is found not guilty by reason of insanity | ||||||
18 | following a hearing
conducted pursuant to a | ||||||
19 | federal law or the law of another state | ||||||
20 | substantially
similar to subsection (c) of Section | ||||||
21 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
22 | such offense or of the attempted commission of such | ||||||
23 | offense; or
| ||||||
24 | (F) is the subject of a finding not resulting | ||||||
25 | in an acquittal at a
hearing
conducted pursuant to | ||||||
26 | a federal law or the law of another state |
| |||||||
| |||||||
1 | substantially
similar to subsection (a) of Section | ||||||
2 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
3 | for the alleged violation or attempted commission | ||||||
4 | of such offense; or
| ||||||
5 | (ii) is certified as a sexually dangerous person | ||||||
6 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
7 | Act, or any substantially similar federal
law or the | ||||||
8 | law of another state, when any conduct giving rise to | ||||||
9 | such
certification is committed or attempted against a | ||||||
10 | person less than 18 years of
age; or
| ||||||
11 | (iii) is subject to the provisions of Section 2 of | ||||||
12 | the Interstate
Agreements on Sexually Dangerous | ||||||
13 | Persons Act.
| ||||||
14 | Convictions that result from or are connected with the | ||||||
15 | same act, or result
from offenses committed at the same | ||||||
16 | time, shall be counted for the purpose of
this Section as | ||||||
17 | one conviction. Any conviction set aside pursuant to law is
| ||||||
18 | not a conviction for purposes of this Section.
| ||||||
19 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
20 | "sex offense"
means:
| ||||||
21 | (i) A violation of any of the following Sections of | ||||||
22 | the Criminal Code of
1961 or the Criminal Code of 2012 : | ||||||
23 | 10-4 (forcible detention), 10-7 (aiding or abetting | ||||||
24 | child abduction under Section 10-5(b)(10)),
| ||||||
25 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
26 | criminal sexual assault of a child), 11-6 (indecent |
| |||||||
| |||||||
1 | solicitation of a child), 11-6.5
(indecent | ||||||
2 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
3 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
4 | 11-9.5 (sexual misconduct with a person with a | ||||||
5 | disability), 11-11 (sexual relations within families), | ||||||
6 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
7 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
8 | prostitution by profiting from prostitution by | ||||||
9 | compelling a person to be a prostitute), | ||||||
10 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
11 | from prostitution by means other than as described in | ||||||
12 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
13 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
14 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
15 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
16 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
17 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
18 | to meet a minor), 12-33 (ritualized abuse of a
child), | ||||||
19 | 11-20 (obscenity) (when that offense was committed in | ||||||
20 | any school, on
real property comprising any school, in | ||||||
21 | any conveyance owned,
leased, or contracted by a school | ||||||
22 | to transport students to or from school or a
school | ||||||
23 | related activity, or in a public park), 11-30 (public | ||||||
24 | indecency) (when committed in a school, on real | ||||||
25 | property
comprising a school, in any conveyance owned, | ||||||
26 | leased, or contracted by a
school to transport students |
| |||||||
| |||||||
1 | to or from school or a school related activity, or in a | ||||||
2 | public park). An attempt to commit any of these | ||||||
3 | offenses.
| ||||||
4 | (ii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
6 | 2012 , when the victim is a person under 18 years of | ||||||
7 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
8 | (aggravated criminal sexual assault), 11-1.50 | ||||||
9 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
10 | sexual abuse). An attempt to commit
any of these | ||||||
11 | offenses.
| ||||||
12 | (iii) A violation of any of the following Sections | ||||||
13 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
14 | 2012 , when the victim is a person under 18 years of age | ||||||
15 | and the defendant is
not a parent of the victim:
| ||||||
16 | 10-1 (kidnapping),
| ||||||
17 | 10-2 (aggravated kidnapping),
| ||||||
18 | 10-3 (unlawful restraint),
| ||||||
19 | 10-3.1 (aggravated unlawful restraint),
| ||||||
20 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
21 | An attempt to commit any of these offenses.
| ||||||
22 | (iv) A violation of any former law of this State | ||||||
23 | substantially
equivalent to any offense listed in | ||||||
24 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
25 | Section.
| ||||||
26 | (2.5) For the purposes of subsections (b-5) and (b-10) |
| |||||||
| |||||||
1 | only, a sex offense means:
| ||||||
2 | (i) A violation of any of the following Sections of | ||||||
3 | the Criminal Code of
1961 or the Criminal Code of 2012 :
| ||||||
4 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
5 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
6 | 11-1.40 (predatory criminal sexual assault of a | ||||||
7 | child), 11-6 (indecent solicitation of
a
child), | ||||||
8 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
9 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
10 | misconduct with a person with a disability), 11-11 | ||||||
11 | (sexual relations within families), 11-14.3(a)(1) | ||||||
12 | (promoting prostitution by advancing prostitution), | ||||||
13 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
14 | from prostitution by compelling a person to be a | ||||||
15 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
16 | by profiting from prostitution by means other than as | ||||||
17 | described in subparagraphs (A) and (B) of paragraph (2) | ||||||
18 | of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
19 | (promoting juvenile prostitution), 11-18.1
| ||||||
20 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
21 | pornography), 11-20.1B (aggravated child pornography), | ||||||
22 | 11-25 (grooming), 11-26 (traveling to meet a minor), or | ||||||
23 | 12-33 (ritualized abuse of a
child). An attempt
to | ||||||
24 | commit any of
these offenses.
| ||||||
25 | (ii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code
of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012 , when the victim is a person under 18 years of | ||||||
2 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
3 | (aggravated criminal sexual assault), 11-1.60
| ||||||
4 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
5 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
6 | to commit
any of these offenses.
| ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
9 | 2012 , when the victim is a person under 18 years of age | ||||||
10 | and the defendant is
not a parent of the victim:
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint),
| ||||||
15 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
16 | An attempt to commit any of these offenses.
| ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially
equivalent to any offense listed in this | ||||||
19 | paragraph (2.5) of
this subsection.
| ||||||
20 | (3) A conviction for an offense of federal law or the | ||||||
21 | law of another state
that is substantially equivalent to | ||||||
22 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
23 | this Section shall constitute a conviction for the purpose | ||||||
24 | of
this Section. A finding or adjudication as a sexually | ||||||
25 | dangerous person under
any federal law or law of another | ||||||
26 | state that is substantially equivalent to the
Sexually |
| |||||||
| |||||||
1 | Dangerous Persons Act shall constitute an adjudication for | ||||||
2 | the
purposes of this Section.
| ||||||
3 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
4 | and "vehicle" have the meanings ascribed to them in | ||||||
5 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (5) "Child care institution" has the meaning ascribed | ||||||
8 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
9 | (6) "Day care center" has the meaning ascribed to it in | ||||||
10 | Section 2.09 of the Child Care Act of 1969. | ||||||
11 | (7) "Day care home" has the meaning ascribed to it in | ||||||
12 | Section 2.18 of the Child Care Act of 1969. | ||||||
13 | (8) "Facility providing programs or services directed | ||||||
14 | towards persons under the age of 18" means any facility | ||||||
15 | providing programs or services exclusively directed | ||||||
16 | towards persons under the age of 18. | ||||||
17 | (9) "Group day care home" has the meaning ascribed to | ||||||
18 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
19 | (10) "Internet" has the meaning set forth in Section | ||||||
20 | 16-0.1 16J-5 of this Code.
| ||||||
21 | (11) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle, or
remaining in or around | ||||||
24 | school or public park property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle,
or remaining in or around |
| |||||||
| |||||||
1 | school or public park property, for the purpose of | ||||||
2 | committing or
attempting to commit a sex offense.
| ||||||
3 | (iii) Entering or remaining in a building in or | ||||||
4 | around school property, other than the offender's | ||||||
5 | residence. | ||||||
6 | (12) "Part day child care facility" has the meaning | ||||||
7 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
8 | 1969. | ||||||
9 | (13) "Playground" means a piece of land owned or | ||||||
10 | controlled by a unit
of
local government that is designated | ||||||
11 | by the unit of local government for use
solely or primarily | ||||||
12 | for children's recreation. | ||||||
13 | (14) "Public park" includes a park, forest preserve, | ||||||
14 | bikeway, trail, or
conservation
area
under the | ||||||
15 | jurisdiction of the State or a unit of local government. | ||||||
16 | (15) "School" means a public or private preschool or | ||||||
17 | elementary or secondary school.
| ||||||
18 | (16) "School official"
means the principal, a teacher, | ||||||
19 | or any other certified employee of the
school, the | ||||||
20 | superintendent of schools or a member of the school board.
| ||||||
21 | (e) For the purposes of this Section, the 500 feet distance | ||||||
22 | shall be measured from: (1) the edge of the property of the | ||||||
23 | school building or the real property comprising the school that | ||||||
24 | is closest to the edge of the property of the child sex | ||||||
25 | offender's residence or where he or she is loitering, and (2) | ||||||
26 | the edge of the property comprising the public park building or |
| |||||||
| |||||||
1 | the real property comprising the public park, playground, child | ||||||
2 | care institution, day care center, part day child care | ||||||
3 | facility, or facility providing programs or services | ||||||
4 | exclusively directed toward persons under 18 years of age, or a | ||||||
5 | victim of the sex offense who is under 21 years of age, to the | ||||||
6 | edge of the child sex offender's place of residence or place | ||||||
7 | where he or she is loitering.
| ||||||
8 | (f) Sentence. A person who violates this Section is guilty | ||||||
9 | of a Class 4
felony.
| ||||||
10 | (Source: P.A. 96-328, eff. 8-11-09; 96-710, eff. 1-1-10; | ||||||
11 | 96-1551, eff. 7-1-11; 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | ||||||
12 | revised 7-10-12.)
| ||||||
13 | (720 ILCS 5/11-23)
| ||||||
14 | Sec. 11-23. Posting of identifying or graphic information | ||||||
15 | on a pornographic
Internet site or possessing graphic | ||||||
16 | information with pornographic material. | ||||||
17 | (a) A person at least 17 years of age who knowingly | ||||||
18 | discloses on an adult obscenity or
child
pornography Internet | ||||||
19 | site the name, address, telephone number, or e-mail
address of | ||||||
20 | a person
under 17 years of age at the time of the commission of
| ||||||
21 | the offense or of a person at least 17 years of age without the | ||||||
22 | consent of
the person at least 17 years of age is guilty of | ||||||
23 | posting of
identifying information on a pornographic Internet | ||||||
24 | site.
| ||||||
25 | (a-5) Any person who knowingly places, posts, reproduces, |
| |||||||
| |||||||
1 | or maintains on an adult obscenity or child pornography | ||||||
2 | Internet site a photograph, video, or digital image of a person | ||||||
3 | under 18 years of age that is not child pornography under | ||||||
4 | Section 11-20.1, without the knowledge and consent of the | ||||||
5 | person under 18 years of age, is guilty of posting of graphic | ||||||
6 | information on a pornographic Internet site. This provision | ||||||
7 | applies even if the person under 18 years of age is fully or | ||||||
8 | properly clothed in the photograph, video, or digital image. | ||||||
9 | (a-10) Any person who knowingly places, posts, reproduces, | ||||||
10 | or maintains on an adult obscenity or child pornography | ||||||
11 | Internet site, or possesses with obscene or child pornographic | ||||||
12 | material a photograph, video, or digital image of a person | ||||||
13 | under 18 years of age in which the child is posed in a | ||||||
14 | suggestive manner with the focus or concentration of the image | ||||||
15 | on the child's clothed genitals, clothed pubic area, clothed | ||||||
16 | buttocks area, or if the child is female, the breast exposed | ||||||
17 | through transparent clothing, and the photograph, video, or | ||||||
18 | digital image is not child pornography under Section 11-20.1, | ||||||
19 | is guilty of posting of graphic information on a pornographic | ||||||
20 | Internet site or possessing graphic information with | ||||||
21 | pornographic material. | ||||||
22 | (b) Sentence. A person who violates subsection (a) of this | ||||||
23 | Section is guilty of a Class 4
felony if the victim is at least | ||||||
24 | 17 years of age at the time of the offense and
a
Class 3 felony | ||||||
25 | if the victim is under 17 years of age at the time of the
| ||||||
26 | offense. A person who violates subsection (a-5) of this Section |
| |||||||
| |||||||
1 | is guilty of a Class 4 felony. A person who violates subsection | ||||||
2 | (a-10) of this Section is guilty of a Class 3 felony.
| ||||||
3 | (c) Definitions. For purposes of this Section:
| ||||||
4 | (1) "Adult obscenity or child pornography Internet | ||||||
5 | site" means a site on
the Internet that contains material | ||||||
6 | that is obscene as defined in Section 11-20
of this Code or
| ||||||
7 | that is child pornography as defined in Section 11-20.1 of | ||||||
8 | this Code.
| ||||||
9 | (2) "Internet" has the meaning set forth in Section | ||||||
10 | 16-0.1 16J-5 of this Code.
| ||||||
11 | (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11 .)
| ||||||
12 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||||
13 | Sec. 16-1. Theft.
| ||||||
14 | (a) A person commits theft when he or she knowingly:
| ||||||
15 | (1) Obtains or exerts unauthorized control over | ||||||
16 | property of the
owner; or
| ||||||
17 | (2) Obtains by deception control over property of the | ||||||
18 | owner; or
| ||||||
19 | (3) Obtains by threat control over property of the | ||||||
20 | owner; or
| ||||||
21 | (4) Obtains control over stolen property knowing the | ||||||
22 | property to
have been stolen or under such circumstances as | ||||||
23 | would
reasonably induce him or her to believe that the | ||||||
24 | property was stolen; or
| ||||||
25 | (5) Obtains or exerts control over property in the |
| |||||||
| |||||||
1 | custody of any law
enforcement agency which any law | ||||||
2 | enforcement officer or any individual acting in behalf of a | ||||||
3 | law enforcement agency explicitly represents to the person | ||||||
4 | as being stolen or represents to the person such | ||||||
5 | circumstances as would reasonably induce the person to | ||||||
6 | believe that the property was stolen, and
| ||||||
7 | (A) Intends to deprive the owner permanently of the | ||||||
8 | use or
benefit of the property; or
| ||||||
9 | (B) Knowingly uses, conceals or abandons the | ||||||
10 | property in such
manner as to deprive the owner | ||||||
11 | permanently of such use or benefit; or
| ||||||
12 | (C) Uses, conceals, or abandons the property | ||||||
13 | knowing such use,
concealment or abandonment probably | ||||||
14 | will deprive the owner permanently
of such use or | ||||||
15 | benefit.
| ||||||
16 | (b) Sentence.
| ||||||
17 | (1) Theft of property not from the person and
not | ||||||
18 | exceeding $500 in value is a Class A misdemeanor.
| ||||||
19 | (1.1) Theft of property not from the person and
not | ||||||
20 | exceeding $500 in value is a Class 4 felony if the theft | ||||||
21 | was committed in a
school or place of worship or if the | ||||||
22 | theft was of governmental property.
| ||||||
23 | (2) A person who has been convicted of theft of | ||||||
24 | property not from the
person and not exceeding
$500 in | ||||||
25 | value who has been
previously convicted of any type of | ||||||
26 | theft, robbery, armed robbery,
burglary, residential |
| |||||||
| |||||||
1 | burglary, possession of burglary tools, home
invasion, | ||||||
2 | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
3 | 4-103.3
of the Illinois Vehicle Code relating to the | ||||||
4 | possession of a stolen or
converted motor vehicle, or a | ||||||
5 | violation of Section 17-36 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, or Section 8 of the Illinois | ||||||
7 | Credit
Card and Debit Card Act is guilty of a Class 4 | ||||||
8 | felony.
| ||||||
9 | (3) (Blank).
| ||||||
10 | (4) Theft of property from the person not exceeding | ||||||
11 | $500 in value, or
theft of
property exceeding $500 and not | ||||||
12 | exceeding $10,000 in value, is a
Class 3 felony.
| ||||||
13 | (4.1) Theft of property from the person not exceeding | ||||||
14 | $500 in value, or
theft of property exceeding $500 and not | ||||||
15 | exceeding $10,000 in value, is a Class
2 felony if the | ||||||
16 | theft was committed in a school or place of worship or if | ||||||
17 | the theft was of governmental property.
| ||||||
18 | (5) Theft of property exceeding $10,000 and not | ||||||
19 | exceeding
$100,000 in value is a Class 2 felony.
| ||||||
20 | (5.1) Theft of property exceeding $10,000 and not | ||||||
21 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
22 | theft was committed in a school or place of worship or if | ||||||
23 | the theft was of governmental property.
| ||||||
24 | (6) Theft of property exceeding $100,000 and not | ||||||
25 | exceeding $500,000 in
value is a Class 1 felony.
| ||||||
26 | (6.1) Theft of property exceeding $100,000 in value is |
| |||||||
| |||||||
1 | a Class X felony
if the theft was committed in a school or | ||||||
2 | place of worship or if the theft was of governmental | ||||||
3 | property.
| ||||||
4 | (6.2) Theft of property exceeding $500,000 and not | ||||||
5 | exceeding $1,000,000 in value is a Class 1
| ||||||
6 | non-probationable
felony.
| ||||||
7 | (6.3) Theft of property exceeding $1,000,000 in value | ||||||
8 | is a Class X felony.
| ||||||
9 | (7) Theft by deception, as described by paragraph (2) | ||||||
10 | of
subsection (a) of
this Section, in which the offender | ||||||
11 | obtained money or property valued at
$5,000 or more from a | ||||||
12 | victim 60 years of age or older is a Class 2 felony.
| ||||||
13 | (8) Theft by deception, as described by paragraph (2) | ||||||
14 | of
subsection (a) of
this Section, in which the offender | ||||||
15 | falsely poses as a landlord or agent or employee of the | ||||||
16 | landlord and obtains a rent payment or a security deposit | ||||||
17 | from a tenant is a Class 3 felony if the rent payment or | ||||||
18 | security deposit obtained does not exceed $500. | ||||||
19 | (9) Theft by deception, as described by paragraph (2) | ||||||
20 | of
subsection (a) of
this Section, in which the offender | ||||||
21 | falsely poses as a landlord or agent or employee of the | ||||||
22 | landlord and obtains a rent payment or a security deposit | ||||||
23 | from a tenant is a Class 2 felony if the rent payment or | ||||||
24 | security deposit obtained exceeds $500 and does not exceed | ||||||
25 | $10,000. | ||||||
26 | (10) Theft by deception, as described by paragraph (2) |
| |||||||
| |||||||
1 | of
subsection (a) of
this Section, in which the offender | ||||||
2 | falsely poses as a landlord or agent or employee of the | ||||||
3 | landlord and obtains a rent payment or a security deposit | ||||||
4 | from a tenant is a Class 1 felony if the rent payment or | ||||||
5 | security deposit obtained exceeds $10,000 and does not | ||||||
6 | exceed $100,000. | ||||||
7 | (11) Theft by deception, as described by paragraph (2) | ||||||
8 | of
subsection (a) of
this Section, in which the offender | ||||||
9 | falsely poses as a landlord or agent or employee of the | ||||||
10 | landlord and obtains a rent payment or a security deposit | ||||||
11 | from a tenant is a Class X felony if the rent payment or | ||||||
12 | security deposit obtained exceeds $100,000. | ||||||
13 | (c) When a charge of theft of property exceeding a | ||||||
14 | specified value
is brought, the value of the property involved | ||||||
15 | is an element of the offense
to be resolved by the trier of | ||||||
16 | fact as either exceeding or not exceeding
the specified value.
| ||||||
17 | (d) Theft by lessee; permissive inference. The trier of | ||||||
18 | fact may infer evidence that a person intends to deprive the | ||||||
19 | owner permanently of the use or benefit of the property (1) if | ||||||
20 | a
lessee of the personal property of another fails to return it | ||||||
21 | to the
owner within 10 days after written demand from the owner | ||||||
22 | for its
return or (2) if a lessee of the personal property of | ||||||
23 | another fails to return
it to the owner within 24 hours after | ||||||
24 | written demand from the owner for its
return and the lessee had | ||||||
25 | presented identification to the owner that contained
a | ||||||
26 | materially fictitious name, address, or telephone number. A |
| |||||||
| |||||||
1 | notice in
writing, given after the expiration of the leasing | ||||||
2 | agreement, addressed and
mailed, by registered mail, to the | ||||||
3 | lessee at the address given by him and shown
on the leasing | ||||||
4 | agreement shall constitute proper demand. | ||||||
5 | (e) Permissive inference; evidence of intent that a person | ||||||
6 | obtains by deception control over property. The trier of fact | ||||||
7 | may infer that a person
"knowingly obtains by deception control | ||||||
8 | over property of the owner" when he or she
fails to return, | ||||||
9 | within 45 days after written demand from the owner, the
| ||||||
10 | downpayment and any additional payments accepted under a | ||||||
11 | promise, oral or
in writing, to perform services for the owner | ||||||
12 | for consideration of $3,000
or more, and the promisor knowingly | ||||||
13 | without good cause failed to
substantially perform pursuant to | ||||||
14 | the agreement after taking a down payment
of 10% or more of the | ||||||
15 | agreed upon consideration.
This provision shall not apply where | ||||||
16 | the owner initiated the suspension of
performance under the | ||||||
17 | agreement, or where the promisor responds to the
notice within | ||||||
18 | the 45-day notice period. A notice in writing, addressed and
| ||||||
19 | mailed, by registered mail, to the promisor at the last known | ||||||
20 | address of
the promisor, shall constitute proper demand. | ||||||
21 | (f) Offender's interest in the property. | ||||||
22 | (1) It is no defense to a charge of theft of property | ||||||
23 | that the offender
has an interest therein, when the owner | ||||||
24 | also has an interest to which the
offender is not entitled. | ||||||
25 | (2) Where the property involved is that of the | ||||||
26 | offender's spouse, no
prosecution for theft may be |
| |||||||
| |||||||
1 | maintained unless the parties were not living
together as | ||||||
2 | man and wife and were living in separate abodes at the time | ||||||
3 | of
the alleged theft. | ||||||
4 | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||||||
5 | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | ||||||
6 | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.) | ||||||
7 | (720 ILCS 5/17-10.5)
| ||||||
8 | Sec. 17-10.5. Insurance fraud. | ||||||
9 | (a) Insurance fraud. | ||||||
10 | (1) A person commits insurance fraud when he or she | ||||||
11 | knowingly
obtains, attempts to obtain, or causes to be
| ||||||
12 | obtained, by deception, control over the property of an | ||||||
13 | insurance
company or self-insured entity by
the making of a | ||||||
14 | false claim or by causing a false claim to be made on any
| ||||||
15 | policy of insurance issued by an insurance
company or by | ||||||
16 | the making of a false claim or by causing a false claim to | ||||||
17 | be made to a self-insured entity,
intending to deprive an | ||||||
18 | insurance
company or self-insured entity permanently of | ||||||
19 | the use and
benefit of that property. | ||||||
20 | (2) A person commits health care benefits fraud against | ||||||
21 | a provider, other than a governmental unit or agency, when | ||||||
22 | he or she knowingly obtains or attempts to obtain, by | ||||||
23 | deception, health care benefits and that obtaining or | ||||||
24 | attempt to obtain health care benefits does not involve | ||||||
25 | control over property of the provider. |
| |||||||
| |||||||
1 | (b) Aggravated insurance fraud. | ||||||
2 | (1) A person commits aggravated insurance fraud on a | ||||||
3 | private entity when he or she commits insurance fraud 3 or | ||||||
4 | more times within an 18-month period arising out of | ||||||
5 | separate incidents or transactions. | ||||||
6 | (2) A person commits being an organizer of an | ||||||
7 | aggravated insurance fraud on a private entity conspiracy | ||||||
8 | if aggravated insurance fraud on a private entity forms the | ||||||
9 | basis for a charge of conspiracy under Section 8-2 of this | ||||||
10 | Code and the person occupies a position of organizer, | ||||||
11 | supervisor, financer, or other position of management | ||||||
12 | within the conspiracy. | ||||||
13 | (c) Conspiracy to commit insurance fraud. If aggravated | ||||||
14 | insurance fraud on a private entity forms the basis for charges | ||||||
15 | of conspiracy under Section 8-2 of this Code, the person or | ||||||
16 | persons with whom the accused is alleged to have agreed to | ||||||
17 | commit the 3 or more violations of this Section need not be the | ||||||
18 | same person or persons for each violation, as long as the | ||||||
19 | accused was a part of the common scheme or plan to engage in | ||||||
20 | each of the 3 or more alleged violations. | ||||||
21 | If aggravated insurance fraud on a private entity forms the | ||||||
22 | basis for a charge of conspiracy under Section 8-2 of this | ||||||
23 | Code, and the accused occupies a position of organizer, | ||||||
24 | supervisor, financer, or other position of management within | ||||||
25 | the conspiracy, the person or persons with whom the accused is | ||||||
26 | alleged to have agreed to commit the 3 or more violations of |
| |||||||
| |||||||
1 | this Section need not be the same person or persons for each | ||||||
2 | violation as long as the accused occupied a position of | ||||||
3 | organizer, supervisor, financer, or other position of | ||||||
4 | management in each of the 3 or more alleged violations. | ||||||
5 | (d) Sentence. | ||||||
6 | (1) A violation of paragraph (a)(1) in which the value | ||||||
7 | of the property
obtained, attempted to be obtained, or | ||||||
8 | caused to be obtained is $300 or less is a Class A | ||||||
9 | misdemeanor. | ||||||
10 | (2) A violation of paragraph (a)(1) in which the value | ||||||
11 | of the property
obtained, attempted to be obtained, or | ||||||
12 | caused to be obtained is more than $300 but not more than
| ||||||
13 | $10,000 is a Class 3 felony. | ||||||
14 | (3) A violation of paragraph (a)(1) in which the value | ||||||
15 | of the property
obtained, attempted to be obtained, or | ||||||
16 | caused to be obtained is more than $10,000 but not more | ||||||
17 | than
$100,000 is a Class 2 felony. | ||||||
18 | (4) A violation of paragraph (a)(1) in which the value | ||||||
19 | of the property
obtained, attempted to be obtained, or | ||||||
20 | caused to be obtained is more than $100,000 is a Class 1 | ||||||
21 | felony. | ||||||
22 | (5) A violation of paragraph (a)(2) is a Class A | ||||||
23 | misdemeanor. | ||||||
24 | (6) A violation of paragraph (b)(1) is a Class 1 | ||||||
25 | felony, regardless of the value of the property obtained, | ||||||
26 | attempted to be obtained, or caused to be obtained. |
| |||||||
| |||||||
1 | (7) A violation of paragraph (b)(2) is a Class X | ||||||
2 | felony. | ||||||
3 | (8) A person convicted of insurance fraud, vendor | ||||||
4 | fraud, or a federal criminal violation associated with | ||||||
5 | defrauding the Medicaid program shall be ordered to pay
| ||||||
6 | monetary
restitution to the insurance company or | ||||||
7 | self-insured entity or any other person for any
financial | ||||||
8 | loss
sustained as a result of a violation of this Section, | ||||||
9 | including any court costs
and attorney's
fees. An order of | ||||||
10 | restitution shall include expenses incurred and paid by the | ||||||
11 | State of Illinois or
an insurance company or self-insured | ||||||
12 | entity
in connection with any medical evaluation or | ||||||
13 | treatment services. | ||||||
14 | (9) Notwithstanding Section 8-5 of this Code, a person | ||||||
15 | may be convicted and sentenced both for the offense of | ||||||
16 | conspiracy to commit insurance fraud or the offense of | ||||||
17 | being an organizer of an aggravated insurance fraud | ||||||
18 | conspiracy and for any other offense that is the object of | ||||||
19 | the conspiracy. | ||||||
20 | (e) Civil damages for insurance fraud. | ||||||
21 | (1) A person who knowingly obtains, attempts to obtain, | ||||||
22 | or causes to be
obtained, by deception, control over the | ||||||
23 | property of any insurance company by
the making of a false | ||||||
24 | claim or by causing a false claim to be made on a
policy of | ||||||
25 | insurance issued by an insurance
company, or by the making | ||||||
26 | of a false claim or by causing a false claim to be
made to a |
| |||||||
| |||||||
1 | self-insured entity,
intending to deprive an insurance | ||||||
2 | company
or self-insured entity permanently of the use and
| ||||||
3 | benefit of that property, shall be civilly liable to the | ||||||
4 | insurance company or
self-insured entity that
paid the | ||||||
5 | claim or against whom the claim was made or to the subrogee | ||||||
6 | of that
insurance company or self-insured entity in an | ||||||
7 | amount equal to either 3
times the value of the property
| ||||||
8 | wrongfully obtained or, if no property was wrongfully | ||||||
9 | obtained, twice the
value of the property attempted to be
| ||||||
10 | obtained, whichever amount is greater, plus reasonable | ||||||
11 | attorney's fees. | ||||||
12 | (2) An insurance company or self-insured entity that | ||||||
13 | brings an action
against a person under
paragraph (1) of | ||||||
14 | this subsection in bad faith shall be liable to that person | ||||||
15 | for
twice the value of the property claimed, plus | ||||||
16 | reasonable attorney's fees. In
determining whether an | ||||||
17 | insurance company or self-insured entity acted in
bad | ||||||
18 | faith, the court shall
relax the rules of evidence to allow | ||||||
19 | for the introduction of any facts or other
information on | ||||||
20 | which the insurance company or self-insured entity may have
| ||||||
21 | relied in bringing an
action under paragraph (1) of this | ||||||
22 | subsection. | ||||||
23 | (f) Determination of property value. For the purposes of | ||||||
24 | this Section, if the exact value of the property
attempted to | ||||||
25 | be obtained is either not alleged by the claimant or not
| ||||||
26 | specifically set by the terms of a policy of insurance, the |
| |||||||
| |||||||
1 | value
of the
property shall be the fair market replacement | ||||||
2 | value of the property claimed to
be lost, the reasonable costs | ||||||
3 | of reimbursing a vendor or other claimant for
services to be | ||||||
4 | rendered, or both. | ||||||
5 | (g) Actions by State licensing agencies. | ||||||
6 | (1) All State licensing agencies, the Illinois State | ||||||
7 | Police, and
the
Department of Financial and Professional | ||||||
8 | Regulation shall coordinate enforcement efforts relating | ||||||
9 | to acts
of
insurance fraud. | ||||||
10 | (2) If a person who is licensed or registered under the | ||||||
11 | laws of the State of
Illinois to engage in a business or | ||||||
12 | profession is convicted of or pleads
guilty to engaging
in | ||||||
13 | an act of insurance fraud, the Illinois State Police must | ||||||
14 | forward
to each
State agency by which the person is | ||||||
15 | licensed or registered a copy of the
conviction or
plea and | ||||||
16 | all supporting evidence. | ||||||
17 | (3) Any agency that receives information under this | ||||||
18 | Section shall, not later
than
6 months after the date on | ||||||
19 | which it receives the information, publicly report the | ||||||
20 | final action
taken
against the convicted person, including | ||||||
21 | but not limited to the revocation or
suspension
of the | ||||||
22 | license or any other disciplinary action taken. | ||||||
23 | (h) Definitions. For the purposes of this Section, | ||||||
24 | "obtain", "obtains control", "deception", "property", and | ||||||
25 | "permanent deprivation" have the meanings ascribed to those | ||||||
26 | terms in Article 15 of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
2 | (720 ILCS 5/19-6) (was 720 ILCS 5/12-11) | ||||||
3 | Sec. 19-6. Home Invasion. | ||||||
4 | (a) A person who is not a peace officer acting
in the line | ||||||
5 | of duty commits home invasion when
without authority he or she | ||||||
6 | knowingly enters the dwelling place of another when
he or she | ||||||
7 | knows or has reason to know that one or more persons is present
| ||||||
8 | or he or she knowingly enters the dwelling place of another and | ||||||
9 | remains
in the dwelling place until he or she knows or has | ||||||
10 | reason to know that one
or more persons is present or who | ||||||
11 | falsely represents himself or herself, including but not | ||||||
12 | limited to, falsely representing himself or herself to be a | ||||||
13 | representative of any unit of government or a construction, | ||||||
14 | telecommunications, or utility company, for the purpose of | ||||||
15 | gaining entry to the dwelling place of another when he or she | ||||||
16 | knows or has reason to know that one or more persons are | ||||||
17 | present and | ||||||
18 | (1) While armed with a dangerous weapon, other than a | ||||||
19 | firearm, uses
force or threatens the
imminent
use of force | ||||||
20 | upon any person or persons within the dwelling place | ||||||
21 | whether
or not injury occurs, or | ||||||
22 | (2) Intentionally causes any injury, except as | ||||||
23 | provided in subsection
(a)(5), to any person or persons | ||||||
24 | within the dwelling place, or | ||||||
25 | (3) While armed with a firearm uses force or threatens |
| |||||||
| |||||||
1 | the imminent use of
force upon any person or persons within | ||||||
2 | the dwelling place whether or not
injury occurs, or | ||||||
3 | (4) Uses force or threatens the imminent use of force | ||||||
4 | upon any person or
persons within the dwelling place | ||||||
5 | whether or not injury occurs and during the
commission of | ||||||
6 | the offense personally discharges a firearm, or | ||||||
7 | (5) Personally discharges a firearm that proximately | ||||||
8 | causes great bodily
harm, permanent disability, permanent | ||||||
9 | disfigurement, or death to another
person within the | ||||||
10 | dwelling place, or | ||||||
11 | (6) Commits, against any person or persons within that | ||||||
12 | dwelling place, a
violation of Section 11-1.20, 11-1.30, | ||||||
13 | 11-1.40, 11-1.50, or 11-1.60 , 12-13, 12-14, 12-14.1, | ||||||
14 | 12-15, or 12-16 of this the Criminal
Code of 1961 . | ||||||
15 | (b) It is an affirmative defense to a charge of home | ||||||
16 | invasion that
the accused who knowingly enters the dwelling | ||||||
17 | place of another and remains
in the dwelling place until he or | ||||||
18 | she knows or has reason to know that one
or more persons is | ||||||
19 | present either immediately leaves the premises or
surrenders to | ||||||
20 | the person or persons lawfully present therein without either
| ||||||
21 | attempting to cause or causing serious bodily injury to any | ||||||
22 | person present
therein. | ||||||
23 | (c) Sentence. Home invasion in violation of subsection | ||||||
24 | (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of | ||||||
25 | subsection (a)(3) is a Class X felony for
which 15 years shall | ||||||
26 | be added to the term of imprisonment imposed by the
court. A |
| |||||||
| |||||||
1 | violation of subsection (a)(4) is a Class X felony for which 20 | ||||||
2 | years
shall be added to the term of imprisonment imposed by the | ||||||
3 | court. A violation of
subsection (a)(5) is a Class X felony for | ||||||
4 | which 25 years or up to a term of
natural life shall be added to | ||||||
5 | the term of imprisonment imposed by the court. | ||||||
6 | (d) For purposes of this Section, "dwelling place of | ||||||
7 | another" includes
a dwelling place where the defendant
| ||||||
8 | maintains a tenancy interest but from which the defendant has | ||||||
9 | been barred by a
divorce decree, judgment of dissolution of | ||||||
10 | marriage, order of protection, or
other court order. | ||||||
11 | (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; | ||||||
12 | 97-1108, eff. 1-1-13.) | ||||||
13 | (720 ILCS 5/26.5-5) | ||||||
14 | Sec. 26.5-5. Sentence. | ||||||
15 | (a) Except as provided in
subsection (b), a
person who | ||||||
16 | violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||||||
17 | 26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||||||
18 | Except as provided
in subsection (b), a second or subsequent
| ||||||
19 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||||||
20 | is a Class A
misdemeanor, for which the
court
shall impose a | ||||||
21 | minimum of 14 days in
jail or, if public or
community service | ||||||
22 | is established in the county in which the offender was
| ||||||
23 | convicted, 240 hours of public or community service. | ||||||
24 | (b) In any of the following circumstances, a person who | ||||||
25 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article |
| |||||||
| |||||||
1 | shall be guilty of a Class 4 felony: | ||||||
2 | (1) The person has 3 or more prior violations in the | ||||||
3 | last 10 years of
harassment
by
telephone, harassment | ||||||
4 | through electronic
communications, or any similar offense | ||||||
5 | of any
other state; | ||||||
6 | (2) The person has previously violated the harassment | ||||||
7 | by telephone
provisions, or the harassment through | ||||||
8 | electronic
communications provisions, or committed any | ||||||
9 | similar
offense in any other state with the same victim or | ||||||
10 | a member of the victim's family or
household; | ||||||
11 | (3) At the time of the offense, the offender was under | ||||||
12 | conditions of bail,
probation, conditional discharge, | ||||||
13 | mandatory supervised release or was the subject of an order | ||||||
14 | of
protection, in this or any other state, prohibiting | ||||||
15 | contact with the victim or
any member of the victim's | ||||||
16 | family or household; | ||||||
17 | (4) In the course of the offense, the offender | ||||||
18 | threatened to kill the
victim or any member of the victim's | ||||||
19 | family or household; | ||||||
20 | (5) The person has been convicted in the last 10 years | ||||||
21 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 ; | ||||||
23 | (6) The person violates paragraph (5) of Section 26.5-2 | ||||||
24 | or paragraph
(4) of Section 26.5-3; or | ||||||
25 | (7) The person was at least 18 years of age at the time | ||||||
26 | of the commission of the offense and the victim was under |
| |||||||
| |||||||
1 | 18 years of age at the time of the commission of the | ||||||
2 | offense. | ||||||
3 | (c) The court may order any person
convicted under this | ||||||
4 | Article to submit to a psychiatric examination.
| ||||||
5 | (Source: P.A. 97-1108, eff. 1-1-13.) | ||||||
6 | (720 ILCS 5/33G-3) | ||||||
7 | (Section scheduled to be repealed on June 11, 2017) | ||||||
8 | Sec. 33G-3. Definitions. As used in this Article: | ||||||
9 | (a) "Another state" means any State of the United States | ||||||
10 | (other than the State of Illinois), or the District of | ||||||
11 | Columbia, or the Commonwealth of Puerto Rico, or any territory | ||||||
12 | or possession of the United States, or any political | ||||||
13 | subdivision, or any department, agency, or instrumentality | ||||||
14 | thereof. | ||||||
15 | (b) "Enterprise" includes: | ||||||
16 | (1) any partnership, corporation, association, | ||||||
17 | business or charitable trust, or other legal entity; and | ||||||
18 | (2) any group of individuals or other legal entities, | ||||||
19 | or any combination thereof, associated in fact although not | ||||||
20 | itself a legal entity. An association in fact must be held | ||||||
21 | together by a common purpose of engaging in a course of | ||||||
22 | conduct, and it may be associated together for purposes | ||||||
23 | that are both legal and illegal. An association in fact | ||||||
24 | must: | ||||||
25 | (A) have an ongoing organization or structure, |
| |||||||
| |||||||
1 | either formal or informal; | ||||||
2 | (B) the various members of the group must function | ||||||
3 | as a continuing unit, even if the group changes | ||||||
4 | membership by gaining or losing members over time; and | ||||||
5 | (C) have an ascertainable structure distinct from | ||||||
6 | that inherent in the conduct of a pattern of predicate | ||||||
7 | activity. | ||||||
8 | As used in this Article, "enterprise" includes licit and | ||||||
9 | illicit enterprises. | ||||||
10 | (c) "Labor organization" includes any organization, labor | ||||||
11 | union, craft union, or any voluntary unincorporated | ||||||
12 | association designed to further the cause of the rights of | ||||||
13 | union labor that is constituted for the purpose, in whole or in | ||||||
14 | part, of collective bargaining or of dealing with employers | ||||||
15 | concerning grievances, terms or conditions of employment, or | ||||||
16 | apprenticeships or applications for apprenticeships, or of | ||||||
17 | other mutual aid or protection in connection with employment, | ||||||
18 | including apprenticeships or applications for apprenticeships. | ||||||
19 | (d) "Operation or management" means directing or carrying | ||||||
20 | out the enterprise's affairs and is limited to any person who | ||||||
21 | knowingly serves as a leader, organizer, operator, manager, | ||||||
22 | director, supervisor, financier, advisor, recruiter, supplier, | ||||||
23 | or enforcer of an enterprise in violation of this Article. | ||||||
24 | (e) "Predicate activity" means any act that is a Class 2 | ||||||
25 | felony or higher and constitutes a violation or violations of | ||||||
26 | any of the following provisions of the laws of the State of |
| |||||||
| |||||||
1 | Illinois (as amended or revised as of the date the activity | ||||||
2 | occurred or, in the instance of a continuing offense, the date | ||||||
3 | that charges under this Article are filed in a particular | ||||||
4 | matter in the State of Illinois) or any act under the law of | ||||||
5 | another jurisdiction for an offense that could be charged as a | ||||||
6 | Class 2 felony or higher in this State: | ||||||
7 | (1) under the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 : 8-1.2 (solicitation of murder for hire), 9-1 | ||||||
9 | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | ||||||
10 | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | ||||||
11 | (aggravated unlawful restraint), 10-4 (forcible | ||||||
12 | detention), 10-5(b)(10) (child abduction), 10-9 | ||||||
13 | (trafficking in persons, involuntary servitude, and | ||||||
14 | related offenses), 11-1.20 (criminal sexual assault), | ||||||
15 | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | ||||||
16 | (predatory criminal sexual assault of a child), 11-1.60 | ||||||
17 | (aggravated criminal sexual abuse), 11-6 (indecent | ||||||
18 | solicitation of a child), 11-6.5 (indecent solicitation of | ||||||
19 | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | ||||||
20 | prostitution), 11-14.4 (promoting juvenile prostitution), | ||||||
21 | 11-18.1 (patronizing a minor engaged in prostitution; | ||||||
22 | patronizing a juvenile prostitute), 12-3.05 (aggravated | ||||||
23 | battery), 12-6.4 (criminal street gang recruitment), | ||||||
24 | 12-6.5 (compelling organization membership of persons), | ||||||
25 | 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 | ||||||
26 | (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or |
| |||||||
| |||||||
1 | 18-6 (vehicular invasion), 18-1 (robbery ; aggravated | ||||||
2 | robbery ), 18-2 (armed robbery), 18-3 (vehicular | ||||||
3 | hijacking), 18-4 (aggravated vehicular hijacking), 18-5 | ||||||
4 | (aggravated robbery), 19-1 (burglary), 19-3 (residential | ||||||
5 | burglary), 20-1 (arson ; residential arson; place of | ||||||
6 | worship arson ), 20-1.1 (aggravated arson), 20-1.2 | ||||||
7 | (residential arson), 20-1.3 (place of worship arson), | ||||||
8 | 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 | ||||||
9 | (aggravated discharge of a machine gun or silencer equipped | ||||||
10 | firearm), 24-1.8 (unlawful possession of a firearm by a | ||||||
11 | street gang member), 24-3.2 (unlawful discharge of firearm | ||||||
12 | projectiles), 24-3.9 (aggravated possession of a stolen | ||||||
13 | firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting), | ||||||
14 | 29D-14.9 (terrorism), 29D-15 (soliciting support for | ||||||
15 | terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2 | ||||||
16 | (possession of a deadly substance), 29D-20 (making a | ||||||
17 | terrorist threat), 29D-25 (falsely making a terrorist | ||||||
18 | threat), 29D-29.9 (material support for terrorism), 29D-35 | ||||||
19 | (hindering prosecution of terrorism), 31A-1.2 | ||||||
20 | (unauthorized contraband in a penal institution), or 33A-3 | ||||||
21 | (armed violence); | ||||||
22 | (2) under the Cannabis Control Act: Sections 5 | ||||||
23 | (manufacture or delivery of cannabis), 5.1 (cannabis | ||||||
24 | trafficking), or 8 (production or possession of cannabis | ||||||
25 | plants), provided the offense either involves more than 500 | ||||||
26 | grams of any substance containing cannabis or involves more |
| |||||||
| |||||||
1 | than 50 cannabis sativa plants; | ||||||
2 | (3) under the Illinois Controlled Substances Act: | ||||||
3 | Sections 401 (manufacture or delivery of a controlled | ||||||
4 | substance), 401.1 (controlled substance trafficking), 405 | ||||||
5 | (calculated criminal drug conspiracy), or 405.2 (street | ||||||
6 | gang criminal drug conspiracy); or | ||||||
7 | (4) under the Methamphetamine Control and Community | ||||||
8 | Protection Act: Sections 15 (methamphetamine | ||||||
9 | manufacturing), or 55 (methamphetamine delivery). | ||||||
10 | (f) "Pattern of predicate activity" means: | ||||||
11 | (1) at least 3 occurrences of predicate activity that | ||||||
12 | are in some way related to each other and that have | ||||||
13 | continuity between them, and that are separate acts. Acts | ||||||
14 | are related to each other if they are not isolated events, | ||||||
15 | including if they have similar purposes, or results, or | ||||||
16 | participants, or victims, or are committed a similar way, | ||||||
17 | or have other similar distinguishing characteristics, or | ||||||
18 | are part of the affairs of the same enterprise. There is | ||||||
19 | continuity between acts if they are ongoing over a | ||||||
20 | substantial period, or if they are part of the regular way | ||||||
21 | some entity does business or conducts its affairs; and | ||||||
22 | (2) which occurs after the effective date of this | ||||||
23 | Article, and the last of which falls within 3 years | ||||||
24 | (excluding any period of imprisonment) after the first | ||||||
25 | occurrence of predicate activity. | ||||||
26 | (g) "Unlawful death" includes the following offenses: |
| |||||||
| |||||||
1 | under the Criminal Code of 1961 or the Criminal Code of 2012 : | ||||||
2 | Sections 9-1 (first degree murder) or 9-2 (second degree | ||||||
3 | murder).
| ||||||
4 | (Source: P.A. 97-686, eff. 6-11-12.)
| ||||||
5 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
6 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
7 | with the knowledge
and consent of the owner in the commission | ||||||
8 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
9 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
10 | 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a | ||||||
11 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
12 | 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, | ||||||
13 | 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of | ||||||
14 | precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, | ||||||
15 | 20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this Code, | ||||||
16 | subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), | ||||||
17 | (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
| ||||||
18 | paragraph (a) of Section 12-4 of this Code, paragraph (a) of | ||||||
19 | Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), | ||||||
20 | (c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) | ||||||
21 | of Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of | ||||||
22 | Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of | ||||||
23 | the Cigarette Tax
Act if the vessel, vehicle or aircraft | ||||||
24 | contains more than 10 cartons of
such cigarettes; (c) Section | ||||||
25 | 28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, |
| |||||||
| |||||||
1 | vehicle or aircraft contains more than 10 cartons of such
| ||||||
2 | cigarettes; (d) Section 44 of the Environmental Protection Act; | ||||||
3 | (e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving | ||||||
4 | under the influence of alcohol or other drug or drugs, | ||||||
5 | intoxicating compound or compounds or any
combination thereof | ||||||
6 | under Section 11-501 of the Illinois Vehicle Code during a | ||||||
7 | period in which his
or her driving privileges are revoked or | ||||||
8 | suspended where
the revocation or suspension was for driving | ||||||
9 | under the influence of alcohol or other drug or drugs, | ||||||
10 | intoxicating compound or compounds or any
combination thereof, | ||||||
11 | Section 11-501.1, paragraph (b) of Section
11-401, or for | ||||||
12 | reckless homicide as defined in Section 9-3
of the Criminal | ||||||
13 | Code of 1961 or the Criminal Code of 2012 ; (2)
driving while | ||||||
14 | under the influence of alcohol, other drug or drugs, | ||||||
15 | intoxicating compound or compounds or any combination thereof | ||||||
16 | and has been previously convicted of reckless homicide or a | ||||||
17 | similar provision of a law of another state relating to | ||||||
18 | reckless homicide in which the person was determined to have | ||||||
19 | been under the influence of alcohol, other drug or drugs, or | ||||||
20 | intoxicating compound or compounds as an element of the offense | ||||||
21 | or the person has previously been convicted of committing a | ||||||
22 | violation of
driving under the influence of alcohol or other | ||||||
23 | drug or drugs, intoxicating compound or compounds or any
| ||||||
24 | combination thereof and was involved in a motor vehicle | ||||||
25 | accident that resulted in death, great bodily harm, or | ||||||
26 | permanent disability or disfigurement to another, when the |
| |||||||
| |||||||
1 | violation was a proximate cause of the death or injuries; (3) | ||||||
2 | the person committed a violation of driving under the influence | ||||||
3 | of alcohol or other drug or drugs, intoxicating compound or | ||||||
4 | compounds or any
combination thereof under Section 11-501 of | ||||||
5 | the Illinois Vehicle Code or a similar provision for the third | ||||||
6 | or subsequent
time; (4) the person committed the violation | ||||||
7 | while he
or she did not possess a driver's license or permit or | ||||||
8 | a restricted driving permit or a judicial driving permit or a | ||||||
9 | monitoring device driving permit; or (5) the person committed | ||||||
10 | the violation while he or she knew or should have known that | ||||||
11 | the vehicle he or she was driving was not covered by a | ||||||
12 | liability insurance policy; (g) an offense described in | ||||||
13 | subsection (g) of Section 6-303 of the
Illinois Vehicle Code; | ||||||
14 | or (h) an offense described in subsection (e) of
Section 6-101 | ||||||
15 | of the Illinois Vehicle Code;
may be
seized and delivered | ||||||
16 | forthwith to the sheriff of the county of seizure.
| ||||||
17 | Within 15 days after such delivery the sheriff shall give | ||||||
18 | notice of seizure
to each person according to the following | ||||||
19 | method: Upon each such person
whose right, title or interest is | ||||||
20 | of record in the office of the Secretary
of State, the | ||||||
21 | Secretary of Transportation, the Administrator of the Federal
| ||||||
22 | Aviation Agency, or any other Department of this State, or any | ||||||
23 | other state
of the United States if such vessel, vehicle or | ||||||
24 | aircraft is required to be
so registered, as the case may be, | ||||||
25 | by mailing a copy of the notice by
certified mail to the | ||||||
26 | address as given upon the records of the Secretary of
State, |
| |||||||
| |||||||
1 | the Department of Aeronautics, Department of Public Works and
| ||||||
2 | Buildings or any other Department of this State or the United | ||||||
3 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
4 | registered. Within
that 15 day period the sheriff shall also | ||||||
5 | notify the State's Attorney of
the county of seizure about the | ||||||
6 | seizure.
| ||||||
7 | In addition, any mobile or portable equipment used in the | ||||||
8 | commission of an
act which is in violation of Section 7g of the | ||||||
9 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
10 | seizure and forfeiture under the same
procedures provided in | ||||||
11 | this Article for the seizure and forfeiture of vessels,
| ||||||
12 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
13 | vessel, vehicle
or aircraft for purposes of this Article.
| ||||||
14 | When a person discharges a firearm at another individual | ||||||
15 | from a vehicle with
the knowledge and consent of the owner of | ||||||
16 | the vehicle and with the intent to
cause death or great bodily | ||||||
17 | harm to that individual and as a result causes
death or great | ||||||
18 | bodily harm to that individual, the vehicle shall be subject to
| ||||||
19 | seizure and forfeiture under the same procedures provided in | ||||||
20 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
21 | violations of clauses (a), (b),
(c), or (d) of this Section.
| ||||||
22 | If the spouse of the owner of a vehicle seized for
an | ||||||
23 | offense described in subsection (g) of Section 6-303 of the
| ||||||
24 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
25 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
26 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
| |||||||
| |||||||
1 | Code makes a showing
that the seized vehicle is the only source | ||||||
2 | of transportation and it is
determined that the financial | ||||||
3 | hardship to the family as a result of the seizure
outweighs the | ||||||
4 | benefit to the State from the seizure, the vehicle may be
| ||||||
5 | forfeited to the spouse or family member and the title to the | ||||||
6 | vehicle shall be
transferred to the spouse or family member who | ||||||
7 | is properly licensed and who
requires the use of the vehicle | ||||||
8 | for employment or family transportation
purposes. A written | ||||||
9 | declaration of forfeiture of a vehicle under this
Section shall | ||||||
10 | be sufficient cause for the title to be transferred to the | ||||||
11 | spouse
or family member. The provisions of this paragraph shall | ||||||
12 | apply only to one
forfeiture per vehicle. If the vehicle is the | ||||||
13 | subject of a subsequent
forfeiture proceeding by virtue of a | ||||||
14 | subsequent conviction of either spouse or
the family member, | ||||||
15 | the spouse or family member to whom the vehicle was
forfeited | ||||||
16 | under the first forfeiture proceeding may not utilize the
| ||||||
17 | provisions of this paragraph in another forfeiture proceeding. | ||||||
18 | If the owner of
the vehicle seized owns more than one vehicle,
| ||||||
19 | the procedure set out in this paragraph may be used for only | ||||||
20 | one vehicle.
| ||||||
21 | Property declared contraband under Section 40 of the | ||||||
22 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
23 | seized and forfeited under this
Article.
| ||||||
24 | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | ||||||
25 | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | ||||||
26 | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, |
| |||||||
| |||||||
1 | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | ||||||
2 | 97-1109, eff. 1-1-13.)
| ||||||
3 | (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
| ||||||
4 | Sec. 37-1. Maintaining Public Nuisance. Any building used | ||||||
5 | in the commission of offenses prohibited by Sections
9-1, 10-1, | ||||||
6 | 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, | ||||||
7 | 11-20.3, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), | ||||||
8 | 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1, or subdivision | ||||||
9 | (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this the | ||||||
10 | Criminal Code of
1961 , or
prohibited by the Illinois Controlled | ||||||
11 | Substances Act, the Methamphetamine Control and Community | ||||||
12 | Protection Act, or the Cannabis
Control Act, or used in the | ||||||
13 | commission of an inchoate offense
relative to any of the | ||||||
14 | aforesaid principal offenses, or any real property
erected, | ||||||
15 | established, maintained, owned, leased, or used by a streetgang | ||||||
16 | for
the purpose of conducting streetgang related activity as | ||||||
17 | defined in Section 10
of the Illinois Streetgang Terrorism | ||||||
18 | Omnibus Prevention Act is a public
nuisance.
| ||||||
19 | (b) Sentence. A person convicted of knowingly maintaining | ||||||
20 | such a public
nuisance commits a Class A misdemeanor. Each | ||||||
21 | subsequent offense under this
Section is a Class 4 felony.
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
23 | (720 ILCS 5/48-8) | ||||||
24 | Sec. 48-8. Service animal Guide dog access. |
| |||||||
| |||||||
1 | (a) When a blind, hearing impaired or physically | ||||||
2 | handicapped
person with a physical, mental, or intellectual | ||||||
3 | disability requiring the use of a service animal or a person | ||||||
4 | who is subject to epilepsy or other seizure disorders is
| ||||||
5 | accompanied by a service animal a dog which serves as a guide, | ||||||
6 | leader, seizure-alert, or
seizure-response dog for the person | ||||||
7 | or when a trainer of a service animal guide, leader,
| ||||||
8 | seizure-alert, or seizure-response dog is accompanied by a | ||||||
9 | service animal guide, leader,
seizure-alert, or | ||||||
10 | seizure-response dog or a dog that is being trained to be a
| ||||||
11 | guide, leader, seizure-alert, or seizure-response dog , neither | ||||||
12 | the person nor
the service animal dog shall be denied the right | ||||||
13 | of entry and use of facilities of any public
place of | ||||||
14 | accommodation as defined in Section 5-101 of the Illinois Human
| ||||||
15 | Rights Act , if the dog is wearing a harness and the person | ||||||
16 | presents
credentials for inspection issued by a school for | ||||||
17 | training guide, leader,
seizure-alert, or seizure-response | ||||||
18 | dogs . | ||||||
19 | For the purposes of this Section, "service animal" means a | ||||||
20 | dog or miniature horse trained or being trained as a hearing | ||||||
21 | animal, a guide animal, an assistance animal, a seizure alert | ||||||
22 | animal, a mobility animal, a psychiatric service animal, an | ||||||
23 | autism service animal, or an animal trained for any other | ||||||
24 | physical, mental, or intellectual disability. "Service animal" | ||||||
25 | includes a miniature horse that a public
place of accommodation | ||||||
26 | shall make reasonable accommodation so long as the public
place |
| |||||||
| |||||||
1 | of accommodation takes into consideration: (1) the type, size, | ||||||
2 | and weight of the miniature horse and whether the facility can | ||||||
3 | accommodate its features; (2) whether the handler has | ||||||
4 | sufficient control of the miniature horse; (3) whether the | ||||||
5 | miniature horse is housebroken; and (4) whether the miniature | ||||||
6 | horse's presence in the facility compromises legitimate safety | ||||||
7 | requirements necessary for operation. | ||||||
8 | (b) A person who knowingly violates this Section commits a | ||||||
9 | Class C misdemeanor.
| ||||||
10 | (Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. | ||||||
11 | 8-14-12; revised 10-3-12.) | ||||||
12 | (720 ILCS 5/Art. 16C rep.) | ||||||
13 | (720 ILCS 5/Art. 16D rep.) | ||||||
14 | (720 ILCS 5/Art. 17B rep.) | ||||||
15 | Section 610. The Criminal Code of 2012 is amended by | ||||||
16 | repealing Articles 16C, 16D, and 17B. | ||||||
17 | Section 620. The Cannabis Control Act is amended by | ||||||
18 | changing Section 10 as follows:
| ||||||
19 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
20 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
21 | been convicted of, or placed
on probation or court supervision | ||||||
22 | for, any offense under this Act or any
law of the United States | ||||||
23 | or of any State relating to cannabis, or controlled
substances |
| |||||||
| |||||||
1 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
2 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
3 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
4 | entering a
judgment and with the consent of such person, | ||||||
5 | sentence him to probation.
| ||||||
6 | (b) When a person is placed on probation, the court shall | ||||||
7 | enter an order
specifying a period of probation of 24 months, | ||||||
8 | and shall defer further
proceedings in
the case until the | ||||||
9 | conclusion of the period or until the filing of a petition
| ||||||
10 | alleging violation of a term or condition of probation.
| ||||||
11 | (c) The conditions of probation shall be that the person: | ||||||
12 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
13 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
14 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
15 | as ordered by the court, but no less than 3 times during the | ||||||
16 | period of
the probation, with the cost of the testing to be | ||||||
17 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
18 | of community service, provided community
service is available | ||||||
19 | in the jurisdiction and is funded and approved by the
county | ||||||
20 | board.
| ||||||
21 | (d) The court may, in addition to other conditions, require
| ||||||
22 | that the person:
| ||||||
23 | (1) make a report to and appear in person before or | ||||||
24 | participate with the
court or such courts, person, or | ||||||
25 | social service agency as directed by the
court in the order | ||||||
26 | of probation;
|
| |||||||
| |||||||
1 | (2) pay a fine and costs;
| ||||||
2 | (3) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (4) undergo medical or psychiatric treatment; or | ||||||
5 | treatment for drug
addiction or alcoholism;
| ||||||
6 | (5) attend or reside in a facility established for the | ||||||
7 | instruction or
residence of defendants on probation;
| ||||||
8 | (6) support his dependents;
| ||||||
9 | (7) refrain from possessing a firearm or other | ||||||
10 | dangerous weapon;
| ||||||
11 | (7-5) refrain from having in his or her body the | ||||||
12 | presence of any illicit
drug prohibited by the Cannabis | ||||||
13 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
14 | Methamphetamine Control and Community Protection Act, | ||||||
15 | unless prescribed by a physician, and submit samples of
his | ||||||
16 | or her blood or urine or both for tests to determine the | ||||||
17 | presence of any
illicit drug;
| ||||||
18 | (8) and in addition, if a minor:
| ||||||
19 | (i) reside with his parents or in a foster home;
| ||||||
20 | (ii) attend school;
| ||||||
21 | (iii) attend a non-residential program for youth;
| ||||||
22 | (iv) contribute to his own support at home or in a | ||||||
23 | foster home.
| ||||||
24 | (e) Upon violation of a term or condition of probation, the
| ||||||
25 | court
may enter a judgment on its original finding of guilt and | ||||||
26 | proceed as otherwise
provided.
|
| |||||||
| |||||||
1 | (f) Upon fulfillment of the terms and
conditions of | ||||||
2 | probation, the court shall discharge such person and dismiss
| ||||||
3 | the proceedings against him.
| ||||||
4 | (g) A disposition of probation is considered to be a | ||||||
5 | conviction
for the purposes of imposing the conditions of | ||||||
6 | probation and for appeal,
however, discharge and dismissal | ||||||
7 | under this Section is not a conviction for
purposes of | ||||||
8 | disqualification or disabilities imposed by law upon | ||||||
9 | conviction of
a crime (including the additional penalty imposed | ||||||
10 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
11 | of this Act).
| ||||||
12 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
13 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
14 | Methamphetamine Control and Community Protection Act, Section | ||||||
15 | 5-6-3.3 of the Unified Code of Corrections, or subsection (c) | ||||||
16 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012 may occur only once
with respect to any person.
| ||||||
18 | (i) If a person is convicted of an offense under this Act, | ||||||
19 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act within 5 years
subsequent | ||||||
21 | to a discharge and dismissal under this Section, the discharge | ||||||
22 | and
dismissal under this Section shall be admissible in the | ||||||
23 | sentencing proceeding
for that conviction
as a factor in | ||||||
24 | aggravation.
| ||||||
25 | (Source: P.A. 97-1118, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | Section 625. The Illinois Controlled Substances Act is | ||||||
2 | amended by changing Section 410 as follows:
| ||||||
3 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
4 | Sec. 410. (a) Whenever any person who has not previously | ||||||
5 | been convicted
of, or placed on probation or court supervision | ||||||
6 | for any offense under this
Act or any law of the United States | ||||||
7 | or of any State relating to cannabis
or controlled substances, | ||||||
8 | pleads guilty to or is found guilty of possession
of a | ||||||
9 | controlled or counterfeit substance under subsection (c) of | ||||||
10 | Section
402 or of unauthorized possession of prescription form | ||||||
11 | under Section 406.2, the court, without entering a judgment and | ||||||
12 | with the consent of such
person, may sentence him or her to | ||||||
13 | probation.
| ||||||
14 | (b) When a person is placed on probation, the court shall | ||||||
15 | enter an order
specifying a period of probation of 24 months | ||||||
16 | and shall defer further
proceedings in the case until the | ||||||
17 | conclusion of the period or until the
filing of a petition | ||||||
18 | alleging violation of a term or condition of probation.
| ||||||
19 | (c) The conditions of probation shall be that the person: | ||||||
20 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
21 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
22 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
23 | as ordered by the court, but no less than 3
times during the | ||||||
24 | period of the probation, with the cost of the testing to be
| ||||||
25 | paid by the probationer; and (4) perform no less than 30 hours |
| |||||||
| |||||||
1 | of community
service, provided community service is available | ||||||
2 | in the jurisdiction and is
funded
and approved by the county | ||||||
3 | board.
| ||||||
4 | (d) The court may, in addition to other conditions, require | ||||||
5 | that the person:
| ||||||
6 | (1) make a report to and appear in person before or | ||||||
7 | participate with the
court or such courts, person, or | ||||||
8 | social service agency as directed by the
court in the order | ||||||
9 | of probation;
| ||||||
10 | (2) pay a fine and costs;
| ||||||
11 | (3) work or pursue a course of study or vocational
| ||||||
12 | training;
| ||||||
13 | (4) undergo medical or psychiatric treatment; or | ||||||
14 | treatment or
rehabilitation approved by the Illinois | ||||||
15 | Department of Human Services;
| ||||||
16 | (5) attend or reside in a facility established for the | ||||||
17 | instruction or
residence of defendants on probation;
| ||||||
18 | (6) support his or her dependents;
| ||||||
19 | (6-5) refrain from having in his or her body the | ||||||
20 | presence of any illicit
drug prohibited by the Cannabis | ||||||
21 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
22 | Methamphetamine Control and Community Protection Act, | ||||||
23 | unless prescribed by a physician, and submit samples of
his | ||||||
24 | or her blood or urine or both for tests to determine the | ||||||
25 | presence of any
illicit drug;
| ||||||
26 | (7) and in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his or her parents or in a foster | ||||||
2 | home;
| ||||||
3 | (ii) attend school;
| ||||||
4 | (iii) attend a non-residential program for youth;
| ||||||
5 | (iv) contribute to his or her own support at home | ||||||
6 | or in a foster home.
| ||||||
7 | (e) Upon violation of a term or condition of probation, the | ||||||
8 | court
may enter a judgment on its original finding of guilt and | ||||||
9 | proceed as
otherwise provided.
| ||||||
10 | (f) Upon fulfillment of the terms and conditions of | ||||||
11 | probation, the court
shall discharge the person and dismiss the | ||||||
12 | proceedings against him or her.
| ||||||
13 | (g) A disposition of probation is considered to be a | ||||||
14 | conviction
for the purposes of imposing the conditions of | ||||||
15 | probation and for appeal,
however, discharge and dismissal | ||||||
16 | under this Section is not a conviction for
purposes of this Act | ||||||
17 | or for purposes of disqualifications or disabilities
imposed by | ||||||
18 | law upon conviction of a crime.
| ||||||
19 | (h) There may be only one discharge and dismissal under | ||||||
20 | this Section,
Section 10 of the Cannabis Control Act, Section | ||||||
21 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
22 | Section 5-6-3.3 of the Unified Code of Corrections, or | ||||||
23 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012 with respect to any person.
| ||||||
25 | (i) If a person is convicted of an offense under this Act, | ||||||
26 | the Cannabis
Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act within 5 years
subsequent to a | ||||||
2 | discharge and dismissal under this Section, the discharge and
| ||||||
3 | dismissal under this Section shall be admissible in the | ||||||
4 | sentencing proceeding
for that conviction
as evidence in | ||||||
5 | aggravation.
| ||||||
6 | (Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13.)
| ||||||
7 | Section 630. The Methamphetamine Control and Community | ||||||
8 | Protection Act is amended by changing Section 70 as follows: | ||||||
9 | (720 ILCS 646/70)
| ||||||
10 | Sec. 70. Probation. | ||||||
11 | (a) Whenever any person who has not previously been | ||||||
12 | convicted of, or placed on probation or court supervision for | ||||||
13 | any offense under this Act, the Illinois Controlled Substances | ||||||
14 | Act, the Cannabis Control Act, or any law of the United States | ||||||
15 | or of any state relating to cannabis or controlled substances, | ||||||
16 | pleads guilty to or is found guilty of possession of less than | ||||||
17 | 15 grams of methamphetamine under paragraph (1) or (2) of | ||||||
18 | subsection (b) of Section 60 of this Act, the court, without | ||||||
19 | entering a judgment and with the consent of the person, may | ||||||
20 | sentence him or her to probation.
| ||||||
21 | (b) When a person is placed on probation, the court shall | ||||||
22 | enter an order specifying a period of probation of 24 months | ||||||
23 | and shall defer further proceedings in the case until the | ||||||
24 | conclusion of the period or until the filing of a petition |
| |||||||
| |||||||
1 | alleging violation of a term or condition of probation.
| ||||||
2 | (c) The conditions of probation shall be that the person: | ||||||
3 | (1) not violate any criminal statute of any | ||||||
4 | jurisdiction; | ||||||
5 | (2) refrain from possessing a firearm or other | ||||||
6 | dangerous weapon; | ||||||
7 | (3) submit to periodic drug testing at a time and in a | ||||||
8 | manner as ordered by the court, but no less than 3 times | ||||||
9 | during the period of the probation, with the cost of the | ||||||
10 | testing to be paid by the probationer; and | ||||||
11 | (4) perform no less than 30 hours of community service, | ||||||
12 | if community service is available in the jurisdiction and | ||||||
13 | is funded and approved by the county board.
| ||||||
14 | (d) The court may, in addition to other conditions, require | ||||||
15 | that the person take one or more of the following actions:
| ||||||
16 | (1) make a report to and appear in person before or | ||||||
17 | participate with the court or such courts, person, or | ||||||
18 | social service agency as directed by the court in the order | ||||||
19 | of probation;
| ||||||
20 | (2) pay a fine and costs;
| ||||||
21 | (3) work or pursue a course of study or vocational | ||||||
22 | training;
| ||||||
23 | (4) undergo medical or psychiatric treatment; or | ||||||
24 | treatment or rehabilitation approved by the Illinois | ||||||
25 | Department of Human Services;
| ||||||
26 | (5) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction or residence of defendants on probation;
| ||||||
2 | (6) support his or her dependents;
| ||||||
3 | (7) refrain from having in his or her body the presence | ||||||
4 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
5 | Control Act, or the Illinois Controlled Substances Act, | ||||||
6 | unless prescribed by a physician, and submit samples of his | ||||||
7 | or her blood or urine or both for tests to determine the | ||||||
8 | presence of any illicit drug; or
| ||||||
9 | (8) if a minor:
| ||||||
10 | (i) reside with his or her parents or in a foster | ||||||
11 | home;
| ||||||
12 | (ii) attend school;
| ||||||
13 | (iii) attend a non-residential program for youth; | ||||||
14 | or
| ||||||
15 | (iv) contribute to his or her own support at home | ||||||
16 | or in a foster home.
| ||||||
17 | (e) Upon violation of a term or condition of probation, the | ||||||
18 | court may enter a judgment on its original finding of guilt and | ||||||
19 | proceed as otherwise provided.
| ||||||
20 | (f) Upon fulfillment of the terms and conditions of | ||||||
21 | probation, the court shall discharge the person and dismiss the | ||||||
22 | proceedings against the person.
| ||||||
23 | (g) A disposition of probation is considered to be a | ||||||
24 | conviction for the purposes of imposing the conditions of | ||||||
25 | probation and for appeal, however, discharge and dismissal | ||||||
26 | under this Section is not a conviction for purposes of this Act |
| |||||||
| |||||||
1 | or for purposes of disqualifications or disabilities imposed by | ||||||
2 | law upon conviction of a crime.
| ||||||
3 | (h) There may be only one discharge and dismissal under | ||||||
4 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
5 | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 of | ||||||
6 | the Unified Code of Corrections, or subsection (c) of Section | ||||||
7 | 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
8 | with respect to any person.
| ||||||
9 | (i) If a person is convicted of an offense under this Act, | ||||||
10 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
11 | Act within 5 years subsequent to a discharge and dismissal | ||||||
12 | under this Section, the discharge and dismissal under this | ||||||
13 | Section are admissible in the sentencing proceeding for that | ||||||
14 | conviction as evidence in aggravation.
| ||||||
15 | (Source: P.A. 97-1118, eff. 1-1-13.) | ||||||
16 | Section 635. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by changing Sections 102-2, 103-2.1, 103-8, 108-4, | ||||||
18 | 108-12, 108B-3, 108B-7.5, 108B-8, 109-3, 110-2, 110-4, 110-5, | ||||||
19 | 110-5.1, 110-6, 110-6.3, 110-7, 110-10, 110-12, 111-1, 111-2, | ||||||
20 | 111-3, 111-4, 111-8, 112A-3, 112A-11.1, 112A-11.2, 112A-14, | ||||||
21 | 112A-16, 112A-23, 112A-26, 112A-30, 114-1, 114-4, 114-11, | ||||||
22 | 114-12, 115-3, 115-4, 115-6, 115-7, 115-7.2, 115-7.3, 115-10, | ||||||
23 | 115-10.2a, 115-10.3, 115-10.6, 115-11, 115-11.1, 115-13, | ||||||
24 | 115-15, 115-16, 115-17b, 116-2.1, 116-4, 124B-10, 124B-100, | ||||||
25 | 124B-300, 124B-405, 124B-415, 124B-420, 124B-500, 124B-600, |
| |||||||
| |||||||
1 | 124B-610, 124B-700, 124B-710, 124B-800, 124B-905, and | ||||||
2 | 124B-1000 as follows:
| ||||||
3 | (725 ILCS 5/102-2) (from Ch. 38, par. 102-2)
| ||||||
4 | Sec. 102-2. Reference to criminal code for words and | ||||||
5 | phrases not described.
| ||||||
6 | A word or phrase not described in this Code but which is | ||||||
7 | described in
Article 2 of the " Criminal Code of 2012 1961", | ||||||
8 | approved July 28, 1961, as
heretofore and hereafter amended, | ||||||
9 | shall have the meaning therein
described, except when a | ||||||
10 | particular context in this Code clearly requires a
different | ||||||
11 | meaning.
| ||||||
12 | (Source: Laws 1963, p. 2836.)
| ||||||
13 | (725 ILCS 5/103-2.1)
| ||||||
14 | Sec. 103-2.1. When statements by accused may be used.
| ||||||
15 | (a) In this Section, "custodial interrogation" means any | ||||||
16 | interrogation
during which (i) a reasonable person in the | ||||||
17 | subject's position would consider
himself or herself to be in | ||||||
18 | custody and (ii) during which
a question is asked that is | ||||||
19 | reasonably likely to elicit an incriminating
response.
| ||||||
20 | In this Section, "place of detention" means a building or a | ||||||
21 | police station
that is a place of operation for a municipal | ||||||
22 | police department or county
sheriff department or other law | ||||||
23 | enforcement agency, not a courthouse, that
is owned or operated | ||||||
24 | by a
law enforcement agency at which persons are or may be held |
| |||||||
| |||||||
1 | in detention in
connection with criminal charges against those | ||||||
2 | persons.
| ||||||
3 | In this Section, "electronic recording" includes motion | ||||||
4 | picture,
audiotape, or videotape, or digital recording.
| ||||||
5 | (b) An oral, written, or sign language statement of an | ||||||
6 | accused made as a
result of a
custodial
interrogation at a | ||||||
7 | police station or other place of detention shall be presumed
to | ||||||
8 | be inadmissible as
evidence against the
accused in any
criminal
| ||||||
9 | proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | ||||||
10 | 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code
unless:
| ||||||
13 | (1) an electronic recording
is made of the custodial | ||||||
14 | interrogation; and
| ||||||
15 | (2) the recording is substantially accurate and not | ||||||
16 | intentionally altered.
| ||||||
17 | (c) Every electronic recording required under this Section
| ||||||
18 | must be preserved
until such time as the
defendant's conviction
| ||||||
19 | for any
offense relating to the statement is final and all | ||||||
20 | direct and habeas corpus
appeals are
exhausted,
or the | ||||||
21 | prosecution of such offenses is barred by law.
| ||||||
22 | (d) If the court finds, by a preponderance of the evidence, | ||||||
23 | that the
defendant
was
subjected to a custodial interrogation | ||||||
24 | in violation of this Section, then any
statements made
by the
| ||||||
25 | defendant during or following that non-recorded custodial | ||||||
26 | interrogation, even
if
otherwise in compliance with this |
| |||||||
| |||||||
1 | Section, are presumed to be inadmissible in
any criminal
| ||||||
2 | proceeding against the defendant except for the purposes of | ||||||
3 | impeachment.
| ||||||
4 | (e) Nothing in this Section precludes the admission (i) of | ||||||
5 | a statement made
by the
accused in open court at his or her | ||||||
6 | trial, before a grand jury, or at
a preliminary hearing, (ii)
| ||||||
7 | of a
statement made during a
custodial interrogation that was | ||||||
8 | not recorded as required by
this
Section, because electronic | ||||||
9 | recording was not feasible, (iii) of a
voluntary
statement,
| ||||||
10 | whether or not the result of a custodial interrogation, that | ||||||
11 | has a bearing on
the
credibility of the accused as a witness,
| ||||||
12 | (iv) of a spontaneous statement that is
not made in response to | ||||||
13 | a question,
(v) of a statement made after questioning that is | ||||||
14 | routinely
asked during the processing of the arrest of the | ||||||
15 | suspect, (vi) of a statement
made
during a custodial | ||||||
16 | interrogation by a suspect who requests, prior to making the
| ||||||
17 | statement, to respond to the
interrogator's questions only if
| ||||||
18 | an electronic recording is not made of the statement, provided | ||||||
19 | that an
electronic
recording is made of the statement of | ||||||
20 | agreeing to respond to
the interrogator's question, only if a | ||||||
21 | recording is not made of the statement,
(vii) of a
statement | ||||||
22 | made
during a custodial
interrogation that is conducted | ||||||
23 | out-of-state, (viii)
of a statement
given at a time when the | ||||||
24 | interrogators are unaware that a death has in fact
occurred, or | ||||||
25 | (ix) of any other
statement that may be
admissible under law. | ||||||
26 | The State shall bear the burden of proving, by a
preponderance |
| |||||||
| |||||||
1 | of the evidence, that one of the exceptions described in this
| ||||||
2 | subsection (e) is
applicable.
Nothing in
this Section precludes | ||||||
3 | the admission of a statement, otherwise inadmissible
under
this | ||||||
4 | Section, that is used only for impeachment and not as | ||||||
5 | substantive
evidence.
| ||||||
6 | (f) The presumption of inadmissibility of a statement made | ||||||
7 | by a suspect at
a custodial interrogation at a police station | ||||||
8 | or other place of detention may
be overcome by a preponderance | ||||||
9 | of the evidence
that
the statement was voluntarily given and is | ||||||
10 | reliable, based on the totality of
the
circumstances.
| ||||||
11 | (g) Any electronic recording of any statement made by an | ||||||
12 | accused during a
custodial interrogation that is compiled by | ||||||
13 | any law enforcement agency as
required by this Section for the | ||||||
14 | purposes of fulfilling the requirements of
this
Section shall | ||||||
15 | be confidential and exempt from public inspection and copying, | ||||||
16 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
17 | and the information
shall not be transmitted to anyone except | ||||||
18 | as needed to comply with this
Section.
| ||||||
19 | (Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | ||||||
20 | 94-117, eff. 7-5-05.)
| ||||||
21 | (725 ILCS 5/103-8) (from Ch. 38, par. 103-8)
| ||||||
22 | Sec. 103-8. Mandatory duty of officers.
| ||||||
23 | Any peace officer who intentionally prevents the exercise | ||||||
24 | by an accused
of any right conferred by this Article or who | ||||||
25 | intentionally fails to
perform any act required of him by this |
| |||||||
| |||||||
1 | Article shall be guilty of official
misconduct and may be | ||||||
2 | punished in accordance with Section 33-3 of the
" Criminal Code | ||||||
3 | of 2012 1961" approved July 28, 1961, as heretofore and | ||||||
4 | hereafter
amended .
| ||||||
5 | (Source: Laws 1963, p. 2836.)
| ||||||
6 | (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
| ||||||
7 | Sec. 108-4. Issuance of search warrant.
| ||||||
8 | (a) All warrants upon written complaint shall state the | ||||||
9 | time
and date of issuance and be the warrants of the judge | ||||||
10 | issuing the same and
not the warrants of the court in which he | ||||||
11 | is then sitting and such warrants
need not bear the seal of the | ||||||
12 | court or clerk thereof. The complaint on
which the warrant is | ||||||
13 | issued need not be filed with the clerk of the court
nor with | ||||||
14 | the court if there is no clerk until the warrant has been | ||||||
15 | executed
or has been returned "not executed".
| ||||||
16 | The search warrant upon written complaint may be issued | ||||||
17 | electronically or
electromagnetically
by use of a facsimile | ||||||
18 | transmission machine and any such warrant shall have
the same | ||||||
19 | validity as a written search warrant.
| ||||||
20 | (b) Warrant upon oral testimony.
| ||||||
21 | (1) General rule. When the offense in connection with
| ||||||
22 | which a search warrant is sought constitutes terrorism or | ||||||
23 | any related offense
as defined in Article 29D of the | ||||||
24 | Criminal Code of 2012 1961 , and if the
circumstances make | ||||||
25 | it reasonable to dispense, in whole or in part, with a
|
| |||||||
| |||||||
1 | written affidavit, a judge may issue a warrant based upon | ||||||
2 | sworn testimony
communicated by telephone or other | ||||||
3 | appropriate means, including facsimile
transmission.
| ||||||
4 | (2) Application. The person who is requesting the | ||||||
5 | warrant shall prepare a
document to be known as a duplicate | ||||||
6 | original warrant and shall read such
duplicate original | ||||||
7 | warrant, verbatim, to the judge. The judge shall enter,
| ||||||
8 | verbatim, what is so read to the judge on a document to be | ||||||
9 | known
as the original warrant. The judge may direct that | ||||||
10 | the warrant be modified.
| ||||||
11 | (3) Issuance. If the judge is satisfied that the
| ||||||
12 | offense in connection with which the search warrant is | ||||||
13 | sought constitutes
terrorism or any related offense as | ||||||
14 | defined in Article 29D of the Criminal Code
of 2012 1961 , | ||||||
15 | that the circumstances are such as to make it reasonable to | ||||||
16 | dispense
with a written affidavit, and that grounds for the | ||||||
17 | application exist or that
there is probable cause to | ||||||
18 | believe that they exist, the judge shall order the
issuance | ||||||
19 | of a warrant by directing the person requesting the warrant | ||||||
20 | to sign
the judge's name on the duplicate original warrant. | ||||||
21 | The judge shall immediately
sign the original warrant and | ||||||
22 | enter on the face of the original warrant the
exact time | ||||||
23 | when the warrant was ordered to be issued. The finding of | ||||||
24 | probable
cause for a warrant upon oral testimony may be | ||||||
25 | based on the same kind of
evidence as is sufficient for a | ||||||
26 | warrant upon affidavit.
|
| |||||||
| |||||||
1 | (4) Recording and certification of testimony. When a
| ||||||
2 | caller informs the judge that the purpose of the call is to | ||||||
3 | request a warrant,
the judge shall immediately place under | ||||||
4 | oath each person whose testimony forms
a basis of the | ||||||
5 | application and each person applying for that warrant. If a
| ||||||
6 | voice recording device is available, the judge shall record | ||||||
7 | by means of the
device all of the call after the caller | ||||||
8 | informs the judge that the purpose of
the call is to | ||||||
9 | request a warrant, otherwise a stenographic or longhand | ||||||
10 | verbatim
record shall be made. If a voice recording device | ||||||
11 | is used or a stenographic
record made, the judge shall have | ||||||
12 | the record transcribed, shall certify the
accuracy of the | ||||||
13 | transcription, and shall file a copy of the original record | ||||||
14 | and
the transcription with the court. If a longhand | ||||||
15 | verbatim record is made, the
judge shall file a signed copy | ||||||
16 | with the court.
| ||||||
17 | (5) Contents. The contents of a warrant upon oral
| ||||||
18 | testimony shall be the same as the contents of a warrant | ||||||
19 | upon affidavit.
| ||||||
20 | (6) Additional rule for execution. The person who
| ||||||
21 | executes the warrant shall enter the exact time of | ||||||
22 | execution on the face of the
duplicate original warrant.
| ||||||
23 | (7) Motion to suppress based on failure to obtain a | ||||||
24 | written affidavit.
Evidence obtained pursuant to a warrant | ||||||
25 | issued under this subsection (b) is not
subject to a motion | ||||||
26 | to suppress on the ground that the circumstances were not
|
| |||||||
| |||||||
1 | such as to make it reasonable to dispense with a written | ||||||
2 | affidavit, absent a
finding of bad faith. All other grounds | ||||||
3 | to move to suppress are preserved.
| ||||||
4 | (8) This subsection (b) is inoperative on and after | ||||||
5 | January 1, 2005.
| ||||||
6 | (9) No evidence obtained pursuant to this subsection | ||||||
7 | (b) shall be
inadmissible in a court of law by virtue of | ||||||
8 | subdivision (8).
| ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
10 | (725 ILCS 5/108-12) (from Ch. 38, par. 108-12)
| ||||||
11 | Sec. 108-12. Disposition of obscene material. In the case | ||||||
12 | of any material
seized which is alleged to have been possessed | ||||||
13 | or used or intended to be
used contrary to, or is evidence of a | ||||||
14 | violation of, Section 11-20 of the
" Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 ", approved July 28, 1961, as | ||||||
16 | heretofore and hereafter
amended , the court before which the | ||||||
17 | material is
returned shall, upon written request of any person | ||||||
18 | from whom the material
was seized or any person claiming | ||||||
19 | ownership or other right to possession
of such material, enter | ||||||
20 | an order providing for a hearing to determine the
obscene | ||||||
21 | nature thereof not more than 10 days after such return. If the | ||||||
22 | material
is determined to be obscene it shall be held pending | ||||||
23 | further proceedings
as provided by Section 108-11 of this Code. | ||||||
24 | If
the material is determined not to be obscene it shall be | ||||||
25 | returned to the
person from whom or place from which it was |
| |||||||
| |||||||
1 | seized, or to the person
claiming ownership or other right to | ||||||
2 | possession of such material; provided
that enough of the record | ||||||
3 | material may be retained by the State for
purposes of appellate | ||||||
4 | proceedings. The decision of the court upon this
hearing shall | ||||||
5 | not be admissible as evidence in any other proceeding nor
shall | ||||||
6 | it be res judicata of any question in any other proceeding.
| ||||||
7 | (Source: P.A. 83-334.)
| ||||||
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 writing | ||||||
12 | or
by law to act for him and to perform his duties during his | ||||||
13 | absence or
disability, may authorize, in writing, an ex parte | ||||||
14 | application to the chief
judge of a court of competent | ||||||
15 | jurisdiction for an order authorizing the
interception of a | ||||||
16 | private communication when no
party has consented to
the | ||||||
17 | interception and (i) the interception may provide evidence of, | ||||||
18 | or may
assist in the apprehension of a person who has | ||||||
19 | committed, is committing or
is about to commit, a violation of | ||||||
20 | Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation | ||||||
21 | of murder for hire), 9-1 (first degree murder), 10-9 | ||||||
22 | (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 juvenile | ||||||
25 | prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section |
| |||||||
| |||||||
1 | 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a | ||||||
2 | minor engaged in prostitution), 11-16 (pandering), 11-17.1 | ||||||
3 | (keeping a place of juvenile prostitution), 11-18.1 | ||||||
4 | (patronizing a minor engaged in prostitution), 11-19.1 | ||||||
5 | (juvenile pimping and aggravated juvenile pimping), or 29B-1
| ||||||
6 | (money laundering) of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012 ,
Section 401, 401.1 (controlled substance
| ||||||
8 | trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of | ||||||
9 | the Illinois
Controlled Substances Act or any Section of the | ||||||
10 | Methamphetamine Control and Community Protection Act, a | ||||||
11 | violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, | ||||||
12 | 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
| ||||||
13 | 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012
or | ||||||
15 | conspiracy to commit money laundering or
conspiracy to commit | ||||||
16 | first degree murder; (ii)
in response to a clear and present | ||||||
17 | danger of imminent death or great bodily
harm to persons | ||||||
18 | resulting from: (1) a kidnapping or the holding of a
hostage by | ||||||
19 | force or the threat of the imminent use of force; or (2) the
| ||||||
20 | occupation by force or the threat of the imminent use of force | ||||||
21 | of any
premises, place, vehicle, vessel or aircraft; (iii) to | ||||||
22 | aid an investigation
or prosecution of a civil action brought | ||||||
23 | under the Illinois Streetgang
Terrorism Omnibus Prevention Act | ||||||
24 | when there is probable cause to
believe the
interception of the | ||||||
25 | private communication will
provide evidence that a
streetgang | ||||||
26 | is committing, has committed, or will commit a second or |
| |||||||
| |||||||
1 | subsequent
gang-related offense or that the interception of the | ||||||
2 | private
communication
will aid in the collection of a judgment | ||||||
3 | entered under that Act; or (iv)
upon
information and belief | ||||||
4 | that a streetgang has committed, is committing, or is
about to | ||||||
5 | commit a felony. | ||||||
6 | (b) The State's Attorney or a person designated in writing | ||||||
7 | or by law to
act for the State's Attorney and to perform his or | ||||||
8 | her duties during his or her
absence or disability, may | ||||||
9 | authorize, in writing, an ex parte application to
the chief | ||||||
10 | judge of a circuit court for an order authorizing
the | ||||||
11 | interception of a private communication when no
party has | ||||||
12 | consented to the interception and the interception may provide
| ||||||
13 | evidence of, or may assist in the apprehension of a person who | ||||||
14 | has committed,
is committing or is about to commit, a violation | ||||||
15 | of an offense under Article
29D of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012 . | ||||||
17 | (b-1) Subsection (b) is inoperative on and after January 1, | ||||||
18 | 2005. | ||||||
19 | (b-2) No conversations recorded or monitored pursuant to | ||||||
20 | subsection (b)
shall be made inadmissible in a court of law by | ||||||
21 | virtue of subsection (b-1). | ||||||
22 | (c) As used in this Section, "streetgang" and | ||||||
23 | "gang-related" have the
meanings ascribed to them in Section 10 | ||||||
24 | of the Illinois Streetgang Terrorism
Omnibus Prevention Act. | ||||||
25 | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | ||||||
26 | 97-897, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/108B-7.5)
| ||||||
2 | Sec. 108B-7.5. Applicability.
| ||||||
3 | (a) The requirements of
subdivisions (a)(3)(iv) and | ||||||
4 | (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section | ||||||
5 | 108B-5, and subdivision (a)(3) of Section 108B-7 of this | ||||||
6 | Article
relating to the specification of
the facilities from | ||||||
7 | which, or the place where, the communication is to be
| ||||||
8 | intercepted do not apply if:
| ||||||
9 | (1) in the case of an application with respect to the | ||||||
10 | interception of an
oral communication:
| ||||||
11 | (A) the application is by the State's Attorney, or | ||||||
12 | a person
designated in writing or by law to act for the | ||||||
13 | State's Attorney and to perform
his or her duties
| ||||||
14 | during his or her absence or disability;
| ||||||
15 | (B) the application contains a full and complete | ||||||
16 | statement as to
why such specification is not practical | ||||||
17 | and identifies the person
committing the offense and | ||||||
18 | whose communications are to be
intercepted;
| ||||||
19 | (C) the judge finds that such specification is not | ||||||
20 | practical; and
| ||||||
21 | (D) the order sought is in connection with an | ||||||
22 | investigation of a
violation of
Article 29D of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
24 | (2) in the case of an application with respect to a | ||||||
25 | wire or electronic
communication:
|
| |||||||
| |||||||
1 | (A) the application is by the State's Attorney, or | ||||||
2 | a person designated
in writing or by law to act for the | ||||||
3 | State's Attorney and to perform his or her
duties | ||||||
4 | during his or her absence or disability;
| ||||||
5 | (B) the application identifies the person believed | ||||||
6 | to be committing the
offense and whose communications | ||||||
7 | are to be intercepted and the applicant makes
a showing | ||||||
8 | that there is probable cause to believe that the | ||||||
9 | person's actions
could have the effect of thwarting | ||||||
10 | interception from a specified facility;
| ||||||
11 | (C) the judge finds that such showing has been | ||||||
12 | adequately made;
| ||||||
13 | (D) the order authorizing or approving the | ||||||
14 | interception is limited to
interception only for such | ||||||
15 | time as it is reasonable to presume that the person
| ||||||
16 | identified in the application is or was reasonably | ||||||
17 | proximate to the instrument
through which such | ||||||
18 | communication will be or was transmitted; and
| ||||||
19 | (E) the order sought is in connection with an | ||||||
20 | investigation of a
violation of Article 29D of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
22 | (b) An interception of a communication under an order with | ||||||
23 | respect to which
the requirements of
subdivisions (a)(3)(iv) | ||||||
24 | and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section | ||||||
25 | 108B-5, and subdivision (a)(3) of Section 108B-7 of this | ||||||
26 | Article do
not apply by reason of this Section
shall not begin |
| |||||||
| |||||||
1 | until the place where the communication is to be intercepted is
| ||||||
2 | ascertained by the person implementing the interception order. | ||||||
3 | A provider of
wire or electronic communications service that | ||||||
4 | has received an order as
provided for in subdivision (a)(2) may | ||||||
5 | upon notice to the People move the court
to modify or quash the
| ||||||
6 | order on the ground that its assistance with respect to the | ||||||
7 | interception cannot
be performed in a timely or reasonable | ||||||
8 | fashion. The court
shall decide such a motion expeditiously.
| ||||||
9 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
10 | (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
| ||||||
11 | Sec. 108B-8. Emergency use of eavesdropping device.
| ||||||
12 | (a) Whenever,
upon informal application by the State's | ||||||
13 | Attorney,
a chief judge of competent jurisdiction determines | ||||||
14 | that:
| ||||||
15 | (1) there may be grounds upon which an order could be | ||||||
16 | issued under this
Article;
| ||||||
17 | (2) there is probable cause to believe that an | ||||||
18 | emergency situation exists
with respect to the | ||||||
19 | investigation of an offense enumerated in Section 108B-3;
| ||||||
20 | and
| ||||||
21 | (3) there is probable cause to believe that a | ||||||
22 | substantial danger to life
or limb exists justifying the | ||||||
23 | authorization for immediate interception of
a private | ||||||
24 | communication before formal application
for an order could | ||||||
25 | with
due diligence be submitted to him and acted upon;
the |
| |||||||
| |||||||
1 | chief judge may grant oral approval for an interception, | ||||||
2 | without an order,
conditioned upon the filing with him, | ||||||
3 | within 48 hours, of an application
for an order under | ||||||
4 | Section 108B-4 which shall also recite the oral approval
| ||||||
5 | under this Section and be retroactive to the time
of the | ||||||
6 | oral approval.
| ||||||
7 | (b) Interception under oral approval under this Section | ||||||
8 | shall immediately
terminate when the communication sought is | ||||||
9 | obtained or when the application
for an order is denied, | ||||||
10 | whichever is earlier.
| ||||||
11 | (c) In the event no formal application for an order is | ||||||
12 | subsequently made
under this Section,
the content of any | ||||||
13 | private communication
intercepted under oral approval
under | ||||||
14 | this Section shall be treated as having been obtained in | ||||||
15 | violation
of this Article.
| ||||||
16 | (d) In the event no application for an order is made under | ||||||
17 | this Section
or an application made under this Section is | ||||||
18 | subsequently denied, the judge
shall cause an
inventory to be | ||||||
19 | served under Section 108B-11 of this Article and shall require
| ||||||
20 | the tape or other recording of the intercepted communication to | ||||||
21 | be delivered
to, and sealed by, the judge. The evidence shall | ||||||
22 | be retained by the court,
and it shall not be used or disclosed | ||||||
23 | in any legal proceeding, except a
civil action brought by an | ||||||
24 | aggrieved person under Section 14-6 of the Criminal
Code of | ||||||
25 | 1961 or the Criminal Code of 2012 , or as otherwise authorized | ||||||
26 | by the order of a court of competent
jurisdiction. In addition |
| |||||||
| |||||||
1 | to other remedies or penalties provided by law,
failure to | ||||||
2 | deliver any tape or other recording to the chief judge shall be
| ||||||
3 | punishable
as contempt by the judge directing the delivery.
| ||||||
4 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
5 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||||||
6 | Sec. 109-3.
Preliminary examination.)
(a) The judge shall | ||||||
7 | hold the defendant to answer to the court having
jurisdiction | ||||||
8 | of the offense if from the evidence it appears there is
| ||||||
9 | probable cause to believe an offense has been committed by the
| ||||||
10 | defendant, as provided in Section 109-3.1 of this Code, if the | ||||||
11 | offense is a felony.
| ||||||
12 | (b) If the defendant waives preliminary examination the | ||||||
13 | judge shall hold
him to answer and may, or on the demand of the | ||||||
14 | prosecuting attorney shall,
cause the witnesses for the State | ||||||
15 | to be examined. After hearing the
testimony if it appears that | ||||||
16 | there is not probable cause to believe the
defendant guilty of | ||||||
17 | any offense the judge shall discharge him.
| ||||||
18 | (c) During the examination of any witness or when the | ||||||
19 | defendant is
making a statement or testifying the judge may and | ||||||
20 | on the request of the
defendant or State shall exclude all | ||||||
21 | other witnesses. He may also cause the
witnesses to be kept | ||||||
22 | separate and to be prevented from communicating with
each other | ||||||
23 | until all are examined.
| ||||||
24 | (d) If the defendant is held to answer the judge may | ||||||
25 | require any
material witness for the State or defendant to |
| |||||||
| |||||||
1 | enter into a written
undertaking to appear at the trial, and | ||||||
2 | may provide for the forfeiture of a
sum certain in the event | ||||||
3 | the witness does not appear at the trial. Any
witness who | ||||||
4 | refuses to execute a recognizance may be committed by the judge
| ||||||
5 | to the custody of the sheriff until trial or further order of | ||||||
6 | the court
having jurisdiction of the cause. Any witness who | ||||||
7 | executes a recognizance
and fails to comply with its terms | ||||||
8 | shall, in addition to any forfeiture
provided in the | ||||||
9 | recognizance, be subject to the penalty provided in Section
| ||||||
10 | 32-10 of the " Criminal Code of 2012 1961", approved July 28, | ||||||
11 | 1961, as
heretofore and hereafter amended, for violation of | ||||||
12 | bail bond.
| ||||||
13 | (e) During preliminary hearing or examination the | ||||||
14 | defendant may move for
an order of suppression of evidence | ||||||
15 | pursuant to Section 114-11 or 114-12
of this Act or for other | ||||||
16 | reasons, and may move for dismissal of the charge
pursuant to | ||||||
17 | Section 114-1 of this Act or for other reasons.
| ||||||
18 | (Source: P.A. 83-644.)
| ||||||
19 | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| ||||||
20 | Sec. 110-2. Release on own recognizance. When from all the | ||||||
21 | circumstances the court is of the opinion that the
defendant | ||||||
22 | will appear as required either before or after
conviction and | ||||||
23 | the
defendant will not pose a danger to any person or the | ||||||
24 | community
and that the
defendant will comply with all | ||||||
25 | conditions of bond, which
shall include the defendant's current |
| |||||||
| |||||||
1 | address with a written admonishment to
the defendant that he or | ||||||
2 | she must comply with the provisions of Section 110-12
of this | ||||||
3 | Code regarding any change in his or her address, the defendant | ||||||
4 | may be released on his or her own recognizance. The
defendant's | ||||||
5 | address shall at all times remain a matter of public record | ||||||
6 | with
the clerk of the court. A failure to appear as
required by | ||||||
7 | such recognizance shall constitute an offense subject to the
| ||||||
8 | penalty provided in Section 32-10 of the " Criminal Code of 2012 | ||||||
9 | 1961", approved
July 28, 1961, as heretofore and hereafter | ||||||
10 | amended, for violation of the
bail bond, and any obligated sum | ||||||
11 | fixed in the recognizance shall be
forfeited and collected in | ||||||
12 | accordance with subsection (g) of Section 110-7
of this Code.
| ||||||
13 | This Section shall be liberally construed to effectuate the | ||||||
14 | purpose of
relying upon contempt of court proceedings or | ||||||
15 | criminal sanctions
instead of financial loss to assure the
| ||||||
16 | appearance of the defendant, and that the defendant will not | ||||||
17 | pose a danger to
any person or the community and that the | ||||||
18 | defendant will comply with all
conditions of bond. Monetary | ||||||
19 | bail should be set only when it is
determined that no other | ||||||
20 | conditions of release will reasonably assure the
defendant's | ||||||
21 | appearance in court, that the defendant does not present a
| ||||||
22 | danger to any person or the community and that the defendant | ||||||
23 | will comply
with all conditions of bond.
| ||||||
24 | The State may appeal any order permitting release by | ||||||
25 | personal recognizance.
| ||||||
26 | (Source: P.A. 89-377, eff. 8-18-95.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||||||
2 | Sec. 110-4. Bailable Offenses.
| ||||||
3 | (a) All persons shall be bailable before conviction, except | ||||||
4 | the
following offenses where the proof is evident or the | ||||||
5 | presumption great that
the defendant is guilty of the offense: | ||||||
6 | capital offenses; offenses for
which a sentence of life | ||||||
7 | imprisonment may be imposed as a consequence of
conviction; | ||||||
8 | felony offenses for which a sentence of imprisonment,
without | ||||||
9 | conditional and revocable release, shall be imposed
by law as a | ||||||
10 | consequence of conviction, where the court after a hearing,
| ||||||
11 | determines that the release of the defendant would pose a real | ||||||
12 | and present
threat to the physical safety of any person or | ||||||
13 | persons; stalking or
aggravated stalking, where the court, | ||||||
14 | after a hearing, determines that the
release of the defendant | ||||||
15 | would pose a real and present threat to the
physical safety of | ||||||
16 | the alleged victim of the offense and denial of bail
is | ||||||
17 | necessary to prevent fulfillment of the threat upon which the | ||||||
18 | charge
is based;
or unlawful use of weapons in violation of | ||||||
19 | item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012 when that offense occurred | ||||||
21 | in a school or in any
conveyance owned,
leased, or contracted | ||||||
22 | by a school to transport students to or from school or a
| ||||||
23 | school-related
activity, or on any public way within 1,000 feet | ||||||
24 | of real property comprising
any school, where
the court, after | ||||||
25 | a hearing, determines that the release of the defendant would
|
| |||||||
| |||||||
1 | pose a real and
present threat to the physical safety of any | ||||||
2 | person and denial of bail is
necessary to prevent
fulfillment | ||||||
3 | of that threat; or making a terrorist threat in violation of
| ||||||
4 | Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012 or an attempt to commit the offense of making a | ||||||
6 | terrorist threat, where the court, after a hearing, determines | ||||||
7 | that the release of the defendant would pose a real and present | ||||||
8 | threat to the physical safety of any person and denial of bail | ||||||
9 | is necessary to prevent fulfillment of that threat.
| ||||||
10 | (b) A person seeking release on bail who is charged with a | ||||||
11 | capital
offense or an offense for which a sentence of life | ||||||
12 | imprisonment may be
imposed shall not be bailable until a | ||||||
13 | hearing is held wherein such person
has the burden of | ||||||
14 | demonstrating that the proof of his guilt is not evident
and | ||||||
15 | the presumption is not great.
| ||||||
16 | (c) Where it is alleged that bail should be denied to a | ||||||
17 | person upon the
grounds that the person presents a real and | ||||||
18 | present threat to the physical
safety of any person or persons, | ||||||
19 | the burden of proof of such allegations
shall be upon the | ||||||
20 | State.
| ||||||
21 | (d) When it is alleged that bail should be denied to a | ||||||
22 | person
charged with stalking or aggravated stalking upon the | ||||||
23 | grounds set forth in
Section 110-6.3 of this Code, the burden | ||||||
24 | of proof of those allegations shall be
upon the State.
| ||||||
25 | (Source: P.A. 95-952, eff. 8-29-08.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
2 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
3 | of release.
| ||||||
4 | (a) In determining the amount of monetary bail or | ||||||
5 | conditions of release, if
any,
which will reasonably assure the | ||||||
6 | appearance of a defendant as required or
the safety of any | ||||||
7 | other person or the community and the likelihood of
compliance | ||||||
8 | by the
defendant with all the conditions of bail, the court | ||||||
9 | shall, on the
basis of available information, take into account | ||||||
10 | such matters as the
nature and circumstances of the offense | ||||||
11 | charged, whether the evidence
shows that as part of the offense | ||||||
12 | there was a use of violence or threatened
use of violence, | ||||||
13 | whether the offense involved corruption of public
officials or | ||||||
14 | employees, whether there was physical harm or threats of | ||||||
15 | physical
harm to any
public official, public employee, judge, | ||||||
16 | prosecutor, juror or witness,
senior citizen, child or | ||||||
17 | handicapped person, whether evidence shows that
during the | ||||||
18 | offense or during the arrest the defendant possessed or used a
| ||||||
19 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
20 | explosive
bomb device or any military or paramilitary armament,
| ||||||
21 | whether the evidence
shows that the offense committed was | ||||||
22 | related to or in furtherance of the
criminal activities of an | ||||||
23 | organized gang or was motivated by the defendant's
membership | ||||||
24 | in or allegiance to an organized gang,
the condition of the
| ||||||
25 | victim, any written statement submitted by the victim or | ||||||
26 | proffer or
representation by the State regarding the
impact |
| |||||||
| |||||||
1 | which the alleged criminal conduct has had on the victim and | ||||||
2 | the
victim's concern, if any, with further contact with the | ||||||
3 | defendant if
released on bail, whether the offense was based on | ||||||
4 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
5 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
6 | conviction, the sentence applicable upon conviction, the | ||||||
7 | weight of the evidence
against such defendant, whether there | ||||||
8 | exists motivation or ability to
flee, whether there is any | ||||||
9 | verification as to prior residence, education,
or family ties | ||||||
10 | in the local jurisdiction, in another county,
state or foreign | ||||||
11 | country, the defendant's employment, financial resources,
| ||||||
12 | character and mental condition, past conduct, prior use of | ||||||
13 | alias names or
dates of birth, and length of residence in the | ||||||
14 | community,
the consent of the defendant to periodic drug | ||||||
15 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
16 | national defendant is lawfully admitted in the United
States of | ||||||
17 | America, whether the government of the foreign national
| ||||||
18 | maintains an extradition treaty with the United States by which | ||||||
19 | the foreign
government will extradite to the United States its | ||||||
20 | national for a trial for
a crime allegedly committed in the | ||||||
21 | United States, whether the defendant is
currently subject to | ||||||
22 | deportation or exclusion under the immigration laws of
the | ||||||
23 | United States, whether the defendant, although a United States | ||||||
24 | citizen,
is considered under the law of any foreign state a | ||||||
25 | national of that state
for the purposes of extradition or | ||||||
26 | non-extradition to the United States,
the amount of unrecovered |
| |||||||
| |||||||
1 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
2 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
3 | from the totality of the court's consideration,
the loss of | ||||||
4 | funds posted or sought to be posted for bail will not deter the
| ||||||
5 | defendant from flight, whether the evidence shows that the | ||||||
6 | defendant is
engaged in significant
possession, manufacture, | ||||||
7 | or delivery of a controlled substance or cannabis,
either | ||||||
8 | individually or in consort with others,
whether at the time of | ||||||
9 | the offense
charged he was on bond or pre-trial release pending | ||||||
10 | trial, probation,
periodic imprisonment or conditional | ||||||
11 | discharge pursuant to this Code or the
comparable Code of any | ||||||
12 | other state or federal jurisdiction, whether the
defendant is | ||||||
13 | on bond or
pre-trial release pending the imposition or | ||||||
14 | execution of sentence or appeal of
sentence for any offense | ||||||
15 | under the laws of Illinois or any other state or
federal | ||||||
16 | jurisdiction, whether the defendant is under parole or | ||||||
17 | mandatory
supervised release or
work release from the Illinois | ||||||
18 | Department of Corrections or any penal
institution or | ||||||
19 | corrections department of any state or federal
jurisdiction, | ||||||
20 | the defendant's record of convictions, whether the defendant | ||||||
21 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
22 | Illinois or similar
offense in other state or federal | ||||||
23 | jurisdiction within the 10 years
preceding the current charge | ||||||
24 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
25 | convicted of an offense in another state or federal
| ||||||
26 | jurisdiction that would
be a felony if committed in Illinois |
| |||||||
| |||||||
1 | within the 20 years preceding the
current charge or has been | ||||||
2 | convicted of such felony and released from the
penitentiary | ||||||
3 | within 20 years preceding the current charge if a
penitentiary | ||||||
4 | sentence was imposed in Illinois or other state or federal
| ||||||
5 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
6 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
7 | failure to appear by
the defendant at
court proceedings, | ||||||
8 | whether there was flight to avoid arrest or
prosecution, | ||||||
9 | whether the defendant escaped or
attempted to escape to avoid | ||||||
10 | arrest, whether the defendant refused to
identify himself, or | ||||||
11 | whether there was a refusal by the defendant to be
| ||||||
12 | fingerprinted as required by law. Information used by the court | ||||||
13 | in its
findings or stated in or
offered in connection with this | ||||||
14 | Section may be by way of proffer based upon
reliable | ||||||
15 | information offered by the State or defendant.
All evidence | ||||||
16 | shall be admissible if it is relevant and
reliable regardless | ||||||
17 | of whether it would be admissible under the rules of
evidence | ||||||
18 | applicable at criminal trials.
If the State presents evidence | ||||||
19 | that the offense committed by the defendant
was related to or | ||||||
20 | in furtherance of the criminal activities of an organized
gang | ||||||
21 | or was motivated by the defendant's membership in or allegiance | ||||||
22 | to an
organized gang, and if the court determines that the | ||||||
23 | evidence may be
substantiated, the court shall prohibit the | ||||||
24 | defendant from associating with
other members of the organized | ||||||
25 | gang as a condition of bail or release.
For the purposes of | ||||||
26 | this Section,
"organized gang" has the meaning ascribed to it |
| |||||||
| |||||||
1 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
2 | Prevention Act.
| ||||||
3 | (b) The amount of bail shall be:
| ||||||
4 | (1) Sufficient to assure compliance with the | ||||||
5 | conditions set forth in the
bail bond, which shall include | ||||||
6 | the defendant's current address with a written
| ||||||
7 | admonishment to the defendant that he or she must comply | ||||||
8 | with the provisions of
Section 110-12 regarding any change | ||||||
9 | in his or her address. The defendant's
address shall at all | ||||||
10 | times remain a matter of public record with the clerk
of | ||||||
11 | the court.
| ||||||
12 | (2) Not oppressive.
| ||||||
13 | (3) Considerate of the financial ability of the | ||||||
14 | accused.
| ||||||
15 | (4) When a person is charged with a drug related | ||||||
16 | offense involving
possession or delivery of cannabis or | ||||||
17 | possession or delivery of a
controlled substance as defined | ||||||
18 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
19 | Substances Act, or the Methamphetamine Control and | ||||||
20 | Community Protection Act, the full street value
of the | ||||||
21 | drugs seized shall be considered. "Street value" shall be
| ||||||
22 | determined by the court on the basis of a proffer by the | ||||||
23 | State based upon
reliable information of a law enforcement | ||||||
24 | official contained in a written
report as to the amount | ||||||
25 | seized and such proffer may be used by the court as
to the | ||||||
26 | current street value of the smallest unit of the drug |
| |||||||
| |||||||
1 | seized.
| ||||||
2 | (b-5) Upon the filing of a written request demonstrating | ||||||
3 | reasonable cause, the State's Attorney may request a source of | ||||||
4 | bail hearing either before or after the posting of any funds.
| ||||||
5 | If the hearing is granted, before the posting of any bail, the | ||||||
6 | accused must file a written notice requesting that the court | ||||||
7 | conduct a source of bail hearing. The notice must be | ||||||
8 | accompanied by justifying affidavits stating the legitimate | ||||||
9 | and lawful source of funds for bail. At the hearing, the court | ||||||
10 | shall inquire into any matters stated in any justifying | ||||||
11 | affidavits, and may also inquire into matters appropriate to | ||||||
12 | the determination which shall include, but are not limited to, | ||||||
13 | the following: | ||||||
14 | (1) the background, character, reputation, and | ||||||
15 | relationship to the accused of any surety; and | ||||||
16 | (2) the source of any money or property deposited by | ||||||
17 | any surety, and whether any such money or property | ||||||
18 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
19 | (3) the source of any money posted as cash bail, and | ||||||
20 | whether any such money constitutes the fruits of criminal | ||||||
21 | or unlawful conduct; and | ||||||
22 | (4) the background, character, reputation, and | ||||||
23 | relationship to the accused of the person posting cash | ||||||
24 | bail. | ||||||
25 | Upon setting the hearing, the court shall examine, under | ||||||
26 | oath, any persons who may possess material information. |
| |||||||
| |||||||
1 | The State's Attorney has a right to attend the hearing, to | ||||||
2 | call witnesses and to examine any witness in the proceeding. | ||||||
3 | The court shall, upon request of the State's Attorney, continue | ||||||
4 | the proceedings for a reasonable period to allow the State's | ||||||
5 | Attorney to investigate the matter raised in any testimony or | ||||||
6 | affidavit.
If the hearing is granted after the accused has | ||||||
7 | posted bail, the court shall conduct a hearing consistent with | ||||||
8 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
9 | court must issue an order either approving of disapproving the | ||||||
10 | bail.
| ||||||
11 | (c) When a person is charged with an offense punishable by | ||||||
12 | fine only the
amount of the bail shall not exceed double the | ||||||
13 | amount of the maximum penalty.
| ||||||
14 | (d) When a person has been convicted of an offense and only | ||||||
15 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
16 | double the amount of
the fine.
| ||||||
17 | (e) The State may appeal any order granting bail or setting
| ||||||
18 | a given amount for bail. | ||||||
19 | (f) When a person is charged with a violation of an order | ||||||
20 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 , | ||||||
22 | (1) whether the alleged incident involved harassment | ||||||
23 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
24 | of 1986; | ||||||
25 | (2) whether the person has a history of domestic | ||||||
26 | violence, as defined in the Illinois Domestic Violence Act, |
| |||||||
| |||||||
1 | or a history of other criminal acts; | ||||||
2 | (3) based on the mental health of the person; | ||||||
3 | (4) whether the person has a history of violating the | ||||||
4 | orders of any court or governmental entity; | ||||||
5 | (5) whether the person has been, or is, potentially a | ||||||
6 | threat to any other person; | ||||||
7 | (6) whether the person has access to deadly weapons or | ||||||
8 | a history of using deadly weapons; | ||||||
9 | (7) whether the person has a history of abusing alcohol | ||||||
10 | or any controlled substance; | ||||||
11 | (8) based on the severity of the alleged incident that | ||||||
12 | is the basis of the alleged offense, including, but not | ||||||
13 | limited to, the duration of the current incident, and | ||||||
14 | whether the alleged incident involved physical injury, | ||||||
15 | sexual assault, strangulation, abuse during the alleged | ||||||
16 | victim's pregnancy, abuse of pets, or forcible entry to | ||||||
17 | gain access to the alleged victim; | ||||||
18 | (9) whether a separation of the person from the alleged | ||||||
19 | victim or a termination of the relationship between the | ||||||
20 | person and the alleged victim has recently occurred or is | ||||||
21 | pending; | ||||||
22 | (10) whether the person has exhibited obsessive or | ||||||
23 | controlling behaviors toward the alleged victim, | ||||||
24 | including, but not limited to, stalking, surveillance, or | ||||||
25 | isolation of the alleged victim or victim's family member | ||||||
26 | or members; |
| |||||||
| |||||||
1 | (11) whether the person has expressed suicidal or | ||||||
2 | homicidal ideations; | ||||||
3 | (12) based on any information contained in the | ||||||
4 | complaint and any police reports, affidavits, or other | ||||||
5 | documents accompanying the complaint, | ||||||
6 | the court may, in its discretion, order the respondent to | ||||||
7 | undergo a risk assessment evaluation conducted by an Illinois | ||||||
8 | Department of Human Services approved partner abuse | ||||||
9 | intervention program provider, pretrial service, probation, or | ||||||
10 | parole agency. These agencies shall have access to summaries of | ||||||
11 | the defendant's criminal history, which shall not include | ||||||
12 | victim interviews or information, for the risk evaluation. | ||||||
13 | Based on the information collected from the 12 points to be | ||||||
14 | considered at a bail hearing for a violation of an order of | ||||||
15 | protection, the results of any risk evaluation conducted and | ||||||
16 | the other circumstances of the violation, the court may order | ||||||
17 | that the person, as a condition of bail, be placed under | ||||||
18 | electronic surveillance as provided in Section 5-8A-7 of the | ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09; | ||||||
21 | 96-1551, eff. 7-1-11 .)
| ||||||
22 | (725 ILCS 5/110-5.1) | ||||||
23 | Sec. 110-5.1. Bail; certain persons charged with violent | ||||||
24 | crimes against family or household members. | ||||||
25 | (a) Subject to subsection (c), a person who is charged with |
| |||||||
| |||||||
1 | a violent crime shall appear before the court for the setting | ||||||
2 | of bail if the alleged victim was a family or household member | ||||||
3 | at the time of the alleged offense, and if any of the following | ||||||
4 | applies: | ||||||
5 | (1) the person charged, at the time of the alleged | ||||||
6 | offense, was subject to the terms of an order of protection | ||||||
7 | issued under Section 112A-14 of this Code or Section 214 of | ||||||
8 | the Illinois Domestic Violence Act of 1986 or previously | ||||||
9 | was convicted of a violation of an order of protection | ||||||
10 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012 or a violent crime if the | ||||||
12 | victim was a family or household member at the time of the | ||||||
13 | offense or a violation of a substantially similar municipal | ||||||
14 | ordinance or law of this or any other state or the United | ||||||
15 | States if the victim was a family or household member at | ||||||
16 | the time of the offense; | ||||||
17 | (2) the arresting officer indicates in a police report | ||||||
18 | or other document accompanying the complaint any of the | ||||||
19 | following: | ||||||
20 | (A) that the arresting officer observed on the | ||||||
21 | alleged victim objective manifestations of physical | ||||||
22 | harm that the arresting officer reasonably believes | ||||||
23 | are a result of the alleged offense; | ||||||
24 | (B) that the arresting officer reasonably believes | ||||||
25 | that the person had on the person's person at the time | ||||||
26 | of the alleged offense a deadly weapon; |
| |||||||
| |||||||
1 | (C) that the arresting officer reasonably believes | ||||||
2 | that the person presents a credible threat of serious | ||||||
3 | physical harm to the alleged victim or to any other | ||||||
4 | person if released on bail before trial. | ||||||
5 | (b) To the extent that information about any of the | ||||||
6 | following is available to the court, the court shall consider | ||||||
7 | all of the following, in addition to any other circumstances | ||||||
8 | considered by the court, before setting bail for a person who | ||||||
9 | appears before the court pursuant to subsection (a): | ||||||
10 | (1) whether the person has a history of domestic | ||||||
11 | violence or a history of other violent acts; | ||||||
12 | (2) the mental health of the person; | ||||||
13 | (3) whether the person has a history of violating the | ||||||
14 | orders of any court or governmental entity; | ||||||
15 | (4) whether the person is potentially a threat to any | ||||||
16 | other person; | ||||||
17 | (5) whether the person has access to deadly weapons or | ||||||
18 | a history of using deadly weapons; | ||||||
19 | (6) whether the person has a history of abusing alcohol | ||||||
20 | or any controlled substance; | ||||||
21 | (7) the severity of the alleged violence that is the | ||||||
22 | basis of the alleged offense, including, but not limited | ||||||
23 | to, the duration of the alleged violent incident, and | ||||||
24 | whether the alleged violent incident involved serious | ||||||
25 | physical injury, sexual assault, strangulation, abuse | ||||||
26 | during the alleged victim's pregnancy, abuse of pets, or |
| |||||||
| |||||||
1 | forcible entry to gain access to the alleged victim; | ||||||
2 | (8) whether a separation of the person from the alleged | ||||||
3 | victim or a termination of the relationship between the | ||||||
4 | person and the alleged victim has recently occurred or is | ||||||
5 | pending; | ||||||
6 | (9) whether the person has exhibited obsessive or | ||||||
7 | controlling behaviors toward the alleged victim, | ||||||
8 | including, but not limited to, stalking, surveillance, or | ||||||
9 | isolation of the alleged victim; | ||||||
10 | (10) whether the person has expressed suicidal or | ||||||
11 | homicidal ideations; | ||||||
12 | (11) any information contained in the complaint and any | ||||||
13 | police reports, affidavits, or other documents | ||||||
14 | accompanying the complaint. | ||||||
15 | (c) Upon the court's own motion or the motion of a party | ||||||
16 | and upon any terms that the court may direct, a court may | ||||||
17 | permit a person who is required to appear before it by | ||||||
18 | subsection (a) to appear by video conferencing equipment. If, | ||||||
19 | in the opinion of the court, the appearance in person or by | ||||||
20 | video conferencing equipment of a person who is charged with a | ||||||
21 | misdemeanor and who is required to appear before the court by | ||||||
22 | subsection (a) is not practicable, the court may waive the | ||||||
23 | appearance and release the person on bail on one or both of the | ||||||
24 | following types of bail in an amount set by the court: | ||||||
25 | (1) a bail bond secured by a deposit of 10% of the | ||||||
26 | amount of the bond in cash; |
| |||||||
| |||||||
1 | (2) a surety bond, a bond secured by real estate or | ||||||
2 | securities as allowed by law, or the deposit of cash, at | ||||||
3 | the option of the person. | ||||||
4 | Subsection (a) does not create a right in a person to | ||||||
5 | appear before the court for the setting of bail or prohibit a | ||||||
6 | court from requiring any person charged with a violent crime | ||||||
7 | who is not described in subsection (a) from appearing before | ||||||
8 | the court for the setting of bail. | ||||||
9 | (d) As used in this Section: | ||||||
10 | (1) "Violent crime" has the meaning ascribed to it in | ||||||
11 | Section 3 of the Rights of Crime Victims and Witnesses Act. | ||||||
12 | (2) "Family or household member" has the meaning | ||||||
13 | ascribed to it in Section 112A-3 of this Code.
| ||||||
14 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
15 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||||||
16 | Sec. 110-6. (a) Upon verified application by
the State or | ||||||
17 | the defendant or on its own motion the court before which the
| ||||||
18 | proceeding is
pending may increase or reduce the amount of bail | ||||||
19 | or may alter the
conditions of the bail bond or grant bail | ||||||
20 | where it has been previously
revoked or denied.
If bail has | ||||||
21 | been previously revoked pursuant to subsection (f) of this
| ||||||
22 | Section or if bail has been denied to the defendant pursuant to | ||||||
23 | subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||||||
24 | 110-6.3, the defendant
shall
be required to present a
verified | ||||||
25 | application setting forth in detail any new facts not known or
|
| |||||||
| |||||||
1 | obtainable at the time of the previous revocation or denial of | ||||||
2 | bail
proceedings. If the court grants bail where it has been | ||||||
3 | previously revoked
or denied, the court shall state on the | ||||||
4 | record of the proceedings the
findings of facts and conclusion | ||||||
5 | of law upon which such order is based.
| ||||||
6 | (b) Violation of the conditions of Section
110-10 of this | ||||||
7 | Code or any special conditions of bail as ordered by the
court | ||||||
8 | shall constitute grounds for the court to increase
the amount | ||||||
9 | of bail, or otherwise alter the conditions of bail, or, where
| ||||||
10 | the alleged offense committed on bail is a forcible felony in | ||||||
11 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
12 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
13 | Methamphetamine Control and Community Protection Act, revoke | ||||||
14 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
15 | of this
Section.
| ||||||
16 | (c) Reasonable notice of such application by the defendant | ||||||
17 | shall be
given to the State.
| ||||||
18 | (d) Reasonable notice of such application by the State | ||||||
19 | shall be
given to the defendant, except as provided in | ||||||
20 | subsection (e).
| ||||||
21 | (e) Upon verified application by the State stating facts or
| ||||||
22 | circumstances constituting a violation or a threatened
| ||||||
23 | violation of any of the
conditions of the bail bond the court | ||||||
24 | may issue a warrant commanding any
peace officer to bring the | ||||||
25 | defendant without unnecessary delay before
the court for a | ||||||
26 | hearing on the matters set forth in the application. If
the |
| |||||||
| |||||||
1 | actual court before which the proceeding is pending is absent | ||||||
2 | or
otherwise unavailable another court may issue a warrant | ||||||
3 | pursuant to this
Section. When the defendant is charged with a | ||||||
4 | felony offense and while
free on bail is charged with a | ||||||
5 | subsequent felony offense and is the subject
of a proceeding | ||||||
6 | set forth in Section 109-1 or 109-3 of this Code, upon the
| ||||||
7 | filing of a verified petition by the State alleging a violation | ||||||
8 | of Section
110-10 (a) (4) of this Code, the court shall without | ||||||
9 | prior notice to the
defendant, grant leave to file such | ||||||
10 | application and shall order the
transfer of the defendant and | ||||||
11 | the application without unnecessary delay to
the court before | ||||||
12 | which the previous felony matter is pending for a hearing
as | ||||||
13 | provided in subsection (b) or this subsection of this Section. | ||||||
14 | The
defendant shall be held
without bond pending transfer to | ||||||
15 | and a hearing before such court. At
the conclusion of the | ||||||
16 | hearing based on a violation of the conditions of
Section | ||||||
17 | 110-10 of this Code or any special conditions of bail as | ||||||
18 | ordered by
the court the court may enter an order
increasing | ||||||
19 | the amount of bail or alter the conditions of bail as deemed
| ||||||
20 | appropriate.
| ||||||
21 | (f) Where the alleged violation consists of the violation | ||||||
22 | of
one or more felony statutes of any jurisdiction which would | ||||||
23 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
24 | offense under the
Illinois Controlled Substances Act, the
| ||||||
25 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
26 | Community Protection Act and the
defendant is on bail for the |
| |||||||
| |||||||
1 | alleged
commission of a felony, or where the defendant is on | ||||||
2 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
3 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012 ), aggravated
domestic battery, | ||||||
5 | aggravated battery, unlawful restraint, aggravated unlawful
| ||||||
6 | restraint or domestic battery in violation
of item (1) of | ||||||
7 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012
against a
family or household | ||||||
9 | member as defined in Section 112A-3 of this Code and the
| ||||||
10 | violation is an offense of domestic battery against
the same | ||||||
11 | victim the court shall, on the motion of the State
or its own | ||||||
12 | motion, revoke bail
in accordance with the following | ||||||
13 | provisions:
| ||||||
14 | (1) The court shall hold the defendant without bail | ||||||
15 | pending
the hearing on the alleged breach; however, if the | ||||||
16 | defendant
is not admitted to bail the
hearing shall be | ||||||
17 | commenced within 10 days from the date the defendant is
| ||||||
18 | taken into custody or the defendant may not be held any | ||||||
19 | longer without
bail, unless delay is occasioned by the | ||||||
20 | defendant. Where defendant
occasions the delay, the | ||||||
21 | running of the 10 day period is temporarily
suspended and | ||||||
22 | resumes at the termination of the period of delay. Where
| ||||||
23 | defendant occasions the delay with 5 or fewer days | ||||||
24 | remaining in the 10
day period, the court may grant a | ||||||
25 | period of up to 5 additional days to
the State for good | ||||||
26 | cause shown. The State, however, shall retain the
right to |
| |||||||
| |||||||
1 | proceed to hearing on the alleged violation at any time, | ||||||
2 | upon
reasonable notice to the defendant and the court.
| ||||||
3 | (2) At a hearing on the alleged violation the State has | ||||||
4 | the burden
of going forward and proving the violation by | ||||||
5 | clear and convincing
evidence. The evidence shall be | ||||||
6 | presented in open court with the
opportunity to testify, to | ||||||
7 | present witnesses in his behalf, and to
cross-examine | ||||||
8 | witnesses if any are called by the State, and | ||||||
9 | representation
by counsel and
if the defendant is indigent | ||||||
10 | to have counsel appointed for him. The
rules of evidence | ||||||
11 | applicable in criminal trials in this State shall not
| ||||||
12 | govern the admissibility of evidence at such hearing.
| ||||||
13 | Information used by the court in its findings or stated in | ||||||
14 | or offered in
connection with hearings for increase or | ||||||
15 | revocation of bail may be by way
of proffer based upon | ||||||
16 | reliable information offered by the State or
defendant. All | ||||||
17 | evidence shall be admissible if it is relevant and reliable
| ||||||
18 | regardless of whether it would be admissible under the | ||||||
19 | rules of evidence
applicable at criminal trials. A motion | ||||||
20 | by the defendant to suppress
evidence or to suppress a | ||||||
21 | confession shall not be entertained at such a
hearing. | ||||||
22 | Evidence that proof may have been obtained as a result of | ||||||
23 | an
unlawful search and seizure or through improper | ||||||
24 | interrogation is not
relevant to this hearing.
| ||||||
25 | (3) Upon a finding by the court that the State has | ||||||
26 | established by
clear and convincing evidence that the |
| |||||||
| |||||||
1 | defendant has committed a
forcible felony or a Class 2 or | ||||||
2 | greater offense under the Illinois Controlled
Substances | ||||||
3 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act while admitted to | ||||||
5 | bail, or where the
defendant is on bail for a felony | ||||||
6 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
7 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 ), aggravated
domestic battery, aggravated | ||||||
9 | battery, unlawful
restraint, aggravated unlawful restraint | ||||||
10 | or domestic battery in violation of
item (1) of subsection | ||||||
11 | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012
against
a family or household member | ||||||
13 | as defined in
Section 112A-3 of this Code and the violation | ||||||
14 | is an offense of domestic
battery, against the same victim, | ||||||
15 | the court
shall revoke the bail of
the defendant and hold | ||||||
16 | the defendant for trial without bail. Neither the
finding | ||||||
17 | of the court nor any transcript or other record of the | ||||||
18 | hearing
shall be admissible in the State's case in chief, | ||||||
19 | but shall be admissible
for impeachment, or as provided in | ||||||
20 | Section 115-10.1 of this Code or in a
perjury proceeding.
| ||||||
21 | (4) If the bail of any defendant is revoked pursuant to | ||||||
22 | paragraph
(f) (3) of this Section, the defendant may demand | ||||||
23 | and shall be entitled
to be brought to trial on the offense | ||||||
24 | with respect to which he was
formerly released on bail | ||||||
25 | within 90 days after the date on which his
bail was | ||||||
26 | revoked. If the defendant is not brought to trial within |
| |||||||
| |||||||
1 | the
90 day period required by the preceding sentence, he | ||||||
2 | shall not be held
longer without bail. In computing the 90 | ||||||
3 | day period, the court shall
omit any period of delay | ||||||
4 | resulting from a continuance granted at the
request of the | ||||||
5 | defendant.
| ||||||
6 | (5) If the defendant either is arrested on a warrant | ||||||
7 | issued pursuant
to this Code or is arrested for an | ||||||
8 | unrelated offense and it is subsequently
discovered that | ||||||
9 | the defendant is a subject of another warrant or warrants
| ||||||
10 | issued pursuant to this Code, the defendant shall be | ||||||
11 | transferred promptly
to the court which issued such | ||||||
12 | warrant. If, however, the defendant appears
initially | ||||||
13 | before a court other than the court which issued such | ||||||
14 | warrant,
the non-issuing court shall not alter the amount | ||||||
15 | of bail heretofore set on
such warrant unless the court | ||||||
16 | sets forth on the record of proceedings the
conclusions of | ||||||
17 | law and facts which are the basis for such altering of
| ||||||
18 | another court's bond. The non-issuing court shall not alter | ||||||
19 | another courts
bail set on a warrant unless the interests | ||||||
20 | of justice and public safety are
served by such action.
| ||||||
21 | (g) The State may appeal any order where the court has | ||||||
22 | increased or reduced
the amount of bail or altered the | ||||||
23 | conditions of the bail bond or granted
bail where it has | ||||||
24 | previously been revoked.
| ||||||
25 | (Source: P.A. 93-417, eff. 8-5-03; 94-556, eff. 9-11-05.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
2 | Sec. 110-6.3. Denial of bail in stalking and aggravated | ||||||
3 | stalking
offenses. | ||||||
4 | (a) Upon verified petition by the State, the court shall | ||||||
5 | hold a
hearing to determine whether bail should be denied to a | ||||||
6 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
7 | when it is alleged that the defendant's
admission to bail poses | ||||||
8 | a real and present threat to the physical safety of
the alleged | ||||||
9 | victim of the offense, and denial of release on bail or
| ||||||
10 | personal recognizance is necessary to prevent fulfillment of | ||||||
11 | the threat
upon which the charge is based.
| ||||||
12 | (1) A petition may be filed without prior notice to the | ||||||
13 | defendant at the
first appearance before a judge, or within | ||||||
14 | 21 calendar days, except as
provided in Section 110-6, | ||||||
15 | after arrest and release of the defendant upon
reasonable | ||||||
16 | notice to defendant; provided that while the petition is
| ||||||
17 | pending before the court, the defendant if previously | ||||||
18 | released shall not be
detained.
| ||||||
19 | (2) The hearing shall be held immediately upon the | ||||||
20 | defendant's
appearance before the court, unless for good | ||||||
21 | cause shown the defendant or
the State seeks a continuance. | ||||||
22 | A continuance on motion of the defendant
may not exceed 5 | ||||||
23 | calendar days, and the defendant may be held in custody
| ||||||
24 | during the continuance. A continuance on the motion of the | ||||||
25 | State may not
exceed 3 calendar days; however, the | ||||||
26 | defendant may be held in custody
during the continuance |
| |||||||
| |||||||
1 | under this provision if the defendant has been
previously | ||||||
2 | found to have violated an order of protection or has been
| ||||||
3 | previously convicted of, or granted court supervision for, | ||||||
4 | any of the
offenses set forth in Sections 11-1.20, 11-1.30, | ||||||
5 | 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, | ||||||
6 | 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 | ||||||
7 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
8 | of 2012 , against the
same person
as the alleged victim of | ||||||
9 | the stalking or aggravated stalking offense.
| ||||||
10 | (b) The court may deny bail to the defendant when, after | ||||||
11 | the hearing, it
is determined that:
| ||||||
12 | (1) the proof is evident or the presumption great that | ||||||
13 | the defendant has
committed the offense of stalking or | ||||||
14 | aggravated stalking; and
| ||||||
15 | (2) the defendant poses a real and present threat to | ||||||
16 | the physical safety
of the alleged victim of the offense; | ||||||
17 | and
| ||||||
18 | (3) the denial of release on bail or personal | ||||||
19 | recognizance is
necessary to prevent fulfillment of the | ||||||
20 | threat upon which the charge is based;
and
| ||||||
21 | (4) the court finds that no condition or combination of | ||||||
22 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
23 | this Code, including mental
health treatment at a community | ||||||
24 | mental health center, hospital, or
facility of the | ||||||
25 | Department of Human Services,
can reasonably assure the | ||||||
26 | physical safety of the alleged victim of the offense.
|
| |||||||
| |||||||
1 | (c) Conduct of the hearings.
| ||||||
2 | (1) The hearing on the defendant's culpability and | ||||||
3 | threat to the
alleged victim of the offense shall be
| ||||||
4 | conducted in accordance with the following provisions:
| ||||||
5 | (A) Information used by the court in its findings | ||||||
6 | or stated in or
offered
at the hearing may be by way of | ||||||
7 | proffer based upon reliable information
offered by the | ||||||
8 | State or by defendant. Defendant has the right to be
| ||||||
9 | represented by counsel, and if he is indigent, to have | ||||||
10 | counsel appointed
for him. Defendant shall have the | ||||||
11 | opportunity to testify, to present
witnesses in his own | ||||||
12 | behalf, and to cross-examine witnesses if any are
| ||||||
13 | called by the State. The defendant has the right to | ||||||
14 | present witnesses in
his favor. When the ends of | ||||||
15 | justice so require, the court may exercise
its | ||||||
16 | discretion and compel the appearance of a complaining
| ||||||
17 | witness. The court shall state on the record reasons | ||||||
18 | for granting a
defense request to compel the presence | ||||||
19 | of a complaining witness.
Cross-examination of a | ||||||
20 | complaining witness at the pretrial detention hearing | ||||||
21 | for
the purpose of impeaching the witness' credibility | ||||||
22 | is insufficient reason
to compel the presence of the | ||||||
23 | witness. In deciding whether to compel the
appearance | ||||||
24 | of a complaining witness, the court shall be | ||||||
25 | considerate of the
emotional and physical well-being | ||||||
26 | of the witness.
The pretrial detention hearing is not |
| |||||||
| |||||||
1 | to be used for the purposes of
discovery, and the post | ||||||
2 | arraignment rules of discovery do not apply. The
State | ||||||
3 | shall tender to the
defendant, prior to the hearing, | ||||||
4 | copies of defendant's criminal history, if
any, if | ||||||
5 | available, and any written or recorded statements and | ||||||
6 | the substance
of any oral statements made by any | ||||||
7 | person, if relied upon by the State.
The rules | ||||||
8 | concerning the admissibility of evidence in
criminal | ||||||
9 | trials do not apply to the presentation and | ||||||
10 | consideration of
information at the hearing. At the | ||||||
11 | trial concerning the offense for which
the hearing was | ||||||
12 | conducted neither the finding of the court nor any
| ||||||
13 | transcript or other record of the hearing shall be | ||||||
14 | admissible in the
State's case in chief, but shall be | ||||||
15 | admissible for impeachment, or as
provided in Section | ||||||
16 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
17 | (B) A motion by the defendant to suppress evidence | ||||||
18 | or to suppress a
confession shall not be entertained. | ||||||
19 | Evidence that proof may have been
obtained as the | ||||||
20 | result of an unlawful search and seizure or through
| ||||||
21 | improper interrogation is not relevant to this state of | ||||||
22 | the prosecution.
| ||||||
23 | (2) The facts relied upon by the court to support a | ||||||
24 | finding that:
| ||||||
25 | (A) the
defendant poses a real and present threat | ||||||
26 | to the physical safety of the
alleged victim of the |
| |||||||
| |||||||
1 | offense; and
| ||||||
2 | (B) the denial of release on bail or personal
| ||||||
3 | recognizance is necessary to prevent fulfillment of | ||||||
4 | the threat upon which
the charge is based;
| ||||||
5 | shall be supported by clear and convincing evidence
| ||||||
6 | presented by the State.
| ||||||
7 | (d) Factors to be considered in making a determination of | ||||||
8 | the threat to
the alleged victim of the offense.
The court may, | ||||||
9 | in determining whether the defendant poses, at the time of
the | ||||||
10 | hearing, a real and
present threat to the physical safety of | ||||||
11 | the alleged victim of the offense,
consider but
shall not be | ||||||
12 | limited to evidence or testimony concerning:
| ||||||
13 | (1) The nature and circumstances of the offense | ||||||
14 | charged;
| ||||||
15 | (2) The history and characteristics of the defendant | ||||||
16 | including:
| ||||||
17 | (A) Any evidence of the defendant's prior criminal | ||||||
18 | history indicative of
violent, abusive or assaultive | ||||||
19 | behavior, or lack of that behavior. The
evidence may | ||||||
20 | include testimony or documents received in juvenile
| ||||||
21 | proceedings, criminal, quasi-criminal, civil | ||||||
22 | commitment, domestic relations
or other proceedings;
| ||||||
23 | (B) Any evidence of the defendant's psychological, | ||||||
24 | psychiatric or other
similar social history that tends | ||||||
25 | to indicate a violent, abusive, or
assaultive nature, | ||||||
26 | or lack of any such history.
|
| |||||||
| |||||||
1 | (3) The nature of the threat which is the basis of the | ||||||
2 | charge against the defendant;
| ||||||
3 | (4) Any statements made by, or attributed to the | ||||||
4 | defendant, together with
the circumstances surrounding | ||||||
5 | them;
| ||||||
6 | (5) The age and physical condition of any person | ||||||
7 | assaulted
by the defendant;
| ||||||
8 | (6) Whether the defendant is known to possess or have | ||||||
9 | access to any
weapon or weapons;
| ||||||
10 | (7) Whether, at the time of the current offense or any | ||||||
11 | other offense or
arrest, the defendant was on probation, | ||||||
12 | parole, mandatory supervised
release or other release from | ||||||
13 | custody pending trial, sentencing, appeal or
completion of | ||||||
14 | sentence for an offense under federal or state law;
| ||||||
15 | (8) Any other factors, including those listed in | ||||||
16 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
17 | reasonable bearing upon the
defendant's propensity or | ||||||
18 | reputation for violent, abusive or assaultive
behavior, or | ||||||
19 | lack of that behavior.
| ||||||
20 | (e) The court shall, in any order denying bail to a person | ||||||
21 | charged with
stalking or aggravated stalking:
| ||||||
22 | (1) briefly summarize the evidence of the defendant's | ||||||
23 | culpability and its
reasons for concluding that the | ||||||
24 | defendant should be held without bail;
| ||||||
25 | (2) direct that the defendant be committed to the | ||||||
26 | custody of the sheriff
for confinement in the county jail |
| |||||||
| |||||||
1 | pending trial;
| ||||||
2 | (3) direct that the defendant be given a reasonable | ||||||
3 | opportunity for
private consultation with counsel, and for | ||||||
4 | communication with others of his
choice by visitation, mail | ||||||
5 | and telephone; and
| ||||||
6 | (4) direct that the sheriff deliver the defendant as | ||||||
7 | required for
appearances in connection with court | ||||||
8 | proceedings.
| ||||||
9 | (f) If the court enters an order for the detention of the | ||||||
10 | defendant
under subsection (e) of this Section, the defendant | ||||||
11 | shall be brought to
trial on the offense for which he is | ||||||
12 | detained within 90 days after the date
on which the order for | ||||||
13 | detention was entered. If the defendant is not
brought to trial | ||||||
14 | within the 90 day period required by this subsection (f),
he | ||||||
15 | shall not be held longer without bail. In computing the 90 day | ||||||
16 | period,
the court shall omit any period of delay resulting from | ||||||
17 | a continuance
granted at the request of the defendant.
The | ||||||
18 | court shall immediately notify the alleged victim of the | ||||||
19 | offense that the defendant
has been admitted to bail under this | ||||||
20 | subsection.
| ||||||
21 | (g) Any person shall be entitled to appeal any
order | ||||||
22 | entered under this Section denying bail to the defendant.
| ||||||
23 | (h) The State may appeal any order entered under this | ||||||
24 | Section denying any
motion for denial of bail.
| ||||||
25 | (i) Nothing in this Section shall be construed as modifying | ||||||
26 | or limiting
in any way the defendant's presumption of innocence |
| |||||||
| |||||||
1 | in further criminal
proceedings.
| ||||||
2 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
3 | 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1109, eff. | ||||||
4 | 1-1-13.)
| ||||||
5 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||||||
6 | Sec. 110-7. Deposit of Bail Security.
| ||||||
7 | (a) The person for whom bail has been set shall execute the | ||||||
8 | bail bond and
deposit with the clerk of the court before which | ||||||
9 | the proceeding is pending a
sum of money equal to 10% of the | ||||||
10 | bail, but in no event shall such deposit be
less than $25. The | ||||||
11 | clerk of the court shall provide a space on each form for a
| ||||||
12 | person other than the accused who has provided the money for | ||||||
13 | the posting of
bail to so indicate and a space signed by an
| ||||||
14 | accused who has executed the bail bond indicating whether a | ||||||
15 | person other
than the accused has provided the money for the | ||||||
16 | posting of bail. The form
shall also include a written notice | ||||||
17 | to such person who has provided
the defendant with the money | ||||||
18 | for the posting of bail indicating that the bail
may be used to | ||||||
19 | pay costs, attorney's fees, fines, or other purposes authorized
| ||||||
20 | by the court and if the
defendant fails to comply with the | ||||||
21 | conditions of the bail bond, the court
shall enter an order | ||||||
22 | declaring the bail to be forfeited. The written notice
must be: | ||||||
23 | (1) distinguishable from the surrounding text; (2) in bold type | ||||||
24 | or
underscored; and (3) in a type size at least 2 points larger | ||||||
25 | than the
surrounding type. When a person for whom
bail has been |
| |||||||
| |||||||
1 | set is charged with an offense under the Illinois Controlled
| ||||||
2 | Substances Act or the Methamphetamine Control and Community | ||||||
3 | Protection Act which is a Class X felony, or making a terrorist | ||||||
4 | threat in violation of
Section 29D-20 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 or an attempt to commit the | ||||||
6 | offense of making a terrorist threat, the court may require the
| ||||||
7 | defendant to deposit a sum equal to 100% of the bail.
Where any | ||||||
8 | person is charged with a forcible felony while free on bail and
| ||||||
9 | is the subject of proceedings under Section 109-3 of this Code | ||||||
10 | the judge
conducting the preliminary examination may also | ||||||
11 | conduct a hearing upon the
application of the State pursuant to | ||||||
12 | the provisions of Section 110-6 of this
Code to increase or | ||||||
13 | revoke the bail for that person's prior alleged offense.
| ||||||
14 | (b) Upon depositing this sum and any bond fee authorized by | ||||||
15 | law, the person
shall be released
from custody subject to the | ||||||
16 | conditions of the bail bond.
| ||||||
17 | (c) Once bail has been given and a charge is pending or
is | ||||||
18 | thereafter filed in or transferred to a court of competent
| ||||||
19 | jurisdiction the latter court shall continue the original bail
| ||||||
20 | in that court subject to the provisions of Section 110-6 of | ||||||
21 | this Code.
| ||||||
22 | (d) After conviction the court may order that the original
| ||||||
23 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
24 | bail
subject to the provisions of Section 110-6.2.
| ||||||
25 | (e) After the entry of an order by the trial court allowing
| ||||||
26 | or denying bail pending appeal either party may apply to the
|
| |||||||
| |||||||
1 | reviewing court having jurisdiction or to a justice thereof
| ||||||
2 | sitting in vacation for an order increasing or decreasing the
| ||||||
3 | amount of bail or allowing or denying bail pending appeal | ||||||
4 | subject to the
provisions of Section 110-6.2.
| ||||||
5 | (f) When the conditions of the bail bond have been | ||||||
6 | performed
and the accused has been discharged from all | ||||||
7 | obligations in the
cause the clerk of the court shall return to | ||||||
8 | the accused or to the
defendant's designee by an assignment | ||||||
9 | executed at the time the bail amount
is deposited, unless
the | ||||||
10 | court orders otherwise, 90% of the sum which had been
deposited | ||||||
11 | and shall retain as bail bond costs 10% of the amount
| ||||||
12 | deposited. However, in no event shall the amount retained by | ||||||
13 | the
clerk as bail bond costs be less than $5. Bail bond | ||||||
14 | deposited by or on
behalf of a defendant in one case may be | ||||||
15 | used, in the court's discretion,
to satisfy financial | ||||||
16 | obligations of that same defendant incurred in a
different case | ||||||
17 | due to a fine, court costs,
restitution or fees of the | ||||||
18 | defendant's attorney of record. In counties with
a population | ||||||
19 | of 3,000,000 or more, the court shall
not order bail bond | ||||||
20 | deposited by or on behalf of a defendant in one case to
be used | ||||||
21 | to satisfy financial obligations of that same defendant in a
| ||||||
22 | different case until the bail bond is first used to satisfy | ||||||
23 | court costs and
attorney's fees in
the case in which the bail | ||||||
24 | bond has been deposited and any other unpaid child
support | ||||||
25 | obligations are satisfied. In counties with a population of | ||||||
26 | less than 3,000,000, the court shall
not order bail bond |
| |||||||
| |||||||
1 | deposited by or on behalf of a defendant in one case to
be used | ||||||
2 | to satisfy financial obligations of that same defendant in a
| ||||||
3 | different case until the bail bond is first used to satisfy | ||||||
4 | court costs
in
the case in which the bail bond has been | ||||||
5 | deposited.
| ||||||
6 | At the request of the defendant the court may order such | ||||||
7 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
8 | repayable to defendant
from such deposit, to be paid to | ||||||
9 | defendant's attorney of record.
| ||||||
10 | (g) If the accused does not comply with the conditions of
| ||||||
11 | the bail bond the court having jurisdiction shall enter an
| ||||||
12 | order declaring the bail to be forfeited. Notice of such order
| ||||||
13 | of forfeiture shall be mailed forthwith to the accused at his
| ||||||
14 | last known address. If the accused does not appear and | ||||||
15 | surrender
to the court having jurisdiction within 30 days from | ||||||
16 | the date of
the forfeiture or within such period satisfy the | ||||||
17 | court
that appearance and surrender by the accused is | ||||||
18 | impossible
and without his fault the court shall enter judgment | ||||||
19 | for the State if the
charge for which the bond was given was a | ||||||
20 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
21 | traffic,
judgment for the political subdivision of the State | ||||||
22 | which
prosecuted the case, against the accused for the amount | ||||||
23 | of
the bail and costs of the court proceedings; however,
in | ||||||
24 | counties with a population of less than 3,000,000, instead of | ||||||
25 | the court
entering a judgment for the full amount
of the bond | ||||||
26 | the court may, in its discretion, enter judgment for the cash
|
| |||||||
| |||||||
1 | deposit on the bond, less costs, retain the deposit for further | ||||||
2 | disposition or,
if a cash bond was posted for failure to appear | ||||||
3 | in a matter involving
enforcement of child support or | ||||||
4 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
5 | outstanding costs, may be awarded to the person or entity to
| ||||||
6 | whom the child support or maintenance is due. The deposit
made | ||||||
7 | in accordance with paragraph (a) shall be applied to
the | ||||||
8 | payment of costs. If judgment is entered and any amount of such
| ||||||
9 | deposit remains
after the payment of costs it shall be applied | ||||||
10 | to payment of
the judgment and transferred to the treasury of | ||||||
11 | the municipal
corporation wherein the bond was taken if the | ||||||
12 | offense was a
violation of any penal ordinance of a political | ||||||
13 | subdivision
of this State, or to the treasury of the county | ||||||
14 | wherein the
bond was taken if the offense was a violation of | ||||||
15 | any penal
statute of this State. The balance of the judgment | ||||||
16 | may be
enforced and collected in the same manner as a judgment | ||||||
17 | entered
in a civil action.
| ||||||
18 | (h) After a judgment for a fine and court costs or either | ||||||
19 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
20 | been made in accordance with paragraph (a) the balance of such
| ||||||
21 | deposit, after deduction of bail bond costs, shall be applied
| ||||||
22 | to the payment of the judgment.
| ||||||
23 | (i) When a court appearance is required for an alleged | ||||||
24 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
25 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
26 | and Aquatic Life Code, the Child Passenger Protection Act, or a |
| |||||||
| |||||||
1 | comparable offense of a unit of local government as specified | ||||||
2 | in Supreme Court Rule 551, and if the accused does not appear | ||||||
3 | in court on the date set for appearance or any date to which | ||||||
4 | the case may be continued and the court issues an arrest | ||||||
5 | warrant for the accused, based upon his or her failure to | ||||||
6 | appear when having so previously been ordered to appear by the | ||||||
7 | court, the accused upon his or her admission to bail shall be | ||||||
8 | assessed by the court a fee of $75. Payment of the fee shall be | ||||||
9 | a condition of release unless otherwise ordered by the court. | ||||||
10 | The fee shall be in addition to any bail that the accused is | ||||||
11 | required to deposit for the offense for which the accused has | ||||||
12 | been charged and may not be used for the payment of court costs | ||||||
13 | or fines assessed for the offense. The clerk of the court shall | ||||||
14 | remit $70 of the fee assessed to the arresting agency who | ||||||
15 | brings the offender in on the arrest warrant. If the Department | ||||||
16 | of State Police is the arresting agency, $70 of the fee | ||||||
17 | assessed shall be remitted by the clerk of the court to the | ||||||
18 | State Treasurer within one month after receipt for deposit into | ||||||
19 | the State Police Operations Assistance Fund. The clerk of the | ||||||
20 | court shall remit $5 of the fee assessed to the Circuit Court | ||||||
21 | Clerk Operation and Administrative Fund as provided in Section | ||||||
22 | 27.3d of the Clerks of Courts Act.
| ||||||
23 | (Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12.)
| ||||||
24 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
25 | Sec. 110-10. Conditions of bail bond.
|
| |||||||
| |||||||
1 | (a) If a person is released prior to conviction, either | ||||||
2 | upon payment of
bail security or on his or her own | ||||||
3 | recognizance, the conditions of the bail
bond shall be that he | ||||||
4 | or she will:
| ||||||
5 | (1) Appear to answer the charge in the court having | ||||||
6 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
7 | the court until discharged or
final order of the court;
| ||||||
8 | (2) Submit himself or herself to the orders and process | ||||||
9 | of the court;
| ||||||
10 | (3) Not depart this State without leave of the court;
| ||||||
11 | (4) Not violate any criminal statute of any | ||||||
12 | jurisdiction;
| ||||||
13 | (5) At a time and place designated by the court, | ||||||
14 | surrender all firearms
in his or her possession to a law | ||||||
15 | enforcement officer designated by the court
to take custody | ||||||
16 | of and impound the firearms
and physically
surrender his or | ||||||
17 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
18 | circuit court
when the offense the person has
been charged | ||||||
19 | with is a forcible felony, stalking, aggravated stalking, | ||||||
20 | domestic
battery, any violation of the Illinois Controlled | ||||||
21 | Substances Act, the Methamphetamine Control and Community | ||||||
22 | Protection Act, or the
Cannabis Control Act that is | ||||||
23 | classified as a Class 2 or greater felony, or any
felony | ||||||
24 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 ; the court
may,
however, forgo the | ||||||
26 | imposition of this condition when the
circumstances of the
|
| |||||||
| |||||||
1 | case clearly do not warrant it or when its imposition would | ||||||
2 | be
impractical;
if the Firearm Owner's Identification Card | ||||||
3 | is confiscated, the clerk of the circuit court shall mail | ||||||
4 | the confiscated card to the Illinois State Police; all | ||||||
5 | legally possessed firearms shall be returned to the person | ||||||
6 | upon
the charges being dismissed, or if the person is found | ||||||
7 | not guilty, unless the
finding of not guilty is by reason | ||||||
8 | of insanity; and
| ||||||
9 | (6) At a time and place designated by the court, submit | ||||||
10 | to a
psychological
evaluation when the person has been | ||||||
11 | charged with a violation of item (4) of
subsection
(a) of | ||||||
12 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012 and that violation occurred in
a school
or in | ||||||
14 | any conveyance owned, leased, or contracted by a school to | ||||||
15 | transport
students to or
from school or a school-related | ||||||
16 | activity, or on any public way within 1,000
feet of real
| ||||||
17 | property comprising any school.
| ||||||
18 | Psychological evaluations ordered pursuant to this Section | ||||||
19 | shall be completed
promptly
and made available to the State, | ||||||
20 | the defendant, and the court. As a further
condition of bail | ||||||
21 | under
these circumstances, the court shall order the defendant | ||||||
22 | to refrain from
entering upon the
property of the school, | ||||||
23 | including any conveyance owned, leased, or contracted
by a | ||||||
24 | school to
transport students to or from school or a | ||||||
25 | school-related activity, or on any public way within
1,000 feet | ||||||
26 | of real property comprising any school. Upon receipt of the |
| |||||||
| |||||||
1 | psychological evaluation,
either the State or the defendant may | ||||||
2 | request a change in the conditions of bail, pursuant to
Section | ||||||
3 | 110-6 of this Code. The court may change the conditions of bail | ||||||
4 | to include a
requirement that the defendant follow the | ||||||
5 | recommendations of the psychological evaluation,
including | ||||||
6 | undergoing psychiatric treatment. The conclusions of the
| ||||||
7 | psychological evaluation and
any statements elicited from the | ||||||
8 | defendant during its administration are not
admissible as | ||||||
9 | evidence
of guilt during the course of any trial on the charged | ||||||
10 | offense, unless the
defendant places his or her
mental | ||||||
11 | competency in issue.
| ||||||
12 | (b) The court may impose other conditions, such as the | ||||||
13 | following, if the
court finds that such conditions are | ||||||
14 | reasonably necessary to assure the
defendant's appearance in | ||||||
15 | court, protect the public from the defendant, or
prevent the | ||||||
16 | defendant's unlawful interference with the orderly | ||||||
17 | administration
of justice:
| ||||||
18 | (1) Report to or appear in person before such person or | ||||||
19 | agency as the
court may direct;
| ||||||
20 | (2) Refrain from possessing a firearm or other | ||||||
21 | dangerous weapon;
| ||||||
22 | (3) Refrain from approaching or communicating with | ||||||
23 | particular persons or
classes of persons;
| ||||||
24 | (4) Refrain from going to certain described | ||||||
25 | geographical areas or
premises;
| ||||||
26 | (5) Refrain from engaging in certain activities or |
| |||||||
| |||||||
1 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
2 | (6) Undergo treatment for drug addiction or | ||||||
3 | alcoholism;
| ||||||
4 | (7) Undergo medical or psychiatric treatment;
| ||||||
5 | (8) Work or pursue a course of study or vocational | ||||||
6 | training;
| ||||||
7 | (9) Attend or reside in a facility designated by the | ||||||
8 | court;
| ||||||
9 | (10) Support his or her dependents;
| ||||||
10 | (11) If a minor resides with his or her parents or in a | ||||||
11 | foster home,
attend school, attend a non-residential | ||||||
12 | program for youths, and contribute
to his or her own | ||||||
13 | support at home or in a foster home;
| ||||||
14 | (12) Observe any curfew ordered by the court;
| ||||||
15 | (13) Remain in the custody of such designated person or | ||||||
16 | organization
agreeing to supervise his release. Such third | ||||||
17 | party custodian shall be
responsible for notifying the | ||||||
18 | court if the defendant fails to observe the
conditions of | ||||||
19 | release which the custodian has agreed to monitor, and | ||||||
20 | shall
be subject to contempt of court for failure so to | ||||||
21 | notify the court;
| ||||||
22 | (14) Be placed under direct supervision of the Pretrial | ||||||
23 | Services
Agency, Probation Department or Court Services | ||||||
24 | Department in a pretrial
bond home supervision capacity | ||||||
25 | with or without the use of an approved
electronic | ||||||
26 | monitoring device subject to Article 8A of Chapter V of the
|
| |||||||
| |||||||
1 | Unified Code of Corrections;
| ||||||
2 | (14.1) The court shall impose upon a defendant who is | ||||||
3 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
4 | controlled substance violation and is placed under
direct | ||||||
5 | supervision of the Pretrial Services Agency, Probation | ||||||
6 | Department or
Court Services Department in a pretrial bond | ||||||
7 | home supervision capacity with
the use of an approved | ||||||
8 | monitoring device, as a condition of such bail bond,
a fee | ||||||
9 | that represents costs incidental to the electronic | ||||||
10 | monitoring for each
day of such bail supervision ordered by | ||||||
11 | the
court, unless after determining the inability of the | ||||||
12 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
13 | or no fee as the case may be. The fee
shall be collected by | ||||||
14 | the clerk of the circuit court. The clerk of the
circuit | ||||||
15 | court shall pay all monies collected from this fee to the | ||||||
16 | county
treasurer for deposit in the substance abuse | ||||||
17 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
18 | (14.2) The court shall impose upon all defendants, | ||||||
19 | including those
defendants subject to paragraph (14.1) | ||||||
20 | above, placed under direct supervision
of the Pretrial | ||||||
21 | Services Agency, Probation Department or Court Services
| ||||||
22 | Department in a pretrial bond home supervision capacity | ||||||
23 | with the use of an
approved monitoring device, as a | ||||||
24 | condition of such bail bond, a fee
which shall represent | ||||||
25 | costs incidental to such
electronic monitoring for each day | ||||||
26 | of such bail supervision ordered by the
court, unless after |
| |||||||
| |||||||
1 | determining the inability of the defendant to pay the fee,
| ||||||
2 | the court assesses a lesser fee or no fee as the case may | ||||||
3 | be. The fee shall be
collected by the clerk of the circuit | ||||||
4 | court. The clerk of the circuit court
shall pay all monies | ||||||
5 | collected from this fee to the county treasurer who shall
| ||||||
6 | use the monies collected to defray the costs of | ||||||
7 | corrections. The county
treasurer shall deposit the fee | ||||||
8 | collected in the county working cash fund under
Section | ||||||
9 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
10 | case may
be;
| ||||||
11 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
12 | establish reasonable
fees to be paid by a person receiving | ||||||
13 | pretrial services while under supervision
of a pretrial | ||||||
14 | services agency, probation department, or court services
| ||||||
15 | department. Reasonable fees may be charged for pretrial | ||||||
16 | services
including, but not limited to, pretrial | ||||||
17 | supervision, diversion programs,
electronic monitoring, | ||||||
18 | victim impact services, drug and alcohol testing, DNA | ||||||
19 | testing, GPS electronic monitoring, assessments and | ||||||
20 | evaluations related to domestic violence and other | ||||||
21 | victims, and
victim mediation services. The person | ||||||
22 | receiving pretrial services may be
ordered to pay all costs | ||||||
23 | incidental to pretrial services in accordance with his
or | ||||||
24 | her ability to pay those costs;
| ||||||
25 | (14.4) For persons charged with violating Section | ||||||
26 | 11-501 of the Illinois
Vehicle Code, refrain from operating |
| |||||||
| |||||||
1 | a motor vehicle not equipped with an
ignition interlock | ||||||
2 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
3 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
4 | Secretary of State for the
installation of ignition
| ||||||
5 | interlock devices. Under this condition the court may allow | ||||||
6 | a defendant who is
not
self-employed to operate a vehicle | ||||||
7 | owned by the defendant's employer that is
not equipped with | ||||||
8 | an ignition interlock device in the course and scope of the
| ||||||
9 | defendant's employment;
| ||||||
10 | (15) Comply with the terms and conditions of an order | ||||||
11 | of protection
issued by the court under the Illinois | ||||||
12 | Domestic Violence Act of 1986 or an
order of protection | ||||||
13 | issued by the court of another state, tribe, or United
| ||||||
14 | States territory;
| ||||||
15 | (16) Under Section 110-6.5 comply with the conditions | ||||||
16 | of the drug testing
program; and
| ||||||
17 | (17) Such other reasonable conditions as the court may | ||||||
18 | impose.
| ||||||
19 | (c) When a person is charged with an offense under Section | ||||||
20 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
21 | 12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 " or the | ||||||
22 | Criminal Code of 2012 , involving a victim who is a
minor under | ||||||
23 | 18 years of age living in the same household with the defendant
| ||||||
24 | at the time of the offense, in granting bail or releasing the | ||||||
25 | defendant on
his own recognizance, the judge shall impose | ||||||
26 | conditions to restrict the
defendant's access to the victim |
| |||||||
| |||||||
1 | which may include, but are not limited to
conditions that he | ||||||
2 | will:
| ||||||
3 | 1. Vacate the Household.
| ||||||
4 | 2. Make payment of temporary support to his dependents.
| ||||||
5 | 3. Refrain from contact or communication with the child | ||||||
6 | victim, except
as ordered by the court.
| ||||||
7 | (d) When a person is charged with a criminal offense and | ||||||
8 | the victim is
a family or household member as defined in | ||||||
9 | Article 112A, conditions shall
be imposed at the time of the | ||||||
10 | defendant's release on bond that restrict the
defendant's | ||||||
11 | access to the victim.
Unless provided otherwise by the court, | ||||||
12 | the
restrictions shall include
requirements that the defendant | ||||||
13 | do the following:
| ||||||
14 | (1) refrain from contact or communication with the | ||||||
15 | victim for a
minimum period of 72 hours following the | ||||||
16 | defendant's release; and
| ||||||
17 | (2) refrain from entering or remaining at the victim's | ||||||
18 | residence for a
minimum period of 72 hours following the | ||||||
19 | defendant's release.
| ||||||
20 | (e) Local law enforcement agencies shall develop | ||||||
21 | standardized bond forms
for use in cases involving family or | ||||||
22 | household members as defined in
Article 112A, including | ||||||
23 | specific conditions of bond as provided in
subsection (d). | ||||||
24 | Failure of any law enforcement department to develop or use
| ||||||
25 | those forms shall in no way limit the applicability and | ||||||
26 | enforcement of
subsections (d) and (f).
|
| |||||||
| |||||||
1 | (f) If the defendant is admitted to bail after conviction | ||||||
2 | the
conditions of the bail bond shall be that he will, in | ||||||
3 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
4 | hereof:
| ||||||
5 | (1) Duly prosecute his appeal;
| ||||||
6 | (2) Appear at such time and place as the court may | ||||||
7 | direct;
| ||||||
8 | (3) Not depart this State without leave of the court;
| ||||||
9 | (4) Comply with such other reasonable conditions as the | ||||||
10 | court may
impose; and
| ||||||
11 | (5) If the judgment is affirmed or the cause reversed | ||||||
12 | and remanded
for a new trial, forthwith surrender to the | ||||||
13 | officer from whose custody
he was bailed.
| ||||||
14 | (g) Upon a finding of guilty for any felony offense, the | ||||||
15 | defendant shall
physically surrender, at a time and place | ||||||
16 | designated by the court,
any and all firearms in his or her | ||||||
17 | possession and his or her Firearm Owner's
Identification Card | ||||||
18 | as a condition of remaining on bond pending sentencing.
| ||||||
19 | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
20 | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
21 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||||||
22 | Sec. 110-12. Notice of change of address.
| ||||||
23 | A defendant who has been admitted to bail shall file a | ||||||
24 | written notice with the
clerk of the court before which the | ||||||
25 | proceeding is pending of any change in
his or her address |
| |||||||
| |||||||
1 | within 24 hours after such change, except that a
defendant who
| ||||||
2 | has been admitted to bail for a forcible felony as defined in | ||||||
3 | Section 2-8 of
the Criminal Code of 2012 1961 shall
file a | ||||||
4 | written notice with the clerk of the court before which the | ||||||
5 | proceeding
is pending and the clerk shall immediately deliver a | ||||||
6 | time stamped copy of the
written notice to the State's Attorney | ||||||
7 | charged with the prosecution within 24
hours prior to such | ||||||
8 | change. The address of a defendant who has been admitted
to | ||||||
9 | bail shall at all times remain a matter of public record with | ||||||
10 | the clerk of
the court.
| ||||||
11 | (Source: P.A. 89-377, eff. 8-18-95.)
| ||||||
12 | (725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
| ||||||
13 | Sec. 111-1. Methods of prosecution.
| ||||||
14 | When authorized by law a prosecution may be commenced by:
| ||||||
15 | (a) A complaint;
| ||||||
16 | (b) An information;
| ||||||
17 | (c) An indictment.
| ||||||
18 | Upon commencement of a prosecution for a violation of | ||||||
19 | Section
11-501 of the The Illinois Vehicle Code, or a similar | ||||||
20 | provision of a local
ordinance, or Section 9-3 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 , as amended,
relating | ||||||
22 | to the offense of reckless homicide, the victims of these | ||||||
23 | offenses
shall have all the rights under this Section as they | ||||||
24 | do in Section 4 of the
Bill of Rights for Victims and Witnesses | ||||||
25 | of Violent Crime Act.
|
| |||||||
| |||||||
1 | For the purposes of this Section "victim" shall mean an | ||||||
2 | individual
who has suffered personal injury as a result of the | ||||||
3 | commission of a
violation of Section 11-501 of the The Illinois | ||||||
4 | Vehicle Code, or a similar
provision of a local ordinance, or | ||||||
5 | Section 9-3 of the Criminal Code of
1961 or the Criminal Code | ||||||
6 | of 2012 , as amended, relating to the offense of reckless | ||||||
7 | homicide. In regard
to a violation of Section 9-3 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 , as amended,
| ||||||
9 | relating to the offense of reckless homicide, "victim" shall | ||||||
10 | also include,
but not be limited to, spouse, guardian, parent, | ||||||
11 | or other family member.
| ||||||
12 | (Source: P.A. 84-272.)
| ||||||
13 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||||||
14 | Sec. 111-2. Commencement of prosecutions.
| ||||||
15 | (a) All prosecutions of
felonies shall be by information or | ||||||
16 | by indictment. No prosecution may be
pursued by information | ||||||
17 | unless a preliminary hearing has been held or
waived in | ||||||
18 | accordance with Section 109-3 and at that hearing probable
| ||||||
19 | cause to believe the defendant committed an offense was found, | ||||||
20 | and the
provisions of Section 109-3.1 of this Code have been | ||||||
21 | complied with.
| ||||||
22 | (b) All other prosecutions may be by indictment, | ||||||
23 | information or
complaint.
| ||||||
24 | (c) Upon the filing of an information or indictment in open
| ||||||
25 | court charging the defendant with the commission of a sex |
| |||||||
| |||||||
1 | offense
defined in any Section of Article 11 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 ,
as amended, and a | ||||||
3 | minor as defined in Section 1-3 of the Juvenile
Court Act of | ||||||
4 | 1987 , as amended, is alleged to be the victim of the
commission | ||||||
5 | of the acts of the defendant in the commission of
such offense, | ||||||
6 | the court may appoint a guardian ad litem for the
minor as | ||||||
7 | provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile | ||||||
8 | Court Act of 1987.
| ||||||
9 | (d) Upon the filing of an information or indictment in open | ||||||
10 | court,
the court shall immediately issue a warrant for the | ||||||
11 | arrest of each
person charged with an offense directed to a | ||||||
12 | peace officer or some other
person specifically named | ||||||
13 | commanding him to arrest such person.
| ||||||
14 | (e) When the offense is bailable, the judge shall endorse | ||||||
15 | on the
warrant the amount of bail required by the order of the | ||||||
16 | court, and if
the court orders the process returnable | ||||||
17 | forthwith, the warrant shall
require that the accused be | ||||||
18 | arrested and brought immediately into court.
| ||||||
19 | (f) Where the prosecution of a felony is by information or | ||||||
20 | complaint
after preliminary hearing, or after a waiver of | ||||||
21 | preliminary hearing in
accordance with paragraph (a) of this | ||||||
22 | Section, such prosecution may be
for all offenses, arising from | ||||||
23 | the same transaction or conduct of a
defendant even though the | ||||||
24 | complaint or complaints filed at the
preliminary hearing | ||||||
25 | charged only one or some of the offenses arising
from that | ||||||
26 | transaction or conduct.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
2 | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
| ||||||
3 | Sec. 111-3. Form of charge.
| ||||||
4 | (a) A charge shall be in writing and allege the commission | ||||||
5 | of an
offense by:
| ||||||
6 | (1) Stating the name of the offense;
| ||||||
7 | (2) Citing the statutory provision alleged to have been | ||||||
8 | violated;
| ||||||
9 | (3) Setting forth the nature and elements of the | ||||||
10 | offense charged;
| ||||||
11 | (4) Stating the date and county of the offense as | ||||||
12 | definitely as can be
done; and
| ||||||
13 | (5) Stating the name of the accused, if known, and if | ||||||
14 | not known,
designate the accused by any name or description | ||||||
15 | by which he can be
identified with reasonable certainty.
| ||||||
16 | (b) An indictment shall be signed by the foreman of the | ||||||
17 | Grand Jury and
an information shall be signed by the State's | ||||||
18 | Attorney and sworn to by him
or another. A complaint shall be | ||||||
19 | sworn to and signed by the complainant; provided, that when a | ||||||
20 | peace officer observes the commission of a misdemeanor
and is | ||||||
21 | the complaining witness, the signing of the complaint by the | ||||||
22 | peace
officer is sufficient to charge the defendant with the | ||||||
23 | commission of the
offense, and the complaint need not be sworn | ||||||
24 | to if the officer signing the
complaint certifies that the | ||||||
25 | statements set forth in the complaint are true and
correct and |
| |||||||
| |||||||
1 | are subject to the penalties provided by law for false
| ||||||
2 | certification
under Section 1-109 of the Code of Civil | ||||||
3 | Procedure and perjury under Section
32-2 of the Criminal Code | ||||||
4 | of 2012 1961 ; and further provided
, however, that when a | ||||||
5 | citation is issued on a Uniform Traffic
Ticket or Uniform | ||||||
6 | Conservation Ticket (in a form prescribed by the
Conference of | ||||||
7 | Chief Circuit Judges and filed with the Supreme Court), the
| ||||||
8 | copy of such Uniform Ticket which is filed with the circuit | ||||||
9 | court
constitutes a complaint to which the defendant may plead, | ||||||
10 | unless he
specifically requests that a verified complaint be | ||||||
11 | filed.
| ||||||
12 | (c) When the State seeks an enhanced sentence because of a | ||||||
13 | prior
conviction, the charge shall also state the intention to | ||||||
14 | seek an enhanced
sentence and shall state such prior conviction | ||||||
15 | so as to give notice to the
defendant. However, the fact of | ||||||
16 | such prior conviction and the State's
intention to seek an | ||||||
17 | enhanced sentence are not elements of the offense and
may not | ||||||
18 | be disclosed to the jury during trial unless otherwise | ||||||
19 | permitted by
issues properly raised during such trial.
For the | ||||||
20 | purposes of this Section, "enhanced sentence" means a sentence
| ||||||
21 | which is increased by a prior conviction from one | ||||||
22 | classification of offense
to another higher level | ||||||
23 | classification of offense set forth in Section
5-4.5-10
of the | ||||||
24 | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not | ||||||
25 | include an increase in the sentence applied within the
same | ||||||
26 | level of classification of offense.
|
| |||||||
| |||||||
1 | (c-5) Notwithstanding any other provision of law, in all | ||||||
2 | cases in which
the
imposition of the death penalty is not a | ||||||
3 | possibility, if an alleged fact (other
than the fact of a prior | ||||||
4 | conviction) is not an element of an offense but is
sought to be | ||||||
5 | used to increase the range of penalties for the offense beyond | ||||||
6 | the
statutory maximum that could otherwise be imposed for the | ||||||
7 | offense, the alleged
fact must be included in the charging | ||||||
8 | instrument or otherwise provided to the
defendant through a | ||||||
9 | written notification before trial, submitted to a trier
of fact | ||||||
10 | as an aggravating factor, and proved beyond a reasonable doubt.
| ||||||
11 | Failure to prove the fact beyond a reasonable doubt is not a | ||||||
12 | bar to a
conviction
for commission of the offense, but is a bar | ||||||
13 | to increasing, based on that fact,
the range of penalties for | ||||||
14 | the offense beyond the statutory maximum that could
otherwise | ||||||
15 | be imposed for that offense. Nothing in this subsection (c-5)
| ||||||
16 | requires the
imposition of a sentence that increases the range | ||||||
17 | of penalties for the offense
beyond the statutory maximum that | ||||||
18 | could otherwise be imposed for the offense if
the imposition of | ||||||
19 | that sentence is not required by law.
| ||||||
20 | (d) At any time prior to trial, the State on motion shall | ||||||
21 | be permitted
to amend the charge, whether brought by | ||||||
22 | indictment, information or
complaint, to make the charge comply | ||||||
23 | with subsection (c) or (c-5) of this
Section. Nothing in | ||||||
24 | Section 103-5 of this Code precludes such an
amendment or a | ||||||
25 | written notification made in accordance with subsection (c-5) | ||||||
26 | of
this Section.
|
| |||||||
| |||||||
1 | (e) The provisions of subsection (a) of Section 5-4.5-95 of | ||||||
2 | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not | ||||||
3 | be affected by this Section.
| ||||||
4 | (Source: P.A. 95-1052, eff. 7-1-09; 96-1206, eff. 1-1-11.)
| ||||||
5 | (725 ILCS 5/111-4)
| ||||||
6 | Sec. 111-4. Joinder of offenses and defendants.
| ||||||
7 | (a) Two or more offenses may be charged in the same | ||||||
8 | indictment,
information or complaint in a separate count for | ||||||
9 | each offense if the
offenses charged, whether felonies or | ||||||
10 | misdemeanors or both, are based on
the same act or on 2 or more | ||||||
11 | acts which are part of the same comprehensive
transaction.
| ||||||
12 | (b) Two or more defendants may be charged in the same | ||||||
13 | indictment,
information or complaint if they are alleged to | ||||||
14 | have participated in the
same act or in the same comprehensive | ||||||
15 | transaction out of which the offense
or offenses arose. Such | ||||||
16 | defendants may be charged in one or more counts
together or | ||||||
17 | separately and all of the defendants need not be charged in
| ||||||
18 | each count.
| ||||||
19 | (c) Two or more acts or transactions in violation of any | ||||||
20 | provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | ||||||
21 | 8A-5 of the Illinois
Public Aid Code, Section 14 of the | ||||||
22 | Illinois Wage Payment and Collection Act, Sections 16-1, | ||||||
23 | 16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, | ||||||
24 | 16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, | ||||||
25 | 16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, or |
| |||||||
| |||||||
1 | 17-60, or item (ii) of subsection (a) or (b) of Section 17-9, | ||||||
2 | or subdivision (a)(2) of Section 17-10.5, or subsection (a), | ||||||
3 | (b), (c), (d), (g), (h), or (i) of Section 17-10.6, or | ||||||
4 | subsection (a) of Section 17-32 of the Criminal Code of
1961 or | ||||||
5 | the Criminal Code of 2012 and Section 118 of Division I of the | ||||||
6 | Criminal Jurisprudence Act, may
be charged as a single offense | ||||||
7 | in a single count of the same indictment,
information or | ||||||
8 | complaint, if such acts or transactions by one or more
| ||||||
9 | defendants are in furtherance of a single intention and design | ||||||
10 | or if the
property, labor or services obtained are of the same | ||||||
11 | person or are of
several persons having a common interest in | ||||||
12 | such property, labor or
services. In such a charge, the period | ||||||
13 | between the dates of the first and
the final such acts or | ||||||
14 | transactions may be alleged as the date of the
offense and, if | ||||||
15 | any such act or transaction by any defendant was committed
in | ||||||
16 | the county where the prosecution was commenced, such county may | ||||||
17 | be
alleged as the county of the offense.
| ||||||
18 | (Source: P.A. 96-354, eff. 8-13-09; 96-1207, eff. 7-22-10; | ||||||
19 | 96-1407, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||||||
20 | 8-12-11; 97-597, eff. 1-1-12.)
| ||||||
21 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
| ||||||
22 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
23 | violence.
| ||||||
24 | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, | ||||||
25 | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
| |||||||
| |||||||
1 | 11-1.60, 11-14.3 that involves soliciting for a prostitute, | ||||||
2 | 11-14.4 that involves soliciting for a juvenile prostitute, | ||||||
3 | 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
| ||||||
4 | 12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, | ||||||
5 | 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, | ||||||
6 | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, | ||||||
7 | 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 or Section 1-1 of the Harassing and | ||||||
9 | Obscene Communications Act is alleged in an information, | ||||||
10 | complaint or indictment
on file, and the alleged offender and | ||||||
11 | victim are family or household members,
as defined in the | ||||||
12 | Illinois Domestic Violence Act, as now or hereafter amended,
| ||||||
13 | the People through the respective State's Attorneys may by | ||||||
14 | separate petition
and upon notice to the defendant, except as | ||||||
15 | provided in subsection (c) herein,
request the court to issue | ||||||
16 | an order of protection.
| ||||||
17 | (b) In addition to any other remedies specified in Section | ||||||
18 | 208 of the
Illinois Domestic Violence Act, as now or hereafter | ||||||
19 | amended, the order may
direct the defendant
to initiate no | ||||||
20 | contact with the alleged victim or victims who are family
or | ||||||
21 | household members and to refrain from entering the residence, | ||||||
22 | school
or place of business of the alleged victim or victims.
| ||||||
23 | (c) The court may grant emergency relief without notice | ||||||
24 | upon a showing
of immediate and present danger of abuse to the | ||||||
25 | victim or minor children of the
victim and may enter a | ||||||
26 | temporary order pending notice and full hearing on the
matter.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
2 | P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108, | ||||||
3 | eff. 1-1-13; 97-1109, eff. 1-1-13.)
| ||||||
4 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||||||
5 | Sec. 112A-3. Definitions. For the purposes of this Article, | ||||||
6 | the
following terms shall have the following meanings:
| ||||||
7 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
8 | of a
dependent, interference with personal liberty or willful | ||||||
9 | deprivation but
does not include reasonable direction of a | ||||||
10 | minor child by a parent or
person in loco parentis.
| ||||||
11 | (2) "Domestic violence" means abuse as described in | ||||||
12 | paragraph (1).
| ||||||
13 | (3) "Family or household members" include spouses, former | ||||||
14 | spouses,
parents, children, stepchildren and other persons | ||||||
15 | related by blood or
by present or prior marriage, persons who | ||||||
16 | share or formerly shared a
common dwelling, persons who have or | ||||||
17 | allegedly have a child in common, persons
who share or | ||||||
18 | allegedly share a blood relationship through a child, persons | ||||||
19 | who
have or have had a dating or engagement relationship, | ||||||
20 | persons with disabilities
and their personal assistants, and | ||||||
21 | caregivers as defined in paragraph (3) of
subsection (b) of | ||||||
22 | Section 12-21 or in subsection (e) of Section 12-4.4a of the | ||||||
23 | Criminal Code of 2012 1961 .
For purposes of this paragraph, | ||||||
24 | neither a casual acquaintanceship nor
ordinary fraternization | ||||||
25 | between 2 individuals in business or social
contexts shall be |
| |||||||
| |||||||
1 | deemed to constitute a dating relationship.
| ||||||
2 | (4) "Harassment" means knowing conduct which
is not | ||||||
3 | necessary to accomplish a purpose which is reasonable under the
| ||||||
4 | circumstances; would cause a reasonable person emotional | ||||||
5 | distress; and
does cause emotional distress to the petitioner.
| ||||||
6 | Unless the presumption is rebutted by a preponderance of the | ||||||
7 | evidence, the
following types of conduct shall be presumed to | ||||||
8 | cause emotional distress:
| ||||||
9 | (i) creating a disturbance at petitioner's place of | ||||||
10 | employment or school;
| ||||||
11 | (ii) repeatedly telephoning petitioner's place of | ||||||
12 | employment, home or
residence;
| ||||||
13 | (iii) repeatedly following petitioner about in a | ||||||
14 | public place or places;
| ||||||
15 | (iv) repeatedly keeping petitioner under surveillance | ||||||
16 | by remaining
present outside his or her home, school, place | ||||||
17 | of employment, vehicle or
other place occupied by | ||||||
18 | petitioner or by peering in petitioner's windows;
| ||||||
19 | (v) improperly concealing a minor child from | ||||||
20 | petitioner, repeatedly
threatening to improperly remove a | ||||||
21 | minor child of petitioner's from the
jurisdiction or from | ||||||
22 | the physical care of petitioner, repeatedly threatening to
| ||||||
23 | conceal a minor child from petitioner, or making a single | ||||||
24 | such threat following
an actual or attempted improper | ||||||
25 | removal or concealment, unless respondent was
fleeing from | ||||||
26 | an incident or pattern of domestic violence; or
|
| |||||||
| |||||||
1 | (vi) threatening physical force, confinement or | ||||||
2 | restraint on one or more
occasions.
| ||||||
3 | (5) "Interference with personal liberty" means committing | ||||||
4 | or threatening
physical abuse, harassment, intimidation or | ||||||
5 | willful deprivation so as to
compel another to engage in | ||||||
6 | conduct from which she or he has a right to
abstain or to | ||||||
7 | refrain from conduct
in which she or he has a right to engage.
| ||||||
8 | (6) "Intimidation of a dependent" means subjecting a person | ||||||
9 | who is
dependent because of age, health or disability to | ||||||
10 | participation in or the
witnessing of: physical force against | ||||||
11 | another or physical confinement or
restraint of another which | ||||||
12 | constitutes physical abuse as defined in this
Article, | ||||||
13 | regardless of whether the abused person is a family or | ||||||
14 | household member.
| ||||||
15 | (7) "Order of protection" means an emergency order, interim | ||||||
16 | order or
plenary order, granted pursuant to this Article, which | ||||||
17 | includes any or all
of the remedies authorized by Section | ||||||
18 | 112A-14 of this Code.
| ||||||
19 | (8) "Petitioner" may mean not only any named petitioner for | ||||||
20 | the order of
protection and any named victim of abuse on whose | ||||||
21 | behalf the petition
is brought, but also any other person | ||||||
22 | protected by this Article.
| ||||||
23 | (9) "Physical abuse" includes sexual abuse and means any of | ||||||
24 | the following:
| ||||||
25 | (i) knowing or reckless use of physical force, | ||||||
26 | confinement or restraint;
|
| |||||||
| |||||||
1 | (ii) knowing, repeated and unnecessary sleep | ||||||
2 | deprivation; or
| ||||||
3 | (iii) knowing or reckless conduct which creates an | ||||||
4 | immediate
risk of physical harm.
| ||||||
5 | (9.5) "Stay away" means for the respondent to refrain from | ||||||
6 | both physical presence and nonphysical contact with the | ||||||
7 | petitioner whether direct, indirect (including, but not | ||||||
8 | limited to, telephone calls, mail, email, faxes, and written | ||||||
9 | notes), or through third parties who may or may not know about | ||||||
10 | the order of protection.
| ||||||
11 | (10) "Willful deprivation" means wilfully denying a person | ||||||
12 | who because of
age, health or disability requires medication, | ||||||
13 | medical care, shelter,
accessible shelter or services, food, | ||||||
14 | therapeutic device, or other physical
assistance, and thereby | ||||||
15 | exposing that person to the risk of physical, mental or
| ||||||
16 | emotional harm, except with regard to medical care and | ||||||
17 | treatment when such
dependent person has expressed the intent | ||||||
18 | to forgo such medical care or
treatment. This paragraph does | ||||||
19 | not create any new affirmative duty to provide
support to | ||||||
20 | dependent persons.
| ||||||
21 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
22 | (725 ILCS 5/112A-11.1) | ||||||
23 | Sec. 112A-11.1. Procedure for determining whether certain | ||||||
24 | misdemeanor crimes
are crimes of domestic violence for purposes | ||||||
25 | of federal
law. |
| |||||||
| |||||||
1 | (a) When a defendant has been charged with a violation of | ||||||
2 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012 , the State | ||||||
4 | may, at arraignment or no later than 45 days after arraignment, | ||||||
5 | for the purpose of notification to the Department of State | ||||||
6 | Police Firearm Owner's Identification Card Office, serve on the | ||||||
7 | defendant and file with the court a notice alleging that | ||||||
8 | conviction of the offense would subject the defendant to the | ||||||
9 | prohibitions of 18 U.S.C. 922(g)(9) because of the relationship | ||||||
10 | between the defendant and the alleged victim and the nature of | ||||||
11 | the alleged offense. | ||||||
12 | (b) The notice shall include the name of the person alleged | ||||||
13 | to be the victim of the crime and shall specify the nature of | ||||||
14 | the alleged relationship as set forth in 18 U.S.C. | ||||||
15 | 921(a)(33)(A)(ii). It shall also specify the element of the | ||||||
16 | charged offense which requires the use or attempted use of | ||||||
17 | physical force, or the threatened use of a deadly weapon, as | ||||||
18 | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||||||
19 | notice that the defendant is entitled to a hearing on the | ||||||
20 | allegation contained in the notice and that if the allegation | ||||||
21 | is sustained, that determination and conviction shall be | ||||||
22 | reported to the Department of State Police Firearm Owner's | ||||||
23 | Identification Card Office. | ||||||
24 | (c) After having been notified as provided in subsection | ||||||
25 | (b) of this Section, the defendant may stipulate or admit, | ||||||
26 | orally on the record or in writing, that conviction of the |
| |||||||
| |||||||
1 | offense would subject the defendant to the prohibitions of 18 | ||||||
2 | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||||||
3 | 922(g)(9) shall be deemed established for purposes of Section | ||||||
4 | 112A-11.2. If the defendant denies the applicability of 18 | ||||||
5 | U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||||||
6 | or stands mute with respect to that allegation, then the State | ||||||
7 | shall bear the burden to prove beyond a reasonable doubt that | ||||||
8 | the offense is one to which the prohibitions of 18 U.S.C. | ||||||
9 | 922(g)(9) apply. The court may consider reliable hearsay | ||||||
10 | evidence submitted by either party provided that it is relevant | ||||||
11 | to the determination of the allegation. Facts previously proven | ||||||
12 | at trial or elicited at the time of entry of a plea of guilty | ||||||
13 | shall be deemed established beyond a reasonable doubt and shall | ||||||
14 | not be relitigated. At the conclusion of the hearing, or upon a | ||||||
15 | stipulation or admission, as applicable, the court shall make a | ||||||
16 | specific written determination with respect to the allegation.
| ||||||
17 | (Source: P.A. 97-1131, eff. 1-1-13.) | ||||||
18 | (725 ILCS 5/112A-11.2) | ||||||
19 | Sec. 112A-11.2. Notification to the Department of State | ||||||
20 | Police Firearm Owner's Identification Card Office of
| ||||||
21 | determinations in certain misdemeanor cases. Upon judgment of | ||||||
22 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
23 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012 when the defendant has been determined, under | ||||||
25 | Section 112A-11.1, to be subject to the prohibitions of 18 |
| |||||||
| |||||||
1 | U.S.C. 922(g)(9), the circuit court clerk shall include | ||||||
2 | notification and a copy of the written determination in a | ||||||
3 | report of the conviction to the Department of State Police | ||||||
4 | Firearm Owner's Identification Card Office to enable the office | ||||||
5 | to report that determination to the Federal Bureau of | ||||||
6 | Investigation and assist the Bureau in identifying persons | ||||||
7 | prohibited from purchasing and possessing a firearm pursuant to | ||||||
8 | the provisions of 18 U.S.C. 922.
| ||||||
9 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
10 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
11 | Sec. 112A-14. Order of protection; remedies.
| ||||||
12 | (a) Issuance of order. If the court finds that petitioner | ||||||
13 | has been
abused by a family or household member, as defined in | ||||||
14 | this Article, an
order of protection prohibiting such abuse | ||||||
15 | shall issue; provided that
petitioner must also satisfy the | ||||||
16 | requirements of one of the following
Sections, as appropriate: | ||||||
17 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
18 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
19 | not be denied an order of protection because petitioner or
| ||||||
20 | respondent is a minor. The court, when determining whether or | ||||||
21 | not to issue
an order of protection, shall not require physical | ||||||
22 | manifestations of abuse
on the person of the victim. | ||||||
23 | Modification and extension of prior orders of
protection shall | ||||||
24 | be in accordance with this Article.
| ||||||
25 | (b) Remedies and standards. The remedies to be included in |
| |||||||
| |||||||
1 | an order of
protection shall be determined in accordance with | ||||||
2 | this Section and one of
the following Sections, as appropriate: | ||||||
3 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
4 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
5 | listed in this subsection shall be in addition to other civil
| ||||||
6 | or criminal remedies available to petitioner.
| ||||||
7 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
8 | harassment,
interference with personal liberty, | ||||||
9 | intimidation of a dependent, physical
abuse or willful | ||||||
10 | deprivation, as defined in this Article, if such abuse has
| ||||||
11 | occurred or otherwise appears likely to occur if not | ||||||
12 | prohibited.
| ||||||
13 | (2) Grant of exclusive possession of residence. | ||||||
14 | Prohibit respondent
from entering or remaining in any | ||||||
15 | residence, household, or premises of the petitioner,
| ||||||
16 | including one owned or leased by respondent, if petitioner | ||||||
17 | has a right
to occupancy thereof. The grant of exclusive | ||||||
18 | possession of the residence, household, or premises
shall | ||||||
19 | not affect title to real property, nor shall the court be | ||||||
20 | limited by
the standard set forth in Section 701 of the | ||||||
21 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
22 | (A) Right to occupancy. A party has a right to | ||||||
23 | occupancy of a
residence or household if it is
solely | ||||||
24 | or jointly owned or leased by that party, that party's | ||||||
25 | spouse, a
person with a legal duty to support that | ||||||
26 | party or a minor child in that
party's care, or by any |
| |||||||
| |||||||
1 | person or entity other than the opposing party that
| ||||||
2 | authorizes that party's occupancy (e.g., a domestic | ||||||
3 | violence shelter).
Standards set forth in subparagraph | ||||||
4 | (B) shall not preclude equitable relief.
| ||||||
5 | (B) Presumption of hardships. If petitioner and | ||||||
6 | respondent
each has the right to occupancy of a | ||||||
7 | residence or household, the court
shall balance (i) the | ||||||
8 | hardships to respondent and any minor child or
| ||||||
9 | dependent adult in respondent's care resulting from | ||||||
10 | entry of this remedy with (ii)
the hardships to | ||||||
11 | petitioner and any minor child or dependent adult in
| ||||||
12 | petitioner's care resulting from continued exposure to | ||||||
13 | the risk of abuse (should
petitioner remain at the | ||||||
14 | residence or household) or from loss of possession
of | ||||||
15 | the residence or household (should petitioner leave to | ||||||
16 | avoid the risk
of abuse). When determining the balance | ||||||
17 | of hardships, the court shall also
take into account | ||||||
18 | the accessibility of the residence or household.
| ||||||
19 | Hardships need not be balanced if respondent does not | ||||||
20 | have a right to occupancy.
| ||||||
21 | The balance of hardships is presumed to favor | ||||||
22 | possession by
petitioner unless the presumption is | ||||||
23 | rebutted by a preponderance of the
evidence, showing | ||||||
24 | that the hardships to respondent substantially | ||||||
25 | outweigh
the hardships to petitioner and any minor | ||||||
26 | child or dependent adult in petitioner's
care. The |
| |||||||
| |||||||
1 | court, on the request of petitioner or on its own | ||||||
2 | motion,
may order respondent to provide suitable, | ||||||
3 | accessible, alternate housing
for petitioner instead | ||||||
4 | of
excluding respondent from a mutual residence or | ||||||
5 | household.
| ||||||
6 | (3) Stay away order and additional prohibitions.
Order | ||||||
7 | respondent to stay away from petitioner or any other person
| ||||||
8 | protected by the order of protection, or prohibit | ||||||
9 | respondent from entering
or remaining present at | ||||||
10 | petitioner's school, place of employment, or other
| ||||||
11 | specified places at times when petitioner is present, or | ||||||
12 | both, if
reasonable, given
the balance of hardships. | ||||||
13 | Hardships need not be balanced for the court
to enter a | ||||||
14 | stay away order or prohibit entry
if respondent has no | ||||||
15 | right to enter the premises.
| ||||||
16 | If an order of protection grants petitioner exclusive | ||||||
17 | possession
of the residence, or prohibits respondent from | ||||||
18 | entering the residence,
or orders respondent to stay away | ||||||
19 | from petitioner or other
protected persons, then the court | ||||||
20 | may allow respondent access to the
residence to remove | ||||||
21 | items of clothing and personal adornment
used exclusively | ||||||
22 | by respondent, medications, and other items as the court | ||||||
23 | directs.
The right to access shall be exercised on only one | ||||||
24 | occasion as the court directs
and in the presence of an | ||||||
25 | agreed-upon adult third party or law enforcement officer.
| ||||||
26 | (4) Counseling. Require or recommend the respondent to |
| |||||||
| |||||||
1 | undergo
counseling for a specified duration with a social | ||||||
2 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
3 | family service agency, alcohol or
substance abuse program, | ||||||
4 | mental health center guidance counselor, agency
providing | ||||||
5 | services to elders, program designed for domestic violence
| ||||||
6 | abusers or any other guidance service the court deems | ||||||
7 | appropriate. The court may order the respondent in any | ||||||
8 | intimate partner relationship to report to an Illinois | ||||||
9 | Department of Human Services protocol approved partner | ||||||
10 | abuse intervention program for an assessment and to follow | ||||||
11 | all recommended treatment.
| ||||||
12 | (5) Physical care and possession of the minor child. In | ||||||
13 | order to protect
the minor child from abuse, neglect, or | ||||||
14 | unwarranted separation from the person
who has been the | ||||||
15 | minor child's primary caretaker, or to otherwise protect | ||||||
16 | the
well-being of the minor child, the court may do either | ||||||
17 | or both of the following:
(i) grant petitioner physical | ||||||
18 | care or possession of the minor child, or both, or
(ii) | ||||||
19 | order respondent to return a minor child to, or not remove | ||||||
20 | a minor child
from, the physical care of a parent or person | ||||||
21 | in loco parentis.
| ||||||
22 | If a court finds, after a hearing, that respondent has | ||||||
23 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
24 | child, there shall be a
rebuttable presumption that | ||||||
25 | awarding physical care to respondent would not
be in the | ||||||
26 | minor child's best interest.
|
| |||||||
| |||||||
1 | (6) Temporary legal custody.
Award temporary legal | ||||||
2 | custody to petitioner in accordance with this Section,
the | ||||||
3 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
4 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
5 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
6 | If a court finds, after a hearing, that respondent
has | ||||||
7 | committed abuse (as defined in Section 112A-3) of a
minor | ||||||
8 | child, there shall be a rebuttable presumption that | ||||||
9 | awarding
temporary legal custody to respondent would not be | ||||||
10 | in the
child's best interest.
| ||||||
11 | (7) Visitation. Determine the
visitation rights, if | ||||||
12 | any, of respondent in any case in which the court
awards | ||||||
13 | physical care or temporary legal custody of a minor child | ||||||
14 | to
petitioner. The court shall restrict or deny | ||||||
15 | respondent's visitation with
a minor child if
the court | ||||||
16 | finds that respondent has done or is likely to do any of | ||||||
17 | the
following: (i) abuse or endanger the minor child during | ||||||
18 | visitation; (ii) use the
visitation as an opportunity to | ||||||
19 | abuse or harass petitioner or
petitioner's family or | ||||||
20 | household members; (iii) improperly conceal or
detain the | ||||||
21 | minor child; or (iv) otherwise act in a manner that is not | ||||||
22 | in
the best interests of the minor child. The court shall | ||||||
23 | not be limited by the
standards set forth in Section 607.1 | ||||||
24 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
25 | If the court grants visitation, the order
shall specify | ||||||
26 | dates and times for the visitation to take place or other
|
| |||||||
| |||||||
1 | specific parameters or conditions that are appropriate. No | ||||||
2 | order for
visitation shall refer merely to the term | ||||||
3 | "reasonable visitation".
| ||||||
4 | Petitioner may deny respondent access to the minor | ||||||
5 | child if, when
respondent arrives for visitation, | ||||||
6 | respondent is under the influence of drugs
or alcohol and | ||||||
7 | constitutes a threat to the safety and well-being of
| ||||||
8 | petitioner or petitioner's minor children or is behaving in | ||||||
9 | a violent or abusive manner.
| ||||||
10 | If necessary to protect any member of petitioner's | ||||||
11 | family or
household from future abuse, respondent shall be | ||||||
12 | prohibited from coming to
petitioner's residence to meet | ||||||
13 | the minor child for visitation, and the
parties shall | ||||||
14 | submit to the court their recommendations for reasonable
| ||||||
15 | alternative arrangements for visitation. A person may be | ||||||
16 | approved to
supervise visitation only after filing an | ||||||
17 | affidavit accepting
that responsibility and acknowledging | ||||||
18 | accountability to the court.
| ||||||
19 | (8) Removal or concealment of minor child.
Prohibit | ||||||
20 | respondent from
removing a minor child from the State or | ||||||
21 | concealing the child within the
State.
| ||||||
22 | (9) Order to appear. Order the respondent to
appear in | ||||||
23 | court, alone
or with a minor child, to prevent abuse, | ||||||
24 | neglect, removal or concealment of
the child, to return the | ||||||
25 | child to the custody or care of the petitioner or
to permit | ||||||
26 | any court-ordered interview or examination of the child or |
| |||||||
| |||||||
1 | the
respondent.
| ||||||
2 | (10) Possession of personal property. Grant petitioner | ||||||
3 | exclusive
possession of personal property and, if | ||||||
4 | respondent has possession or
control, direct respondent to | ||||||
5 | promptly make it available to petitioner, if:
| ||||||
6 | (i) petitioner, but not respondent, owns the | ||||||
7 | property; or
| ||||||
8 | (ii) the parties own the property jointly; sharing | ||||||
9 | it would risk
abuse of petitioner by respondent or is | ||||||
10 | impracticable; and the balance of
hardships favors | ||||||
11 | temporary possession by petitioner.
| ||||||
12 | If petitioner's sole claim to ownership of the property | ||||||
13 | is that it is
marital property, the court may award | ||||||
14 | petitioner temporary possession
thereof under the | ||||||
15 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
16 | proper proceeding has been filed under the Illinois | ||||||
17 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
18 | hereafter amended.
| ||||||
19 | No order under this provision shall affect title to | ||||||
20 | property.
| ||||||
21 | (11) Protection of property. Forbid the respondent | ||||||
22 | from taking,
transferring, encumbering, concealing, | ||||||
23 | damaging or otherwise disposing of
any real or personal | ||||||
24 | property, except as explicitly authorized by the
court, if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the parties own the property jointly,
and the | ||||||
2 | balance of hardships favors granting this remedy.
| ||||||
3 | If petitioner's sole claim to ownership of the property | ||||||
4 | is that it is
marital property, the court may grant | ||||||
5 | petitioner relief under subparagraph
(ii) of this | ||||||
6 | paragraph only if a proper proceeding has been filed under | ||||||
7 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
8 | now or hereafter amended.
| ||||||
9 | The court may further prohibit respondent from | ||||||
10 | improperly using the
financial or other resources of an | ||||||
11 | aged member of the family or household
for the profit or | ||||||
12 | advantage of respondent or of any other person.
| ||||||
13 | (11.5) Protection of animals. Grant the petitioner the | ||||||
14 | exclusive care, custody, or control of any animal owned, | ||||||
15 | possessed, leased, kept, or held by either the petitioner | ||||||
16 | or the respondent or a minor child residing in the | ||||||
17 | residence or household of either the petitioner or the | ||||||
18 | respondent and order the respondent to stay away from the | ||||||
19 | animal and forbid the respondent from taking, | ||||||
20 | transferring, encumbering, concealing, harming, or | ||||||
21 | otherwise disposing of the animal.
| ||||||
22 | (12) Order for payment of support. Order
respondent to | ||||||
23 | pay temporary
support for the petitioner or any child in | ||||||
24 | the petitioner's care or
custody, when the respondent has a | ||||||
25 | legal obligation to support that person,
in accordance with | ||||||
26 | the Illinois Marriage and Dissolution
of Marriage Act, |
| |||||||
| |||||||
1 | which shall govern, among other matters, the amount of
| ||||||
2 | support, payment through the clerk and withholding of | ||||||
3 | income to secure
payment. An order for child support may be | ||||||
4 | granted to a petitioner with
lawful physical care or | ||||||
5 | custody of a child, or an order or agreement for
physical | ||||||
6 | care or custody, prior to entry of an order for legal | ||||||
7 | custody.
Such a support order shall expire upon entry of a | ||||||
8 | valid order granting
legal custody to another, unless | ||||||
9 | otherwise provided in the custody order.
| ||||||
10 | (13) Order for payment of losses. Order
respondent to | ||||||
11 | pay petitioner
for losses suffered as a direct result of | ||||||
12 | the abuse. Such losses shall
include, but not be limited | ||||||
13 | to, medical expenses, lost earnings or other
support, | ||||||
14 | repair or replacement of property damaged or taken, | ||||||
15 | reasonable
attorney's fees, court costs and moving or other | ||||||
16 | travel expenses, including
additional reasonable expenses | ||||||
17 | for temporary shelter and restaurant meals.
| ||||||
18 | (i) Losses affecting family needs. If a party is | ||||||
19 | entitled to seek
maintenance, child support or | ||||||
20 | property distribution from the other party
under the | ||||||
21 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
22 | now or
hereafter amended, the court may order | ||||||
23 | respondent to reimburse petitioner's
actual losses, to | ||||||
24 | the extent that such reimbursement would be | ||||||
25 | "appropriate
temporary relief", as authorized by | ||||||
26 | subsection (a)(3) of
Section 501 of that Act.
|
| |||||||
| |||||||
1 | (ii) Recovery of expenses. In the case of an | ||||||
2 | improper concealment
or removal of a minor child, the | ||||||
3 | court may order respondent to pay the reasonable
| ||||||
4 | expenses incurred or to be incurred in the search for | ||||||
5 | and recovery of the
minor child, including but not | ||||||
6 | limited to legal fees, court costs, private
| ||||||
7 | investigator fees, and travel costs.
| ||||||
8 | (14) Prohibition of entry. Prohibit the respondent | ||||||
9 | from entering or
remaining in the residence or household | ||||||
10 | while the respondent is under the
influence of alcohol or | ||||||
11 | drugs and constitutes a threat to the safety and
well-being | ||||||
12 | of the petitioner or the petitioner's children.
| ||||||
13 | (14.5) Prohibition of firearm possession. | ||||||
14 | (a) Prohibit a respondent against whom an order of | ||||||
15 | protection was issued from possessing any firearms | ||||||
16 | during the duration of the order if the order: | ||||||
17 | (1) was issued after a hearing of which such | ||||||
18 | person received
actual notice, and at which such | ||||||
19 | person had an opportunity to
participate; | ||||||
20 | (2) restrains such person from harassing, | ||||||
21 | stalking, or
threatening an intimate partner of | ||||||
22 | such person or child of such
intimate partner or | ||||||
23 | person, or engaging in other conduct that
would | ||||||
24 | place an intimate partner in reasonable fear of | ||||||
25 | bodily
injury to the partner or child; and | ||||||
26 | (3)(i) includes a finding that such person |
| |||||||
| |||||||
1 | represents a
credible threat to the physical | ||||||
2 | safety of such intimate partner
or child; or
(ii) | ||||||
3 | by its terms explicitly prohibits the use, | ||||||
4 | attempted
use, or threatened use of physical force | ||||||
5 | against such intimate
partner or child that would | ||||||
6 | reasonably be expected to cause
bodily injury. | ||||||
7 | Any firearms in the
possession of the respondent, | ||||||
8 | except as provided in subsection (b), shall be ordered | ||||||
9 | by the court to be turned
over to the local law | ||||||
10 | enforcement agency for safekeeping. The court shall | ||||||
11 | issue an order that the respondent's Firearm Owner's | ||||||
12 | Identification Card be turned over to the local law | ||||||
13 | enforcement agency, which in turn shall immediately | ||||||
14 | mail the card to the Department of State Police Firearm | ||||||
15 | Owner's Identification Card Office for safekeeping.
| ||||||
16 | The period of safekeeping shall be for the duration of | ||||||
17 | the order of protection. The firearm or firearms and | ||||||
18 | Firearm Owner's Identification Card, if unexpired, | ||||||
19 | shall at the respondent's request be returned to the | ||||||
20 | respondent at expiration of the order of protection.
| ||||||
21 | (b) If the respondent is a peace officer as defined | ||||||
22 | in Section 2-13 of
the
Criminal Code of 2012 1961 , the | ||||||
23 | court shall order that any firearms used by the
| ||||||
24 | respondent in the performance of his or her duties as a
| ||||||
25 | peace officer be surrendered to
the chief law | ||||||
26 | enforcement executive of the agency in which the |
| |||||||
| |||||||
1 | respondent is
employed, who shall retain the firearms | ||||||
2 | for safekeeping for the duration of the order of | ||||||
3 | protection.
| ||||||
4 | (c) Upon expiration of the period of safekeeping, | ||||||
5 | if the firearms or Firearm Owner's Identification Card | ||||||
6 | cannot be returned to respondent because respondent | ||||||
7 | cannot be located, fails to respond to requests to | ||||||
8 | retrieve the firearms, or is not lawfully eligible to | ||||||
9 | possess a firearm, upon petition from the local law | ||||||
10 | enforcement agency, the court may order the local law | ||||||
11 | enforcement agency to destroy the firearms, use the | ||||||
12 | firearms for training purposes, or for any other | ||||||
13 | application as deemed appropriate by the local law | ||||||
14 | enforcement agency; or that the firearms be turned over | ||||||
15 | to a third party who is lawfully eligible to possess | ||||||
16 | firearms, and who does not reside with respondent.
| ||||||
17 | (15) Prohibition of access to records. If an order of | ||||||
18 | protection
prohibits respondent from having contact with | ||||||
19 | the minor child,
or if petitioner's address is omitted | ||||||
20 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
21 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
22 | child, the order shall deny respondent access to, and
| ||||||
23 | prohibit respondent from inspecting, obtaining, or | ||||||
24 | attempting to
inspect or obtain, school or any other | ||||||
25 | records of the minor child
who is in the care of | ||||||
26 | petitioner.
|
| |||||||
| |||||||
1 | (16) Order for payment of shelter services. Order | ||||||
2 | respondent to
reimburse a shelter providing temporary | ||||||
3 | housing and counseling services to
the petitioner for the | ||||||
4 | cost of the services, as certified by the shelter
and | ||||||
5 | deemed reasonable by the court.
| ||||||
6 | (17) Order for injunctive relief. Enter injunctive | ||||||
7 | relief necessary
or appropriate to prevent further abuse of | ||||||
8 | a family or household member or
to effectuate one of the | ||||||
9 | granted remedies, if supported by the balance of
hardships. | ||||||
10 | If the harm to be prevented by the injunction is abuse or | ||||||
11 | any
other harm that one of the remedies listed in | ||||||
12 | paragraphs (1) through (16)
of this subsection is designed | ||||||
13 | to prevent, no further evidence is necessary
to establish | ||||||
14 | that the harm is an irreparable injury.
| ||||||
15 | (c) Relevant factors; findings.
| ||||||
16 | (1) In determining whether to grant a
specific remedy, | ||||||
17 | other than payment of support, the
court shall consider | ||||||
18 | relevant factors, including but not limited to the
| ||||||
19 | following:
| ||||||
20 | (i) the nature, frequency, severity, pattern and | ||||||
21 | consequences of the
respondent's past abuse of the | ||||||
22 | petitioner or any family or household
member, | ||||||
23 | including the concealment of his or her location in | ||||||
24 | order to evade
service of process or notice, and the | ||||||
25 | likelihood of danger of future abuse to
petitioner or
| ||||||
26 | any member of petitioner's or respondent's family or |
| |||||||
| |||||||
1 | household; and
| ||||||
2 | (ii) the danger that any minor child will be abused | ||||||
3 | or neglected or
improperly removed from the | ||||||
4 | jurisdiction, improperly concealed within the
State or | ||||||
5 | improperly separated from the child's primary | ||||||
6 | caretaker.
| ||||||
7 | (2) In comparing relative hardships resulting to the | ||||||
8 | parties from loss
of possession of the family home, the | ||||||
9 | court shall consider relevant
factors, including but not | ||||||
10 | limited to the following:
| ||||||
11 | (i) availability, accessibility, cost, safety, | ||||||
12 | adequacy, location and other
characteristics of | ||||||
13 | alternate housing for each party and any minor child or
| ||||||
14 | dependent adult in the party's care;
| ||||||
15 | (ii) the effect on the party's employment; and
| ||||||
16 | (iii) the effect on the relationship of the party, | ||||||
17 | and any minor
child or dependent adult in the party's | ||||||
18 | care, to family, school, church
and community.
| ||||||
19 | (3) Subject to the exceptions set forth in paragraph | ||||||
20 | (4) of this
subsection, the court shall make its findings | ||||||
21 | in an official record or in
writing, and shall at a minimum | ||||||
22 | set forth the following:
| ||||||
23 | (i) That the court has considered the applicable | ||||||
24 | relevant factors
described in paragraphs (1) and (2) of | ||||||
25 | this subsection.
| ||||||
26 | (ii) Whether the conduct or actions of respondent, |
| |||||||
| |||||||
1 | unless
prohibited, will likely cause irreparable harm | ||||||
2 | or continued abuse.
| ||||||
3 | (iii) Whether it is necessary to grant the | ||||||
4 | requested relief in order
to protect petitioner or | ||||||
5 | other alleged abused persons.
| ||||||
6 | (4) For purposes of issuing an ex parte emergency order | ||||||
7 | of protection,
the court, as an alternative to or as a | ||||||
8 | supplement to making the findings
described in paragraphs | ||||||
9 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
10 | the following procedure:
| ||||||
11 | When a verified petition for an emergency order of | ||||||
12 | protection in
accordance with the requirements of Sections | ||||||
13 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
14 | shall examine petitioner on oath or
affirmation. An | ||||||
15 | emergency order of protection shall be issued by the court
| ||||||
16 | if it appears from the contents of the petition and the | ||||||
17 | examination of
petitioner that the averments are | ||||||
18 | sufficient to indicate abuse by
respondent and to support | ||||||
19 | the granting of relief under the issuance of the
emergency | ||||||
20 | order of protection.
| ||||||
21 | (5) Never married parties. No rights or | ||||||
22 | responsibilities for a minor
child born outside of marriage | ||||||
23 | attach to a putative father until a father and
child | ||||||
24 | relationship has been established under the Illinois | ||||||
25 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
26 | putative father shall be granted
temporary custody of the |
| |||||||
| |||||||
1 | minor child, visitation with the minor child, or
physical | ||||||
2 | care
and possession of the minor child, nor shall
an order | ||||||
3 | of payment for support of the minor child be entered.
| ||||||
4 | (d) Balance of hardships; findings. If the court finds that | ||||||
5 | the balance
of hardships does not support the granting of a | ||||||
6 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
7 | subsection (b) of this Section,
which may require such | ||||||
8 | balancing, the court's findings shall so
indicate and shall | ||||||
9 | include a finding as to whether granting the remedy will
result | ||||||
10 | in hardship to respondent that would substantially outweigh the | ||||||
11 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
12 | shall be an official record or in
writing.
| ||||||
13 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
14 | based, in
whole or in part, on evidence that:
| ||||||
15 | (1) Respondent has cause for any use of force, unless | ||||||
16 | that cause
satisfies the standards for justifiable use of | ||||||
17 | force provided by Article
7 VII of the Criminal Code of | ||||||
18 | 2012 1961 ;
| ||||||
19 | (2) Respondent was voluntarily intoxicated;
| ||||||
20 | (3) Petitioner acted in self-defense or defense of | ||||||
21 | another, provided
that, if petitioner utilized force, such | ||||||
22 | force was justifiable under
Article 7 VII of the Criminal | ||||||
23 | Code of 2012 1961 ;
| ||||||
24 | (4) Petitioner did not act in self-defense or defense | ||||||
25 | of another;
| ||||||
26 | (5) Petitioner left the residence or household to avoid |
| |||||||
| |||||||
1 | further abuse
by respondent;
| ||||||
2 | (6) Petitioner did not leave the residence or household | ||||||
3 | to avoid further
abuse by respondent;
| ||||||
4 | (7) Conduct by any family or household member excused | ||||||
5 | the abuse by
respondent, unless that same conduct would | ||||||
6 | have excused such abuse if the
parties had not been family | ||||||
7 | or household members.
| ||||||
8 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
9 | 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13.)
| ||||||
10 | (725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
| ||||||
11 | Sec. 112A-16. Accountability for Actions of Others. For the | ||||||
12 | purposes of
issuing an order of protection,
deciding what | ||||||
13 | remedies should be included and enforcing the order, Article
5 | ||||||
14 | of the Criminal Code of 2012 1961 shall govern whether | ||||||
15 | respondent is legally
accountable for the conduct of another | ||||||
16 | person.
| ||||||
17 | (Source: P.A. 84-1305.)
| ||||||
18 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
19 | Sec. 112A-23. Enforcement of orders of protection.
| ||||||
20 | (a) When violation is crime. A violation of any order of | ||||||
21 | protection,
whether issued in a civil, quasi-criminal | ||||||
22 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
23 | (1) The respondent commits the crime of violation of an | ||||||
24 | order of
protection pursuant to Section 12-3.4 or 12-30 of |
| |||||||
| |||||||
1 | the Criminal Code of
1961 or the Criminal Code of 2012 , by
| ||||||
2 | having knowingly violated:
| ||||||
3 | (i) remedies described in paragraphs (1), (2), | ||||||
4 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
5 | 112A-14,
| ||||||
6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies
authorized
under paragraphs (1), (2), | ||||||
8 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
9 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
10 | order of protection,
which is authorized under the laws | ||||||
11 | of another state, tribe or United States
territory,
| ||||||
12 | (iii) or any other remedy when the act
constitutes | ||||||
13 | a crime against the protected parties as defined by the | ||||||
14 | Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||||||
15 | Prosecution for a violation of an order of protection shall
| ||||||
16 | not bar concurrent prosecution for any other crime, including | ||||||
17 | any crime
that may have been committed at the time of the | ||||||
18 | violation of the order
of protection; or
| ||||||
19 | (2) The respondent commits the crime of child abduction | ||||||
20 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012 , by having knowingly violated:
| ||||||
22 | (i) remedies described in paragraphs (5), (6) or | ||||||
23 | (8) of subsection
(b)
of
Section 112A-14, or
| ||||||
24 | (ii) a remedy, which is substantially similar to | ||||||
25 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
26 | (6), or (8) of subsection (b) of Section 214
of the |
| |||||||
| |||||||
1 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
2 | order of protection,
which is authorized under the laws | ||||||
3 | of another state, tribe or United States
territory.
| ||||||
4 | (b) When violation is contempt of court. A violation of any | ||||||
5 | valid order of protection, whether issued in a civil or | ||||||
6 | criminal
proceeding, may be enforced through civil or criminal | ||||||
7 | contempt procedures,
as appropriate, by any court with | ||||||
8 | jurisdiction, regardless where the act or
acts which violated | ||||||
9 | the order of protection were committed, to the extent
| ||||||
10 | consistent with the venue provisions of this Article. Nothing | ||||||
11 | in this
Article shall preclude any Illinois court from | ||||||
12 | enforcing any valid order of
protection issued in another | ||||||
13 | state. Illinois courts may enforce orders of
protection through | ||||||
14 | both criminal prosecution and contempt proceedings,
unless the | ||||||
15 | action which is second in time is barred by collateral estoppel
| ||||||
16 | or the constitutional prohibition against double jeopardy.
| ||||||
17 | (1) In a contempt proceeding where the petition for a | ||||||
18 | rule to show
cause sets forth facts evidencing an immediate | ||||||
19 | danger that the
respondent will flee the jurisdiction, | ||||||
20 | conceal a child, or inflict physical
abuse on the | ||||||
21 | petitioner or minor children or on dependent adults in
| ||||||
22 | petitioner's care, the court may order the
attachment of | ||||||
23 | the respondent without prior service of the rule to show
| ||||||
24 | cause or the petition for a rule to show cause. Bond shall | ||||||
25 | be set unless
specifically denied in writing.
| ||||||
26 | (2) A petition for a rule to show cause for violation |
| |||||||
| |||||||
1 | of an order of
protection shall be treated as an expedited | ||||||
2 | proceeding.
| ||||||
3 | (c) Violation of custody or support orders. A violation of | ||||||
4 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
5 | subsection (b) of Section
112A-14 may be enforced by any remedy | ||||||
6 | provided by Section 611 of
the Illinois Marriage and | ||||||
7 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
8 | for support issued under paragraph (12) of subsection (b)
of | ||||||
9 | Section 112A-14 in the manner provided for under Parts
V and | ||||||
10 | VII of the
Illinois Marriage and Dissolution of Marriage Act.
| ||||||
11 | (d) Actual knowledge. An order of protection may be
| ||||||
12 | enforced pursuant to this Section if the respondent violates | ||||||
13 | the order
after respondent has actual knowledge of its contents
| ||||||
14 | as shown through one of the following means:
| ||||||
15 | (1) By service, delivery, or notice under Section | ||||||
16 | 112A-10.
| ||||||
17 | (2) By notice under Section 112A-11.
| ||||||
18 | (3) By service of an order of protection under Section | ||||||
19 | 112A-22.
| ||||||
20 | (4) By other means demonstrating actual knowledge of | ||||||
21 | the contents of the order.
| ||||||
22 | (e) The enforcement of an order of protection in civil or | ||||||
23 | criminal court
shall not be affected by either of the | ||||||
24 | following:
| ||||||
25 | (1) The existence of a separate, correlative order | ||||||
26 | entered under Section
112A-15.
|
| |||||||
| |||||||
1 | (2) Any finding or order entered in a conjoined | ||||||
2 | criminal proceeding.
| ||||||
3 | (f) Circumstances. The court, when determining whether or | ||||||
4 | not a
violation of an order of protection has occurred, shall | ||||||
5 | not require
physical manifestations of abuse on the person of | ||||||
6 | the victim.
| ||||||
7 | (g) Penalties.
| ||||||
8 | (1) Except as provided in paragraph (3) of this
| ||||||
9 | subsection, where the court finds the commission of a crime | ||||||
10 | or contempt of
court under subsections (a) or (b) of this | ||||||
11 | Section, the penalty shall be
the penalty that generally | ||||||
12 | applies in such criminal or contempt
proceedings, and may | ||||||
13 | include one or more of the following: incarceration,
| ||||||
14 | payment of restitution, a fine, payment of attorneys' fees | ||||||
15 | and costs, or
community service.
| ||||||
16 | (2) The court shall hear and take into account evidence | ||||||
17 | of any factors
in aggravation or mitigation before deciding | ||||||
18 | an appropriate penalty under
paragraph (1) of this | ||||||
19 | subsection.
| ||||||
20 | (3) To the extent permitted by law, the court is | ||||||
21 | encouraged to:
| ||||||
22 | (i) increase the penalty for the knowing violation | ||||||
23 | of
any order of protection over any penalty previously | ||||||
24 | imposed by any court
for respondent's violation of any | ||||||
25 | order of protection or penal statute
involving | ||||||
26 | petitioner as victim and respondent as defendant;
|
| |||||||
| |||||||
1 | (ii) impose a minimum penalty of 24 hours | ||||||
2 | imprisonment for respondent's
first violation of any | ||||||
3 | order of protection; and
| ||||||
4 | (iii) impose a minimum penalty of 48 hours | ||||||
5 | imprisonment for
respondent's second or subsequent | ||||||
6 | violation of an order of protection
| ||||||
7 | unless the court explicitly finds that an increased penalty | ||||||
8 | or that
period of imprisonment would be manifestly unjust.
| ||||||
9 | (4) In addition to any other penalties imposed for a | ||||||
10 | violation of an
order of protection, a criminal court may | ||||||
11 | consider evidence of any
violations of an order of | ||||||
12 | protection:
| ||||||
13 | (i) to increase, revoke or modify the bail bond on | ||||||
14 | an underlying
criminal charge pursuant to Section | ||||||
15 | 110-6;
| ||||||
16 | (ii) to revoke or modify an order of probation, | ||||||
17 | conditional discharge or
supervision, pursuant to | ||||||
18 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
19 | (iii) to revoke or modify a sentence of periodic | ||||||
20 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
21 | Code of Corrections.
| ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
23 | (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| ||||||
24 | Sec. 112A-26. Arrest without warrant.
| ||||||
25 | (a) Any law enforcement officer may
make an arrest without
|
| |||||||
| |||||||
1 | warrant if the officer has probable cause to believe that the | ||||||
2 | person has
committed or is committing any crime, including but | ||||||
3 | not limited to
violation of an order of protection, under | ||||||
4 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
5 | Criminal Code of 2012 , even if the crime was not committed in | ||||||
6 | the presence of the
officer.
| ||||||
7 | (b) The law enforcement officer may verify the existence of | ||||||
8 | an order of
protection by telephone or radio communication with | ||||||
9 | his or her law enforcement
agency or by referring to the copy | ||||||
10 | of the order provided by petitioner
or respondent.
| ||||||
11 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
12 | (725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
| ||||||
13 | Sec. 112A-30. Assistance by law enforcement officers.
| ||||||
14 | (a) Whenever a law enforcement officer has reason to | ||||||
15 | believe that a person
has been abused by a family or household | ||||||
16 | member, the officer shall immediately
use all reasonable means | ||||||
17 | to prevent further abuse, including:
| ||||||
18 | (1) Arresting the abusing party, where appropriate;
| ||||||
19 | (2) If there is probable cause to believe that | ||||||
20 | particular weapons were
used to commit the incident of | ||||||
21 | abuse, subject to constitutional limitations,
seizing and | ||||||
22 | taking inventory of the weapons;
| ||||||
23 | (3) Accompanying the victim of abuse to his or her | ||||||
24 | place of residence for
a reasonable period of time to | ||||||
25 | remove necessary personal belongings and
possessions;
|
| |||||||
| |||||||
1 | (4) Offering the victim of abuse immediate and adequate | ||||||
2 | information
(written in a language appropriate for the | ||||||
3 | victim or in Braille or communicated
in appropriate sign | ||||||
4 | language), which shall include a summary of the procedures
| ||||||
5 | and relief available to victims of abuse under subsection | ||||||
6 | (c) of Section
112A-17 and the officer's name and badge | ||||||
7 | number;
| ||||||
8 | (5) Providing the victim with one referral to an | ||||||
9 | accessible service
agency;
| ||||||
10 | (6) Advising the victim of abuse about seeking medical | ||||||
11 | attention and
preserving evidence (specifically including | ||||||
12 | photographs of injury or damage
and damaged clothing or | ||||||
13 | other property); and
| ||||||
14 | (7) Providing or arranging accessible transportation | ||||||
15 | for the victim of
abuse (and, at the victim's request, any | ||||||
16 | minors or dependents in the
victim's care) to a medical | ||||||
17 | facility for treatment of injuries or to a
nearby place of | ||||||
18 | shelter or safety; or, after the close of court business
| ||||||
19 | hours, providing or arranging for transportation for the | ||||||
20 | victim (and, at
the victim's request, any minors or | ||||||
21 | dependents in the victim's care) to the
nearest available | ||||||
22 | circuit judge or associate judge so the victim may file a
| ||||||
23 | petition for an emergency order of protection under | ||||||
24 | subsection (c) of
Section 112A-17. When a victim of abuse | ||||||
25 | chooses to leave the scene of the
offense, it shall be | ||||||
26 | presumed that it is in the best interests of any minors or
|
| |||||||
| |||||||
1 | dependents in the victim's care to remain with the victim | ||||||
2 | or a person
designated by the victim, rather than to remain | ||||||
3 | with the abusing party.
| ||||||
4 | (b) Whenever a law enforcement officer does not exercise | ||||||
5 | arrest powers
or otherwise initiate criminal proceedings, the | ||||||
6 | officer shall:
| ||||||
7 | (1) Make a police report of the investigation of any | ||||||
8 | bona fide allegation
of an incident of abuse and the | ||||||
9 | disposition of the investigation, in accordance
with | ||||||
10 | subsection (a) of Section 112A-29;
| ||||||
11 | (2) Inform the victim of abuse of the victim's right to | ||||||
12 | request that a
criminal proceeding be initiated where | ||||||
13 | appropriate, including specific times
and places for | ||||||
14 | meeting with the State's Attorney's office, a warrant | ||||||
15 | officer,
or other official in accordance with local | ||||||
16 | procedure; and
| ||||||
17 | (3) Advise the victim of the importance of seeking | ||||||
18 | medical attention
and preserving evidence (specifically | ||||||
19 | including photographs of injury
or damage and damaged | ||||||
20 | clothing or other property).
| ||||||
21 | (c) Except as provided by Section 24-6 of the Criminal Code | ||||||
22 | of 2012 1961 or
under a court order, any weapon seized under | ||||||
23 | subsection (a)(2) shall be
returned forthwith to the person | ||||||
24 | from whom it was seized when it is no longer
needed for | ||||||
25 | evidentiary purposes.
| ||||||
26 | (Source: P.A. 87-1186; 88-498.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||||||
2 | Sec. 114-1. Motion to dismiss charge.
| ||||||
3 | (a) Upon the written motion of the defendant made prior to | ||||||
4 | trial before
or after a plea has been entered the court may | ||||||
5 | dismiss the indictment,
information or complaint upon any of | ||||||
6 | the following grounds:
| ||||||
7 | (1) The defendant has not been placed on trial in | ||||||
8 | compliance
with Section 103-5 of this Code.
| ||||||
9 | (2) The prosecution of the offense is barred by | ||||||
10 | Sections 3-3 through
3-8 of the Criminal Code of 2012 1961, | ||||||
11 | as
heretofore and hereafter amended .
| ||||||
12 | (3) The defendant has received immunity from | ||||||
13 | prosecution for the offense
charged.
| ||||||
14 | (4) The indictment was returned by a Grand Jury which | ||||||
15 | was improperly
selected and which results in substantial | ||||||
16 | injustice to the defendant.
| ||||||
17 | (5) The indictment was returned by a Grand Jury which | ||||||
18 | acted contrary to
Article 112 of this Code and which | ||||||
19 | results in substantial injustice to the
defendant.
| ||||||
20 | (6) The court in which the charge has been filed does | ||||||
21 | not have
jurisdiction.
| ||||||
22 | (7) The county is an improper place of trial.
| ||||||
23 | (8) The charge does not state an offense.
| ||||||
24 | (9) The indictment is based solely upon the testimony | ||||||
25 | of an incompetent
witness.
|
| |||||||
| |||||||
1 | (10) The defendant is misnamed in the charge and the | ||||||
2 | misnomer results in
substantial injustice to the | ||||||
3 | defendant.
| ||||||
4 | (11) The requirements of Section 109-3.1 have not been | ||||||
5 | complied with.
| ||||||
6 | (b) The court shall require any motion to dismiss to be | ||||||
7 | filed within a
reasonable time after the defendant has been | ||||||
8 | arraigned. Any motion not
filed within such time or an | ||||||
9 | extension thereof shall not be considered by
the court and the | ||||||
10 | grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||||||
11 | this Section, are waived.
| ||||||
12 | (c) If the motion presents only an issue of law the court | ||||||
13 | shall
determine it without the necessity of further pleadings. | ||||||
14 | If the motion
alleges facts not of record in the case the State | ||||||
15 | shall file an answer
admitting or denying each of the factual | ||||||
16 | allegations of the motion.
| ||||||
17 | (d) When an issue of fact is presented by a motion to | ||||||
18 | dismiss and the
answer of the State the court shall conduct a | ||||||
19 | hearing and determine the
issues.
| ||||||
20 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
21 | the ground set
forth in subsection (a)(7) of this Section, the | ||||||
22 | defendant shall make a prima
facie showing that the county is | ||||||
23 | an improper place of trial. Upon such
showing, the State shall | ||||||
24 | have the burden of proving, by a preponderance of
the evidence, | ||||||
25 | that the county is the proper place of trial.
| ||||||
26 | (e) Dismissal of the charge upon the grounds set forth in |
| |||||||
| |||||||
1 | subsections
(a)(4) through (a)(11) of this Section shall not | ||||||
2 | prevent the return of a
new indictment or the filing of a new | ||||||
3 | charge, and upon such dismissal
the court may order that the | ||||||
4 | defendant be held in custody or, if the
defendant had been | ||||||
5 | previously released on bail, that the bail be continued for a | ||||||
6 | specified time pending the return of a new
indictment or the | ||||||
7 | filing of a new charge.
| ||||||
8 | (f) If the court determines that the motion to dismiss | ||||||
9 | based upon the
grounds set forth in subsections (a)(6) and | ||||||
10 | (a)(7) is well founded it
may, instead of dismissal, order the | ||||||
11 | cause transferred to a court of
competent jurisdiction or to a | ||||||
12 | proper place of trial.
| ||||||
13 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
14 | (725 ILCS 5/114-4) (from Ch. 38, par. 114-4)
| ||||||
15 | Sec. 114-4. Motion for continuance.
| ||||||
16 | (a) The defendant or the State may move for a continuance. | ||||||
17 | If the
motion is made more than 30 days after arraignment the | ||||||
18 | court shall require
that it be in writing and supported by | ||||||
19 | affidavit.
| ||||||
20 | (b) A written motion for continuance made by defendant more | ||||||
21 | than 30 days
after arraignment may be granted when:
| ||||||
22 | (1) Counsel for the defendant is ill, has died, or is | ||||||
23 | held to trial
in another cause; or
| ||||||
24 | (2) Counsel for the defendant has been unable to | ||||||
25 | prepare for trial
because of illness or because he has been |
| |||||||
| |||||||
1 | held to trial in another
cause; or
| ||||||
2 | (3) A material witness is unavailable and the defense | ||||||
3 | will be
prejudiced by the absence of his testimony; | ||||||
4 | however, this shall not be a
ground for continuance if the | ||||||
5 | State will stipulate that the testimony of
the witness | ||||||
6 | would be as alleged; or
| ||||||
7 | (4) The defendant cannot stand trial because of | ||||||
8 | physical or mental
incompetency; or
| ||||||
9 | (5) Pre-trial publicity concerning the case has caused | ||||||
10 | a prejudice
against defendant on the part of the community; | ||||||
11 | or
| ||||||
12 | (6) The amendment of a charge or a bill of particulars | ||||||
13 | has taken the
defendant by surprise and he cannot fairly | ||||||
14 | defend against such an
amendment without a continuance.
| ||||||
15 | (c) A written motion for continuance made by the State more | ||||||
16 | than 30 days
after arraignment may be granted when:
| ||||||
17 | (1) The prosecutor assigned to the case is ill, has | ||||||
18 | died, or is held
to trial in another cause; or
| ||||||
19 | (2) A material witness is unavailable and the | ||||||
20 | prosecution will be
prejudiced by the absence of his | ||||||
21 | testimony; however this shall not be a
ground for | ||||||
22 | continuance if the defendant will stipulate that the
| ||||||
23 | testimony of the witness would be as alleged; or
| ||||||
24 | (3) Pre-trial publicity concerning the case has caused | ||||||
25 | a prejudice
against the prosecution on the part of the | ||||||
26 | community.
|
| |||||||
| |||||||
1 | (d) The court may upon the written motion of either party | ||||||
2 | or upon the
court's own motion order a continuance for grounds | ||||||
3 | not stated in
subsections (b) and (c) of this Section if he | ||||||
4 | finds that the interests
of justice so require.
| ||||||
5 | (e) All motions for continuance are addressed to the | ||||||
6 | discretion of
the trial court and shall be considered in the | ||||||
7 | light of the diligence
shown on the part of the movant. Where 1 | ||||||
8 | year has expired since the filing
of an information or | ||||||
9 | indictments, filed after January 1, 1980, if the court
finds | ||||||
10 | that the State has failed to use due diligence in bringing the | ||||||
11 | case
to trial, the court may, after a hearing had on the cause, | ||||||
12 | on its own
motion, dismiss the information or indictment. Any | ||||||
13 | demand that the
defendant had made for a speedy trial under | ||||||
14 | Section 103-5 of this code
shall not abate if the State files a | ||||||
15 | new information or the grand jury
reindicts in the cause.
| ||||||
16 | After a hearing has been held upon the issue of the State's | ||||||
17 | diligence and
the court has found that the State has failed to | ||||||
18 | use due diligence in pursuing
the prosecution, the court may | ||||||
19 | not dismiss the indictment or information
without granting the | ||||||
20 | State one more court date upon which to proceed. Such
date | ||||||
21 | shall be not less than 14 nor more than 30 days from the date of | ||||||
22 | the
court's finding. If the State is not prepared to proceed | ||||||
23 | upon that date,
the court shall dismiss the indictment or | ||||||
24 | information, as provided in
this Section.
| ||||||
25 | (f) After trial has begun a reasonably brief continuance | ||||||
26 | may be
granted to either side in the interests of justice.
|
| |||||||
| |||||||
1 | (g) During the time the General Assembly is in session, the | ||||||
2 | court
shall, on motion of either party or on its own motion, | ||||||
3 | grant a
continuance where the party or his attorney is a member | ||||||
4 | of either house
of the General Assembly whose presence is | ||||||
5 | necessary for the full, fair
trial of the cause and, in the | ||||||
6 | case of an attorney, where the attorney
was retained by the | ||||||
7 | party before the cause was set for trial.
| ||||||
8 | (h) This Section shall be construed to the end that | ||||||
9 | criminal cases
are tried with due diligence consonant with the | ||||||
10 | rights of the defendant
and the State to a speedy, fair and | ||||||
11 | impartial trial.
| ||||||
12 | (i) Physical incapacity of a defendant may be grounds for a
| ||||||
13 | continuance at any time. If, upon written motion of the | ||||||
14 | defendant or the State
or upon the court's own motion, and | ||||||
15 | after presentation of affidavits or
evidence, the court | ||||||
16 | determines that the defendant is physically unable
to appear in | ||||||
17 | court or to assist in his defense, or that such appearance
| ||||||
18 | would endanger his health or result in substantial prejudice, a
| ||||||
19 | continuance shall be granted. If such continuance precedes the
| ||||||
20 | appearance of counsel for such defendant the court shall | ||||||
21 | simultaneously
appoint counsel in the manner prescribed by | ||||||
22 | Section 113-3 of this Act.
Such continuance shall suspend the | ||||||
23 | provisions of Section 103-5 of this
Act, which periods of time | ||||||
24 | limitation shall commence anew when the
court, after | ||||||
25 | presentation of additional affidavits or evidence, has
| ||||||
26 | determined that such physical incapacity has been |
| |||||||
| |||||||
1 | substantially removed.
| ||||||
2 | (j) In actions arising out of building code violations or | ||||||
3 | violations
of municipal ordinances caused by the failure of a | ||||||
4 | building or structure
to conform to the minimum standards of | ||||||
5 | health and safety, the court shall
grant a continuance only | ||||||
6 | upon a written motion by the party seeking the
continuance | ||||||
7 | specifying the reason why such continuance should be granted.
| ||||||
8 | (k) In prosecutions for violations of Section 10-1, 10-2, | ||||||
9 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
10 | 12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 " or the | ||||||
11 | Criminal Code of 2012 involving a victim or witness
who is a | ||||||
12 | minor under 18 years of age, the court shall, in ruling on any
| ||||||
13 | motion or other request for a delay or continuance of | ||||||
14 | proceedings, consider
and give weight to the adverse impact the | ||||||
15 | delay or continuance may have on
the well-being of a child or | ||||||
16 | witness.
| ||||||
17 | (l) The court shall consider the age of the victim and the | ||||||
18 | condition
of the victim's health when ruling on a motion for a | ||||||
19 | continuance.
| ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
21 | (725 ILCS 5/114-11) (from Ch. 38, par. 114-11)
| ||||||
22 | Sec. 114-11. Motion to Suppress Confession.
| ||||||
23 | (a) Prior to the trial of any criminal case a defendant may | ||||||
24 | move to
suppress as evidence any confession given by him on the | ||||||
25 | ground that it was
not voluntary.
|
| |||||||
| |||||||
1 | (b) The motion shall be in writing and state facts showing | ||||||
2 | wherein the
confession is involuntary.
| ||||||
3 | (c) If the allegations of the motion state facts which, if | ||||||
4 | true, show
that the confession was not voluntarily made the | ||||||
5 | court shall conduct a
hearing into the merits of the motion.
| ||||||
6 | (d) The burden of going forward with the evidence and the | ||||||
7 | burden of
proving that a confession was voluntary shall be on | ||||||
8 | the State. Objection to
the failure of the State to call all | ||||||
9 | material witnesses on the issue of
whether the confession was | ||||||
10 | voluntary must be made in the trial court.
| ||||||
11 | (e) The motion shall be made only before a court with | ||||||
12 | jurisdiction to
try the offense.
| ||||||
13 | (f) The issue of the admissibility of the confession shall | ||||||
14 | not be
submitted to the jury. The circumstances surrounding the | ||||||
15 | making of the
confession may be submitted to the jury as | ||||||
16 | bearing upon the credibility or
the weight to be given to the | ||||||
17 | confession.
| ||||||
18 | (g) The motion shall be made before trial unless | ||||||
19 | opportunity therefor
did not exist or the defendant was not | ||||||
20 | aware of the grounds for the motion.
If the motion is made | ||||||
21 | during trial, and the court determines that the
motion is not | ||||||
22 | untimely, and the court conducts a hearing on the merits and
| ||||||
23 | enters an order suppressing the confession, the court shall | ||||||
24 | terminate the
trial with respect to every defendant who was a | ||||||
25 | party to the hearing and
who was within the scope of the order | ||||||
26 | of suppression, without further
proceedings, unless the State |
| |||||||
| |||||||
1 | files a written notice that there will be no
interlocutory | ||||||
2 | appeal from such order of suppression. In the event of such
| ||||||
3 | termination, the court shall proceed with the trial of other | ||||||
4 | defendants not
thus affected. Such termination of trial shall | ||||||
5 | be proper and shall not bar
subsequent prosecution of the | ||||||
6 | identical charges and defendants; however, if
after such | ||||||
7 | termination the State fails to prosecute the interlocutory
| ||||||
8 | appeal until a determination of the merits of the appeal by the | ||||||
9 | reviewing
court, the termination shall be improper within the | ||||||
10 | meaning of subparagraph
(a) (3) of Section 3-4 of the " Criminal | ||||||
11 | Code of 2012 1961", approved July 28,
1961, as amended, and | ||||||
12 | subsequent prosecution of such defendants upon such
charges | ||||||
13 | shall be barred.
| ||||||
14 | (Source: P.A. 76-1096 .)
| ||||||
15 | (725 ILCS 5/114-12) (from Ch. 38, par. 114-12)
| ||||||
16 | Sec. 114-12. Motion to Suppress Evidence Illegally Seized.
| ||||||
17 | (a) A defendant aggrieved by an unlawful search and seizure may | ||||||
18 | move the
court for the return of property and to suppress as | ||||||
19 | evidence anything so
obtained on the ground that:
| ||||||
20 | (1) The search and seizure without a warrant was illegal; | ||||||
21 | or
| ||||||
22 | (2) The search and seizure with a warrant was illegal | ||||||
23 | because the
warrant is insufficient on its face; the evidence | ||||||
24 | seized is not that
described in the warrant; there was not | ||||||
25 | probable cause for the issuance of
the warrant; or, the warrant |
| |||||||
| |||||||
1 | was illegally executed.
| ||||||
2 | (b) The motion shall be in writing and state facts showing | ||||||
3 | wherein the
search and seizure were unlawful. The judge shall | ||||||
4 | receive evidence on any
issue of fact necessary to determine | ||||||
5 | the motion and the burden of proving
that the search and | ||||||
6 | seizure were unlawful shall be on the defendant. If the
motion | ||||||
7 | is granted the property shall be restored, unless otherwise | ||||||
8 | subject
to lawful detention, and it shall not be admissible in | ||||||
9 | evidence against the
movant at any trial.
| ||||||
10 | (1) If a defendant seeks to suppress evidence because of | ||||||
11 | the conduct of
a peace officer in obtaining the evidence, the | ||||||
12 | State may urge that the
peace officer's conduct was taken in a | ||||||
13 | reasonable and objective good faith belief that
the conduct was | ||||||
14 | proper and that the evidence discovered should not be
| ||||||
15 | suppressed if otherwise admissible. The court shall not | ||||||
16 | suppress evidence
which is otherwise admissible in a criminal | ||||||
17 | proceeding if the court
determines that the evidence was seized | ||||||
18 | by a peace officer who acted in
good faith.
| ||||||
19 | (2) "Good faith" means whenever a peace officer obtains | ||||||
20 | evidence:
| ||||||
21 | (i) pursuant to a search or an arrest warrant obtained from | ||||||
22 | a neutral
and detached judge, which warrant is free from | ||||||
23 | obvious defects other
than non-deliberate errors in | ||||||
24 | preparation and contains no material
misrepresentation by any | ||||||
25 | agent of the State, and the officer reasonably
believed the | ||||||
26 | warrant to be valid; or
|
| |||||||
| |||||||
1 | (ii) pursuant to a warrantless search incident to an arrest | ||||||
2 | for violation of
a statute or local ordinance which is later | ||||||
3 | declared unconstitutional or
otherwise invalidated.
| ||||||
4 | (3) This amendatory Act of 1987 shall not be construed to | ||||||
5 | limit the enforcement of any
appropriate civil remedy or | ||||||
6 | criminal sanction in actions pursuant to other
provisions of | ||||||
7 | law against any individual or government entity found to have
| ||||||
8 | conducted an unreasonable search or seizure.
| ||||||
9 | (4) This amendatory Act of 1987 does not apply to unlawful | ||||||
10 | electronic
eavesdropping or wiretapping.
| ||||||
11 | (c) The motion shall be made before trial unless | ||||||
12 | opportunity therefor
did not exist or the defendant was not | ||||||
13 | aware of the grounds for the motion.
If the motion is made | ||||||
14 | during trial, and the court determines that the
motion is not | ||||||
15 | untimely, and the court conducts a hearing on the merits and
| ||||||
16 | enters an order suppressing the evidence, the court shall | ||||||
17 | terminate the
trial with respect to every defendant who was a | ||||||
18 | party to the hearing and
who was within the scope of the order | ||||||
19 | of suppression, without further
proceedings, unless the State | ||||||
20 | files a written notice that there will be no
interlocutory | ||||||
21 | appeal from such order of suppression. In the event of such
| ||||||
22 | termination, the court shall proceed with the trial of other | ||||||
23 | defendants not
thus affected. Such termination of trial shall | ||||||
24 | be proper and shall not bar
subsequent prosecution of the | ||||||
25 | identical charges and defendants; however, if
after such | ||||||
26 | termination the State fails to prosecute the interlocutory
|
| |||||||
| |||||||
1 | appeal until a determination of the merits of the appeal by the | ||||||
2 | reviewing
court, the termination shall be improper within the | ||||||
3 | meaning of subparagraph
(a) (3) of Section 3-4 of the " Criminal | ||||||
4 | Code of 2012 1961", approved July 28,
1961, as amended, and | ||||||
5 | subsequent prosecution of such defendants upon such
charges | ||||||
6 | shall be barred.
| ||||||
7 | (d) The motion shall be made only before a court with | ||||||
8 | jurisdiction to
try the offense.
| ||||||
9 | (e) The order or judgment granting or denying the motion | ||||||
10 | shall state the
findings of facts and conclusions of law upon | ||||||
11 | which the order or judgment
is based.
| ||||||
12 | (Source: P.A. 85-388.)
| ||||||
13 | (725 ILCS 5/115-3) (from Ch. 38, par. 115-3)
| ||||||
14 | Sec. 115-3. Trial by the Court. (a) A trial shall be | ||||||
15 | conducted in
the presence of the defendant unless he waives the | ||||||
16 | right to be present.
| ||||||
17 | (b) Upon conclusion of the trial the court shall enter a | ||||||
18 | general
finding, except that, when the affirmative defense of | ||||||
19 | insanity has been
presented during the trial and acquittal is | ||||||
20 | based solely upon the
defense of insanity, the court shall | ||||||
21 | enter a finding of not guilty by
reason of insanity. In the | ||||||
22 | event of a finding of not guilty by reason
of insanity, a | ||||||
23 | hearing shall be held pursuant to the Mental Health and
| ||||||
24 | Developmental Disabilities Code to determine whether the | ||||||
25 | defendant is
subject to involuntary admission.
|
| |||||||
| |||||||
1 | (c) When the defendant has asserted a defense of insanity, | ||||||
2 | the court
may find the defendant guilty but mentally ill if, | ||||||
3 | after hearing all of
the evidence, the court finds that:
| ||||||
4 | (1) the State has proven beyond a reasonable doubt that the | ||||||
5 | defendant
is guilty of the offense charged; and
| ||||||
6 | (2) the defendant has failed to prove his insanity as | ||||||
7 | required in
subsection (b) of Section 3-2 of the Criminal Code | ||||||
8 | of 2012 1961, as amended, and
subsections (a), (b) and (e) of | ||||||
9 | Section
6-2 of the Criminal Code of 2012 1961, as amended ; and
| ||||||
10 | (3) the defendant has proven by a preponderance of the | ||||||
11 | evidence that
he was mentally ill, as defined in subsections | ||||||
12 | (c) and (d) of Section 6-2 of
the Criminal Code of 2012 1961, | ||||||
13 | as amended, at the time of the offense.
| ||||||
14 | (Source: P.A. 86-392.)
| ||||||
15 | (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
| ||||||
16 | Sec. 115-4.
Trial by Court and Jury.) (a) Questions of law | ||||||
17 | shall be
decided by the court and questions of fact by the | ||||||
18 | jury.
| ||||||
19 | (b) The jury shall consist of 12 members.
| ||||||
20 | (c) Upon request the parties shall be furnished with a list | ||||||
21 | of
prospective jurors with their addresses if known.
| ||||||
22 | (d) Each party may challenge jurors for cause.
If a | ||||||
23 | prospective juror has a physical impairment, the court shall | ||||||
24 | consider
such prospective juror's ability to perceive and | ||||||
25 | appreciate the evidence
when considering a challenge for cause.
|
| |||||||
| |||||||
1 | (e) A defendant tried alone shall be allowed 20 peremptory
| ||||||
2 | challenges in a capital case, 10 in a case in which the | ||||||
3 | punishment may
be imprisonment in the penitentiary, and 5 in | ||||||
4 | all other cases; except
that, in a single trial of more than | ||||||
5 | one defendant, each defendant shall
be allowed 12 peremptory | ||||||
6 | challenges in a capital case, 6 in a case in
which the | ||||||
7 | punishment may be imprisonment in the penitentiary, and 3 in
| ||||||
8 | all other cases. If several charges against a defendant or | ||||||
9 | defendants
are consolidated for trial, each defendant shall be | ||||||
10 | allowed peremptory
challenges upon one charge only, which | ||||||
11 | single charge shall be the charge
against that defendant | ||||||
12 | authorizing the greatest maximum penalty. The
State shall be | ||||||
13 | allowed the same number of peremptory challenges as all
of the | ||||||
14 | defendants.
| ||||||
15 | (f) After examination by the court the jurors may be | ||||||
16 | examined,
passed upon, accepted and tendered by opposing | ||||||
17 | counsel as provided by
Supreme Court rules.
| ||||||
18 | (g) After the jury is impaneled and sworn the court may | ||||||
19 | direct the
selection of 2 alternate jurors who shall take the | ||||||
20 | same oath as the
regular jurors. Each party shall have one | ||||||
21 | additional peremptory
challenge for each alternate juror. If | ||||||
22 | before the final submission of a
cause a member of the jury | ||||||
23 | dies or is discharged he shall be replaced by
an alternate | ||||||
24 | juror in the order of selection.
| ||||||
25 | (h) A trial by the court and jury shall be conducted in the | ||||||
26 | presence
of the defendant unless he waives the right to be |
| |||||||
| |||||||
1 | present.
| ||||||
2 | (i) After arguments of counsel the court shall instruct the | ||||||
3 | jury as
to the law.
| ||||||
4 | (j) Unless the affirmative defense of insanity has been | ||||||
5 | presented
during the trial, the jury shall return a general | ||||||
6 | verdict as to each
offense charged. When the affirmative | ||||||
7 | defense of insanity has been
presented during the trial, the | ||||||
8 | court shall provide the jury not only
with general verdict | ||||||
9 | forms but also with a special verdict form of not
guilty by | ||||||
10 | reason of insanity, as to each offense charged, and in such
| ||||||
11 | event the court shall separately instruct the jury that a | ||||||
12 | special verdict
of not guilty by reason of insanity may be | ||||||
13 | returned instead of a general
verdict but such special verdict | ||||||
14 | requires a unanimous finding by the jury
that the defendant | ||||||
15 | committed the acts charged but at the time of the
commission of | ||||||
16 | those acts the defendant was insane. In the event of a
verdict | ||||||
17 | of not guilty by reason of insanity, a hearing shall be held
| ||||||
18 | pursuant to the Mental Health and Developmental Disabilities | ||||||
19 | Code to
determine whether the defendant is subject to | ||||||
20 | involuntary admission.
When the affirmative defense of | ||||||
21 | insanity has been presented during the trial,
the court, where | ||||||
22 | warranted by the evidence, shall also provide the jury
with a | ||||||
23 | special verdict form of guilty but mentally ill, as to each | ||||||
24 | offense
charged and shall separately instruct the jury that a | ||||||
25 | special verdict of
guilty but mentally ill may be returned | ||||||
26 | instead of a general verdict, but
that such special verdict |
| |||||||
| |||||||
1 | requires a unanimous finding by the jury that:
(1) the State | ||||||
2 | has proven beyond a reasonable doubt that the defendant is
| ||||||
3 | guilty of the offense charged; and (2) the defendant has failed | ||||||
4 | to prove
his insanity as required in subsection (b) of Section | ||||||
5 | 3-2 of the Criminal
Code of 2012 1961, as amended, and | ||||||
6 | subsections (a), (b) and (e) of Section 6-2
of the Criminal | ||||||
7 | Code of 2012 1961, as amended ; and (3) the defendant has proven
| ||||||
8 | by a preponderance of the evidence that he was mentally ill, as | ||||||
9 | defined in
subsections (c) and (d) of Section 6-2 of the | ||||||
10 | Criminal Code of 2012 1961, as
amended, at the time of the | ||||||
11 | offense.
| ||||||
12 | (k) When, at the close of the State's evidence or at the | ||||||
13 | close of
all of the evidence, the evidence is insufficient to | ||||||
14 | support a finding
or verdict of guilty the court may and on | ||||||
15 | motion of the defendant shall
make a finding or direct the jury | ||||||
16 | to return a verdict of not guilty,
enter a judgment of | ||||||
17 | acquittal and discharge the defendant.
| ||||||
18 | (l) When the jury retires to consider its verdict an | ||||||
19 | officer of the
court shall be appointed to keep them together | ||||||
20 | and to prevent
conversation between the jurors and others; | ||||||
21 | however, if any juror is deaf,
the jury may be accompanied by | ||||||
22 | and may communicate with a court-appointed
interpreter during | ||||||
23 | its deliberations. Upon agreement between the
State and | ||||||
24 | defendant or his counsel the jury may seal and deliver its
| ||||||
25 | verdict to the clerk of the court, separate, and then return | ||||||
26 | such
verdict in open court at its next session.
|
| |||||||
| |||||||
1 | (m) In the trial of a capital or other offense, any juror | ||||||
2 | who is a
member of a panel or jury which has been impaneled and | ||||||
3 | sworn as a panel
or as a jury shall be permitted to separate | ||||||
4 | from other such jurors
during every period of adjournment to a | ||||||
5 | later day, until final
submission of the cause to the jury for | ||||||
6 | determination, except that no
such separation shall be | ||||||
7 | permitted in any trial after the court, upon
motion by the | ||||||
8 | defendant or the State or upon its own motion, finds a
| ||||||
9 | probability that prejudice to the defendant or to the State | ||||||
10 | will result
from such separation.
| ||||||
11 | (n) The members of the jury shall be entitled to take notes | ||||||
12 | during the
trial, and the sheriff of the county in which the | ||||||
13 | jury is sitting shall
provide them with writing materials for | ||||||
14 | this purpose. Such notes shall
remain confidential, and shall | ||||||
15 | be destroyed by the sheriff after the verdict
has been returned | ||||||
16 | or a mistrial declared.
| ||||||
17 | (o) A defendant tried by the court and jury shall only be | ||||||
18 | found guilty,
guilty but mentally ill, not guilty or not guilty | ||||||
19 | by reason of insanity,
upon the unanimous verdict of the jury.
| ||||||
20 | (Source: P.A. 86-392.)
| ||||||
21 | (725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
| ||||||
22 | Sec. 115-6. Appointment of Psychiatrist or Clinical | ||||||
23 | Psychologist. If the defendant has given notice that he may | ||||||
24 | rely upon the defense of insanity
as defined in Section 6-2 of | ||||||
25 | the Criminal Code of 2012 1961 or the defendant
indicates that |
| |||||||
| |||||||
1 | he intends to plead guilty but mentally ill or the defense
of | ||||||
2 | intoxicated or drugged condition as defined in Section 6-3 of | ||||||
3 | the Criminal
Code of 2012 1961 or if the facts and | ||||||
4 | circumstances of the case justify a reasonable
belief that the | ||||||
5 | aforesaid defenses may be raised, the Court shall, on motion
of | ||||||
6 | the State, order the defendant to submit to examination
by at | ||||||
7 | least one clinical psychologist or psychiatrist, to be named by | ||||||
8 | the
prosecuting attorney. The
Court shall also order the | ||||||
9 | defendant to submit to an examination by one
neurologist, one | ||||||
10 | clinical psychologist and one
electroencephalographer to be | ||||||
11 | named by the prosecuting attorney if the
State asks for one or | ||||||
12 | more of such additional examinations. The Court may
order | ||||||
13 | additional examinations if the Court finds that additional
| ||||||
14 | examinations by additional experts will be of substantial value | ||||||
15 | in the
determination of issues of insanity or
drugged | ||||||
16 | conditions. The reports of
such experts shall be made available | ||||||
17 | to the defense. Any statements made by
defendant to such | ||||||
18 | experts shall not be admissible against the defendant
unless he | ||||||
19 | raises the defense of insanity or the defense of drugged
| ||||||
20 | condition, in which case they shall be admissible only on the | ||||||
21 | issue of
whether he was insane or drugged. The refusal of the | ||||||
22 | defendant to cooperate
in such examinations shall not | ||||||
23 | automatically preclude the raising of the aforesaid
defenses | ||||||
24 | but shall preclude the defendant from offering expert evidence | ||||||
25 | or
testimony tending to support such defenses if the expert | ||||||
26 | evidence or
testimony is based upon the expert's examination of |
| |||||||
| |||||||
1 | the defendant. If
the Court, after a hearing, determines to its | ||||||
2 | satisfaction that the defendant's
refusal to cooperate was | ||||||
3 | unreasonable it may, in its sound discretion, bar
any or all | ||||||
4 | evidence upon the defense asserted.
| ||||||
5 | (Source: P.A. 82-553.)
| ||||||
6 | (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| ||||||
7 | Sec. 115-7. a. In prosecutions for predatory criminal | ||||||
8 | sexual assault of a
child, aggravated criminal sexual assault,
| ||||||
9 | criminal sexual assault, aggravated criminal sexual abuse,
| ||||||
10 | criminal sexual abuse, or criminal transmission of HIV; and in
| ||||||
11 | prosecutions for battery and aggravated battery, when the | ||||||
12 | commission of the
offense involves sexual penetration or sexual | ||||||
13 | conduct as defined in Section
11-0.1 of the Criminal Code of | ||||||
14 | 2012 1961 ; and with the trial or retrial of the
offenses | ||||||
15 | formerly known as rape, deviate sexual assault, indecent | ||||||
16 | liberties
with a child, and aggravated indecent liberties with | ||||||
17 | a child, the prior
sexual activity or the reputation of the | ||||||
18 | alleged victim or corroborating
witness under Section 115-7.3 | ||||||
19 | of this Code is inadmissible except
(1) as evidence
concerning | ||||||
20 | the past sexual conduct of the alleged victim or corroborating
| ||||||
21 | witness under Section 115-7.3 of this Code with the accused
| ||||||
22 | when
this evidence is offered by the accused upon the issue of | ||||||
23 | whether the alleged
victim or corroborating witness under | ||||||
24 | Section 115-7.3 of this Code
consented to the sexual conduct | ||||||
25 | with respect to which the offense is
alleged; or (2) when |
| |||||||
| |||||||
1 | constitutionally required to be admitted.
| ||||||
2 | b. No evidence admissible under this Section shall be | ||||||
3 | introduced unless
ruled admissible by the trial judge after an | ||||||
4 | offer of proof has been made
at a hearing to be held in camera | ||||||
5 | in order to determine whether the defense
has evidence to | ||||||
6 | impeach the witness in the event that prior sexual activity
| ||||||
7 | with the defendant is denied. Such offer of proof shall include
| ||||||
8 | reasonably specific information as to the date, time and place | ||||||
9 | of the past
sexual conduct
between the alleged victim or | ||||||
10 | corroborating witness under Section 115-7.3 of
this Code and | ||||||
11 | the defendant. Unless the court finds
that reasonably specific | ||||||
12 | information as to date, time or place, or some
combination | ||||||
13 | thereof, has been offered as to prior sexual activity with
the | ||||||
14 | defendant, counsel for the defendant shall be ordered
to | ||||||
15 | refrain from inquiring into prior sexual activity between the | ||||||
16 | alleged
victim or corroborating witness under Section 115-7.3 | ||||||
17 | of this Code and the
defendant.
The court shall not admit | ||||||
18 | evidence under this Section unless it determines at
the hearing | ||||||
19 | that the evidence is relevant and the probative value of the
| ||||||
20 | evidence outweighs the danger of unfair prejudice. The evidence | ||||||
21 | shall be
admissible at trial to the extent an order made by the | ||||||
22 | court specifies the
evidence that may be admitted and areas | ||||||
23 | with respect to which the alleged
victim or corroborating | ||||||
24 | witness under Section 115-7.3 of this Code may be
examined or | ||||||
25 | cross examined.
| ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/115-7.2) (from Ch. 38, par. 115-7.2)
| ||||||
2 | Sec. 115-7.2.
In a prosecution for an illegal sexual act | ||||||
3 | perpetrated upon a
victim, including but not limited to | ||||||
4 | prosecutions for violations of
Sections 11-1.20 through | ||||||
5 | 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 , or ritualized
abuse of a child under | ||||||
7 | Section 12-33 of the Criminal Code of 1961 or the Criminal Code | ||||||
8 | of 2012 , testimony
by
an expert, qualified by the court | ||||||
9 | relating to any
recognized and accepted form of post-traumatic | ||||||
10 | stress syndrome shall be
admissible as evidence.
| ||||||
11 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
12 | (725 ILCS 5/115-7.3)
| ||||||
13 | Sec. 115-7.3. Evidence in certain cases.
| ||||||
14 | (a) This Section applies to criminal cases in which:
| ||||||
15 | (1) the defendant is accused of predatory criminal | ||||||
16 | sexual assault of a
child, aggravated criminal sexual | ||||||
17 | assault, criminal sexual assault, aggravated
criminal | ||||||
18 | sexual abuse,
criminal sexual abuse, child pornography, | ||||||
19 | aggravated child pornography, or criminal transmission of | ||||||
20 | HIV;
| ||||||
21 | (2) the defendant is accused of battery, aggravated | ||||||
22 | battery, first degree murder, or second degree murder when | ||||||
23 | the
commission of the offense involves sexual penetration | ||||||
24 | or sexual conduct as
defined in Section 11-0.1 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012 1961 ; or
| ||||||
2 | (3) the defendant is tried or retried for any of the | ||||||
3 | offenses formerly
known as rape, deviate sexual assault, | ||||||
4 | indecent liberties with a child, or
aggravated indecent | ||||||
5 | liberties with a child.
| ||||||
6 | (b) If the defendant is accused of an offense set forth in | ||||||
7 | paragraph (1)
or (2) of subsection (a) or the defendant is | ||||||
8 | tried or retried for any of the
offenses set forth in paragraph | ||||||
9 | (3) of subsection (a), evidence of the
defendant's commission | ||||||
10 | of another offense or offenses set forth in paragraph
(1), (2), | ||||||
11 | or (3) of subsection (a), or evidence to rebut that proof or an
| ||||||
12 | inference from that proof, may be admissible (if that evidence | ||||||
13 | is otherwise
admissible under the rules of evidence) and may be | ||||||
14 | considered for its bearing
on any matter to which it is | ||||||
15 | relevant.
| ||||||
16 | (c) In weighing the probative value of the evidence against | ||||||
17 | undue
prejudice to the defendant, the court may consider:
| ||||||
18 | (1) the proximity in time to the charged or predicate | ||||||
19 | offense;
| ||||||
20 | (2) the degree of factual similarity to the charged or | ||||||
21 | predicate offense;
or
| ||||||
22 | (3) other relevant facts and circumstances.
| ||||||
23 | (d) In a criminal case in which the prosecution intends to | ||||||
24 | offer evidence
under this Section, it must disclose the | ||||||
25 | evidence, including statements of
witnesses or a summary of the | ||||||
26 | substance of any testimony, at a reasonable time
in advance of |
| |||||||
| |||||||
1 | trial, or during trial if the court excuses pretrial notice on
| ||||||
2 | good cause shown.
| ||||||
3 | (e) In a criminal case in which evidence is offered under | ||||||
4 | this Section,
proof may be made by specific instances of | ||||||
5 | conduct, testimony as to reputation,
or testimony in the form | ||||||
6 | of an expert opinion, except that the prosecution may
offer
| ||||||
7 | reputation testimony only after the opposing party has offered | ||||||
8 | that
testimony.
| ||||||
9 | (f) In prosecutions for a violation of Section 10-2, | ||||||
10 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | ||||||
11 | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012 , involving the
| ||||||
13 | involuntary delivery
of a controlled substance to a victim, no | ||||||
14 | inference may be made about the fact
that a victim did not | ||||||
15 | consent to a test for the presence of controlled
substances.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13.)
| ||||||
17 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
18 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
19 | (a) In a prosecution for a physical or sexual act | ||||||
20 | perpetrated upon or
against a child under the age of 13, or a
| ||||||
21 | person who was a moderately, severely, or
profoundly | ||||||
22 | intellectually disabled person as
defined in this
Code and in | ||||||
23 | Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012 at the time the act was committed, including but | ||||||
25 | not
limited to prosecutions for violations of Sections 11-1.20 |
| |||||||
| |||||||
1 | through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 and prosecutions for | ||||||
3 | violations of Sections
10-1 (kidnapping), 10-2 (aggravated | ||||||
4 | kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | ||||||
5 | unlawful restraint), 10-4 (forcible detention), 10-5 (child | ||||||
6 | abduction), 10-6 (harboring a runaway), 10-7 (aiding or | ||||||
7 | abetting child abduction), 11-9 (public indecency), 11-11 | ||||||
8 | (sexual relations within families), 11-21 (harmful material), | ||||||
9 | 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | ||||||
10 | 12-3.2 (domestic battery), 12-3.3 (aggravated domestic | ||||||
11 | battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | ||||||
12 | (heinous battery), 12-4.2 (aggravated battery with a firearm), | ||||||
13 | 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | ||||||
14 | infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | ||||||
15 | (intimidation), 12-6.1 or 12-6.5 (compelling organization | ||||||
16 | membership of persons), 12-7.1 (hate crime), 12-7.3 | ||||||
17 | (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 | ||||||
18 | (tattooing the body of a minor), 12-11 or 19-6 (home invasion), | ||||||
19 | 12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 | ||||||
20 | (endangering the life or health of a child) or 12-32 (ritual | ||||||
21 | mutilation) of the Criminal Code of
1961 or the Criminal Code | ||||||
22 | of 2012 or any sex offense as defined in subsection (B) of | ||||||
23 | Section 2 of the Sex Offender Registration Act, the following | ||||||
24 | evidence shall be admitted as an exception to the
hearsay rule:
| ||||||
25 | (1) testimony by the victim of an out of court | ||||||
26 | statement made by the
victim that he or
she complained of |
| |||||||
| |||||||
1 | such act to another; and
| ||||||
2 | (2) testimony of an out of court statement made by the | ||||||
3 | victim describing
any complaint of such act or matter or | ||||||
4 | detail pertaining to any act which is an
element of an | ||||||
5 | offense which is the subject of a prosecution for a sexual | ||||||
6 | or
physical act against that victim.
| ||||||
7 | (b) Such testimony shall only be admitted if:
| ||||||
8 | (1) The court finds in a hearing conducted outside the | ||||||
9 | presence of the
jury that the time, content, and | ||||||
10 | circumstances of the statement provide
sufficient | ||||||
11 | safeguards of reliability; and
| ||||||
12 | (2) The child or moderately, severely, or
profoundly | ||||||
13 | intellectually disabled person either:
| ||||||
14 | (A) testifies at the proceeding; or
| ||||||
15 | (B) is unavailable as a witness and there is | ||||||
16 | corroborative evidence of
the act which is the subject | ||||||
17 | of the statement; and
| ||||||
18 | (3) In a case involving an offense perpetrated against | ||||||
19 | a child under the
age of 13, the out of court statement was | ||||||
20 | made before the
victim attained 13 years of age or within 3 | ||||||
21 | months after the commission of the
offense, whichever | ||||||
22 | occurs later, but the statement may be admitted regardless
| ||||||
23 | of the age of
the victim at the time of the proceeding.
| ||||||
24 | (c) If a statement is admitted pursuant to this Section, | ||||||
25 | the court shall
instruct the jury that it is for the jury to | ||||||
26 | determine the weight and
credibility to be given the statement |
| |||||||
| |||||||
1 | and that, in making the determination,
it shall consider the | ||||||
2 | age and maturity of the child, or the
intellectual capabilities | ||||||
3 | of the moderately,
severely,
or profoundly intellectually | ||||||
4 | disabled
person, the nature of the statement, the circumstances | ||||||
5 | under which the
statement was made, and any other relevant | ||||||
6 | factor.
| ||||||
7 | (d) The proponent of the statement shall give the adverse | ||||||
8 | party
reasonable notice of his intention to offer the statement | ||||||
9 | and the
particulars of the statement.
| ||||||
10 | (e) Statements described in paragraphs (1) and (2) of | ||||||
11 | subsection (a) shall
not be excluded on the basis that they | ||||||
12 | were obtained as a result of interviews
conducted pursuant to a | ||||||
13 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
14 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
15 | Children's
Advocacy Center Act or that an interviewer or | ||||||
16 | witness to the interview was or
is an employee, agent, or | ||||||
17 | investigator of a State's Attorney's office.
| ||||||
18 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
19 | 965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff. | ||||||
20 | 7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
21 | eff. 1-1-13; revised 9-20-12.)
| ||||||
22 | (725 ILCS 5/115-10.2a)
| ||||||
23 | Sec. 115-10.2a.
Admissibility of prior statements in | ||||||
24 | domestic violence
prosecutions when the witness is unavailable | ||||||
25 | to testify.
|
| |||||||
| |||||||
1 | (a) In a domestic violence prosecution, a statement, made | ||||||
2 | by an
individual identified in Section 201 of the Illinois | ||||||
3 | Domestic Violence Act of
1986 as a person protected by that | ||||||
4 | Act, that is not specifically covered by
any other hearsay | ||||||
5 | exception but having equivalent circumstantial guarantees
of | ||||||
6 | trustworthiness, is not excluded by the hearsay rule if the | ||||||
7 | declarant is
identified as unavailable as defined in subsection | ||||||
8 | (c) and if the court
determines that:
| ||||||
9 | (1) the statement is offered as evidence of a material | ||||||
10 | fact; and
| ||||||
11 | (2) the statement is more probative on the point for | ||||||
12 | which it is offered
than
any other evidence which the | ||||||
13 | proponent can procure through reasonable
efforts; and
| ||||||
14 | (3) the general purposes of this Section and the | ||||||
15 | interests of justice
will
best be served by admission of | ||||||
16 | the statement into evidence.
| ||||||
17 | (b) A statement may not be admitted under this exception | ||||||
18 | unless the
proponent of
it
makes
known to the adverse party | ||||||
19 | sufficiently in advance of the trial or hearing to
provide the | ||||||
20 | adverse party with a fair opportunity to prepare to meet it, | ||||||
21 | the
proponent's intention to offer the statement, and the | ||||||
22 | particulars of the
statement,
including the name and address of | ||||||
23 | the declarant.
| ||||||
24 | (c) Unavailability as a witness includes circumstances in | ||||||
25 | which the
declarant:
| ||||||
26 | (1) is exempted by ruling of the court on the ground of |
| |||||||
| |||||||
1 | privilege from
testifying concerning the subject matter of | ||||||
2 | the declarant's
statement; or
| ||||||
3 | (2) persists in refusing to testify concerning the | ||||||
4 | subject matter of the
declarant's statement despite an | ||||||
5 | order of the court to do so; or
| ||||||
6 | (3) testifies to a lack of memory of the subject matter | ||||||
7 | of the declarant's
statement; or
| ||||||
8 | (4) is unable to be present or to testify at the | ||||||
9 | hearing because of health
or then
existing physical or | ||||||
10 | mental illness or infirmity; or
| ||||||
11 | (5) is absent from the hearing and the proponent of the | ||||||
12 | statement has been
unable to procure the declarant's | ||||||
13 | attendance by process or other
reasonable means; or
| ||||||
14 | (6) is a crime victim as defined in Section 3 of the | ||||||
15 | Rights of Crime
Victims
and Witnesses Act and the failure | ||||||
16 | of the declarant to testify is
caused by the defendant's | ||||||
17 | intimidation of the declarant as defined
in Section 12-6 of | ||||||
18 | the Criminal Code of 2012 1961 .
| ||||||
19 | (d) A declarant is not unavailable as a witness if | ||||||
20 | exemption, refusal, claim
of lack of memory, inability, or | ||||||
21 | absence is due to the procurement or
wrongdoing of the | ||||||
22 | proponent of a statement for purpose of preventing
the witness | ||||||
23 | from attending or testifying.
| ||||||
24 | (e) Nothing in this Section shall render a prior statement | ||||||
25 | inadmissible for
purposes of impeachment because the statement | ||||||
26 | was not recorded or
otherwise fails to meet the criteria set |
| |||||||
| |||||||
1 | forth in this Section.
| ||||||
2 | (Source: P.A. 93-443, eff. 8-5-03.)
| ||||||
3 | (725 ILCS 5/115-10.3)
| ||||||
4 | Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||||||
5 | (a) In a prosecution for a physical act, abuse, neglect, or | ||||||
6 | financial
exploitation
perpetrated upon or against an eligible | ||||||
7 | adult, as defined in
the Elder Abuse
and Neglect
Act, who has | ||||||
8 | been diagnosed by a physician to suffer from (i) any form of
| ||||||
9 | dementia, developmental disability, or other form of mental | ||||||
10 | incapacity or (ii)
any physical infirmity, including but not | ||||||
11 | limited to
prosecutions for violations of Sections 10-1, 10-2, | ||||||
12 | 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
13 | 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, | ||||||
14 | 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, | ||||||
15 | 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, | ||||||
16 | 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, | ||||||
17 | 18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) | ||||||
18 | of Section 12-4.4a, or subsection (a) of Section 17-32, of the
| ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012 , the | ||||||
20 | following evidence shall be admitted
as an exception to the | ||||||
21 | hearsay rule:
| ||||||
22 | (1) testimony by an eligible adult, of an out of court | ||||||
23 | statement made by
the eligible adult, that he or she | ||||||
24 | complained of such act to another; and
| ||||||
25 | (2) testimony of an out of court statement made by the
|
| |||||||
| |||||||
1 | eligible adult,
describing any complaint of such act or | ||||||
2 | matter or detail pertaining to any act
which is an element | ||||||
3 | of an offense which is the subject of a prosecution for
a | ||||||
4 | physical act, abuse, neglect, or financial exploitation | ||||||
5 | perpetrated
upon or
against the eligible adult.
| ||||||
6 | (b) Such testimony shall only be admitted if:
| ||||||
7 | (1) The court finds in a hearing conducted outside the | ||||||
8 | presence of the
jury that the time, content, and | ||||||
9 | circumstances of the statement provide
sufficient | ||||||
10 | safeguards of reliability; and
| ||||||
11 | (2) The eligible adult either:
| ||||||
12 | (A) testifies at the proceeding; or
| ||||||
13 | (B) is unavailable as a witness and there is | ||||||
14 | corroborative evidence of
the act which is the subject | ||||||
15 | of the statement.
| ||||||
16 | (c) If a statement is admitted pursuant to this Section, | ||||||
17 | the court shall
instruct the jury that it is for the jury to | ||||||
18 | determine the weight and
credibility to be given the statement | ||||||
19 | and that, in making the determination, it
shall consider the | ||||||
20 | condition of the eligible adult, the nature of
the
statement, | ||||||
21 | the circumstances under which the statement was made, and any | ||||||
22 | other
relevant factor.
| ||||||
23 | (d) The proponent of the statement shall give the adverse | ||||||
24 | party reasonable
notice of his or her intention to offer the | ||||||
25 | statement and the particulars of
the statement.
| ||||||
26 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; |
| |||||||
| |||||||
1 | 96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article | ||||||
2 | 10, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109, | ||||||
3 | eff. 1-1-13.) | ||||||
4 | (725 ILCS 5/115-10.6) | ||||||
5 | Sec. 115-10.6. Hearsay exception for intentional murder of | ||||||
6 | a witness. | ||||||
7 | (a) A statement is not rendered inadmissible by the hearsay | ||||||
8 | rule if it is offered against a party that has killed the | ||||||
9 | declarant in violation of clauses (a)(1) and (a)(2) of Section | ||||||
10 | 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | intending to procure the unavailability of the declarant as a | ||||||
12 | witness in a criminal or civil proceeding. | ||||||
13 | (b) While intent to procure the unavailability of the | ||||||
14 | witness is a necessary element for the introduction of the | ||||||
15 | statements, it need not be the sole motivation behind the | ||||||
16 | murder which procured the unavailability of the declarant as a | ||||||
17 | witness. | ||||||
18 | (c) The murder of the declarant may, but need not, be the | ||||||
19 | subject of the trial at which the statement is being offered. | ||||||
20 | If the murder of the declarant is not the subject of the trial | ||||||
21 | at which the statement is being offered, the murder need not | ||||||
22 | have ever been prosecuted. | ||||||
23 | (d) The proponent of the statements shall give the adverse | ||||||
24 | party reasonable written notice of its intention to offer the | ||||||
25 | statements and the substance of the particulars of each |
| |||||||
| |||||||
1 | statement of the declarant. For purposes of this Section, | ||||||
2 | identifying the location of the statements in tendered | ||||||
3 | discovery shall be sufficient to satisfy the substance of the | ||||||
4 | particulars of the statement. | ||||||
5 | (e) The admissibility of the statements shall be determined | ||||||
6 | by the court at a pretrial hearing. At the hearing, the | ||||||
7 | proponent of the statement bears the burden of establishing 3 | ||||||
8 | criteria by a preponderance of the evidence: | ||||||
9 | (1) first, that the adverse party murdered the | ||||||
10 | declarant and that the murder was intended to cause the | ||||||
11 | unavailability of the declarant as a witness; | ||||||
12 | (2) second, that the time, content, and circumstances | ||||||
13 | of the statements provide sufficient safeguards of | ||||||
14 | reliability; | ||||||
15 | (3) third, the interests of justice will best be served | ||||||
16 | by admission of the statement into evidence. | ||||||
17 | (f) The court shall make specific findings as to each of | ||||||
18 | these criteria on the record before ruling on the admissibility | ||||||
19 | of said statements. | ||||||
20 | (g) This Section in no way precludes or changes the | ||||||
21 | application of the existing common law doctrine of forfeiture | ||||||
22 | by wrongdoing.
| ||||||
23 | (Source: P.A. 95-1004, eff. 12-8-08.)
| ||||||
24 | (725 ILCS 5/115-11) (from Ch. 38, par. 115-11)
| ||||||
25 | Sec. 115-11.
In a prosecution for a criminal offense |
| |||||||
| |||||||
1 | defined
in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
2 | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
| ||||||
3 | " Criminal Code of 1961 or the Criminal Code of 2012 " , where the | ||||||
4 | alleged victim of the offense is a minor
under 18
years of age, | ||||||
5 | the court may exclude from the proceedings
while the victim is | ||||||
6 | testifying, all persons, who, in the opinion of the
court, do | ||||||
7 | not have a direct interest in the case, except the media.
| ||||||
8 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
9 | (725 ILCS 5/115-11.1) (from Ch. 38, par. 115-11.1)
| ||||||
10 | Sec. 115-11.1. Use of "Rape". The use of the word "rape", | ||||||
11 | "rapist", or
any derivative of "rape" by any victim, witness, | ||||||
12 | State's Attorney, defense
attorney, judge or other court | ||||||
13 | personnel in any prosecutions of offenses in
Sections 11-1.20 | ||||||
14 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012 , as amended, is
not | ||||||
16 | inadmissible.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
18 | (725 ILCS 5/115-13) (from Ch. 38, par. 115-13)
| ||||||
19 | Sec. 115-13.
In a prosecution for violation of Section | ||||||
20 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
21 | 12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 " , statements made by the
victim to | ||||||
23 | medical personnel for purposes of medical diagnosis or | ||||||
24 | treatment
including descriptions of the cause of symptom, pain |
| |||||||
| |||||||
1 | or sensations, or the
inception or general character of the | ||||||
2 | cause or external source thereof
insofar as reasonably | ||||||
3 | pertinent to diagnosis or treatment shall be admitted
as an | ||||||
4 | exception to the hearsay rule.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
6 | (725 ILCS 5/115-15)
| ||||||
7 | Sec. 115-15. Laboratory reports.
| ||||||
8 | (a) In any criminal prosecution for a violation of
the | ||||||
9 | Cannabis
Control Act, the Illinois Controlled Substances Act, | ||||||
10 | or the Methamphetamine Control and Community Protection Act, a | ||||||
11 | laboratory report
from the Department of State Police, Division | ||||||
12 | of Forensic Services, that is
signed and sworn to by the person | ||||||
13 | performing an
analysis and that states (1) that the substance | ||||||
14 | that is the basis of the
alleged
violation
has been weighed and | ||||||
15 | analyzed, and (2) the person's findings as to the
contents, | ||||||
16 | weight and identity of the substance, and (3) that it contains | ||||||
17 | any
amount of a controlled substance or cannabis is prima facie | ||||||
18 | evidence of the
contents, identity and weight of the substance. | ||||||
19 | Attached to the report
shall be a copy of a notarized statement | ||||||
20 | by the signer of the report giving
the name of the signer and | ||||||
21 | stating (i) that he or she is an employee of the
Department of | ||||||
22 | State Police, Division of Forensic Services,
(ii) the name and | ||||||
23 | location of the laboratory where the analysis was
performed, | ||||||
24 | (iii) that performing the analysis is a part of his or her | ||||||
25 | regular
duties, and (iv) that the signer is qualified by |
| |||||||
| |||||||
1 | education, training and
experience to perform the analysis. The | ||||||
2 | signer shall also allege that
scientifically accepted tests | ||||||
3 | were performed with due caution and that the
evidence was | ||||||
4 | handled in accordance with established and accepted procedures
| ||||||
5 | while in the custody of the laboratory.
| ||||||
6 | (a-5) In any criminal prosecution for reckless homicide | ||||||
7 | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||||||
8 | Code of 2012, or driving under the influence of alcohol, other | ||||||
9 | drug, or combination of
both, in
violation of Section
11-501 of | ||||||
10 | the Illinois Vehicle Code or in any civil action held under a
| ||||||
11 | statutory summary
suspension or revocation hearing under | ||||||
12 | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||||||
13 | report from the
Department of State Police, Division of | ||||||
14 | Forensic Services, that is signed and
sworn to by the person
| ||||||
15 | performing an analysis, and that states
that the sample of | ||||||
16 | blood or urine was tested for alcohol or
drugs, and
contains | ||||||
17 | the person's findings as to the presence and amount
of
alcohol | ||||||
18 | or
drugs and type of drug is prima facie evidence of
the | ||||||
19 | presence, content, and amount of the alcohol or drugs analyzed | ||||||
20 | in
the blood or urine. Attached to the report must be a copy of | ||||||
21 | a notarized
statement by the
signer of the report giving the | ||||||
22 | name of the signer and stating (1) that he or
she is an | ||||||
23 | employee
of the Department of State Police, Division of | ||||||
24 | Forensic Services, (2) the name
and location
of the laboratory | ||||||
25 | where the analysis was performed, (3) that performing the
| ||||||
26 | analysis is a part
of his or her regular duties, (4) that the |
| |||||||
| |||||||
1 | signer is qualified by
education, training, and
experience to | ||||||
2 | perform the analysis, and (5) that
scientifically accepted
| ||||||
3 | tests were performed with due caution and that the evidence was | ||||||
4 | handled in
accordance with
established and accepted procedures | ||||||
5 | while in the custody of the laboratory.
| ||||||
6 | (b) The State's Attorney shall serve a copy of the report | ||||||
7 | on the
attorney of record for the accused, or on the accused if | ||||||
8 | he or she has no
attorney, before any proceeding in which the | ||||||
9 | report is to be used against
the accused other than at a | ||||||
10 | preliminary hearing or grand jury hearing when
the report may | ||||||
11 | be used without having been previously served upon the accused.
| ||||||
12 | (c) The report shall not be prima facie evidence if the
| ||||||
13 | accused or his or her attorney
demands the testimony of the | ||||||
14 | person signing the report by serving the
demand upon the | ||||||
15 | State's Attorney within 7 days from the accused or his or her
| ||||||
16 | attorney's receipt of the report.
| ||||||
17 | (Source: P.A. 96-1344, eff. 7-1-11 .)
| ||||||
18 | (725 ILCS 5/115-16)
| ||||||
19 | Sec. 115-16. Witness disqualification. No person shall
be | ||||||
20 | disqualified as a witness in a
criminal case or proceeding by | ||||||
21 | reason of his or her interest in the event of
the case or | ||||||
22 | proceeding, as a party or otherwise, or by reason of
his or her | ||||||
23 | having been convicted of a crime; but the
interest or | ||||||
24 | conviction may be shown for the purpose of affecting the
| ||||||
25 | credibility of the witness. A defendant in
a criminal case or |
| |||||||
| |||||||
1 | proceeding shall only at his or her own request
be deemed a | ||||||
2 | competent witness, and the person's neglect to testify shall | ||||||
3 | not
create a presumption against the person, nor shall the | ||||||
4 | court permit
a reference or comment to be made to or upon that
| ||||||
5 | neglect.
| ||||||
6 | In criminal cases, husband and wife may testify for or | ||||||
7 | against each
other. Neither, however, may testify as to any
| ||||||
8 | communication or admission
made by either of them to the other | ||||||
9 | or as to any conversation between them
during marriage, except | ||||||
10 | in cases in which either is charged with
an offense against the | ||||||
11 | person or property of the other, in case of
spouse abandonment, | ||||||
12 | when the interests of their child or
children or of any child | ||||||
13 | or children in either spouse's care, custody, or
control are | ||||||
14 | directly involved, when either is charged with or under | ||||||
15 | investigation for an offense under Section 11-1.20, 11-1.30, | ||||||
16 | 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or | ||||||
17 | 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
18 | and the victim is a minor under 18 years of age in
either | ||||||
19 | spouse's care, custody, or control at the time of the offense, | ||||||
20 | or
as to matters in which either has acted as agent of the | ||||||
21 | other.
| ||||||
22 | (Source: P.A. 96-1242, eff. 7-23-10; 96-1551, eff. 7-1-11 .)
| ||||||
23 | (725 ILCS 5/115-17b) | ||||||
24 | Sec. 115-17b. Administrative subpoenas. | ||||||
25 | (a) Definitions. As used in this Section: |
| |||||||
| |||||||
1 | "Electronic communication services" and "remote | ||||||
2 | computing services" have the same meaning as provided in | ||||||
3 | the Electronic Communications Privacy Act in Chapter 121 | ||||||
4 | (commencing with Section 2701) of Part I of Title 18 of the | ||||||
5 | United States Code Annotated. | ||||||
6 | "Offense involving the sexual exploitation of | ||||||
7 | children" means an offense under Section 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1, | ||||||
9 | 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, | ||||||
10 | 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26, | ||||||
11 | 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012 or any attempt to | ||||||
13 | commit any of these offenses when the victim is under 18 | ||||||
14 | years of age. | ||||||
15 | (b) Subpoenas duces tecum. In any criminal investigation of | ||||||
16 | an offense involving the sexual exploitation of children, the | ||||||
17 | Attorney General, or his or her designee, or a State's | ||||||
18 | Attorney, or his or her designee, may issue in writing and | ||||||
19 | cause to be served subpoenas duces tecum to providers of | ||||||
20 | electronic communication services or remote computing services | ||||||
21 | requiring the production of records relevant to the | ||||||
22 | investigation. Any such request for records shall not extend | ||||||
23 | beyond requiring the provider to disclose the information | ||||||
24 | specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum | ||||||
25 | issued under this Section shall be made returnable to the Chief | ||||||
26 | Judge of the Circuit Court for the Circuit in which the State's |
| |||||||
| |||||||
1 | Attorney resides, or his or her designee, or for subpoenas | ||||||
2 | issued by the Attorney General, the subpoena shall be made | ||||||
3 | returnable to the Chief Judge of the Circuit Court for the | ||||||
4 | Circuit to which the investigation pertains, or his or her | ||||||
5 | designee, to determine whether the documents are privileged and | ||||||
6 | whether the subpoena is unreasonable or oppressive. | ||||||
7 | (c) Contents of subpoena. A subpoena under this Section | ||||||
8 | shall describe the records or other things required to be | ||||||
9 | produced and prescribe a return date within a reasonable period | ||||||
10 | of time within which the objects or records can be assembled | ||||||
11 | and made available. | ||||||
12 | (c-5) Contemporaneous notice to Chief Judge. Whenever a | ||||||
13 | subpoena is issued under this Section, the Attorney General or | ||||||
14 | his or her designee or the State's Attorney or his of her | ||||||
15 | designee shall be required to provide a copy of the subpoena to | ||||||
16 | the Chief Judge of the county in which the subpoena is | ||||||
17 | returnable. | ||||||
18 | (d) Modifying or quashing subpoena. At any time before the | ||||||
19 | return date specified in the subpoena, the person or entity to | ||||||
20 | whom the subpoena is directed may petition for an order | ||||||
21 | modifying or quashing the subpoena on the grounds that the | ||||||
22 | subpoena is oppressive or unreasonable or that the subpoena | ||||||
23 | seeks privileged documents or records. | ||||||
24 | (e) Ex parte order. An Illinois circuit court for the | ||||||
25 | circuit in which the subpoena is or will be issued, upon | ||||||
26 | application of the Attorney General, or his or her designee, or |
| |||||||
| |||||||
1 | State's Attorney, or his or her designee, may issue an ex parte | ||||||
2 | order that no person or entity disclose to any other person or | ||||||
3 | entity (other than persons necessary to comply with the | ||||||
4 | subpoena) the existence of such subpoena for a period of up to | ||||||
5 | 90 days. | ||||||
6 | (1) Such order may be issued upon a showing that the | ||||||
7 | things being sought may be relevant to the investigation | ||||||
8 | and there is reason to believe that such disclosure may | ||||||
9 | result in: | ||||||
10 | (A) endangerment to the life or physical safety of | ||||||
11 | any person; | ||||||
12 | (B) flight to avoid prosecution; | ||||||
13 | (C) destruction of or tampering with evidence; | ||||||
14 | (D) intimidation of potential witnesses; or | ||||||
15 | (E) otherwise seriously jeopardizing an | ||||||
16 | investigation or unduly delaying a trial. | ||||||
17 | (2) An order under this Section may be renewed for | ||||||
18 | additional periods of up to 90 days upon a showing that the | ||||||
19 | circumstances described in paragraph (1) of this | ||||||
20 | subsection (e) continue to exist. | ||||||
21 | (f) Enforcement. A witness who is duly subpoenaed who | ||||||
22 | neglects or refuses to comply with the subpoena shall be | ||||||
23 | proceeded against and punished for contempt of the court. A | ||||||
24 | subpoena duces tecum issued under this Section may be enforced | ||||||
25 | pursuant to the Uniform Act to Secure the Attendance of | ||||||
26 | Witnesses from Within or Without a State in Criminal |
| |||||||
| |||||||
1 | Proceedings. | ||||||
2 | (g) Immunity from civil liability. Notwithstanding any | ||||||
3 | federal, State, or local law, any person, including officers, | ||||||
4 | agents, and employees, receiving a subpoena under this Section, | ||||||
5 | who complies in good faith with the subpoena and thus produces | ||||||
6 | the materials sought, shall not be liable in any court of | ||||||
7 | Illinois to any customer or other person for such production or | ||||||
8 | for nondisclosure of that production to the customer.
| ||||||
9 | (Source: P.A. 97-475, eff. 8-22-11.) | ||||||
10 | (725 ILCS 5/116-2.1) | ||||||
11 | Sec. 116-2.1. Motion to vacate prostitution convictions | ||||||
12 | for sex trafficking victims. | ||||||
13 | (a) A motion under this Section may be filed at any time | ||||||
14 | following the entry of a verdict or finding of guilty where the | ||||||
15 | conviction was under Section 11-14 (prostitution) or Section | ||||||
16 | 11-14.2 (first offender; felony prostitution) of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012 or a similar local | ||||||
18 | ordinance and the defendant's participation in the offense was | ||||||
19 | a result of having been a trafficking victim under Section 10-9 | ||||||
20 | (involuntary servitude, involuntary sexual servitude of a | ||||||
21 | minor, or trafficking in persons) of the Criminal Code of 1961 | ||||||
22 | or the Criminal Code of 2012 ; or a victim of a severe form of | ||||||
23 | trafficking under the federal Trafficking Victims Protection | ||||||
24 | Act (22 U.S.C. Section 7102(13)); provided that: | ||||||
25 | (1) a motion under this Section shall state why the |
| |||||||
| |||||||
1 | facts giving rise to this motion were not presented to the | ||||||
2 | trial court, and shall be made with due diligence, after | ||||||
3 | the defendant has ceased to be a victim of such trafficking | ||||||
4 | or has sought services for victims of such trafficking, | ||||||
5 | subject to reasonable concerns for the safety of the | ||||||
6 | defendant, family members of the defendant, or other | ||||||
7 | victims of such trafficking that may be jeopardized by the | ||||||
8 | bringing of such motion, or for other reasons consistent | ||||||
9 | with the purpose of this Section; and | ||||||
10 | (2) reasonable notice of the motion shall be served | ||||||
11 | upon the State. | ||||||
12 | (b) The court may grant the motion if, in the discretion of | ||||||
13 | the court, the violation was a result of the defendant having | ||||||
14 | been a victim of human trafficking. Evidence of such may | ||||||
15 | include, but is not limited to: | ||||||
16 | (1) certified records of federal or State court | ||||||
17 | proceedings which demonstrate that the defendant was a | ||||||
18 | victim of a trafficker charged with a trafficking offense | ||||||
19 | under Section 10-9 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, or under 22 U.S.C. Chapter 78; | ||||||
21 | (2) certified records of "approval notices" or "law | ||||||
22 | enforcement certifications" generated from federal | ||||||
23 | immigration proceedings available to such victims; or | ||||||
24 | (3) a sworn statement from a trained professional staff | ||||||
25 | of a victim services organization, an attorney, a member of | ||||||
26 | the clergy, or a medical or other professional from whom |
| |||||||
| |||||||
1 | the defendant has sought assistance in addressing the | ||||||
2 | trauma associated with being trafficked. | ||||||
3 | Alternatively, the court may consider such other evidence | ||||||
4 | as it deems of sufficient credibility and probative value in | ||||||
5 | determining whether the defendant is a trafficking victim or | ||||||
6 | victim of a severe form of trafficking. | ||||||
7 | (c) If the court grants a motion under this Section, it | ||||||
8 | must vacate the conviction and may take such additional action | ||||||
9 | as is appropriate in the circumstances.
| ||||||
10 | (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13.)
| ||||||
11 | (725 ILCS 5/116-4)
| ||||||
12 | Sec. 116-4. Preservation of evidence for forensic testing.
| ||||||
13 | (a) Before or after the trial in a prosecution for a | ||||||
14 | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
15 | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012 or in a prosecution | ||||||
17 | for an offense defined in Article 9
of
that Code,
or in a | ||||||
18 | prosecution for an attempt in violation of Section 8-4 of that | ||||||
19 | Code
of any of the above-enumerated
offenses, unless otherwise | ||||||
20 | provided herein under subsection (b) or (c), a law
enforcement | ||||||
21 | agency
or an agent acting on behalf of the law enforcement | ||||||
22 | agency shall
preserve, subject to a continuous chain of
| ||||||
23 | custody, any
physical evidence
in their possession or control | ||||||
24 | that is reasonably likely to contain forensic
evidence,
| ||||||
25 | including, but not limited to, fingerprints or biological |
| |||||||
| |||||||
1 | material
secured in relation to a trial and with sufficient
| ||||||
2 | documentation to locate
that evidence.
| ||||||
3 | (b) After a judgment of conviction is entered,
the evidence | ||||||
4 | shall
either be impounded
with the Clerk of the Circuit Court | ||||||
5 | or shall be securely retained by a law
enforcement agency.
| ||||||
6 | Retention shall be
permanent in cases where a sentence of death | ||||||
7 | is imposed. Retention shall be
until the
completion of the | ||||||
8 | sentence, including the period of mandatory supervised
release | ||||||
9 | for the
offense, or January 1, 2006, whichever is later, for | ||||||
10 | any conviction for an
offense or an attempt of an offense | ||||||
11 | defined
in Article 9 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
13 | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 or for 7 | ||||||
15 | years following any conviction for any other felony for which
| ||||||
16 | the
defendant's
genetic profile may be taken by a law | ||||||
17 | enforcement agency and submitted for
comparison in a forensic | ||||||
18 | DNA database for unsolved offenses.
| ||||||
19 | (c) After a judgment of conviction is entered, the
law
| ||||||
20 | enforcement agency
required to retain evidence described in | ||||||
21 | subsection
(a) may petition the court
with notice to the
| ||||||
22 | defendant or, in cases where the defendant has died, his | ||||||
23 | estate, his attorney
of record, or an attorney appointed for | ||||||
24 | that purpose by the court
for entry
of an order allowing it to | ||||||
25 | dispose of evidence if, after a
hearing, the court
determines | ||||||
26 | by a preponderance of the evidence that:
|
| |||||||
| |||||||
1 | (1) it has no significant value for forensic science | ||||||
2 | analysis and
should
be
returned to its rightful owner, | ||||||
3 | destroyed, used for training purposes, or as
otherwise | ||||||
4 | provided by law; or
| ||||||
5 | (2) it has no significant value for forensic science | ||||||
6 | analysis and is of
a size,
bulk, or physical character not | ||||||
7 | usually retained by the law enforcement
agency and cannot | ||||||
8 | practicably be retained by the law enforcement
agency; or
| ||||||
9 | (3) there no longer exists a reasonable basis to | ||||||
10 | require the
preservation of the
evidence because of the | ||||||
11 | death of the defendant; however, this paragraph (3)
does | ||||||
12 | not
apply if a sentence of death was imposed.
| ||||||
13 | (d) The court may order the disposition of the evidence if | ||||||
14 | the
defendant is allowed
the opportunity to take reasonable | ||||||
15 | measures to remove or preserve portions of
the evidence in
| ||||||
16 | question for future testing.
| ||||||
17 | (d-5) Any order allowing the disposition of evidence | ||||||
18 | pursuant to
subsection (c)
or (d)
shall be a final and | ||||||
19 | appealable order. No evidence shall be disposed of until
30 | ||||||
20 | days after
the order is entered, and if a notice of appeal is | ||||||
21 | filed, no evidence shall be
disposed of
until the mandate has | ||||||
22 | been received by the circuit court from the appellate
court.
| ||||||
23 | (d-10) All records documenting the possession,
control, | ||||||
24 | storage, and destruction of evidence and all police reports, | ||||||
25 | evidence
control or inventory records, and other reports cited | ||||||
26 | in this Section,
including computer records, must be
retained |
| |||||||
| |||||||
1 | for as
long as the evidence exists and may not be disposed of | ||||||
2 | without the approval of
the Local
Records Commission.
| ||||||
3 | (e) In this Section, "law enforcement agency"
includes any | ||||||
4 | of the following or an agent acting on behalf of any of the
| ||||||
5 | following:
a municipal police department, county sheriff's | ||||||
6 | office, any prosecuting
authority,
the Department of State | ||||||
7 | Police, or any other State, university, county,
federal, or
| ||||||
8 | municipal police
unit or police force.
| ||||||
9 | "Biological material" includes, but is not limited to, any | ||||||
10 | blood, hair,
saliva, or semen from which
genetic marker | ||||||
11 | groupings may be obtained.
| ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
13 | (725 ILCS 5/124B-10)
| ||||||
14 | Sec. 124B-10. Applicability; offenses. This Article | ||||||
15 | applies to forfeiture of property in connection with the | ||||||
16 | following: | ||||||
17 | (1) A violation of Section 10-9 or 10A-10 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
19 | (involuntary servitude; involuntary servitude of a minor; | ||||||
20 | or trafficking in persons). | ||||||
21 | (2) A violation of subdivision (a)(1) of Section | ||||||
22 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012 (promoting juvenile prostitution) or a violation of | ||||||
24 | Section 11-17.1 of the Criminal Code of 1961 (keeping a | ||||||
25 | place of juvenile prostitution). |
| |||||||
| |||||||
1 | (3) A violation of subdivision (a)(4) of Section | ||||||
2 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012 (promoting juvenile prostitution) or a violation of | ||||||
4 | Section 11-19.2 of the Criminal Code of 1961 (exploitation | ||||||
5 | of a child). | ||||||
6 | (4) A second or subsequent violation of Section 11-20 | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
8 | (obscenity). | ||||||
9 | (5) A second or subsequent violation of Section 11-20.1 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | (child pornography). | ||||||
12 | (6) A violation of Section 11-20.1B or 11-20.3 of the | ||||||
13 | Criminal Code of 1961 (aggravated child pornography). | ||||||
14 | (7) A violation of Section 12C-65 of the Criminal Code | ||||||
15 | of 2012 or Article 44 of the Criminal Code of 1961 | ||||||
16 | (unlawful transfer of a telecommunications device to a | ||||||
17 | minor). | ||||||
18 | (8) A violation of Section 17-50 or Section 16D-5 of | ||||||
19 | the Criminal Code of 2012 or the Criminal Code of 1961 | ||||||
20 | (computer fraud). | ||||||
21 | (9) A felony violation of Section 17-6.3 or Article 17B | ||||||
22 | of the Criminal Code of 2012 or the Criminal Code of 1961 | ||||||
23 | (WIC fraud). | ||||||
24 | (10) A felony violation of Section 48-1 of the Criminal | ||||||
25 | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | ||||||
26 | (dog fighting). |
| |||||||
| |||||||
1 | (11) A violation of Article 29D of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 (terrorism). | ||||||
3 | (12) A felony violation of Section 4.01 of the Humane | ||||||
4 | Care for Animals Act (animals in entertainment).
| ||||||
5 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
6 | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
7 | 1-1-13; revised 9-20-12.)
| ||||||
8 | (725 ILCS 5/124B-100)
| ||||||
9 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
10 | Article, "offense" is defined as follows: | ||||||
11 | (1) In the case of forfeiture authorized under Section | ||||||
12 | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the | ||||||
13 | Criminal Code of 2012 , "offense" means the offense of | ||||||
14 | involuntary servitude, involuntary servitude of a minor, | ||||||
15 | or trafficking in persons in violation of Section 10-9 or | ||||||
16 | 10A-10 of those Codes that Code . | ||||||
17 | (2) In the case of forfeiture authorized under | ||||||
18 | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
20 | "offense" means the offense of promoting juvenile | ||||||
21 | prostitution or keeping a place of juvenile prostitution in | ||||||
22 | violation of subdivision (a)(1) of Section 11-14.4, or | ||||||
23 | Section 11-17.1, of those Codes that Code . | ||||||
24 | (3) In the case of forfeiture authorized under | ||||||
25 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
2 | "offense" means the offense of promoting juvenile | ||||||
3 | prostitution or exploitation of a child in violation of | ||||||
4 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||||||
5 | of those Codes that Code . | ||||||
6 | (4) In the case of forfeiture authorized under Section | ||||||
7 | 11-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 , "offense" means the offense of obscenity in violation | ||||||
9 | of that Section. | ||||||
10 | (5) In the case of forfeiture authorized under Section | ||||||
11 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 , "offense" means the offense of child pornography | ||||||
13 | in violation of Section 11-20.1 of that Code. | ||||||
14 | (6) In the case of forfeiture authorized under Section | ||||||
15 | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | ||||||
16 | means the offense of aggravated child pornography in | ||||||
17 | violation of Section 11-20.1B or 11-20.3 of that Code. | ||||||
18 | (7) In the case of forfeiture authorized under Section | ||||||
19 | 12C-65 of the Criminal Code of 2012 or Article 44 of the | ||||||
20 | Criminal Code of 1961, "offense" means the offense of | ||||||
21 | unlawful transfer of a telecommunications device to a minor | ||||||
22 | in violation of Section 12C-65 or Article 44 of those Codes | ||||||
23 | that Code . | ||||||
24 | (8) In the case of forfeiture authorized under Section | ||||||
25 | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012 , "offense" means the offense of computer fraud |
| |||||||
| |||||||
1 | in violation of Section 17-50 or 16D-5 of those Codes that | ||||||
2 | Code . | ||||||
3 | (9) In the case of forfeiture authorized under Section | ||||||
4 | 17-6.3 or Article 17B of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 , "offense" means any felony violation | ||||||
6 | of Section 17-6.3 or Article 17B of those Codes that Code . | ||||||
7 | (10) In the case of forfeiture authorized under Section | ||||||
8 | 29D-65 of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012 , "offense" means any offense under Article 29D of that | ||||||
10 | Code. | ||||||
11 | (11) In the case of forfeiture authorized under Section | ||||||
12 | 4.01 of the Humane Care for Animals Act , Section 26-5 of | ||||||
13 | the Criminal Code of 1961, or Section 48-1 of the Criminal | ||||||
14 | Code of 2012 1961 , "offense" means any felony offense under | ||||||
15 | either of those Sections.
| ||||||
16 | (12) In the case of forfeiture authorized under Section | ||||||
17 | 124B-1000(b) of the Code of Criminal Procedure of 1963, | ||||||
18 | "offense" means an offense in violation of prohibited by | ||||||
19 | the Criminal Code of 1961, the Criminal Code of 2012, the | ||||||
20 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
21 | Act, or the Methamphetamine Control and Community | ||||||
22 | Protection Act, or an offense involving a | ||||||
23 | telecommunications device possessed by a person on the real | ||||||
24 | property of any elementary or secondary school without | ||||||
25 | authority of the school principal. | ||||||
26 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
| |||||||
| |||||||
1 | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
2 | 1-1-13; revised 9-20-12.)
| ||||||
3 | (725 ILCS 5/124B-300)
| ||||||
4 | Sec. 124B-300. Persons and property subject to forfeiture. | ||||||
5 | A person who commits the offense of involuntary servitude, | ||||||
6 | involuntary servitude of a minor, or trafficking of persons for | ||||||
7 | forced labor or services under Section 10A-10 or Section 10-9 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
9 | forfeit to the State of Illinois any profits or proceeds and | ||||||
10 | any property he or she has acquired or maintained in violation | ||||||
11 | of Section 10A-10 or Section 10-9 of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012 that the sentencing court | ||||||
13 | determines, after a forfeiture hearing under this Article, to | ||||||
14 | have been acquired or maintained as a result of maintaining a | ||||||
15 | person in involuntary servitude or participating in | ||||||
16 | trafficking of persons for forced labor or services.
| ||||||
17 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
18 | (725 ILCS 5/124B-405)
| ||||||
19 | Sec. 124B-405. Persons and property subject to forfeiture. | ||||||
20 | A person who has been convicted previously of the offense of | ||||||
21 | obscenity under Section 11-20 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012 and who is convicted of a second or | ||||||
23 | subsequent offense of obscenity under that Section shall | ||||||
24 | forfeit the following to the State of Illinois: |
| |||||||
| |||||||
1 | (1) Any property constituting or derived from any | ||||||
2 | proceeds that the person obtained, directly or indirectly, | ||||||
3 | as a result of the offense. | ||||||
4 | (2) Any of the person's property used in any manner, | ||||||
5 | wholly or in part, to commit the offense.
| ||||||
6 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
7 | (725 ILCS 5/124B-415)
| ||||||
8 | Sec. 124B-415. Order to destroy property. If the Attorney | ||||||
9 | General or State's Attorney believes any property forfeited and | ||||||
10 | seized under this Part 400 describes, depicts, or portrays any | ||||||
11 | of the acts or activities described in subsection (b) of | ||||||
12 | Section 11-20 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 , the Attorney General or State's Attorney shall apply | ||||||
14 | to the court for an order to destroy that property. If the | ||||||
15 | court determines that the property describes, depicts, or | ||||||
16 | portrays such acts or activities it shall order the Attorney | ||||||
17 | General or State's Attorney to destroy the property.
| ||||||
18 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
19 | (725 ILCS 5/124B-420) | ||||||
20 | Sec. 124B-420. Distribution of property and sale proceeds. | ||||||
21 | (a) All moneys and the sale proceeds of all other property | ||||||
22 | forfeited and seized under this Part 400 shall be distributed | ||||||
23 | as follows: | ||||||
24 | (1) 50% shall be distributed to the unit of local |
| |||||||
| |||||||
1 | government whose officers or employees conducted the | ||||||
2 | investigation into the offense and caused the arrest or | ||||||
3 | arrests and prosecution leading to the forfeiture, except | ||||||
4 | that if the investigation, arrest or arrests, and | ||||||
5 | prosecution leading to the forfeiture were undertaken by | ||||||
6 | the sheriff, this portion shall be distributed to the | ||||||
7 | county for deposit into a special fund in the county | ||||||
8 | treasury appropriated to the sheriff. Amounts distributed | ||||||
9 | to the county for the sheriff or to units of local | ||||||
10 | government under this paragraph shall be used for | ||||||
11 | enforcement of laws or ordinances governing obscenity and | ||||||
12 | child pornography. If the investigation, arrest or | ||||||
13 | arrests, and prosecution leading to the forfeiture were | ||||||
14 | undertaken solely by a State agency, however, the portion | ||||||
15 | designated in this paragraph shall be paid into the State | ||||||
16 | treasury to be used for enforcement of laws governing | ||||||
17 | obscenity and child pornography. | ||||||
18 | (2) 25% shall be distributed to the county in which the | ||||||
19 | prosecution resulting in the forfeiture was instituted, | ||||||
20 | deposited into a special fund in the county treasury, and | ||||||
21 | appropriated to the State's Attorney for use in the | ||||||
22 | enforcement of laws governing obscenity and child | ||||||
23 | pornography. | ||||||
24 | (3) 25% shall be distributed to the Office of the | ||||||
25 | State's Attorneys Appellate Prosecutor and deposited into | ||||||
26 | the Obscenity Profits Forfeiture Fund, which is hereby |
| |||||||
| |||||||
1 | created in the State treasury, to be used by the Office of | ||||||
2 | the State's Attorneys Appellate Prosecutor for additional | ||||||
3 | expenses incurred in prosecuting appeals arising under | ||||||
4 | Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012 . Any | ||||||
6 | amounts remaining in the Fund after all additional expenses | ||||||
7 | have been paid shall be used by the Office to reduce the | ||||||
8 | participating county contributions to the Office on a | ||||||
9 | pro-rated basis as determined by the board of governors of | ||||||
10 | the Office of the State's Attorneys Appellate Prosecutor | ||||||
11 | based on the populations of the participating counties. | ||||||
12 | (b) Before any distribution under subsection (a), the | ||||||
13 | Attorney General or State's Attorney shall retain from the | ||||||
14 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
15 | to cover expenses related to the administration and sale of the | ||||||
16 | forfeited property.
| ||||||
17 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||||||
18 | (725 ILCS 5/124B-500) | ||||||
19 | Sec. 124B-500. Persons and property subject to forfeiture. | ||||||
20 | A person who commits the offense of promoting juvenile | ||||||
21 | prostitution, keeping a place of juvenile prostitution, | ||||||
22 | exploitation of a child, child pornography, or aggravated child | ||||||
23 | pornography under subdivision (a)(1) or (a)(4) of Section | ||||||
24 | 11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, | ||||||
25 | or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012 shall forfeit the following property to the State
of | ||||||
2 | Illinois: | ||||||
3 | (1) Any profits or proceeds and any property the person | ||||||
4 | has acquired or maintained in violation of subdivision | ||||||
5 | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | ||||||
6 | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012 that | ||||||
8 | the sentencing court determines, after a forfeiture | ||||||
9 | hearing under this Article, to have been acquired or | ||||||
10 | maintained as a result of keeping a place of juvenile | ||||||
11 | prostitution, exploitation of a child, child pornography, | ||||||
12 | or aggravated child pornography. | ||||||
13 | (2) Any interest in, securities of, claim against, or | ||||||
14 | property or contractual right of any kind affording a | ||||||
15 | source of influence over any enterprise that the person has | ||||||
16 | established, operated, controlled, or conducted in | ||||||
17 | violation of subdivision (a)(1) or (a)(4) of Section | ||||||
18 | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | ||||||
19 | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | ||||||
20 | or the Criminal Code of 2012 that the sentencing court | ||||||
21 | determines, after a forfeiture hearing under this Article, | ||||||
22 | to have been acquired or maintained as a result of keeping | ||||||
23 | a place of juvenile prostitution, exploitation of a child, | ||||||
24 | child pornography, or aggravated child pornography. | ||||||
25 | (3) Any computer that contains a depiction of child | ||||||
26 | pornography in any encoded or decoded format in violation |
| |||||||
| |||||||
1 | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 . For purposes of | ||||||
3 | this paragraph (3), "computer" has the meaning ascribed to | ||||||
4 | it in Section 17-0.5 16D-2 of the Criminal Code of 2012 | ||||||
5 | 1961 .
| ||||||
6 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||||||
7 | (725 ILCS 5/124B-600)
| ||||||
8 | Sec. 124B-600. Persons and property subject to forfeiture. | ||||||
9 | A person who commits the offense of computer fraud as set forth | ||||||
10 | in Section 16D-5 or Section 17-50 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012 shall forfeit any property that | ||||||
12 | the sentencing court determines, after a forfeiture hearing | ||||||
13 | under this Article, the person has acquired or maintained, | ||||||
14 | directly or indirectly, in whole or in part, as a result of | ||||||
15 | that offense. The person shall also forfeit any interest in, | ||||||
16 | securities of, claim against, or contractual right of any kind | ||||||
17 | that affords the person a source of influence over any | ||||||
18 | enterprise that the person has established, operated, | ||||||
19 | controlled, conducted, or participated in conducting, if the | ||||||
20 | person's relationship to or connection with any such thing or | ||||||
21 | activity directly or indirectly, in whole or in part, is | ||||||
22 | traceable to any item or benefit that the person has obtained | ||||||
23 | or acquired through computer fraud.
| ||||||
24 | (Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) |
| |||||||
| |||||||
1 | (725 ILCS 5/124B-610)
| ||||||
2 | Sec. 124B-610. Computer used in commission of felony; | ||||||
3 | forfeiture. If a person commits a felony under any provision of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
5 | another statute and the instrumentality used in the commission | ||||||
6 | of the offense, or in connection with or in furtherance of a | ||||||
7 | scheme or design to commit the offense, is a computer owned by | ||||||
8 | the defendant (or, if the defendant is a minor, owned by the | ||||||
9 | minor's parent or legal guardian), the computer is subject to | ||||||
10 | forfeiture under this Article. A computer, or any part of a | ||||||
11 | computer, is not subject to forfeiture under this Article, | ||||||
12 | however, under either of the following circumstances: | ||||||
13 | (1) The computer accessed in the commission of the | ||||||
14 | offense was owned or leased by the victim or an innocent | ||||||
15 | third party at the time the offense was committed. | ||||||
16 | (2) The rights of a creditor, lienholder, or person | ||||||
17 | having a security interest in the computer at the time the | ||||||
18 | offense was committed will be adversely affected.
| ||||||
19 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
20 | (725 ILCS 5/124B-700)
| ||||||
21 | Sec. 124B-700. Persons and property subject to forfeiture. | ||||||
22 | A person who commits a felony violation of Article 17B or | ||||||
23 | Section 17-6.3 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012 shall forfeit any property that the sentencing | ||||||
25 | court determines, after a forfeiture hearing under this |
| |||||||
| |||||||
1 | Article, (i) the person has acquired, in whole or in part, as a | ||||||
2 | result of committing the violation or (ii) the person has | ||||||
3 | maintained or used, in whole or in part, to facilitate, | ||||||
4 | directly or indirectly, the commission of the violation. The | ||||||
5 | person shall also forfeit any interest in, securities of, claim | ||||||
6 | against, or contractual right of any kind that affords the | ||||||
7 | person a source of influence over any enterprise that the | ||||||
8 | person has established, operated, controlled, conducted, or | ||||||
9 | participated in conducting, if the person's relationship to or | ||||||
10 | connection with any such thing or activity directly or | ||||||
11 | indirectly, in whole or in part, is traceable to any item or | ||||||
12 | benefit that the person has obtained or acquired as a result of | ||||||
13 | a felony violation of Article 17B or Section 17-6.3 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 . Property | ||||||
15 | subject to forfeiture under this Part 700 includes the | ||||||
16 | following: | ||||||
17 | (1) All moneys, things of value, books, records, and | ||||||
18 | research products and materials that are used or intended | ||||||
19 | to be used in committing a felony violation of Article 17B | ||||||
20 | or Section 17-6.3 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 . | ||||||
22 | (2) Everything of value furnished, or intended to be | ||||||
23 | furnished, in exchange for a substance in violation of | ||||||
24 | Article 17B or Section 17-6.3 of the Criminal Code of 1961 | ||||||
25 | or the Criminal Code of 2012 ; all proceeds traceable to | ||||||
26 | that exchange; and all moneys, negotiable instruments, and |
| |||||||
| |||||||
1 | securities used or intended to be used to commit or in any | ||||||
2 | manner to facilitate the commission of a felony violation | ||||||
3 | of Article 17B or Section 17-6.3 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 . | ||||||
5 | (3) All real property, including any right, title, and | ||||||
6 | interest (including, but not limited to, any leasehold | ||||||
7 | interest or the beneficial interest in a land trust) in the | ||||||
8 | whole of any lot or tract of land and any appurtenances or | ||||||
9 | improvements, that is used or intended to be used, in any | ||||||
10 | manner or part, to commit or in any manner to facilitate | ||||||
11 | the commission of a felony violation of Article 17B or | ||||||
12 | Section 17-6.3 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012 or that is the proceeds of any act that | ||||||
14 | constitutes a felony violation of Article 17B or Section | ||||||
15 | 17-6.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
16 | 2012 .
| ||||||
17 | (Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||||||
18 | (725 ILCS 5/124B-710) | ||||||
19 | Sec. 124B-710. Sale of forfeited property by Director of | ||||||
20 | State Police; return to seizing agency or prosecutor. | ||||||
21 | (a) The court shall authorize the Director of State Police | ||||||
22 | to seize any property declared forfeited under this Article on | ||||||
23 | terms and conditions the court deems proper. | ||||||
24 | (b) When property is forfeited under this Part 700, the | ||||||
25 | Director of State Police shall sell the property unless the |
| |||||||
| |||||||
1 | property is required by law to be destroyed or is harmful to | ||||||
2 | the public. The Director shall distribute the proceeds of the | ||||||
3 | sale, together with any moneys forfeited or seized, in | ||||||
4 | accordance with Section 124B-715. | ||||||
5 | (c) On the application of the seizing agency or prosecutor | ||||||
6 | who was responsible for the investigation, arrest, and | ||||||
7 | prosecution that lead to the forfeiture, however, the Director | ||||||
8 | may return any item of forfeited property to the seizing agency | ||||||
9 | or prosecutor for official use in the enforcement of laws | ||||||
10 | relating to Article 17B or Section 17-6.3 of the Criminal Code | ||||||
11 | of 1961 or the Criminal Code of 2012 if the agency or | ||||||
12 | prosecutor can demonstrate that the item requested would be | ||||||
13 | useful to the agency or prosecutor in their enforcement | ||||||
14 | efforts. When any real property returned to the seizing agency | ||||||
15 | is sold by the agency or its unit of government, the proceeds | ||||||
16 | of the sale shall be delivered to the Director and distributed | ||||||
17 | in accordance with Section 124B-715.
| ||||||
18 | (Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||||||
19 | (725 ILCS 5/124B-800)
| ||||||
20 | Sec. 124B-800. Persons and property subject to forfeiture. | ||||||
21 | (a) A person who commits an offense under Article 29D of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
23 | forfeit any property that the sentencing court determines, | ||||||
24 | after a forfeiture hearing under this Article, (i) the person | ||||||
25 | has acquired or maintained, directly or indirectly, in whole or |
| |||||||
| |||||||
1 | in part, as a result of the offense or (ii) the person used, | ||||||
2 | was about to use, or intended to use in connection with the | ||||||
3 | offense. The person shall also forfeit any interest in, | ||||||
4 | securities of, claim against, or contractual right of any kind | ||||||
5 | that affords the person a source of influence over any | ||||||
6 | enterprise that the person has established, operated, | ||||||
7 | controlled, conducted, or participated in conducting, if the | ||||||
8 | person's relationship to or connection with any such thing or | ||||||
9 | activity directly or indirectly, in whole or in part, is | ||||||
10 | traceable to any item or benefit that the person has obtained | ||||||
11 | or acquired as a result of a violation of Article 29D of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012 or that the | ||||||
13 | person used, was about to use, or intended to use in connection | ||||||
14 | with a violation of Article 29D of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 . | ||||||
16 | (b) For purposes of this Part 800, "person" has the meaning | ||||||
17 | given in Section 124B-115 of this Code and, in addition to that | ||||||
18 | meaning, includes, without limitation, any charitable | ||||||
19 | organization, whether incorporated or unincorporated, any | ||||||
20 | professional fund raiser, professional solicitor, limited | ||||||
21 | liability company, association, joint stock company, | ||||||
22 | association, trust, trustee, or any group of people formally or | ||||||
23 | informally affiliated or associated for a common purpose, and | ||||||
24 | any officer, director, partner, member, or agent of any person.
| ||||||
25 | (Source: P.A. 96-712, eff. 1-1-10.) |
| |||||||
| |||||||
1 | (725 ILCS 5/124B-905)
| ||||||
2 | Sec. 124B-905. Persons and property subject to forfeiture. | ||||||
3 | A person who commits a felony violation of Section 4.01 of the | ||||||
4 | Humane Care for Animals Act or a felony violation of Section | ||||||
5 | 48-1 or Section 26-5 of the Criminal Code of 2012 or of the | ||||||
6 | Criminal Code of 1961 shall forfeit the following: | ||||||
7 | (1) Any moneys, profits, or proceeds the person | ||||||
8 | acquired, in whole or in part, as a result of committing | ||||||
9 | the violation. | ||||||
10 | (2) Any real property or interest in real property that | ||||||
11 | the sentencing court determines, after a forfeiture | ||||||
12 | hearing under this Article, (i) the person has acquired, in | ||||||
13 | whole or in part, as a result of committing the violation | ||||||
14 | or (ii) the person has maintained or used, in whole or in | ||||||
15 | part, to facilitate, directly or indirectly, the | ||||||
16 | commission of the violation. Real property subject to | ||||||
17 | forfeiture under this Part 900 includes property that | ||||||
18 | belongs to any of the following: | ||||||
19 | (A) The person organizing the show, exhibition, | ||||||
20 | program, or other activity described in subsections | ||||||
21 | (a) through (g) of Section 4.01 of the Humane Care for | ||||||
22 | Animals Act , or Section 48-1 of the Criminal Code of | ||||||
23 | 2012, or Section 26-5 of the Criminal Code of 1961. | ||||||
24 | (B) Any other person participating in the activity | ||||||
25 | described in subsections (a) through (g) of Section | ||||||
26 | 4.01 of the Humane Care for Animals Act , or Section |
| |||||||
| |||||||
1 | 48-1 of the Criminal Code of 2012, or Section 26-5 of | ||||||
2 | the Criminal Code of 1961 who is related to the | ||||||
3 | organization and operation of the activity. | ||||||
4 | (C) Any person who knowingly allowed the | ||||||
5 | activities to occur on his or her premises. | ||||||
6 | The person shall also forfeit any interest in, securities | ||||||
7 | of, claim against, or contractual right of any kind that | ||||||
8 | affords the person a source of influence over any enterprise | ||||||
9 | that the person has established, operated, controlled, | ||||||
10 | conducted, or participated in conducting, if the person's | ||||||
11 | relationship to or connection with any such thing or activity | ||||||
12 | directly or indirectly, in whole or in part, is traceable to | ||||||
13 | any item or benefit that the person has obtained or acquired as | ||||||
14 | a result of a felony violation of Section 4.01 of the Humane | ||||||
15 | Care for Animals Act , or a felony violation of Section 48-1 of | ||||||
16 | the Criminal Code of 2012 or Section 26-5 of the Criminal Code | ||||||
17 | of 1961.
| ||||||
18 | (Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||||||
19 | (725 ILCS 5/124B-1000) | ||||||
20 | Sec. 124B-1000. Persons and property subject to | ||||||
21 | forfeiture. | ||||||
22 | (a) A person who commits the offense of unlawful transfer | ||||||
23 | of a telecommunications device to a minor in violation of | ||||||
24 | Section 12C-65 or Article 44 of the Criminal Code of 2012 or of | ||||||
25 | the Criminal Code of 1961 shall forfeit any telecommunications |
| |||||||
| |||||||
1 | device used in the commission of the offense or which | ||||||
2 | constitutes evidence of the commission of such offense. | ||||||
3 | (b) A person who commits an offense prohibited by the | ||||||
4 | Criminal Code of 1961, the Criminal Code of 2012, the Illinois | ||||||
5 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
6 | Methamphetamine Control and Community Protection Act, or an | ||||||
7 | offense involving a telecommunications device possessed by a | ||||||
8 | person on the real property of any elementary or secondary | ||||||
9 | school without authority of the school principal shall forfeit | ||||||
10 | any telecommunications device used in the commission of the | ||||||
11 | offense or which constitutes evidence of the commission of such | ||||||
12 | offense. A person who is not a student of the particular | ||||||
13 | elementary or secondary school, who is on school property as an | ||||||
14 | invitee of the school, and who has possession of a | ||||||
15 | telecommunications device for lawful and legitimate purposes, | ||||||
16 | shall not need to obtain authority from the school principal to | ||||||
17 | possess the telecommunications device on school property.
| ||||||
18 | (Source: P.A. 97-1109, eff. 1-1-13.) | ||||||
19 | Section 640. The Bill of Rights for Children is amended by | ||||||
20 | changing Section 3 as follows:
| ||||||
21 | (725 ILCS 115/3) (from Ch. 38, par. 1353)
| ||||||
22 | Sec. 3. Rights to present child impact statement.
| ||||||
23 | (a) In any case where
a defendant has been convicted of a | ||||||
24 | violent crime involving a child or a
juvenile has been |
| |||||||
| |||||||
1 | adjudicated a delinquent for any offense defined in
Sections | ||||||
2 | 11-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20 | ||||||
3 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 , except those in
which both | ||||||
5 | parties have agreed to the imposition of a specific sentence,
| ||||||
6 | and a parent or legal guardian of the child involved is present | ||||||
7 | in the
courtroom at the time of the sentencing or the | ||||||
8 | disposition hearing, the
parent or legal guardian upon his or | ||||||
9 | her request shall have the right to
address the court regarding | ||||||
10 | the impact which the defendant's criminal
conduct or the | ||||||
11 | juvenile's delinquent conduct has had upon the child. If
the | ||||||
12 | parent or legal guardian chooses to exercise this right, the | ||||||
13 | impact
statement must have been prepared in writing in | ||||||
14 | conjunction with the Office
of the State's Attorney prior to | ||||||
15 | the initial hearing or sentencing, before
it can be presented | ||||||
16 | orally at the sentencing hearing. The court shall
consider any | ||||||
17 | statements made by the parent or legal guardian, along with
all | ||||||
18 | other appropriate factors in determining the sentence of the | ||||||
19 | defendant
or disposition of such juvenile.
| ||||||
20 | (b) The crime victim has the right to prepare a victim | ||||||
21 | impact statement
and present it to the office of the State's | ||||||
22 | Attorney at any time during the
proceedings.
| ||||||
23 | (c) This Section shall apply to any child victims of any | ||||||
24 | offense defined
in
Sections 11-1.20 through 11-1.60 or 12-13 | ||||||
25 | through 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012 during any
dispositional hearing under Section 5-705 of |
| |||||||
| |||||||
1 | the Juvenile Court
Act of 1987
which takes place pursuant to an | ||||||
2 | adjudication of delinquency for any such
offense.
| ||||||
3 | (Source: P.A. 96-292, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
| ||||||
4 | Section 645. The Rights of Crime Victims and Witnesses Act | ||||||
5 | is amended by changing Section 3 as follows:
| ||||||
6 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
7 | Sec. 3. The terms used in this Act, unless the context | ||||||
8 | clearly
requires otherwise, shall have the following meanings:
| ||||||
9 | (a) "Crime victim" and "victim" mean (1) a person | ||||||
10 | physically injured in this State as a
result of a violent crime | ||||||
11 | perpetrated or attempted against that person or (2) a
person | ||||||
12 | who suffers injury to or loss of property as a result of a | ||||||
13 | violent crime
perpetrated or attempted against that person or | ||||||
14 | (3) a single
representative who
may be the spouse, parent, | ||||||
15 | child or sibling of a person killed as a result of a
violent | ||||||
16 | crime perpetrated against the person killed or the spouse, | ||||||
17 | parent,
child or sibling of any person granted rights under | ||||||
18 | this Act who is physically
or mentally incapable of exercising | ||||||
19 | such rights, except where the spouse,
parent, child or sibling | ||||||
20 | is also the defendant or prisoner or (4) any person
against | ||||||
21 | whom a violent crime has been committed or (5) any person
who | ||||||
22 | has suffered personal injury as a result of a violation of | ||||||
23 | Section 11-501
of the Illinois Vehicle Code, or of a similar | ||||||
24 | provision of a local ordinance,
or of Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012 , as amended | ||||||
2 | or (6) in proceedings under the Juvenile Court Act of 1987, | ||||||
3 | both parents, legal guardians, foster parents, or a single | ||||||
4 | adult representative of a minor or disabled person who is a | ||||||
5 | crime victim.
| ||||||
6 | (b) "Witness" means any person who personally observed the | ||||||
7 | commission of
a violent crime and who will testify on behalf of | ||||||
8 | the State of Illinois in
the criminal prosecution of the | ||||||
9 | violent crime.
| ||||||
10 | (c) "Violent Crime" means any felony in which force or | ||||||
11 | threat of force was
used against the victim, or any offense | ||||||
12 | involving sexual exploitation, sexual
conduct or sexual | ||||||
13 | penetration, or a violation of Section 11-20.1, 11-20.1B, or | ||||||
14 | 11-20.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012 , domestic battery, violation of an order of
protection, | ||||||
16 | stalking, or any misdemeanor which results in death or great | ||||||
17 | bodily
harm to the victim or any violation of Section 9-3 of | ||||||
18 | the Criminal Code of
1961 or the Criminal Code of 2012 , or | ||||||
19 | Section 11-501 of the Illinois Vehicle
Code, or a similar | ||||||
20 | provision of a local ordinance, if the violation resulted
in | ||||||
21 | personal injury or death, and includes any action committed by | ||||||
22 | a juvenile
that would be a violent crime if committed by an | ||||||
23 | adult. For the purposes of
this paragraph, "personal injury" | ||||||
24 | shall include any Type A injury as indicated
on the traffic | ||||||
25 | accident report completed by a law enforcement officer that
| ||||||
26 | requires immediate professional attention in either a doctor's |
| |||||||
| |||||||
1 | office or
medical facility. A type A injury shall include | ||||||
2 | severely bleeding wounds,
distorted extremities, and injuries | ||||||
3 | that require the injured party to be
carried from the scene.
| ||||||
4 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
5 | is imposed
by the court on a convicted defendant and includes | ||||||
6 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
7 | and 5-7-7 of the Unified Code of
Corrections.
| ||||||
8 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
9 | any hearing the
effect of which may be the release of the | ||||||
10 | defendant from custody or to alter
the conditions of bond, the | ||||||
11 | trial, sentencing hearing, notice of appeal, any
modification | ||||||
12 | of sentence, probation revocation hearings or parole hearings.
| ||||||
13 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
14 | friends of the victim, witnesses to the
crime, or any other | ||||||
15 | person associated with the victim or prisoner. | ||||||
16 | (Source: P.A. 96-292, eff. 1-1-10; 96-875, eff. 1-22-10; | ||||||
17 | 96-1551, eff. 7-1-11; 97-572, eff. 1-1-12.)
| ||||||
18 | Section 650. The Narcotics Profit Forfeiture Act is amended | ||||||
19 | by changing Section 4 as follows:
| ||||||
20 | (725 ILCS 175/4) (from Ch. 56 1/2, par. 1654)
| ||||||
21 | Sec. 4. A person commits narcotics racketeering when he:
| ||||||
22 | (a) Receives income knowing such income to be derived, | ||||||
23 | directly or indirectly,
from a pattern of narcotics activity in | ||||||
24 | which he participated, or for which
he is accountable under |
| |||||||
| |||||||
1 | Section 5-2 of the Criminal Code of 2012 1961 ; or
| ||||||
2 | (b) Receives income, knowing such income to be derived, | ||||||
3 | directly or indirectly,
from a pattern of narcotics activity in | ||||||
4 | which he participated, or for which
he is accountable under | ||||||
5 | Section 5-2 of the Criminal Code of 2012 1961 , and he
uses or | ||||||
6 | invests, directly or indirectly, any part of such income, or | ||||||
7 | the
proceeds of such income, in acquisition of any interest in, | ||||||
8 | or the establishment
or operation of, any enterprise doing | ||||||
9 | business in the State of Illinois; or
| ||||||
10 | (c) Knowingly, through a pattern of narcotics activity in | ||||||
11 | which he participated,
or for which he is accountable under | ||||||
12 | Section 5-2 of the Criminal Code of
2012 1961 , acquires or | ||||||
13 | maintains, directly or indirectly, any interest in or
contract | ||||||
14 | of any enterprise which is engaged in, or the activities of | ||||||
15 | which
affect, business in the State of Illinois; or
| ||||||
16 | (d) Being a person employed by or associated with any | ||||||
17 | enterprise doing
business in the State of Illinois, he | ||||||
18 | knowingly conducts or participates,
directly or indirectly, in | ||||||
19 | the conduct of such enterprise's affairs through
a pattern of | ||||||
20 | narcotics activity in which he participated, or for which he
is | ||||||
21 | accountable under Section 5-2 of the Criminal Code of 2012 | ||||||
22 | 1961 .
| ||||||
23 | (Source: P.A. 82-940.)
| ||||||
24 | Section 655. The Sex Offense Victim Polygraph Act is | ||||||
25 | amended by changing Section 1 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 200/1) (from Ch. 38, par. 1551)
| ||||||
2 | Sec. 1. Lie Detector Tests. | ||||||
3 | (a) No law enforcement officer,
State's Attorney or other | ||||||
4 | official shall ask or require an alleged victim of
an offense | ||||||
5 | described in Sections 11-1.20 through 11-1.60 or 12-13 through | ||||||
6 | 12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 , as amended,
to submit to a
polygraph examination or any | ||||||
8 | form of a mechanical or electrical lie
detector test.
| ||||||
9 | (b) A victim's refusal to submit to a polygraph or any form | ||||||
10 | of a
mechanical or electrical lie detector test shall not | ||||||
11 | mitigate against the
investigation, charging or prosecution of | ||||||
12 | the
pending case as originally charged.
| ||||||
13 | (Source: P.A. 96-1273, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| ||||||
14 | Section 660. The Sexually Violent Persons Commitment Act is | ||||||
15 | amended by changing Section 5 as follows:
| ||||||
16 | (725 ILCS 207/5)
| ||||||
17 | Sec. 5. Definitions. As used in this Act, the term:
| ||||||
18 | (a) "Department" means the Department of Human
Services.
| ||||||
19 | (b) "Mental disorder" means a congenital or acquired
| ||||||
20 | condition affecting the emotional or volitional capacity that
| ||||||
21 | predisposes a person to engage in acts of sexual violence.
| ||||||
22 | (c) "Secretary" means the Secretary of
Human Services.
| ||||||
23 | (d) "Sexually motivated" means that one of the purposes for
|
| |||||||
| |||||||
1 | an act is for the actor's sexual arousal or gratification.
| ||||||
2 | (e) "Sexually violent offense" means any of the following:
| ||||||
3 | (1) Any crime specified in Section 11-1.20, 11-1.30, | ||||||
4 | 11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
5 | 12-14, 12-14.1,
or 12-16 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 ; or
| ||||||
7 | (1.5) Any former law of this State specified in Section | ||||||
8 | 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | ||||||
9 | liberties with a child) or 11-4.1
(aggravated indecent | ||||||
10 | liberties with a child) of the Criminal Code of 1961; or
| ||||||
11 | (2) First degree murder, if it is determined by the | ||||||
12 | agency
with jurisdiction to have been sexually motivated; | ||||||
13 | or
| ||||||
14 | (3) Any solicitation, conspiracy or attempt to commit a
| ||||||
15 | crime under paragraph (e)(1) or (e)(2) of this Section.
| ||||||
16 | (f) "Sexually violent person" means a person who has been
| ||||||
17 | convicted of a sexually violent offense, has been adjudicated
| ||||||
18 | delinquent for a sexually violent offense, or has been found | ||||||
19 | not
guilty of a sexually violent offense by
reason of insanity | ||||||
20 | and who is
dangerous because he or she suffers from a mental | ||||||
21 | disorder that
makes it substantially probable that the person | ||||||
22 | will engage in
acts of sexual violence.
| ||||||
23 | (Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
24 | 96-1551, eff. 7-1-11 .)
| ||||||
25 | Section 665. The Statewide Grand Jury Act is amended by |
| |||||||
| |||||||
1 | changing Sections 2, 3, and 4 as follows:
| ||||||
2 | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||||||
3 | Sec. 2.
(a) County grand juries and State's Attorneys have | ||||||
4 | always had
and
shall continue to have primary responsibility | ||||||
5 | for investigating, indicting,
and prosecuting persons who | ||||||
6 | violate the criminal laws of the State of
Illinois. However, in | ||||||
7 | recent years organized terrorist activity directed
against | ||||||
8 | innocent civilians and certain criminal enterprises have
| ||||||
9 | developed that require investigation, indictment, and | ||||||
10 | prosecution on a
statewide or multicounty level. The criminal | ||||||
11 | enterprises exist
as a result of the
allure of profitability | ||||||
12 | present in narcotic activity, the unlawful sale and
transfer of | ||||||
13 | firearms, and streetgang related felonies and organized | ||||||
14 | terrorist
activity is supported by the contribution of money | ||||||
15 | and expert assistance from
geographically diverse sources. In
| ||||||
16 | order to shut off the life blood of terrorism and
weaken or | ||||||
17 | eliminate the criminal enterprises, assets, and
property
used | ||||||
18 | to further these offenses must be frozen, and any profit must | ||||||
19 | be
removed. State
statutes exist that can accomplish that goal. | ||||||
20 | Among them are the offense of
money laundering, the Cannabis | ||||||
21 | and Controlled Substances Tax Act, violations
of Article 29D of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 , the
| ||||||
23 | Narcotics Profit Forfeiture Act, and gunrunning. Local | ||||||
24 | prosecutors need
investigative personnel and specialized | ||||||
25 | training to attack and eliminate these
profits. In light of the |
| |||||||
| |||||||
1 | transitory and complex nature of conduct that
constitutes these | ||||||
2 | criminal activities, the many diverse property interests that
| ||||||
3 | may be used, acquired directly or indirectly as a result of | ||||||
4 | these criminal
activities, and the many places that illegally | ||||||
5 | obtained property may be
located, it is the purpose of this Act | ||||||
6 | to create a limited, multicounty
Statewide Grand Jury with | ||||||
7 | authority to investigate, indict, and prosecute:
narcotic | ||||||
8 | activity, including cannabis and controlled substance | ||||||
9 | trafficking,
narcotics racketeering, money laundering, | ||||||
10 | violations of the Cannabis
and
Controlled Substances Tax Act, | ||||||
11 | and violations of Article 29D of the Criminal
Code of 1961 or | ||||||
12 | the Criminal Code of 2012 ; the unlawful sale and transfer of | ||||||
13 | firearms;
gunrunning; and streetgang related felonies.
| ||||||
14 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
15 | and prosecute
violations facilitated by the use of a computer | ||||||
16 | of any of
the
following offenses: indecent solicitation of a | ||||||
17 | child, sexual exploitation of a
child, soliciting for a | ||||||
18 | juvenile prostitute, keeping a place of juvenile
prostitution, | ||||||
19 | juvenile pimping, child pornography, aggravated child | ||||||
20 | pornography, or promoting juvenile prostitution except as | ||||||
21 | described in subdivision (a)(4) of Section 11-14.4 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
24 | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||||||
25 | Sec. 3. Written application for the appointment of a |
| |||||||
| |||||||
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 of | ||||||
11 | an alleged offense or
offenses set forth in this Section | ||||||
12 | involving more than one county of the
State and identifying any | ||||||
13 | 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 | ||||||
22 | Jury, 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 |
| |||||||
| |||||||
1 | forth good cause
for impaneling the Statewide Grand | ||||||
2 | Jury.
| ||||||
3 | If the Circuit Judge determines that the convening of a | ||||||
4 | Statewide Grand
Jury is necessary, he or she shall convene and | ||||||
5 | impanel the Statewide Grand
Jury with jurisdiction extending | ||||||
6 | throughout the State to investigate and
return indictments:
| ||||||
7 | (a) For violations of any of the following or for any | ||||||
8 | other criminal
offense committed in the course of violating | ||||||
9 | any of the following: Article
29D of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 , the
Illinois Controlled | ||||||
11 | Substances Act, the Cannabis Control Act, the | ||||||
12 | Methamphetamine Control and Community Protection Act, the | ||||||
13 | Narcotics
Profit Forfeiture Act, or the Cannabis and | ||||||
14 | Controlled Substances Tax Act; a
streetgang related felony | ||||||
15 | offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
| ||||||
16 | 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or | ||||||
18 | 24-1(c) of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012 ; or a money
laundering offense; provided that the | ||||||
20 | violation or offense involves acts
occurring in more than | ||||||
21 | one county of this State; and
| ||||||
22 | (a-5) For violations facilitated by the use of a | ||||||
23 | computer, including
the use of the Internet, the World Wide | ||||||
24 | Web, electronic mail, message board,
newsgroup, or any | ||||||
25 | other commercial or noncommercial on-line service, of any | ||||||
26 | of
the following offenses: indecent solicitation of a |
| |||||||
| |||||||
1 | child, sexual exploitation
of a child, soliciting for a | ||||||
2 | juvenile prostitute, keeping a place of juvenile
| ||||||
3 | prostitution, juvenile pimping, child pornography, | ||||||
4 | aggravated child pornography, or promoting 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 from | ||||||
18 | the circuit for which the additional Statewide
Grand Jury is | ||||||
19 | sought. The Circuit Judge shall determine the necessity for
an | ||||||
20 | 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. 96-1551, eff. 7-1-11 .)
| ||||||
24 | (725 ILCS 215/4) (from Ch. 38, par. 1704)
| ||||||
25 | Sec. 4.
(a) The presiding judge of the Statewide Grand Jury |
| |||||||
| |||||||
1 | will
receive recommendations from the Attorney General as to | ||||||
2 | the county in which
the Grand Jury will sit. Prior to making | ||||||
3 | the recommendations, the Attorney
General shall obtain the | ||||||
4 | permission of the local State's Attorney to use
his or her | ||||||
5 | county for the site of the Statewide Grand Jury. Upon receiving
| ||||||
6 | the Attorney General's recommendations, the presiding judge | ||||||
7 | will choose one
of those recommended locations as the site | ||||||
8 | where the Grand Jury shall sit.
| ||||||
9 | Any indictment by a Statewide Grand Jury shall be returned | ||||||
10 | to the
Circuit Judge presiding over the Statewide Grand Jury | ||||||
11 | and shall include a
finding as to the county or counties in | ||||||
12 | which the alleged offense was
committed. Thereupon, the judge | ||||||
13 | shall, by order, designate the county of
venue for the purpose | ||||||
14 | of trial. The judge may also, by order, direct the
| ||||||
15 | consolidation of an indictment returned by a county grand jury | ||||||
16 | with an
indictment returned by the Statewide Grand Jury and set | ||||||
17 | venue for trial.
| ||||||
18 | (b) Venue for purposes of trial for the offense of | ||||||
19 | narcotics
racketeering shall be proper in any county where:
| ||||||
20 | (1) Cannabis or a controlled substance which is the | ||||||
21 | basis for the charge
of narcotics racketeering was used; | ||||||
22 | acquired; transferred or distributed
to, from or through; | ||||||
23 | or any county where any act was performed to further
the | ||||||
24 | use; acquisition, transfer or distribution of said | ||||||
25 | cannabis or
controlled substance; or
| ||||||
26 | (2) Any money, property, property interest, or any |
| |||||||
| |||||||
1 | other asset generated
by narcotics activities was | ||||||
2 | acquired, used, sold, transferred or
distributed to, from | ||||||
3 | or through; or,
| ||||||
4 | (3) Any enterprise interest obtained as a result of | ||||||
5 | narcotics
racketeering was acquired, used, transferred or | ||||||
6 | distributed to, from or
through, or where any activity was | ||||||
7 | conducted by the enterprise or any
conduct to further the | ||||||
8 | interests of such an enterprise.
| ||||||
9 | (c) Venue for purposes of trial for the offense of money | ||||||
10 | laundering
shall be proper in any county where any part of a | ||||||
11 | financial transaction in
criminally derived property took | ||||||
12 | place, or in any county where any money or
monetary interest | ||||||
13 | which is the basis for the offense, was acquired, used,
sold, | ||||||
14 | transferred or distributed to, from, or through.
| ||||||
15 | (d) A person who commits the offense of cannabis | ||||||
16 | trafficking or
controlled substance trafficking may be tried in | ||||||
17 | any county.
| ||||||
18 | (e) Venue for purposes of trial for any violation of | ||||||
19 | Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 may be in the county in which an act of terrorism | ||||||
21 | occurs,
the county in which material support or resources are | ||||||
22 | provided or solicited,
the county in which criminal assistance | ||||||
23 | is rendered, or any county in which any
act in furtherance of | ||||||
24 | any violation of Article 29D of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012
occurs.
| ||||||
26 | (Source: P.A. 92-854, eff. 12-5-02.)
|
| |||||||
| |||||||
1 | Section 670. The Unified Code of Corrections is amended by | ||||||
2 | changing Sections 3-1-2, 3-3-2, 3-3-7, 3-6-3, 3-6-4, 3-10-7, | ||||||
3 | 3-14-1.5, 3-14-2, 5-3-2, 5-3-4, 5-4-1, 5-4-3, 5-4-3.1, | ||||||
4 | 5-4-3.2, 5-4.5-20, 5-5-3, 5-5-3.2, 5-5-5, 5-5-6, 5-6-1, 5-6-3, | ||||||
5 | 5-6-3.1, 5-8-1, 5-8-1.2, 5-8-4, 5-8A-6, 5-9-1.3, 5-9-1.7, | ||||||
6 | 5-9-1.8, 5-9-1.10, 5-9-1.14, 5-9-1.16, 5-9-1.19, and 5-9-1.20 | ||||||
7 | as follows:
| ||||||
8 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||
9 | Sec. 3-1-2. Definitions. | ||||||
10 | (a) "Chief Administrative Officer" means the
person | ||||||
11 | designated by the Director to exercise the powers and duties of | ||||||
12 | the
Department of Corrections in regard to committed persons | ||||||
13 | within
a correctional institution or facility, and includes the
| ||||||
14 | superintendent of any juvenile institution or facility.
| ||||||
15 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
16 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
17 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
18 | Section 5-6-3.1 only means: | ||||||
19 | (i) A violation of any of the following Sections of the | ||||||
20 | Criminal Code of
1961 or the Criminal Code of 2012 : 10-7 | ||||||
21 | (aiding or abetting child abduction under Section | ||||||
22 | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | ||||||
23 | solicitation of a child), 11-6.5
(indecent solicitation of | ||||||
24 | an adult), 11-14.4 (promoting juvenile prostitution),
|
| |||||||
| |||||||
1 | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | ||||||
2 | (keeping a place of juvenile prostitution), 11-18.1
| ||||||
3 | (patronizing a juvenile prostitute), 11-19.1 (juvenile | ||||||
4 | pimping),
11-19.2 (exploitation of a child), 11-20.1 | ||||||
5 | (child pornography), 11-20.1B or 11-20.3 (aggravated child | ||||||
6 | pornography), 11-1.40 or 12-14.1
(predatory criminal | ||||||
7 | sexual assault of a child), or 12-33 (ritualized abuse of a
| ||||||
8 | child). An attempt to commit any of
these offenses. | ||||||
9 | (ii) A violation of any of the following Sections of | ||||||
10 | the Criminal Code
of 1961 or the Criminal Code of 2012 : | ||||||
11 | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | ||||||
12 | 12-14 (aggravated criminal sexual assault), 11-1.60 or | ||||||
13 | 12-16 (aggravated criminal sexual abuse), and subsection | ||||||
14 | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| ||||||
15 | (criminal sexual abuse). An attempt to commit
any of these | ||||||
16 | offenses. | ||||||
17 | (iii) A violation of any of the following Sections of | ||||||
18 | the Criminal Code
of 1961 or the Criminal Code of 2012 when | ||||||
19 | the defendant is
not a parent of the victim: | ||||||
20 | 10-1 (kidnapping),
| ||||||
21 | 10-2 (aggravated kidnapping), | ||||||
22 | 10-3 (unlawful restraint),
| ||||||
23 | 10-3.1 (aggravated unlawful restraint). | ||||||
24 | An attempt to commit any of these offenses. | ||||||
25 | (iv) A violation of any former law of this State | ||||||
26 | substantially
equivalent to any offense listed in this |
| |||||||
| |||||||
1 | subsection (a-5). | ||||||
2 | An offense violating federal law or the law of another | ||||||
3 | state
that is substantially equivalent to any offense listed in | ||||||
4 | this
subsection (a-5) shall constitute a sex offense for the | ||||||
5 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
6 | a sexually dangerous person under
any federal law or law of | ||||||
7 | another state that is substantially equivalent to the
Sexually | ||||||
8 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
9 | sex offense for the
purposes of this subsection (a-5).
| ||||||
10 | (b) "Commitment" means a judicially determined placement
| ||||||
11 | in the custody of the Department of Corrections on the basis of
| ||||||
12 | delinquency or conviction.
| ||||||
13 | (c) "Committed Person" is a person committed to the | ||||||
14 | Department,
however a committed person shall not be considered | ||||||
15 | to be an employee of
the Department of Corrections for any | ||||||
16 | purpose, including eligibility for
a pension, benefits, or any | ||||||
17 | other compensation or rights or privileges which
may be | ||||||
18 | provided to employees of the Department.
| ||||||
19 | (c-5) "Computer scrub software" means any third-party | ||||||
20 | added software, designed to delete information from the | ||||||
21 | computer unit, the hard drive, or other software, which would | ||||||
22 | eliminate and prevent discovery of browser activity, including | ||||||
23 | but not limited to Internet history, address bar or bars, cache | ||||||
24 | or caches, and/or cookies, and which would over-write files in | ||||||
25 | a way so as to make previous computer activity, including but | ||||||
26 | not limited to website access, more difficult to discover. |
| |||||||
| |||||||
1 | (d) "Correctional Institution or Facility" means any | ||||||
2 | building or
part of a building where committed persons are kept | ||||||
3 | in a secured manner.
| ||||||
4 | (e) In the case of functions performed before the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly, | ||||||
6 | "Department" means the Department of Corrections of this State. | ||||||
7 | In the case of functions performed on or after the effective | ||||||
8 | date of this amendatory Act of the 94th General Assembly, | ||||||
9 | "Department" has the meaning ascribed to it in subsection | ||||||
10 | (f-5).
| ||||||
11 | (f) In the case of functions performed before the effective | ||||||
12 | date of this amendatory Act of the 94th General Assembly, | ||||||
13 | "Director" means the Director of the Department of Corrections. | ||||||
14 | In the case of functions performed on or after the effective | ||||||
15 | date of this amendatory Act of the 94th General Assembly, | ||||||
16 | "Director" has the meaning ascribed to it in subsection (f-5).
| ||||||
17 | (f-5) In the case of functions performed on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, references to "Department" or "Director" refer to | ||||||
20 | either the Department of Corrections or the Director of | ||||||
21 | Corrections or to the Department of Juvenile Justice or the | ||||||
22 | Director of Juvenile Justice unless the context is specific to | ||||||
23 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
24 | Justice.
| ||||||
25 | (g) "Discharge" means the final termination of a commitment
| ||||||
26 | to the Department of Corrections.
|
| |||||||
| |||||||
1 | (h) "Discipline" means the rules and regulations for the
| ||||||
2 | maintenance of order and the protection of persons and property
| ||||||
3 | within the institutions and facilities of the Department and
| ||||||
4 | their enforcement.
| ||||||
5 | (i) "Escape" means the intentional and unauthorized | ||||||
6 | absence
of a committed person from the custody of the | ||||||
7 | Department.
| ||||||
8 | (j) "Furlough" means an authorized leave of absence from | ||||||
9 | the
Department of Corrections for a designated purpose and | ||||||
10 | period of time.
| ||||||
11 | (k) "Parole" means the conditional and revocable release
of | ||||||
12 | a committed person under 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 the | ||||||
20 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
21 | and
make recommendations to the Governor with respect to | ||||||
22 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
23 | and
mandatory supervised release and determine whether | ||||||
24 | violations
of those conditions justify revocation of parole or | ||||||
25 | release,
and to assume all other functions previously exercised | ||||||
26 | by the
Illinois Parole and Pardon Board.
|
| |||||||
| |||||||
1 | (m) Whenever medical treatment, service, counseling, or
| ||||||
2 | care is referred to in this Unified Code of Corrections,
such | ||||||
3 | term may be construed by the Department or Court, within
its | ||||||
4 | discretion, to include treatment, service or counseling by
a | ||||||
5 | Christian Science practitioner or nursing care appropriate
| ||||||
6 | therewith whenever request therefor is made by a person subject
| ||||||
7 | to the provisions of this Act.
| ||||||
8 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
9 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
10 | and Witnesses of Violent Crime Act.
| ||||||
11 | (o) "Wrongfully imprisoned person" means a person who has | ||||||
12 | been discharged from a prison of this State and
has received: | ||||||
13 | (1) a pardon from the Governor stating that such pardon | ||||||
14 | is issued on the ground of innocence of the crime for which | ||||||
15 | he or she was imprisoned; or | ||||||
16 | (2) a certificate of innocence from the Circuit Court | ||||||
17 | as provided in Section 2-702 of the Code of Civil | ||||||
18 | Procedure. | ||||||
19 | (Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; | ||||||
20 | 96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff. | ||||||
21 | 7-1-11; 97-1109, eff. 1-1-13.)
| ||||||
22 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
23 | Sec. 3-3-2. Powers and Duties.
| ||||||
24 | (a) The Parole and Pardon Board is abolished and the term | ||||||
25 | "Parole and
Pardon Board" as used in any law of Illinois, shall |
| |||||||
| |||||||
1 | read "Prisoner Review
Board." After the effective date of this | ||||||
2 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
3 | by rule for the orderly transition of
all files, records, and | ||||||
4 | documents of the Parole and Pardon Board and for
such other | ||||||
5 | steps as may be necessary to effect an orderly transition and | ||||||
6 | shall:
| ||||||
7 | (1) hear by at least one member and through a panel of | ||||||
8 | at least 3 members
decide, cases of prisoners
who were | ||||||
9 | sentenced under the law in effect prior to the effective
| ||||||
10 | date of this amendatory Act of 1977, and who are eligible | ||||||
11 | for parole;
| ||||||
12 | (2) hear by at least one member and through a panel of | ||||||
13 | at least 3 members decide, the conditions of
parole and the | ||||||
14 | time of discharge from parole, impose sanctions for
| ||||||
15 | violations of parole, and revoke
parole for those sentenced | ||||||
16 | under the law in effect prior to this amendatory
Act of | ||||||
17 | 1977; provided that the decision to parole and the | ||||||
18 | conditions of
parole for all prisoners who were sentenced | ||||||
19 | for first degree murder or who
received a minimum sentence | ||||||
20 | of 20 years or more under the law in effect
prior to | ||||||
21 | February 1, 1978 shall be determined by a majority vote of | ||||||
22 | the
Prisoner Review Board. One representative supporting | ||||||
23 | parole and one representative opposing parole will be | ||||||
24 | allowed to speak. Their comments shall be limited to making | ||||||
25 | corrections and filling in omissions to the Board's | ||||||
26 | presentation and discussion;
|
| |||||||
| |||||||
1 | (3) hear by at least one member and through a panel of | ||||||
2 | at least 3 members decide, the conditions
of mandatory | ||||||
3 | supervised release and the time of discharge from mandatory
| ||||||
4 | supervised release, impose sanctions for violations of | ||||||
5 | mandatory
supervised release, and revoke mandatory | ||||||
6 | supervised release for those
sentenced under the law in | ||||||
7 | effect after the effective date of this
amendatory Act of | ||||||
8 | 1977;
| ||||||
9 | (3.5) hear by at least one member and through a panel | ||||||
10 | of at least 3 members decide, the conditions of mandatory | ||||||
11 | supervised release and the time of discharge from mandatory | ||||||
12 | supervised release, to impose sanctions for violations of | ||||||
13 | mandatory supervised release and revoke mandatory | ||||||
14 | supervised release for those serving extended supervised | ||||||
15 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
16 | of Section 5-8-1;
| ||||||
17 | (4) hear by at least one 1 member and through a panel | ||||||
18 | of at least 3
members,
decide cases brought by the | ||||||
19 | Department of Corrections against a prisoner in
the custody | ||||||
20 | of the Department for alleged violation of Department rules
| ||||||
21 | with respect to sentence credits under Section 3-6-3 of | ||||||
22 | this Code
in which the Department seeks to revoke sentence | ||||||
23 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
24 | when, during any 12 month period, the
cumulative amount of | ||||||
25 | credit revoked exceeds 30 days except where the
infraction | ||||||
26 | is committed or discovered within 60 days of scheduled |
| |||||||
| |||||||
1 | release.
In such cases, the Department of Corrections may | ||||||
2 | revoke up to 30 days of
sentence credit. The Board may | ||||||
3 | subsequently approve the revocation of
additional sentence | ||||||
4 | credit, if the Department seeks to revoke sentence credit | ||||||
5 | in excess of thirty days. However, the Board shall not be
| ||||||
6 | empowered to review the Department's decision with respect | ||||||
7 | to the loss of
30 days of sentence credit for any prisoner | ||||||
8 | or to increase any penalty
beyond the length requested by | ||||||
9 | the Department;
| ||||||
10 | (5) hear by at least one member and through a panel of | ||||||
11 | at least 3
members decide, the
release dates for certain | ||||||
12 | prisoners sentenced under the law in existence
prior to the | ||||||
13 | effective date of this amendatory Act of 1977, in
| ||||||
14 | accordance with Section 3-3-2.1 of this Code;
| ||||||
15 | (6) hear by at least one member and through a panel of | ||||||
16 | at least 3 members
decide, all requests for pardon, | ||||||
17 | reprieve or commutation, and make confidential
| ||||||
18 | recommendations to the Governor;
| ||||||
19 | (7) comply with the requirements of the Open Parole | ||||||
20 | Hearings Act;
| ||||||
21 | (8) hear by at least one member and, through a panel of | ||||||
22 | at least 3
members, decide cases brought by the Department | ||||||
23 | of Corrections against a
prisoner in the custody of the | ||||||
24 | Department for court dismissal of a frivolous
lawsuit | ||||||
25 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
26 | Department seeks
to revoke up to 180 days of sentence |
| |||||||
| |||||||
1 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
2 | sentence credit at the time of the dismissal, then
all | ||||||
3 | sentence credit accumulated by the prisoner shall be | ||||||
4 | revoked;
| ||||||
5 | (9) hear by at least 3 members, and, through a panel of | ||||||
6 | at least 3
members, decide whether to grant certificates of | ||||||
7 | relief from
disabilities or certificates of good conduct as | ||||||
8 | provided in Article 5.5 of
Chapter V; and | ||||||
9 | (10) upon a petition by a person who has been convicted | ||||||
10 | of a Class 3 or Class 4 felony and who meets the | ||||||
11 | requirements of this paragraph, hear by at least 3 members | ||||||
12 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
13 | a certificate of eligibility for sealing recommending that | ||||||
14 | the court order the sealing of all official
records of the | ||||||
15 | arresting authority, the circuit court clerk, and the | ||||||
16 | Department of State Police concerning the arrest and | ||||||
17 | conviction for the Class 3 or 4 felony. A person may not | ||||||
18 | apply to the Board for a certificate of eligibility for | ||||||
19 | sealing: | ||||||
20 | (A) until 5 years have elapsed since the expiration | ||||||
21 | of his or her sentence; | ||||||
22 | (B) until 5 years have elapsed since any arrests or | ||||||
23 | detentions by a law enforcement officer for an alleged | ||||||
24 | violation of law, other than a petty offense, traffic | ||||||
25 | offense, conservation offense, or local ordinance | ||||||
26 | offense; |
| |||||||
| |||||||
1 | (C) if convicted of a violation of the Cannabis | ||||||
2 | Control Act, Illinois Controlled Substances Act, the | ||||||
3 | Methamphetamine Control and Community Protection Act, | ||||||
4 | the Methamphetamine Precursor Control Act, or the | ||||||
5 | Methamphetamine Precursor Tracking Act unless the | ||||||
6 | petitioner has completed a drug abuse program for the | ||||||
7 | offense on which sealing is sought and provides proof | ||||||
8 | that he or she has completed the program successfully; | ||||||
9 | (D) if convicted of: | ||||||
10 | (i) a sex offense described in Article 11 or | ||||||
11 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of | ||||||
13 | 2012 ; | ||||||
14 | (ii) aggravated assault; | ||||||
15 | (iii) aggravated battery; | ||||||
16 | (iv) domestic battery; | ||||||
17 | (v) aggravated domestic battery; | ||||||
18 | (vi) violation of an order of protection; | ||||||
19 | (vii) an offense under the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 involving a | ||||||
21 | firearm; | ||||||
22 | (viii) driving while under the influence of | ||||||
23 | alcohol, other drug or drugs, intoxicating | ||||||
24 | compound or compounds or any combination thereof; | ||||||
25 | (ix) aggravated driving while under the | ||||||
26 | influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | intoxicating compound or compounds or any | ||||||
2 | combination thereof; or | ||||||
3 | (x) any crime defined as a crime of violence | ||||||
4 | under Section 2 of the Crime Victims Compensation | ||||||
5 | Act. | ||||||
6 | If a person has applied to the Board for a certificate of | ||||||
7 | eligibility for sealing and the Board denies the certificate, | ||||||
8 | the person must wait at least 4 years before filing again or | ||||||
9 | filing for pardon from the Governor unless the Chairman of the | ||||||
10 | Prisoner Review Board grants a waiver. | ||||||
11 | The decision to issue or refrain from issuing a certificate | ||||||
12 | of eligibility for sealing shall be at the Board's sole | ||||||
13 | discretion, and shall not give rise to any cause of action | ||||||
14 | against either the Board or its members. | ||||||
15 | The Board may only authorize the sealing of Class 3 and 4 | ||||||
16 | felony convictions of the petitioner from one information or | ||||||
17 | indictment under this paragraph (10). A petitioner may only | ||||||
18 | receive one certificate of eligibility for sealing under this | ||||||
19 | provision for life.
| ||||||
20 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
21 | and in
coordination with the Department of Corrections and the | ||||||
22 | Department of Central
Management Services, shall implement a | ||||||
23 | pilot project in 3 correctional
institutions providing for the | ||||||
24 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
25 | (a) of this Section through interactive video conferences.
The
| ||||||
26 | project shall be implemented within 6 months after the |
| |||||||
| |||||||
1 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
2 | after the implementation of the pilot
project, the Prisoner | ||||||
3 | Review Board, with the cooperation of and in coordination
with | ||||||
4 | the Department of Corrections and the Department of Central | ||||||
5 | Management
Services, shall report to the Governor and the | ||||||
6 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
7 | future viability of interactive video
conferences for Prisoner | ||||||
8 | Review Board hearings.
| ||||||
9 | (b) Upon recommendation of the Department the Board may | ||||||
10 | restore sentence credit previously revoked.
| ||||||
11 | (c) The Board shall cooperate with the Department in | ||||||
12 | promoting an
effective system of parole and mandatory | ||||||
13 | supervised release.
| ||||||
14 | (d) The Board shall promulgate rules for the conduct of its | ||||||
15 | work,
and the Chairman shall file a copy of such rules and any | ||||||
16 | amendments
thereto with the Director and with the Secretary of | ||||||
17 | State.
| ||||||
18 | (e) The Board shall keep records of all of its official | ||||||
19 | actions and
shall make them accessible in accordance with law | ||||||
20 | and the rules of the
Board.
| ||||||
21 | (f) The Board or one who has allegedly violated the | ||||||
22 | conditions of
his parole or mandatory supervised release may | ||||||
23 | require by subpoena the
attendance and testimony of witnesses | ||||||
24 | and the production of documentary
evidence relating to any | ||||||
25 | matter under investigation or hearing. The
Chairman of the | ||||||
26 | Board may sign subpoenas which shall be served by any
agent or |
| |||||||
| |||||||
1 | public official authorized by the Chairman of the Board, or by
| ||||||
2 | any person lawfully authorized to serve a subpoena under the | ||||||
3 | laws of the
State of Illinois. The attendance of witnesses, and | ||||||
4 | the production of
documentary evidence, may be required from | ||||||
5 | any place in the State to a
hearing location in the State | ||||||
6 | before the Chairman of the Board or his
designated agent or | ||||||
7 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
8 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
9 | mileage that are paid witnesses in the circuit courts of the
| ||||||
10 | State, and witnesses whose depositions are taken and the | ||||||
11 | persons taking
those depositions are each entitled to the same | ||||||
12 | fees as are paid for
like services in actions in the circuit | ||||||
13 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
14 | payment when the witness is discharged
from further attendance.
| ||||||
15 | In case of disobedience to a subpoena, the Board may | ||||||
16 | petition any
circuit court of the State for an order requiring | ||||||
17 | the attendance and
testimony of witnesses or the production of | ||||||
18 | documentary evidence or
both. A copy of such petition shall be | ||||||
19 | served by personal service or by
registered or certified mail | ||||||
20 | upon the person who has failed to obey the
subpoena, and such | ||||||
21 | person shall be advised in writing that a hearing
upon the | ||||||
22 | petition will be requested in a court room to be designated in
| ||||||
23 | such notice before the judge hearing motions or extraordinary | ||||||
24 | remedies
at a specified time, on a specified date, not less | ||||||
25 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
26 | the written notice and petition
in the U.S. mails addressed to |
| |||||||
| |||||||
1 | the person at his last known address or
after the personal | ||||||
2 | service of the copy of the notice and petition upon
such | ||||||
3 | person. The court upon the filing of such a petition, may order | ||||||
4 | the
person refusing to obey the subpoena to appear at an | ||||||
5 | investigation or
hearing, or to there produce documentary | ||||||
6 | evidence, if so ordered, or to
give evidence relative to the | ||||||
7 | subject matter of that investigation or
hearing. Any failure to | ||||||
8 | obey such order of the circuit court may be
punished by that | ||||||
9 | court as a contempt of court.
| ||||||
10 | Each member of the Board and any hearing officer designated | ||||||
11 | by the
Board shall have the power to administer oaths and to | ||||||
12 | take the testimony
of persons under oath.
| ||||||
13 | (g) Except under subsection (a) of this Section, a majority | ||||||
14 | of the
members then appointed to the Prisoner Review Board | ||||||
15 | shall constitute a
quorum for the transaction of all business | ||||||
16 | of the Board.
| ||||||
17 | (h) The Prisoner Review Board shall annually transmit to | ||||||
18 | the
Director a detailed report of its work for the preceding | ||||||
19 | calendar year.
The annual report shall also be transmitted to | ||||||
20 | the Governor for
submission to the Legislature.
| ||||||
21 | (Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | ||||||
22 | 97-1120, eff. 1-1-13; revised 9-20-12.)
| ||||||
23 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
24 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
25 | Release.
|
| |||||||
| |||||||
1 | (a) The conditions of parole or mandatory
supervised | ||||||
2 | release shall be such as the Prisoner Review
Board deems | ||||||
3 | necessary to assist the subject in leading a
law-abiding life. | ||||||
4 | The conditions of every parole and mandatory
supervised release | ||||||
5 | are that the subject:
| ||||||
6 | (1) not violate any criminal statute of any | ||||||
7 | jurisdiction
during the parole or release term;
| ||||||
8 | (2) refrain from possessing a firearm or other | ||||||
9 | dangerous
weapon;
| ||||||
10 | (3) report to an agent of the Department of | ||||||
11 | Corrections;
| ||||||
12 | (4) permit the agent to visit him or her at his or her | ||||||
13 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
14 | the agent to discharge his or her duties;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction or
residence
of persons on
parole or mandatory | ||||||
17 | supervised release;
| ||||||
18 | (6) secure permission before visiting or writing a | ||||||
19 | committed person in an
Illinois Department
of Corrections | ||||||
20 | facility;
| ||||||
21 | (7) report all arrests to an agent of the Department of | ||||||
22 | Corrections as
soon as
permitted by the
arresting authority | ||||||
23 | but in no event later than 24 hours after release from
| ||||||
24 | custody and immediately report service or notification of | ||||||
25 | an order of protection, a civil no contact order, or a | ||||||
26 | stalking no contact order to an agent of the Department of |
| |||||||
| |||||||
1 | Corrections;
| ||||||
2 | (7.5) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender
Management Board Act, the individual shall | ||||||
4 | undergo and successfully complete
sex offender treatment | ||||||
5 | conducted in conformance with the standards developed by
| ||||||
6 | the Sex
Offender Management Board Act by a treatment | ||||||
7 | provider approved by the Board;
| ||||||
8 | (7.6) if convicted of a sex offense as defined in the | ||||||
9 | Sex Offender
Management Board Act, refrain from residing at | ||||||
10 | 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, or is in any facility operated or licensed by | ||||||
19 | the Department of Children and Family Services or by the | ||||||
20 | Department of Human Services, or is in any licensed medical | ||||||
21 | facility;
| ||||||
22 | (7.7) if convicted for an offense that would qualify | ||||||
23 | the accused as a sexual predator under the Sex Offender | ||||||
24 | Registration Act on or after January 1, 2007 (the effective | ||||||
25 | date of Public Act 94-988), wear an approved electronic | ||||||
26 | monitoring device as defined in Section 5-8A-2 for the |
| |||||||
| |||||||
1 | duration of the person's parole, mandatory supervised | ||||||
2 | release term, or extended mandatory supervised release | ||||||
3 | term and if convicted for an offense of criminal sexual | ||||||
4 | assault, aggravated criminal sexual assault, predatory | ||||||
5 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
6 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
7 | child committed on or after August 11, 2009 (the effective | ||||||
8 | date of Public Act 96-236) when the victim was under 18 | ||||||
9 | years of age at the time of the commission of the offense | ||||||
10 | and the defendant used force or the threat of force in the | ||||||
11 | commission of the offense wear an approved electronic | ||||||
12 | monitoring device as defined in Section 5-8A-2 that has | ||||||
13 | Global Positioning System (GPS) capability for the | ||||||
14 | duration of the person's parole, mandatory supervised | ||||||
15 | release term, or extended mandatory supervised release | ||||||
16 | term;
| ||||||
17 | (7.8) if convicted for an offense committed on or after | ||||||
18 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
19 | 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 of | ||||||
21 | 1961 or the Criminal Code of 2012 , refrain from | ||||||
22 | communicating with or contacting, by means of the Internet, | ||||||
23 | a person who is not related to the accused and whom the | ||||||
24 | accused reasonably believes to be under 18 years of age; | ||||||
25 | for purposes of this paragraph (7.8), "Internet" has the | ||||||
26 | meaning ascribed to it in Section 16-0.1 of the Criminal |
| |||||||
| |||||||
1 | Code of 2012 1961 ; and a person is not related to the | ||||||
2 | accused if the person is not: (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 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
7 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012 , consent to search of computers, | ||||||
9 | PDAs, cellular phones, and other devices under his or her | ||||||
10 | control that are capable of accessing the Internet or | ||||||
11 | storing electronic files, in order to confirm Internet | ||||||
12 | protocol addresses reported in accordance with the Sex | ||||||
13 | Offender Registration Act and compliance with conditions | ||||||
14 | in this Act;
| ||||||
15 | (7.10)
if convicted for an offense that would qualify | ||||||
16 | the accused as a sex offender or sexual predator under the | ||||||
17 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
18 | effective date of Public Act 95-640), not possess | ||||||
19 | prescription drugs for erectile dysfunction;
| ||||||
20 | (7.11) if convicted for an offense under Section 11-6, | ||||||
21 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
22 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
24 | or any attempt to commit any of these offenses, committed | ||||||
25 | on or after June 1, 2009 (the effective date of Public Act | ||||||
26 | 95-983): |
| |||||||
| |||||||
1 | (i) not access or use a computer or any other | ||||||
2 | device with Internet capability without the prior | ||||||
3 | written approval of the Department; | ||||||
4 | (ii) submit to periodic unannounced examinations | ||||||
5 | of the offender's computer or any other device with | ||||||
6 | Internet capability by the offender's supervising | ||||||
7 | agent, a law enforcement officer, or assigned computer | ||||||
8 | or information technology specialist, including the | ||||||
9 | retrieval and copying of all data from the computer or | ||||||
10 | device and any internal or external peripherals and | ||||||
11 | removal of such information, equipment, or device to | ||||||
12 | conduct a more thorough inspection; | ||||||
13 | (iii) submit to the installation on the offender's | ||||||
14 | computer or device with Internet capability, at the | ||||||
15 | offender's expense, of one or more hardware or software | ||||||
16 | systems to monitor the Internet use; and | ||||||
17 | (iv) submit to any other appropriate restrictions | ||||||
18 | concerning the offender's use of or access to a | ||||||
19 | computer or any other device with Internet capability | ||||||
20 | imposed by the Board, the Department or the offender's | ||||||
21 | supervising agent; | ||||||
22 | (7.12) if convicted of a sex offense as defined in the | ||||||
23 | Sex Offender
Registration Act committed on or after January | ||||||
24 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
25 | from accessing or using a social networking website as | ||||||
26 | defined in Section 17-0.5 of the Criminal Code of 2012 |
| |||||||
| |||||||
1 | 1961 ;
| ||||||
2 | (7.13) if convicted of a sex offense as defined in | ||||||
3 | Section 2 of the Sex Offender Registration Act committed on | ||||||
4 | or after January 1, 2010 (the effective date of Public Act | ||||||
5 | 96-362) that requires the person to register as a sex | ||||||
6 | offender under that Act, may not knowingly use any computer | ||||||
7 | scrub software on any computer that the sex offender uses; | ||||||
8 | (8) obtain permission of an agent of the Department of | ||||||
9 | Corrections before
leaving the
State of Illinois;
| ||||||
10 | (9) obtain permission of an agent of the Department of | ||||||
11 | Corrections before
changing
his or her residence or | ||||||
12 | employment;
| ||||||
13 | (10) consent to a search of his or her person, | ||||||
14 | property, or residence
under his or her
control;
| ||||||
15 | (11) refrain from the use or possession of narcotics or | ||||||
16 | other controlled
substances in
any form, or both, or any | ||||||
17 | paraphernalia related to those substances and submit
to a
| ||||||
18 | urinalysis test as instructed by a parole agent of the | ||||||
19 | Department of
Corrections;
| ||||||
20 | (12) not frequent places where controlled substances | ||||||
21 | are illegally sold,
used,
distributed, or administered;
| ||||||
22 | (13) not knowingly associate with other persons on | ||||||
23 | parole or mandatory
supervised
release without prior | ||||||
24 | written permission of his or her parole agent and not
| ||||||
25 | associate with
persons who are members of an organized gang | ||||||
26 | as that term is defined in the
Illinois
Streetgang |
| |||||||
| |||||||
1 | Terrorism Omnibus Prevention Act;
| ||||||
2 | (14) provide true and accurate information, as it | ||||||
3 | relates to his or her
adjustment in the
community while on | ||||||
4 | parole or mandatory supervised release or to his or her
| ||||||
5 | conduct
while incarcerated, in response to inquiries by his | ||||||
6 | or her parole agent or of
the
Department of Corrections;
| ||||||
7 | (15) follow any specific instructions provided by the | ||||||
8 | parole agent that
are consistent
with furthering | ||||||
9 | conditions set and approved by the Prisoner Review Board or | ||||||
10 | by
law,
exclusive of placement on electronic detention, to | ||||||
11 | achieve the goals and
objectives of his
or her parole or | ||||||
12 | mandatory supervised release or to protect the public. | ||||||
13 | These
instructions by the parole agent may be modified at | ||||||
14 | any time, as the agent
deems
appropriate;
| ||||||
15 | (16) if convicted of a sex offense as defined in | ||||||
16 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
17 | offender is a parent or guardian of the person under 18 | ||||||
18 | years of age present in the home and no non-familial minors | ||||||
19 | are present, not participate in a holiday event involving | ||||||
20 | children under 18 years of age, such as distributing candy | ||||||
21 | or other items to children on Halloween, wearing a Santa | ||||||
22 | Claus costume on or preceding Christmas, being employed as | ||||||
23 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
24 | costume on or preceding Easter; | ||||||
25 | (17) if convicted of a violation of an order of | ||||||
26 | protection under Section 12-3.4 or Section 12-30 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012 , be | ||||||
2 | placed under electronic surveillance as provided in | ||||||
3 | Section 5-8A-7 of this Code; | ||||||
4 | (18) comply with the terms and conditions of an order | ||||||
5 | of protection issued pursuant to the Illinois Domestic | ||||||
6 | Violence Act of 1986; an order of protection issued by the | ||||||
7 | court of another state, tribe, or United States territory; | ||||||
8 | a no contact order issued pursuant to the Civil No Contact | ||||||
9 | Order Act; or a no contact order issued pursuant to the | ||||||
10 | Stalking No Contact Order Act; and | ||||||
11 | (19) if convicted of a violation of the Methamphetamine | ||||||
12 | Control and Community Protection Act, the Methamphetamine
| ||||||
13 | Precursor Control Act, or a methamphetamine related | ||||||
14 | offense, be: | ||||||
15 | (A) prohibited from purchasing, possessing, or | ||||||
16 | having under his or her control any product containing | ||||||
17 | pseudoephedrine unless prescribed by a physician; and | ||||||
18 | (B) prohibited from purchasing, possessing, or | ||||||
19 | having under his or her control any product containing | ||||||
20 | ammonium nitrate. | ||||||
21 | (b) The Board may in addition to other conditions
require | ||||||
22 | that the subject:
| ||||||
23 | (1) work or pursue a course of study or vocational | ||||||
24 | training;
| ||||||
25 | (2) undergo medical or psychiatric treatment, or | ||||||
26 | treatment
for drug addiction or alcoholism;
|
| |||||||
| |||||||
1 | (3) attend or reside in a facility established for the
| ||||||
2 | instruction or residence of persons on probation or parole;
| ||||||
3 | (4) support his dependents;
| ||||||
4 | (5) (blank);
| ||||||
5 | (6) (blank);
| ||||||
6 | (7) (blank);
| ||||||
7 | (7.5) if convicted for an offense committed on or after | ||||||
8 | the effective date of this amendatory Act of the 95th | ||||||
9 | General Assembly that would qualify the accused as a child | ||||||
10 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 , refrain | ||||||
12 | from communicating with or contacting, by means of the | ||||||
13 | Internet, a person who is related to the accused and whom | ||||||
14 | the accused reasonably believes to be under 18 years of | ||||||
15 | age; for purposes of this paragraph (7.5), "Internet" has | ||||||
16 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
17 | Criminal Code of 2012 1961 ; and a person is related to the | ||||||
18 | accused if the person is: (i) the spouse, brother, or | ||||||
19 | sister of the accused; (ii) a descendant of the accused; | ||||||
20 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
21 | step-child or adopted child of the accused; | ||||||
22 | (7.6) if convicted for an offense committed on or after | ||||||
23 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
24 | would qualify as a sex offense as defined in the Sex | ||||||
25 | Offender Registration Act: | ||||||
26 | (i) not access or use a computer or any other |
| |||||||
| |||||||
1 | device with Internet capability without the prior | ||||||
2 | written approval of the Department; | ||||||
3 | (ii) submit to periodic unannounced examinations | ||||||
4 | of the offender's computer or any other device with | ||||||
5 | Internet capability by the offender's supervising | ||||||
6 | agent, a law enforcement officer, or assigned computer | ||||||
7 | or information technology specialist, including the | ||||||
8 | retrieval and copying of all data from the computer or | ||||||
9 | device and any internal or external peripherals and | ||||||
10 | removal of such information, equipment, or device to | ||||||
11 | conduct a more thorough inspection; | ||||||
12 | (iii) submit to the installation on the offender's | ||||||
13 | computer or device with Internet capability, at the | ||||||
14 | offender's expense, of one or more hardware or software | ||||||
15 | systems to monitor the Internet use; and | ||||||
16 | (iv) submit to any other appropriate restrictions | ||||||
17 | concerning the offender's use of or access to a | ||||||
18 | computer or any other device with Internet capability | ||||||
19 | imposed by the Board, the Department or the offender's | ||||||
20 | supervising agent; and
| ||||||
21 | (8) in addition, if a minor:
| ||||||
22 | (i) reside with his parents or in a foster home;
| ||||||
23 | (ii) attend school;
| ||||||
24 | (iii) attend a non-residential program for youth; | ||||||
25 | or
| ||||||
26 | (iv) contribute to his own support at home or in a |
| |||||||
| |||||||
1 | foster
home.
| ||||||
2 | (b-1) In addition to the conditions set forth in | ||||||
3 | subsections (a) and (b), persons required to register as sex | ||||||
4 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
5 | release from the custody of the Illinois Department of | ||||||
6 | Corrections, may be required by the Board to comply with the | ||||||
7 | following specific conditions of release: | ||||||
8 | (1) reside only at a Department approved location; | ||||||
9 | (2) comply with all requirements of the Sex Offender | ||||||
10 | Registration Act;
| ||||||
11 | (3) notify
third parties of the risks that may be | ||||||
12 | occasioned by his or her criminal record; | ||||||
13 | (4) obtain the approval of an agent of the Department | ||||||
14 | of Corrections prior to accepting employment or pursuing a | ||||||
15 | course of study or vocational training and notify the | ||||||
16 | Department prior to any change in employment, study, or | ||||||
17 | training; | ||||||
18 | (5) not be employed or participate in any
volunteer | ||||||
19 | activity that involves contact with children, except under | ||||||
20 | circumstances approved in advance and in writing by an | ||||||
21 | agent of the Department of Corrections; | ||||||
22 | (6) be electronically monitored for a minimum of 12 | ||||||
23 | months from the date of release as determined by the 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 |
| |||||||
| |||||||
1 | consideration of the purpose of the entry, the time of day, | ||||||
2 | 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 written | ||||||
8 | approval of an agent of the Department of Corrections; | ||||||
9 | (9) refrain from all contact, directly or
indirectly, | ||||||
10 | personally, by telephone, letter, or through a third party, | ||||||
11 | with minor children without prior identification and | ||||||
12 | approval of an agent of the Department of Corrections; | ||||||
13 | (10) neither possess or have under his or her
control | ||||||
14 | any material that is sexually oriented, sexually | ||||||
15 | stimulating, or that shows male or female sex organs or any | ||||||
16 | pictures depicting children under 18 years of age nude or | ||||||
17 | any written or audio material describing sexual | ||||||
18 | intercourse or that depicts or alludes to sexual activity, | ||||||
19 | including but not limited to visual, auditory, telephonic, | ||||||
20 | or electronic media, or any matter obtained through access | ||||||
21 | to any computer or material linked to computer access use; | ||||||
22 | (11) not patronize any business providing
sexually | ||||||
23 | stimulating or sexually oriented entertainment nor utilize | ||||||
24 | "900" or adult telephone numbers; | ||||||
25 | (12) not reside near, visit, or be in or about
parks, | ||||||
26 | schools, day care centers, swimming pools, beaches, |
| |||||||
| |||||||
1 | theaters, or any other places where minor children | ||||||
2 | congregate without advance approval of an agent of the | ||||||
3 | Department of Corrections and immediately report any | ||||||
4 | incidental contact with minor children to the Department; | ||||||
5 | (13) not possess or have under his or her control
| ||||||
6 | certain specified items of contraband related to the | ||||||
7 | incidence of sexually offending as determined by an agent | ||||||
8 | of the Department of Corrections; | ||||||
9 | (14) may be required to provide a written daily log of | ||||||
10 | activities
if directed by an agent of the Department of | ||||||
11 | Corrections; | ||||||
12 | (15) comply with all other special conditions
that the | ||||||
13 | Department may impose that restrict the person from | ||||||
14 | high-risk situations and limit access to potential | ||||||
15 | victims; | ||||||
16 | (16) take an annual polygraph exam; | ||||||
17 | (17) maintain a log of his or her travel; or | ||||||
18 | (18) obtain prior approval of his or her parole officer | ||||||
19 | before driving alone in a motor vehicle.
| ||||||
20 | (c) The conditions under which the parole or mandatory
| ||||||
21 | supervised release is to be served shall be communicated to
the | ||||||
22 | person in writing prior to his release, and he shall
sign the | ||||||
23 | same before release. A signed copy of these conditions,
| ||||||
24 | including a copy of an order of protection where one had been | ||||||
25 | issued by the
criminal court, shall be retained by the person | ||||||
26 | and another copy forwarded to
the officer in charge of his |
| |||||||
| |||||||
1 | supervision.
| ||||||
2 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
3 | Review Board may modify or enlarge the conditions of parole
or | ||||||
4 | mandatory supervised release.
| ||||||
5 | (e) The Department shall inform all offenders committed to
| ||||||
6 | the Department of the optional services available to them
upon | ||||||
7 | release and shall assist inmates in availing themselves
of such | ||||||
8 | optional services upon their release on a voluntary
basis. | ||||||
9 | (f) (Blank).
| ||||||
10 | (Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | ||||||
11 | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. | ||||||
12 | 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | ||||||
13 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
14 | 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | ||||||
15 | 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
16 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
17 | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| ||||||
18 | (a) (1) The Department of Corrections shall prescribe | ||||||
19 | rules
and regulations for awarding and revoking sentence | ||||||
20 | credit for persons committed to the Department which shall
| ||||||
21 | be subject to review by the Prisoner Review Board.
| ||||||
22 | (1.5) As otherwise provided by law, sentence credit may | ||||||
23 | be awarded for the following: | ||||||
24 | (A) successful completion of programming while in | ||||||
25 | custody of the Department or while in custody prior to |
| |||||||
| |||||||
1 | sentencing; | ||||||
2 | (B) compliance with the rules and regulations of | ||||||
3 | the Department; or | ||||||
4 | (C) service to the institution, service to a | ||||||
5 | community, or service to the State.
| ||||||
6 | (2) The rules and regulations on sentence credit shall | ||||||
7 | provide, with
respect to offenses listed in clause (i), | ||||||
8 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
9 | June 19, 1998 or with respect to the offense listed in | ||||||
10 | clause (iv) of this paragraph (2) committed on or after | ||||||
11 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
12 | with
respect to offense listed in clause (vi)
committed on | ||||||
13 | or after June 1, 2008 (the effective date of Public Act | ||||||
14 | 95-625)
or with respect to the offense of being an armed | ||||||
15 | habitual criminal committed on or after August 2, 2005 (the | ||||||
16 | effective date of Public Act 94-398) or with respect to the | ||||||
17 | offenses listed in clause (v) of this paragraph (2) | ||||||
18 | committed on or after August 13, 2007 (the effective date | ||||||
19 | of Public Act 95-134) or with respect to the offense of | ||||||
20 | aggravated domestic battery committed on or after July 23, | ||||||
21 | 2010 (the effective date of Public Act 96-1224) or with | ||||||
22 | respect to the offense of attempt to commit terrorism | ||||||
23 | committed on or after January 1, 2013 ( the effective date | ||||||
24 | of Public Act 97-990) this amendatory Act of the 97th | ||||||
25 | General Assembly , the following:
| ||||||
26 | (i) that a prisoner who is serving a term of |
| |||||||
| |||||||
1 | imprisonment for first
degree murder or for the offense | ||||||
2 | of terrorism shall receive no sentence
credit and shall | ||||||
3 | serve the entire
sentence imposed by the court;
| ||||||
4 | (ii) that a prisoner serving a sentence for attempt | ||||||
5 | to commit terrorism, attempt to commit first
degree | ||||||
6 | murder, solicitation of murder, solicitation of murder | ||||||
7 | for hire,
intentional homicide of an unborn child, | ||||||
8 | predatory criminal sexual assault of a
child, | ||||||
9 | aggravated criminal sexual assault, criminal sexual | ||||||
10 | assault, aggravated
kidnapping, aggravated battery | ||||||
11 | with a firearm as described in Section 12-4.2 or | ||||||
12 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
13 | Section 12-3.05, heinous battery as described in | ||||||
14 | Section 12-4.1 or subdivision (a)(2) of Section | ||||||
15 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
16 | battery of a senior citizen as described in Section | ||||||
17 | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||||||
18 | aggravated battery of a child as described in Section | ||||||
19 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
20 | receive no
more than 4.5 days of sentence credit for | ||||||
21 | each month of his or her sentence
of imprisonment;
| ||||||
22 | (iii) that a prisoner serving a sentence
for home | ||||||
23 | invasion, armed robbery, aggravated vehicular | ||||||
24 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
25 | violence with a category I weapon
or category II | ||||||
26 | weapon, when the court
has made and entered a finding, |
| |||||||
| |||||||
1 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
2 | Code, that the conduct leading to conviction for the | ||||||
3 | enumerated offense
resulted in great bodily harm to a | ||||||
4 | victim, shall receive no more than 4.5 days
of sentence | ||||||
5 | credit for each month of his or her sentence of | ||||||
6 | imprisonment;
| ||||||
7 | (iv) that a prisoner serving a sentence for | ||||||
8 | aggravated discharge of a firearm, whether or not the | ||||||
9 | conduct leading to conviction for the offense resulted | ||||||
10 | in great bodily harm to the victim, shall receive no | ||||||
11 | more than 4.5 days of sentence credit for each month of | ||||||
12 | his or her sentence of imprisonment;
| ||||||
13 | (v) that a person serving a sentence for | ||||||
14 | gunrunning, narcotics racketeering, controlled | ||||||
15 | substance trafficking, methamphetamine trafficking, | ||||||
16 | drug-induced homicide, aggravated | ||||||
17 | methamphetamine-related child endangerment, money | ||||||
18 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
19 | 29B-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 , or a Class X felony conviction for delivery of | ||||||
21 | a controlled substance, possession of a controlled | ||||||
22 | substance with intent to manufacture or deliver, | ||||||
23 | calculated criminal drug conspiracy, criminal drug | ||||||
24 | conspiracy, street gang criminal drug conspiracy, | ||||||
25 | participation in methamphetamine manufacturing, | ||||||
26 | aggravated participation in methamphetamine |
| |||||||
| |||||||
1 | manufacturing, delivery of methamphetamine, possession | ||||||
2 | with intent to deliver methamphetamine, aggravated | ||||||
3 | delivery of methamphetamine, aggravated possession | ||||||
4 | with intent to deliver methamphetamine, | ||||||
5 | methamphetamine conspiracy when the substance | ||||||
6 | containing the controlled substance or methamphetamine | ||||||
7 | is 100 grams or more shall receive no more than 7.5 | ||||||
8 | days sentence credit for each month of his or her | ||||||
9 | sentence of imprisonment;
| ||||||
10 | (vi)
that a prisoner serving a sentence for a | ||||||
11 | second or subsequent offense of luring a minor shall | ||||||
12 | receive no more than 4.5 days of sentence credit for | ||||||
13 | each month of his or her sentence of imprisonment; and
| ||||||
14 | (vii) that a prisoner serving a sentence for | ||||||
15 | aggravated domestic battery shall receive no more than | ||||||
16 | 4.5 days of sentence credit for each month of his or | ||||||
17 | her sentence of imprisonment.
| ||||||
18 | (2.1) For all offenses, other than those enumerated in | ||||||
19 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
20 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
21 | after June 23, 2005 (the effective date of Public Act | ||||||
22 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
23 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
24 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
25 | 2008 (the effective date of Public Act 95-625) or | ||||||
26 | subdivision (a)(2)(vii) committed on or after July 23, 2010 |
| |||||||
| |||||||
1 | (the effective date of Public Act 96-1224), and other than | ||||||
2 | the offense of aggravated driving under the influence of | ||||||
3 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
4 | compounds, or any combination thereof as defined in
| ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
6 | Section 11-501 of the
Illinois Vehicle Code, and other than | ||||||
7 | the offense of aggravated driving under the influence of | ||||||
8 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
9 | compounds, or any combination
thereof as defined in | ||||||
10 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
11 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
12 | after January 1, 2011 (the effective date of Public Act | ||||||
13 | 96-1230),
the rules and regulations shall
provide that a | ||||||
14 | prisoner who is serving a term of
imprisonment shall | ||||||
15 | receive one day of sentence credit for each day of
his or | ||||||
16 | her sentence of imprisonment or recommitment under Section | ||||||
17 | 3-3-9.
Each day of sentence credit shall reduce by one day | ||||||
18 | the prisoner's period
of imprisonment or recommitment | ||||||
19 | under Section 3-3-9.
| ||||||
20 | (2.2) A prisoner serving a term of natural life | ||||||
21 | imprisonment or a
prisoner who has been sentenced to death | ||||||
22 | shall receive no sentence
credit.
| ||||||
23 | (2.3) The rules and regulations on sentence credit | ||||||
24 | shall provide that
a prisoner who is serving a sentence for | ||||||
25 | aggravated driving under the influence of alcohol,
other | ||||||
26 | drug or drugs, or intoxicating compound or compounds, or |
| |||||||
| |||||||
1 | any combination
thereof as defined in subparagraph (F) of | ||||||
2 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
3 | Illinois Vehicle Code, shall receive no more than 4.5
days | ||||||
4 | of sentence credit for each month of his or her sentence of
| ||||||
5 | imprisonment.
| ||||||
6 | (2.4) The rules and regulations on sentence credit | ||||||
7 | shall provide with
respect to the offenses of aggravated | ||||||
8 | battery with a machine gun or a firearm
equipped with any | ||||||
9 | device or attachment designed or used for silencing the
| ||||||
10 | report of a firearm or aggravated discharge of a machine | ||||||
11 | gun or a firearm
equipped with any device or attachment | ||||||
12 | designed or used for silencing the
report of a firearm, | ||||||
13 | committed on or after
July 15, 1999 (the effective date of | ||||||
14 | Public Act 91-121),
that a prisoner serving a sentence for | ||||||
15 | any of these offenses shall receive no
more than 4.5 days | ||||||
16 | of sentence credit for each month of his or her sentence
of | ||||||
17 | imprisonment.
| ||||||
18 | (2.5) The rules and regulations on sentence credit | ||||||
19 | shall provide that a
prisoner who is serving a sentence for | ||||||
20 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
21 | effective date of Public Act 92-176) shall receive no more | ||||||
22 | than
4.5 days of sentence credit for each month of his or | ||||||
23 | her sentence of
imprisonment.
| ||||||
24 | (2.6) The rules and regulations on sentence credit | ||||||
25 | shall provide that a
prisoner who is serving a sentence for | ||||||
26 | aggravated driving under the influence of alcohol,
other |
| |||||||
| |||||||
1 | drug or drugs, or intoxicating compound or compounds or any | ||||||
2 | combination
thereof as defined in subparagraph (C) of | ||||||
3 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
4 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
5 | (the effective date of Public Act 96-1230) shall receive no | ||||||
6 | more than 4.5
days of sentence credit for each month of his | ||||||
7 | or her sentence of
imprisonment.
| ||||||
8 | (3) The rules and regulations shall also provide that
| ||||||
9 | the Director may award up to 180 days additional sentence
| ||||||
10 | credit for good conduct in specific instances as the
| ||||||
11 | Director deems proper. The good conduct may include, but is | ||||||
12 | not limited to, compliance with the rules and regulations | ||||||
13 | of the Department, service to the Department, service to a | ||||||
14 | community, or service to the State. However, the Director | ||||||
15 | shall not award more than 90 days
of sentence credit for | ||||||
16 | good conduct to any prisoner who is serving a sentence for
| ||||||
17 | conviction of first degree murder, reckless homicide while | ||||||
18 | under the
influence of alcohol or any other drug,
or | ||||||
19 | aggravated driving under the influence of alcohol, other | ||||||
20 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
21 | any combination thereof as defined in
subparagraph (F) of | ||||||
22 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
23 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
24 | predatory criminal sexual assault of a child,
aggravated | ||||||
25 | criminal sexual assault, criminal sexual assault, deviate | ||||||
26 | sexual
assault, aggravated criminal sexual abuse, |
| |||||||
| |||||||
1 | aggravated indecent liberties
with a child, indecent | ||||||
2 | liberties with a child, child pornography, heinous
battery | ||||||
3 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
4 | Section 12-3.05, aggravated battery of a spouse, | ||||||
5 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
6 | aggravated stalking, aggravated battery of a child as | ||||||
7 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
8 | Section 12-3.05,
endangering the life or health of a child, | ||||||
9 | or cruelty to a child. Notwithstanding the foregoing, | ||||||
10 | sentence credit for
good conduct shall not be awarded on a
| ||||||
11 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
12 | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||||||
13 | or (iii) when the offense is committed on or after
June 19, | ||||||
14 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
15 | committed on or after June 23, 2005 (the effective date of | ||||||
16 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
17 | is committed on or after August 13, 2007 (the effective | ||||||
18 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
19 | the offense is committed on or after June 1, 2008 (the | ||||||
20 | effective date of Public Act 95-625) or subdivision | ||||||
21 | (a)(2)(vii) when the offense is committed on or after July | ||||||
22 | 23, 2010 (the effective date of Public Act 96-1224), (ii) | ||||||
23 | aggravated driving under the influence of alcohol, other | ||||||
24 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
25 | any combination thereof as defined in
subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of the
|
| |||||||
| |||||||
1 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
2 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
3 | after
July 15, 1999 (the effective date of Public Act | ||||||
4 | 91-121),
(iv) aggravated arson when the offense is | ||||||
5 | committed
on or after July 27, 2001 (the effective date of | ||||||
6 | Public Act 92-176), (v) offenses that may subject the | ||||||
7 | offender to commitment under the Sexually Violent Persons | ||||||
8 | Commitment Act, or (vi) aggravated driving under the | ||||||
9 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
10 | compound or compounds or any combination
thereof as defined | ||||||
11 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
12 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
13 | after January 1, 2011 (the effective date of Public Act | ||||||
14 | 96-1230).
| ||||||
15 | Eligible inmates for an award of sentence credit under
this | ||||||
16 | paragraph (3) may be selected to receive the credit at
the | ||||||
17 | Director's or his or her designee's sole discretion.
| ||||||
18 | Consideration may be based on, but not limited to, any
| ||||||
19 | available risk assessment analysis on the inmate, any history | ||||||
20 | of conviction for violent crimes as defined by the Rights of | ||||||
21 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
22 | inmate's holding offense or offenses, and the potential for | ||||||
23 | rehabilitation. | ||||||
24 | The Director shall not award sentence credit under this | ||||||
25 | paragraph (3) to an inmate unless the inmate has served a | ||||||
26 | minimum of 60 days of the sentence; except nothing in this |
| |||||||
| |||||||
1 | paragraph shall be construed to permit the Director to extend | ||||||
2 | an inmate's sentence beyond that which was imposed by the | ||||||
3 | court. Prior to awarding credit under this paragraph (3), the | ||||||
4 | Director shall make a written determination that the inmate: | ||||||
5 | (A) is eligible for the sentence credit; | ||||||
6 | (B) has served a minimum of 60 days, or as close to | ||||||
7 | 60 days as the sentence will allow; and | ||||||
8 | (C) has met the eligibility criteria established | ||||||
9 | by rule. | ||||||
10 | The Director shall determine the form and content of | ||||||
11 | the written determination required in this subsection. | ||||||
12 | (3.5) The Department shall provide annual written | ||||||
13 | reports to the Governor and the General Assembly on the | ||||||
14 | award of sentence credit for good conduct, with the first | ||||||
15 | report due January 1, 2014. The Department must publish | ||||||
16 | both reports on its website within 48 hours of transmitting | ||||||
17 | the reports to the Governor and the General Assembly. The | ||||||
18 | reports must include: | ||||||
19 | (A) the number of inmates awarded sentence credit | ||||||
20 | for good conduct; | ||||||
21 | (B) the average amount of sentence credit for good | ||||||
22 | conduct awarded; | ||||||
23 | (C) the holding offenses of inmates awarded | ||||||
24 | sentence credit for good conduct; and | ||||||
25 | (D) the number of sentence credit for good conduct | ||||||
26 | revocations.
|
| |||||||
| |||||||
1 | (4) The rules and regulations shall also provide that | ||||||
2 | the sentence
credit accumulated and retained under | ||||||
3 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
4 | inmate during specific periods of time in which such
inmate | ||||||
5 | is engaged full-time in substance abuse programs, | ||||||
6 | correctional
industry assignments, educational programs, | ||||||
7 | behavior modification programs, life skills courses, or | ||||||
8 | re-entry planning provided by the Department
under this | ||||||
9 | paragraph (4) and satisfactorily completes the assigned | ||||||
10 | program as
determined by the standards of the Department, | ||||||
11 | shall be multiplied by a factor
of 1.25 for program | ||||||
12 | participation before August 11, 1993
and 1.50 for program | ||||||
13 | participation on or after that date.
The rules and | ||||||
14 | regulations shall also provide that sentence credit, | ||||||
15 | subject to the same offense limits and multiplier provided | ||||||
16 | in this paragraph, may be provided to an inmate who was | ||||||
17 | held in pre-trial detention prior to his or her current | ||||||
18 | commitment to the Department of Corrections and | ||||||
19 | successfully completed a full-time, 60-day or longer | ||||||
20 | substance abuse program, educational program, behavior | ||||||
21 | modification program, life skills course, or re-entry | ||||||
22 | planning provided by the county department of corrections | ||||||
23 | or county jail. Calculation of this county program credit | ||||||
24 | shall be done at sentencing as provided in Section | ||||||
25 | 5-4.5-100 of this Code and shall be included in the | ||||||
26 | sentencing order. However, no inmate shall be eligible for |
| |||||||
| |||||||
1 | the additional sentence credit
under this paragraph (4) or | ||||||
2 | (4.1) of this subsection (a) while assigned to a boot camp
| ||||||
3 | or electronic detention, or if convicted of an offense | ||||||
4 | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||||||
5 | Section that is committed on or after June 19,
1998 or | ||||||
6 | subdivision (a)(2)(iv) of this Section that is committed on | ||||||
7 | or after June 23, 2005 (the effective date of Public Act | ||||||
8 | 94-71) or subdivision (a)(2)(v) of this Section that is | ||||||
9 | committed on or after August 13, 2007 (the effective date | ||||||
10 | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||||||
11 | offense is committed on or after June 1, 2008 (the | ||||||
12 | effective date of Public Act 95-625) or subdivision | ||||||
13 | (a)(2)(vii) when the offense is committed on or after July | ||||||
14 | 23, 2010 (the effective date of Public Act 96-1224), or if | ||||||
15 | convicted of aggravated driving under the influence of | ||||||
16 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
17 | compounds or any combination thereof as defined in
| ||||||
18 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
19 | Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
20 | convicted of aggravated driving under the influence of | ||||||
21 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
22 | compounds or any combination
thereof as defined in | ||||||
23 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
24 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
25 | after January 1, 2011 (the effective date of Public Act | ||||||
26 | 96-1230), or if convicted of an offense enumerated in |
| |||||||
| |||||||
1 | paragraph
(a)(2.4) of this Section that is committed on or | ||||||
2 | after
July 15, 1999 (the effective date of Public Act | ||||||
3 | 91-121),
or first degree murder, a Class X felony, criminal | ||||||
4 | sexual
assault, felony criminal sexual abuse, aggravated | ||||||
5 | criminal sexual abuse,
aggravated battery with a firearm as | ||||||
6 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
7 | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||||||
8 | successor offenses
with the same or substantially the same | ||||||
9 | elements, or any inchoate offenses
relating to the | ||||||
10 | foregoing offenses. No inmate shall be eligible for the
| ||||||
11 | additional good conduct credit under this paragraph (4) who | ||||||
12 | (i) has previously
received increased good conduct credit | ||||||
13 | under this paragraph (4) and has
subsequently been | ||||||
14 | convicted of a
felony, or (ii) has previously served more | ||||||
15 | than one prior sentence of
imprisonment for a felony in an | ||||||
16 | adult correctional facility.
| ||||||
17 | Educational, vocational, substance abuse, behavior | ||||||
18 | modification programs, life skills courses, re-entry | ||||||
19 | planning, and correctional
industry programs under which | ||||||
20 | sentence credit may be increased under
this paragraph (4) | ||||||
21 | and paragraph (4.1) of this subsection (a) shall be | ||||||
22 | evaluated by the Department on the basis of
documented | ||||||
23 | standards. The Department shall report the results of these
| ||||||
24 | evaluations to the Governor and the General Assembly by | ||||||
25 | September 30th of each
year. The reports shall include data | ||||||
26 | relating to the recidivism rate among
program |
| |||||||
| |||||||
1 | participants.
| ||||||
2 | Availability of these programs shall be subject to the
| ||||||
3 | limits of fiscal resources appropriated by the General | ||||||
4 | Assembly for these
purposes. Eligible inmates who are | ||||||
5 | denied immediate admission shall be
placed on a waiting | ||||||
6 | list under criteria established by the Department.
The | ||||||
7 | inability of any inmate to become engaged in any such | ||||||
8 | programs
by reason of insufficient program resources or for | ||||||
9 | any other reason
established under the rules and | ||||||
10 | regulations of the Department shall not be
deemed a cause | ||||||
11 | of action under which the Department or any employee or
| ||||||
12 | agent of the Department shall be liable for damages to the | ||||||
13 | inmate.
| ||||||
14 | (4.1) The rules and regulations shall also provide that | ||||||
15 | an additional 60 days of sentence credit shall be awarded | ||||||
16 | to any prisoner who passes the high school level Test of | ||||||
17 | General Educational Development (GED) while the prisoner | ||||||
18 | is committed to the Department of Corrections. The sentence | ||||||
19 | credit awarded under this paragraph (4.1) shall be in | ||||||
20 | addition to, and shall not affect, the award of sentence | ||||||
21 | credit under any other paragraph of this Section, but shall | ||||||
22 | also be pursuant to the guidelines and restrictions set | ||||||
23 | forth in paragraph (4) of subsection (a) of this Section.
| ||||||
24 | The sentence credit provided for in this paragraph shall be | ||||||
25 | available only to those prisoners who have not previously | ||||||
26 | earned a high school diploma or a GED. If, after an award |
| |||||||
| |||||||
1 | of the GED sentence credit has been made and the Department | ||||||
2 | determines that the prisoner was not eligible, then the | ||||||
3 | award shall be revoked.
The Department may also award 60 | ||||||
4 | days of sentence credit to any committed person who passed | ||||||
5 | the high school level Test of General Educational | ||||||
6 | Development (GED) while he or she was held in pre-trial | ||||||
7 | detention prior to the current commitment to the Department | ||||||
8 | of Corrections.
| ||||||
9 | (4.5) The rules and regulations on sentence credit | ||||||
10 | shall also provide that
when the court's sentencing order | ||||||
11 | recommends a prisoner for substance abuse treatment and the
| ||||||
12 | crime was committed on or after September 1, 2003 (the | ||||||
13 | effective date of
Public Act 93-354), the prisoner shall | ||||||
14 | receive no sentence credit awarded under clause (3) of this | ||||||
15 | subsection (a) unless he or she participates in and
| ||||||
16 | completes a substance abuse treatment program. The | ||||||
17 | Director may waive the requirement to participate in or | ||||||
18 | complete a substance abuse treatment program and award the | ||||||
19 | sentence credit in specific instances if the prisoner is | ||||||
20 | not a good candidate for a substance abuse treatment | ||||||
21 | program for medical, programming, or operational reasons. | ||||||
22 | Availability of
substance abuse treatment shall be subject | ||||||
23 | to the limits of fiscal resources
appropriated by the | ||||||
24 | General Assembly for these purposes. If treatment is not
| ||||||
25 | available and the requirement to participate and complete | ||||||
26 | the treatment has not been waived by the Director, the |
| |||||||
| |||||||
1 | prisoner shall be placed on a waiting list under criteria
| ||||||
2 | established by the Department. The Director may allow a | ||||||
3 | prisoner placed on
a waiting list to participate in and | ||||||
4 | complete a substance abuse education class or attend | ||||||
5 | substance
abuse self-help meetings in lieu of a substance | ||||||
6 | abuse treatment program. A prisoner on a waiting list who | ||||||
7 | is not placed in a substance abuse program prior to release | ||||||
8 | may be eligible for a waiver and receive sentence credit | ||||||
9 | under clause (3) of this subsection (a) at the discretion | ||||||
10 | of the Director.
| ||||||
11 | (4.6) The rules and regulations on sentence credit | ||||||
12 | shall also provide that a prisoner who has been convicted | ||||||
13 | of a sex offense as defined in Section 2 of the Sex | ||||||
14 | Offender Registration Act shall receive no sentence credit | ||||||
15 | unless he or she either has successfully completed or is | ||||||
16 | participating in sex offender treatment as defined by the | ||||||
17 | Sex Offender Management Board. However, prisoners who are | ||||||
18 | waiting to receive treatment, but who are unable to do so | ||||||
19 | due solely to the lack of resources on the part of the | ||||||
20 | Department, may, at the Director's sole discretion, be | ||||||
21 | awarded sentence credit at a rate as the Director shall | ||||||
22 | determine.
| ||||||
23 | (5) Whenever the Department is to release any inmate | ||||||
24 | earlier than it
otherwise would because of a grant of | ||||||
25 | sentence credit for good conduct under paragraph (3) of | ||||||
26 | subsection (a) of this Section given at any time during the |
| |||||||
| |||||||
1 | term, the Department shall give
reasonable notice of the | ||||||
2 | impending release not less than 14 days prior to the date | ||||||
3 | of the release to the State's
Attorney of the county where | ||||||
4 | the prosecution of the inmate took place, and if | ||||||
5 | applicable, the State's Attorney of the county into which | ||||||
6 | the inmate will be released. The Department must also make | ||||||
7 | identification information and a recent photo of the inmate | ||||||
8 | being released accessible on the Internet by means of a | ||||||
9 | hyperlink labeled "Community Notification of Inmate Early | ||||||
10 | Release" on the Department's World Wide Web homepage.
The | ||||||
11 | identification information shall include the inmate's: | ||||||
12 | name, any known alias, date of birth, physical | ||||||
13 | characteristics, residence address, commitment offense and | ||||||
14 | county where conviction was imposed. The identification | ||||||
15 | information shall be placed on the website within 3 days of | ||||||
16 | the inmate's release and the information may not be removed | ||||||
17 | until either: completion of the first year of mandatory | ||||||
18 | supervised release or return of the inmate to custody of | ||||||
19 | the Department.
| ||||||
20 | (b) Whenever a person is or has been committed under
| ||||||
21 | several convictions, with separate sentences, the sentences
| ||||||
22 | shall be construed under Section 5-8-4 in granting and
| ||||||
23 | forfeiting of sentence credit.
| ||||||
24 | (c) The Department shall prescribe rules and regulations
| ||||||
25 | for revoking sentence credit, including revoking sentence | ||||||
26 | credit awarded for good conduct under paragraph (3) of |
| |||||||
| |||||||
1 | subsection (a) of this Section. The Department shall prescribe | ||||||
2 | rules and regulations for suspending or reducing
the rate of | ||||||
3 | accumulation of sentence credit for specific
rule violations, | ||||||
4 | during imprisonment. These rules and regulations
shall provide | ||||||
5 | that no inmate may be penalized more than one
year of sentence | ||||||
6 | credit for any one infraction.
| ||||||
7 | When the Department seeks to revoke, suspend or reduce
the | ||||||
8 | rate of accumulation of any sentence credits for
an alleged | ||||||
9 | infraction of its rules, it shall bring charges
therefor | ||||||
10 | against the prisoner sought to be so deprived of
sentence | ||||||
11 | credits before the Prisoner Review Board as
provided in | ||||||
12 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
13 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
14 | month period, the cumulative amount of
credit revoked exceeds | ||||||
15 | 30 days except where the infraction is committed
or discovered | ||||||
16 | within 60 days of scheduled release. In those cases,
the | ||||||
17 | Department of Corrections may revoke up to 30 days of sentence | ||||||
18 | credit.
The Board may subsequently approve the revocation of | ||||||
19 | additional sentence credit, if the Department seeks to revoke | ||||||
20 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
21 | not be empowered to review the
Department's decision with | ||||||
22 | respect to the loss of 30 days of sentence
credit within any | ||||||
23 | calendar year for any prisoner or to increase any penalty
| ||||||
24 | beyond the length requested by the Department.
| ||||||
25 | The Director of the Department of Corrections, in | ||||||
26 | appropriate cases, may
restore up to 30 days of sentence |
| |||||||
| |||||||
1 | credits which have been revoked, suspended
or reduced. Any | ||||||
2 | restoration of sentence credits in excess of 30 days shall
be | ||||||
3 | subject to review by the Prisoner Review Board. However, the | ||||||
4 | Board may not
restore sentence credit in excess of the amount | ||||||
5 | requested by the Director.
| ||||||
6 | Nothing contained in this Section shall prohibit the | ||||||
7 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
8 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
9 | sentence imposed by the court that was not served due to the
| ||||||
10 | accumulation of sentence credit.
| ||||||
11 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
12 | federal court
against the State, the Department of Corrections, | ||||||
13 | or the Prisoner Review Board,
or against any of
their officers | ||||||
14 | or employees, and the court makes a specific finding that a
| ||||||
15 | pleading, motion, or other paper filed by the prisoner is | ||||||
16 | frivolous, the
Department of Corrections shall conduct a | ||||||
17 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
18 | charges against the prisoner
sought to be deprived of the | ||||||
19 | sentence credits before the Prisoner Review
Board as provided | ||||||
20 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
21 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
22 | time of the finding, then the Prisoner Review Board may revoke | ||||||
23 | all
sentence credit accumulated by the prisoner.
| ||||||
24 | For purposes of this subsection (d):
| ||||||
25 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
26 | filing which
purports to be a legal document filed by a |
| |||||||
| |||||||
1 | prisoner in his or her lawsuit meets
any or all of the | ||||||
2 | following criteria:
| ||||||
3 | (A) it lacks an arguable basis either in law or in | ||||||
4 | fact;
| ||||||
5 | (B) it is being presented for any improper purpose, | ||||||
6 | such as to harass or
to cause unnecessary delay or | ||||||
7 | needless increase in the cost of litigation;
| ||||||
8 | (C) the claims, defenses, and other legal | ||||||
9 | contentions therein are not
warranted by existing law | ||||||
10 | or by a nonfrivolous argument for the extension,
| ||||||
11 | modification, or reversal of existing law or the | ||||||
12 | establishment of new law;
| ||||||
13 | (D) the allegations and other factual contentions | ||||||
14 | do not have
evidentiary
support or, if specifically so | ||||||
15 | identified, are not likely to have evidentiary
support | ||||||
16 | after a reasonable opportunity for further | ||||||
17 | investigation or discovery;
or
| ||||||
18 | (E) the denials of factual contentions are not | ||||||
19 | warranted on the
evidence, or if specifically so | ||||||
20 | identified, are not reasonably based on a lack
of | ||||||
21 | information or belief.
| ||||||
22 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
23 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
24 | action under
Article X of the Code of Civil Procedure or | ||||||
25 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
26 | under the Court of Claims Act, an action under the
federal |
| |||||||
| |||||||
1 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
2 | subsequent petition for post-conviction relief under | ||||||
3 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
4 | whether filed with or without leave of court or a second or | ||||||
5 | subsequent petition for relief from judgment under Section | ||||||
6 | 2-1401 of the Code of Civil Procedure.
| ||||||
7 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
8 | validity of Public Act 89-404.
| ||||||
9 | (f) Whenever the Department is to release any inmate who | ||||||
10 | has been convicted of a violation of an order of protection | ||||||
11 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 , earlier than it
otherwise would | ||||||
13 | because of a grant of sentence credit, the Department, as a | ||||||
14 | condition of release, shall require that the person, upon | ||||||
15 | release, be placed under electronic surveillance as provided in | ||||||
16 | Section 5-8A-7 of this Code. | ||||||
17 | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | ||||||
18 | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | ||||||
19 | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | ||||||
20 | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | ||||||
21 | revised 8-23-12.)
| ||||||
22 | (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
| ||||||
23 | Sec. 3-6-4. Enforcement of Discipline - Escape.
| ||||||
24 | (a) A committed person who escapes or attempts to escape | ||||||
25 | from an
institution or facility of the Department of |
| |||||||
| |||||||
1 | Corrections, or escapes or attempts to
escape while in the | ||||||
2 | custody of an employee of the Department of Corrections, or
| ||||||
3 | holds or participates in the holding of any person as a hostage | ||||||
4 | by
force, threat or violence, or while participating in any | ||||||
5 | disturbance,
demonstration or riot, causes, directs or | ||||||
6 | participates in the
destruction of any property is guilty of a | ||||||
7 | Class 2 felony. A committed
person who fails to return from | ||||||
8 | furlough or from work and day release is
guilty of a Class 3 | ||||||
9 | felony.
| ||||||
10 | (b) If one or more committed persons injures or attempts to | ||||||
11 | injure
in a violent manner any employee, officer, guard, other | ||||||
12 | peace officer
or any other committed person or damages or | ||||||
13 | attempts to damage any building or
workshop, or any | ||||||
14 | appurtenances thereof, or attempts to escape, or disobeys or
| ||||||
15 | resists any lawful command, the employees, officers, guards and | ||||||
16 | other peace
officers shall use all suitable means to defend | ||||||
17 | themselves, to enforce the
observance of discipline, to secure | ||||||
18 | the persons of the offenders, and prevent
such attempted | ||||||
19 | violence or escape; and said employees, officers, guards, or
| ||||||
20 | other peace officers, or any of them, shall, in the attempt to | ||||||
21 | prevent the
escape of any such person, or in attempting to | ||||||
22 | retake any such person who has
escaped, or in attempting to | ||||||
23 | prevent or suppress violence by a committed person
against | ||||||
24 | another person, a riot, revolt, mutiny or insurrection, be | ||||||
25 | justified in
the use of force, including force likely to cause | ||||||
26 | death or great bodily harm
under Section 7-8 of the Criminal |
| |||||||
| |||||||
1 | Code of 2012 1961 which he reasonably believed
necessary.
| ||||||
2 | As used in this Section, "committed person" includes a | ||||||
3 | person held in
detention in a secure facility or committed as a | ||||||
4 | sexually violent person and
held in a secure facility under the | ||||||
5 | Sexually Violent Persons Commitment Act;
and "peace officer" | ||||||
6 | means any officer or member
of any duly organized State, county | ||||||
7 | or municipal police unit or police force.
| ||||||
8 | (c) The Department shall establish procedures to provide | ||||||
9 | immediate
notification of the escape of any person, as defined | ||||||
10 | in subsection (a) of this
Section, to the persons specified in | ||||||
11 | subsection (c) of Section
3-14-1 of this Code.
| ||||||
12 | (Source: P.A. 97-1083, eff. 8-24-12.)
| ||||||
13 | (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
| ||||||
14 | Sec. 3-10-7. Interdivisional Transfers. | ||||||
15 | (a) In any case where a minor
was originally prosecuted | ||||||
16 | under the provisions of the Criminal Code of
1961 or the | ||||||
17 | Criminal Code of 2012 , as amended, and sentenced under the | ||||||
18 | provisions of this Act pursuant
to Section 2-7 of the Juvenile | ||||||
19 | Court Act or Section 5-805 of the
Juvenile
Court Act of 1987 | ||||||
20 | and committed to the Department of Juvenile Justice under | ||||||
21 | Section 5-8-6, the Department of Juvenile Justice shall, within
| ||||||
22 | 30 days of the date that the minor
reaches the age of 17, send | ||||||
23 | formal notification to the sentencing court
and the State's | ||||||
24 | Attorney of the county from which the minor was sentenced
| ||||||
25 | indicating the day upon which the minor offender will achieve |
| |||||||
| |||||||
1 | the age
of 17. Within 90 days of receipt of that notice, the | ||||||
2 | sentencing court shall
conduct a hearing, pursuant to the | ||||||
3 | provisions of subsection (c) of this
Section to determine | ||||||
4 | whether or not the minor shall continue to remain
under the | ||||||
5 | auspices of the Department of Juvenile Justice or be | ||||||
6 | transferred to the Department of Corrections.
| ||||||
7 | The minor shall be served with notice of the date of the | ||||||
8 | hearing,
shall be present at the hearing, and has the right to | ||||||
9 | counsel at the
hearing. The minor, with the consent of his or | ||||||
10 | her counsel or guardian may
waive his presence at hearing.
| ||||||
11 | (b) Unless sooner paroled under Section 3-3-3, the | ||||||
12 | confinement of a
minor person committed for an indeterminate | ||||||
13 | sentence in a criminal
proceeding shall terminate at the | ||||||
14 | expiration of the maximum term of
imprisonment, and he shall | ||||||
15 | thereupon be released to serve a period of
parole under Section | ||||||
16 | 5-8-1, but if the maximum term of imprisonment does
not expire | ||||||
17 | until after his 21st birthday, he shall continue to be
subject | ||||||
18 | to the control and custody of the Department of Juvenile | ||||||
19 | Justice, and on his 21st
birthday, he shall be transferred to | ||||||
20 | the Department of Corrections. If such person
is on parole on | ||||||
21 | his 21st birthday, his parole supervision may be
transferred to | ||||||
22 | the Department of Corrections.
| ||||||
23 | (c) Any interdivisional transfer hearing conducted | ||||||
24 | pursuant to subsection
(a) of this Section shall consider all | ||||||
25 | available information which may bear
upon the issue of | ||||||
26 | transfer. All evidence helpful to the court in determining
the |
| |||||||
| |||||||
1 | question of transfer, including oral and written reports | ||||||
2 | containing
hearsay, may be relied upon to the extent of its | ||||||
3 | probative value, even though
not competent for the purposes of | ||||||
4 | an adjudicatory hearing. The court shall
consider, along with | ||||||
5 | any other relevant matter, the following:
| ||||||
6 | 1. The nature of the offense for which the minor was | ||||||
7 | found guilty and
the length of the sentence the minor has | ||||||
8 | to serve and the record and
previous history of the minor.
| ||||||
9 | 2. The record of the minor's adjustment within the | ||||||
10 | Department of
Juvenile Justice, including, but not limited | ||||||
11 | to, reports from
the minor's counselor, any escapes, | ||||||
12 | attempted escapes or violent or
disruptive conduct on the | ||||||
13 | part of the minor, any tickets received by the
minor, | ||||||
14 | summaries of classes attended by the minor, and any record | ||||||
15 | of work
performed by the minor while in the institution.
| ||||||
16 | 3. The relative maturity of the minor based upon the | ||||||
17 | physical,
psychological and emotional development of the | ||||||
18 | minor.
| ||||||
19 | 4. The record of the rehabilitative progress of the | ||||||
20 | minor and an
assessment of the vocational potential of the | ||||||
21 | minor.
| ||||||
22 | 5. An assessment of the necessity for transfer of the | ||||||
23 | minor, including,
but not limited to, the availability of | ||||||
24 | space within the Department of
Corrections, the | ||||||
25 | disciplinary and security problem which the minor has
| ||||||
26 | presented to the Department of Juvenile Justice and the |
| |||||||
| |||||||
1 | practicability of maintaining
the minor in a juvenile | ||||||
2 | facility, whether resources have been exhausted
within the | ||||||
3 | Department of Juvenile Justice, the
availability of | ||||||
4 | rehabilitative and vocational programs within the
| ||||||
5 | Department of Corrections, and the anticipated ability of | ||||||
6 | the minor to
adjust to confinement within an adult | ||||||
7 | institution based upon the minor's
physical size and | ||||||
8 | maturity.
| ||||||
9 | All relevant factors considered under this subsection need | ||||||
10 | not be resolved
against the juvenile in order to justify such | ||||||
11 | transfer. Access to social
records, probation reports or any | ||||||
12 | other reports which are considered by
the court for the purpose | ||||||
13 | of transfer shall be made available to counsel
for the juvenile | ||||||
14 | at least 30 days prior to the date of the transfer hearing.
The | ||||||
15 | Sentencing Court, upon granting a transfer order, shall | ||||||
16 | accompany such
order with a statement of reasons.
| ||||||
17 | (d) Whenever the Director of Juvenile Justice or his | ||||||
18 | designee determines that the
interests of safety, security and | ||||||
19 | discipline require the transfer to the
Department of | ||||||
20 | Corrections of a person 17 years or older who was prosecuted | ||||||
21 | under the
provisions of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 , as amended, and sentenced under
the | ||||||
23 | provisions of this Act pursuant to Section 2-7 of the Juvenile | ||||||
24 | Court Act
or Section 5-805 of the Juvenile Court Act of 1987
| ||||||
25 | and committed to the Department of Juvenile Justice under | ||||||
26 | Section 5-8-6, the Director or
his designee may authorize the |
| |||||||
| |||||||
1 | emergency transfer of such person, unless
the transfer of the | ||||||
2 | person is governed by subsection (e) of this Section.
The | ||||||
3 | sentencing court shall be provided notice of any emergency | ||||||
4 | transfer no
later than 3 days after the emergency transfer. | ||||||
5 | Upon motion brought within
60 days of the emergency transfer by | ||||||
6 | the sentencing court or any party, the
sentencing court may | ||||||
7 | conduct a hearing pursuant to the provisions of
subsection (c) | ||||||
8 | of this Section in order to determine whether the person
shall | ||||||
9 | remain confined in the Department of Corrections.
| ||||||
10 | (e) The Director of Juvenile Justice or his designee may | ||||||
11 | authorize the permanent transfer to
the Department of | ||||||
12 | Corrections of any person 18 years or older who was prosecuted | ||||||
13 | under
the provisions of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 , as amended, and sentenced
under the | ||||||
15 | provisions of this Act pursuant to Section 2-7 of the Juvenile
| ||||||
16 | Court Act or Section 5-805 of the Juvenile Court Act of 1987
| ||||||
17 | and committed to the Department of Juvenile Justice under | ||||||
18 | Section 5-8-6 of this Act.
The Director of Juvenile Justice or | ||||||
19 | his designee shall be governed by the following factors
in | ||||||
20 | determining whether to authorize the permanent transfer of the | ||||||
21 | person to
the Department of Corrections:
| ||||||
22 | 1. The nature of the offense for which the person was | ||||||
23 | found guilty and
the length of the sentence the person has | ||||||
24 | to serve and the record and
previous history of the person.
| ||||||
25 | 2. The record of the person's adjustment within the | ||||||
26 | Department of Juvenile Justice, including, but not limited |
| |||||||
| |||||||
1 | to, reports from
the person's counselor, any escapes, | ||||||
2 | attempted escapes or violent or
disruptive conduct on the | ||||||
3 | part of the person, any tickets received by the
person, | ||||||
4 | summaries of classes attended by the person, and any record | ||||||
5 | of work
performed by the person while in the institution.
| ||||||
6 | 3. The relative maturity of the person based upon the | ||||||
7 | physical,
psychological and emotional development of the | ||||||
8 | person.
| ||||||
9 | 4. The record of the rehabilitative progress of the | ||||||
10 | person and an
assessment of the vocational potential of the | ||||||
11 | person.
| ||||||
12 | 5. An assessment of the necessity for transfer of the | ||||||
13 | person, including,
but not limited to, the availability of | ||||||
14 | space within the Department of
Corrections, the | ||||||
15 | disciplinary and security problem which the person has
| ||||||
16 | presented to the Department of Juvenile Justice and the | ||||||
17 | practicability of maintaining
the person in a juvenile | ||||||
18 | facility, whether resources have been exhausted
within the | ||||||
19 | Department of Juvenile Justice, the
availability of | ||||||
20 | rehabilitative and vocational programs within the
| ||||||
21 | Department of Corrections, and the anticipated ability of | ||||||
22 | the person to
adjust to confinement within an adult | ||||||
23 | institution based upon the person's
physical size and | ||||||
24 | maturity.
| ||||||
25 | (Source: P.A. 97-1083, eff. 8-24-12.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-14-1.5)
| ||||||
2 | Sec. 3-14-1.5. Parole agents and parole supervisors; | ||||||
3 | off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and | ||||||
4 | Section 24-1.6 of the Criminal Code of 2012 1961 do not apply | ||||||
5 | to parole agents and parole supervisors who meet the following | ||||||
6 | conditions: | ||||||
7 | (1) The parole agent or parole supervisor must receive | ||||||
8 | training in the use of firearms while off-duty conducted by the | ||||||
9 | Illinois Law Enforcement Training Standards Board and be | ||||||
10 | certified as having successfully completing such training by | ||||||
11 | the Board. The Board shall determine the amount of such | ||||||
12 | training and the course content for such training. The parole | ||||||
13 | agent or parole supervisor shall requalify for the firearms | ||||||
14 | training annually at a State range certified by the Illinois | ||||||
15 | Law Enforcement Training Standards Board. The expenses of such | ||||||
16 | retraining shall be paid by the parole agent or parole | ||||||
17 | supervisor and moneys for such requalification shall be | ||||||
18 | expended at the request of the Illinois Law Enforcement | ||||||
19 | Training Standards Board. | ||||||
20 | (2) The parole agent or parole supervisor shall purchase | ||||||
21 | such firearm at his or her own expense and shall register the | ||||||
22 | firearm with the Illinois Department of State Police and with | ||||||
23 | any other local law enforcement agencies that require such | ||||||
24 | registration. | ||||||
25 | (3) The parole agent or parole supervisor may not carry any | ||||||
26 | Illinois Department of Corrections State issued firearm while |
| |||||||
| |||||||
1 | off-duty. A person who violates this paragraph (3) is subject | ||||||
2 | to disciplinary action by the Illinois Department of | ||||||
3 | Corrections. | ||||||
4 | (4) Parole agents and supervisors who are discharged from | ||||||
5 | employment of the Illinois Department of Corrections shall no | ||||||
6 | longer be considered law enforcement officials and all their | ||||||
7 | rights as law enforcement officials shall be revoked | ||||||
8 | permanently.
| ||||||
9 | (Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11.)
| ||||||
10 | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| ||||||
11 | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| ||||||
12 | Release and Release by Statute.
| ||||||
13 | (a) The Department shall retain custody of all persons | ||||||
14 | placed on
parole or mandatory supervised release or released | ||||||
15 | pursuant to Section
3-3-10 of this Code and shall supervise | ||||||
16 | such persons during
their parole or release period in accord | ||||||
17 | with the conditions set by the
Prisoner Review Board. Such | ||||||
18 | conditions shall include referral to an
alcohol or drug abuse | ||||||
19 | treatment program, as appropriate, if such person has
| ||||||
20 | previously been identified as having an alcohol or drug abuse | ||||||
21 | problem.
Such conditions may include that the person use an | ||||||
22 | approved electronic
monitoring device subject to Article 8A of | ||||||
23 | Chapter V.
| ||||||
24 | (b) The Department shall assign personnel to assist persons | ||||||
25 | eligible
for parole in preparing a parole plan. Such Department |
| |||||||
| |||||||
1 | personnel shall
make a report of their efforts and findings to | ||||||
2 | the Prisoner Review
Board prior to its consideration of the | ||||||
3 | case of such eligible person.
| ||||||
4 | (c) A copy of the conditions of his parole or release shall | ||||||
5 | be
signed by the parolee or releasee and given to him and to | ||||||
6 | his
supervising officer who shall report on his progress under | ||||||
7 | the rules and
regulations of the Prisoner Review Board. The | ||||||
8 | supervising officer
shall report violations to the Prisoner | ||||||
9 | Review Board and shall have
the full power of peace officers in | ||||||
10 | the arrest and retaking of any
parolees or releasees or the | ||||||
11 | officer may request the Department to issue
a warrant for the | ||||||
12 | arrest of any parolee or releasee who has allegedly
violated | ||||||
13 | his parole or release conditions. | ||||||
14 | (c-1) The supervising officer shall request the Department | ||||||
15 | to issue a parole violation warrant, and the Department shall | ||||||
16 | issue a parole violation warrant, under the following | ||||||
17 | circumstances: | ||||||
18 | (1) if the parolee or releasee
commits an act that | ||||||
19 | constitutes a felony using a firearm or knife, | ||||||
20 | (2) if applicable, fails to comply with the | ||||||
21 | requirements of the Sex Offender Registration Act, | ||||||
22 | (3) if the parolee or releasee is charged with: | ||||||
23 | (A) a felony offense of domestic battery under | ||||||
24 | Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 , | ||||||
26 | (B) aggravated domestic battery under Section |
| |||||||
| |||||||
1 | 12-3.3 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 , | ||||||
3 | (C) stalking under Section 12-7.3 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012 , | ||||||
5 | (D) aggravated stalking under Section 12-7.4 of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
7 | (E) violation of an order of protection under | ||||||
8 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 , or | ||||||
10 | (F) any offense that would require registration as | ||||||
11 | a sex offender under the Sex Offender Registration Act, | ||||||
12 | or | ||||||
13 | (4) if the parolee or releasee
is on parole or | ||||||
14 | mandatory supervised release for a murder, a Class X felony | ||||||
15 | or a Class 1 felony violation of the Criminal Code of 1961 | ||||||
16 | or the Criminal Code of 2012 , or any felony that requires | ||||||
17 | registration as a sex offender under the Sex Offender | ||||||
18 | Registration Act and commits an act that constitutes first | ||||||
19 | degree murder, a Class X felony, a Class 1 felony, a Class | ||||||
20 | 2 felony, or a Class 3 felony. | ||||||
21 | A
sheriff or other peace officer may detain an alleged | ||||||
22 | parole or release
violator until a warrant for his return to | ||||||
23 | the Department can be issued.
The parolee or releasee may be | ||||||
24 | delivered to any secure place until he can
be transported to | ||||||
25 | the Department. The officer or the Department shall file a | ||||||
26 | violation report with notice of charges with the Prisoner |
| |||||||
| |||||||
1 | Review Board.
| ||||||
2 | (d) The supervising officer shall regularly advise and | ||||||
3 | consult with
the parolee or releasee, assist him in adjusting | ||||||
4 | to community life,
inform him of the restoration of his rights | ||||||
5 | on successful completion of
sentence under Section 5-5-5. If | ||||||
6 | the parolee or releasee has been convicted of a sex offense as | ||||||
7 | defined in the Sex Offender
Management Board Act, the | ||||||
8 | supervising officer shall periodically, but not less than once | ||||||
9 | a month, verify that the parolee or releasee is in compliance | ||||||
10 | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| ||||||
11 | (e) Supervising officers shall receive specialized | ||||||
12 | training in the
special needs of female releasees or parolees | ||||||
13 | including the family
reunification process.
| ||||||
14 | (f) The supervising officer shall keep such records as the
| ||||||
15 | Prisoner Review Board or Department may require. All records | ||||||
16 | shall be
entered in the master file of the individual.
| ||||||
17 | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | ||||||
18 | 97-389, eff. 8-15-11.)
| ||||||
19 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
20 | Sec. 5-3-2. Presentence Report.
| ||||||
21 | (a) In felony cases, the presentence
report shall set | ||||||
22 | forth:
| ||||||
23 | (1) the defendant's history of delinquency or | ||||||
24 | criminality,
physical and mental history and condition, | ||||||
25 | family situation and
background, economic status, |
| |||||||
| |||||||
1 | education, occupation and personal habits;
| ||||||
2 | (2) information about special resources within the | ||||||
3 | community
which might be available to assist the | ||||||
4 | defendant's rehabilitation,
including treatment centers, | ||||||
5 | residential facilities, vocational
training services, | ||||||
6 | correctional manpower programs, employment
opportunities, | ||||||
7 | special educational programs, alcohol and drug
abuse | ||||||
8 | programming, psychiatric and marriage counseling, and | ||||||
9 | other
programs and facilities which could aid the | ||||||
10 | defendant's successful
reintegration into society;
| ||||||
11 | (3) the effect the offense committed has had upon the | ||||||
12 | victim or
victims thereof, and any compensatory benefit | ||||||
13 | that various
sentencing alternatives would confer on such | ||||||
14 | victim or victims;
| ||||||
15 | (4) information concerning the defendant's status | ||||||
16 | since arrest,
including his record if released on his own | ||||||
17 | recognizance, or the
defendant's achievement record if | ||||||
18 | released on a conditional
pre-trial supervision program;
| ||||||
19 | (5) when appropriate, a plan, based upon the personal, | ||||||
20 | economic
and social adjustment needs of the defendant, | ||||||
21 | utilizing public and
private community resources as an | ||||||
22 | alternative to institutional
sentencing;
| ||||||
23 | (6) any other matters that the investigatory officer | ||||||
24 | deems
relevant or the court directs to be included; and
| ||||||
25 | (7) information concerning defendant's eligibility for | ||||||
26 | a sentence to a
county impact incarceration program under |
| |||||||
| |||||||
1 | Section 5-8-1.2 of this Code.
| ||||||
2 | (b) The investigation shall include a physical and mental
| ||||||
3 | examination of the defendant when so ordered by the court. If
| ||||||
4 | the court determines that such an examination should be made, | ||||||
5 | it
shall issue an order that the defendant submit to | ||||||
6 | examination at
such time and place as designated by the court | ||||||
7 | and that such
examination be conducted by a physician, | ||||||
8 | psychologist or
psychiatrist designated by the court. Such an | ||||||
9 | examination may
be conducted in a court clinic if so ordered by | ||||||
10 | the court. The
cost of such examination shall be paid by the | ||||||
11 | county in which
the trial is held.
| ||||||
12 | (b-5) In cases involving felony sex offenses in which the | ||||||
13 | offender is being considered for probation only or any felony | ||||||
14 | offense that is
sexually motivated as defined in the Sex | ||||||
15 | Offender Management Board Act in which the offender is being | ||||||
16 | considered for probation only, the
investigation shall include | ||||||
17 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
18 | and conducted in conformance with the standards developed under
| ||||||
19 | the Sex Offender Management Board Act. In cases in which the | ||||||
20 | offender is being considered for any mandatory prison sentence, | ||||||
21 | the investigation shall not include a sex offender evaluation.
| ||||||
22 | (c) In misdemeanor, business offense or petty offense | ||||||
23 | cases, except as
specified in subsection (d) of this Section, | ||||||
24 | when a presentence report has
been ordered by the court, such | ||||||
25 | presentence report shall contain
information on the | ||||||
26 | defendant's history of delinquency or criminality and
shall |
| |||||||
| |||||||
1 | further contain only those matters listed in any of paragraphs | ||||||
2 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
3 | Section as are
specified by the court in its order for the | ||||||
4 | report.
| ||||||
5 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
6 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
7 | 2012 , as amended, the presentence report shall set forth
| ||||||
8 | information about alcohol, drug abuse, psychiatric, and | ||||||
9 | marriage counseling
or other treatment programs and | ||||||
10 | facilities, information on the defendant's
history of | ||||||
11 | delinquency or criminality, and shall contain those additional
| ||||||
12 | matters listed in any of paragraphs (1) through (6) of | ||||||
13 | subsection (a) or in
subsection (b) of this Section as are | ||||||
14 | specified by the court.
| ||||||
15 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
16 | held without bail or to have his bail revoked for the purpose
| ||||||
17 | of preparing the presentence report or making an examination.
| ||||||
18 | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
19 | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | ||||||
20 | 7-1-11; 97-1109, eff. 1-1-13.)
| ||||||
21 | (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||||||
22 | Sec. 5-3-4. Disclosure of Reports.
| ||||||
23 | (a) Any report made pursuant to this Article or Section | ||||||
24 | 5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||||||
25 | record with the court in a sealed envelope.
|
| |||||||
| |||||||
1 | (b) Presentence reports shall be open for inspection only | ||||||
2 | as follows:
| ||||||
3 | (1) to the sentencing court;
| ||||||
4 | (2) to the state's attorney and the defendant's | ||||||
5 | attorney at least 3 days
prior to the imposition of | ||||||
6 | sentence, unless such 3 day requirement is waived;
| ||||||
7 | (3) to an appellate court in which the conviction or | ||||||
8 | sentence is subject
to review;
| ||||||
9 | (4) to any department, agency or institution to which | ||||||
10 | the defendant is
committed;
| ||||||
11 | (5) to any probation department of whom courtesy | ||||||
12 | probation is requested;
| ||||||
13 | (6) to any probation department assigned by a court of | ||||||
14 | lawful
jurisdiction to conduct a presentence report;
| ||||||
15 | (7) to any other person only as ordered by the court; | ||||||
16 | and
| ||||||
17 | (8) to any mental health professional on behalf of the | ||||||
18 | Illinois
Department
of Corrections or the Department of | ||||||
19 | Human Services or to a prosecutor who is
evaluating or | ||||||
20 | investigating a potential or actual petition brought under
| ||||||
21 | the Sexually Violent Persons Commitment Act relating to a | ||||||
22 | person who is the
subject of
a
presentence report or the | ||||||
23 | respondent to a petition brought under the
Sexually Violent | ||||||
24 | Persons Commitment Act who is the subject of the | ||||||
25 | presentence
report sought.
Any records and any information | ||||||
26 | obtained from those records under this
paragraph (8) may be |
| |||||||
| |||||||
1 | used only in sexually violent persons commitment
| ||||||
2 | proceedings.
| ||||||
3 | (c) Presentence reports shall be filed of record with the | ||||||
4 | court within
60 days of a verdict or finding of guilty for any | ||||||
5 | offense involving an
illegal sexual act perpetrated upon a | ||||||
6 | victim, including but not limited to
offenses for violations of | ||||||
7 | Article 12 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 , or any offense determined by the court or the probation | ||||||
9 | department to be sexually motivated, as defined in the Sex | ||||||
10 | Offender Management Board Act.
| ||||||
11 | (d) A complaint, information or indictment shall not be | ||||||
12 | quashed or
dismissed nor shall any person in custody for an | ||||||
13 | offense be discharged from
custody because of noncompliance | ||||||
14 | with subsection (c) of this Section.
| ||||||
15 | (Source: P.A. 92-415, eff. 8-17-01; 93-970, eff. 8-20-04.)
| ||||||
16 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
17 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
18 | (a) Except when the death penalty is
sought under hearing | ||||||
19 | procedures otherwise specified, after a
determination of | ||||||
20 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
21 | prior to the imposition of sentence on an individual being
| ||||||
22 | sentenced for an offense based upon a charge for a violation of | ||||||
23 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
24 | provision of a local
ordinance, the individual must undergo a | ||||||
25 | professional evaluation to
determine if an alcohol or other |
| |||||||
| |||||||
1 | drug abuse problem exists and the extent
of such a problem. | ||||||
2 | Programs conducting these evaluations shall be
licensed by the | ||||||
3 | Department of Human Services. However, if the individual is
not | ||||||
4 | a resident of Illinois, the court
may, in its discretion, | ||||||
5 | accept an evaluation from a program in the state of
such | ||||||
6 | individual's residence. The court may in its sentencing order | ||||||
7 | approve an
eligible defendant for placement in a Department of | ||||||
8 | Corrections impact
incarceration program as provided in | ||||||
9 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
10 | order recommend a defendant for placement in a Department of | ||||||
11 | Corrections substance abuse treatment program as provided in | ||||||
12 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
13 | upon the defendant being accepted in a program by the | ||||||
14 | Department of Corrections. At the
hearing the court
shall:
| ||||||
15 | (1) consider the evidence, if any, received upon the | ||||||
16 | trial;
| ||||||
17 | (2) consider any presentence reports;
| ||||||
18 | (3) consider the financial impact of incarceration | ||||||
19 | based on the
financial impact statement filed with the | ||||||
20 | clerk of the court by the
Department of Corrections;
| ||||||
21 | (4) consider evidence and information offered by the | ||||||
22 | parties in
aggravation and mitigation; | ||||||
23 | (4.5) consider substance abuse treatment, eligibility | ||||||
24 | screening, and an assessment, if any, of the defendant by | ||||||
25 | an agent designated by the State of Illinois to provide | ||||||
26 | assessment services for the Illinois courts;
|
| |||||||
| |||||||
1 | (5) hear arguments as to sentencing alternatives;
| ||||||
2 | (6) afford the defendant the opportunity to make a | ||||||
3 | statement in his
own behalf;
| ||||||
4 | (7) afford the victim of a violent crime or a violation | ||||||
5 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
6 | similar provision of a local
ordinance, or a qualified | ||||||
7 | individual affected by: (i) a violation of Section
405, | ||||||
8 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
9 | Act or a violation of Section 55 or Section 65 of the | ||||||
10 | Methamphetamine Control and Community Protection Act,
or | ||||||
11 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
12 | except as described in subdivisions (a)(2)(A) and | ||||||
13 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||||||
15 | committed by the defendant the opportunity to make a | ||||||
16 | statement
concerning the impact on the victim and to offer | ||||||
17 | evidence in aggravation or
mitigation; provided that the | ||||||
18 | statement and evidence offered in aggravation
or | ||||||
19 | mitigation must first be prepared in writing in conjunction | ||||||
20 | with the
State's Attorney before it may be presented orally | ||||||
21 | at the hearing. Any
sworn testimony offered by the victim | ||||||
22 | is subject to the defendant's right
to cross-examine. All | ||||||
23 | statements and evidence offered under this paragraph
(7) | ||||||
24 | shall become part of the record of the court. For the | ||||||
25 | purpose of this
paragraph (7), "qualified individual" | ||||||
26 | means any person who (i) lived or worked
within the |
| |||||||
| |||||||
1 | territorial jurisdiction where the offense took place when | ||||||
2 | the
offense took place;
and (ii) is familiar with various | ||||||
3 | public places within the territorial
jurisdiction where
| ||||||
4 | the offense took place when the offense took place. For the | ||||||
5 | purposes of
this paragraph (7), "qualified individual" | ||||||
6 | includes any peace officer,
or any member of any duly | ||||||
7 | organized State, county, or municipal peace unit
assigned | ||||||
8 | to the territorial jurisdiction where the offense took | ||||||
9 | place when the
offense took
place;
| ||||||
10 | (8) in cases of reckless homicide afford the victim's | ||||||
11 | spouse,
guardians, parents or other immediate family | ||||||
12 | members an opportunity to make
oral statements;
| ||||||
13 | (9) in cases involving a felony sex offense as defined | ||||||
14 | under the Sex
Offender
Management Board Act, consider the | ||||||
15 | results of the sex offender evaluation
conducted pursuant | ||||||
16 | to Section 5-3-2 of this Act; and
| ||||||
17 | (10) make a finding of whether a motor vehicle was used | ||||||
18 | in the commission of the offense for which the defendant is | ||||||
19 | being sentenced. | ||||||
20 | (b) All sentences shall be imposed by the judge based upon | ||||||
21 | his
independent assessment of the elements specified above and | ||||||
22 | any agreement
as to sentence reached by the parties. The judge | ||||||
23 | who presided at the
trial or the judge who accepted the plea of | ||||||
24 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
25 | as a judge in that court. Where
the judge does not impose | ||||||
26 | sentence at the same time on all defendants
who are convicted |
| |||||||
| |||||||
1 | as a result of being involved in the same offense, the
| ||||||
2 | defendant or the State's Attorney may advise the sentencing | ||||||
3 | court of the
disposition of any other defendants who have been | ||||||
4 | sentenced.
| ||||||
5 | (c) In imposing a sentence for a violent crime or for an | ||||||
6 | offense of
operating or being in physical control of a vehicle | ||||||
7 | while under the
influence of alcohol, any other drug or any | ||||||
8 | combination thereof, or a
similar provision of a local | ||||||
9 | ordinance, when such offense resulted in the
personal injury to | ||||||
10 | someone other than the defendant, the trial judge shall
specify | ||||||
11 | on the record the particular evidence, information, factors in
| ||||||
12 | mitigation and aggravation or other reasons that led to his | ||||||
13 | sentencing
determination. The full verbatim record of the | ||||||
14 | sentencing hearing shall be
filed with the clerk of the court | ||||||
15 | and shall be a public record.
| ||||||
16 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
17 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
18 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
19 | firearm, or armed violence with a category I weapon
or category | ||||||
20 | II weapon,
the trial judge shall make a finding as to whether | ||||||
21 | the conduct leading to
conviction for the offense resulted in | ||||||
22 | great bodily harm to a victim, and
shall enter that finding and | ||||||
23 | the basis for that finding in the record.
| ||||||
24 | (c-2) If the defendant is sentenced to prison, other than | ||||||
25 | when a sentence of
natural life imprisonment or a sentence of | ||||||
26 | death is imposed, at the time
the sentence is imposed the judge |
| |||||||
| |||||||
1 | shall
state on the record in open court the approximate period | ||||||
2 | of time the defendant
will serve in custody according to the | ||||||
3 | then current statutory rules and
regulations for sentence | ||||||
4 | credit found in Section 3-6-3 and other related
provisions of | ||||||
5 | this Code. This statement is intended solely to inform the
| ||||||
6 | public, has no legal effect on the defendant's actual release, | ||||||
7 | and may not be
relied on by the defendant on appeal.
| ||||||
8 | The judge's statement, to be given after pronouncing the | ||||||
9 | sentence, other than
when the sentence is imposed for one of | ||||||
10 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
11 | shall include the following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois as | ||||||
16 | applied to this sentence by the Illinois Department of
| ||||||
17 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
18 | case, assuming the defendant
receives all of his or her | ||||||
19 | sentence credit, the period of estimated actual
custody is ... | ||||||
20 | years and ... months, less up to 180 days additional sentence | ||||||
21 | credit for good conduct. If the defendant, because of his or
| ||||||
22 | her own misconduct or failure to comply with the institutional | ||||||
23 | regulations,
does not receive those credits, the actual time | ||||||
24 | served in prison will be
longer. The defendant may also receive | ||||||
25 | an additional one-half day sentence
credit for each day of | ||||||
26 | participation in vocational, industry, substance abuse,
and |
| |||||||
| |||||||
1 | educational programs as provided for by Illinois statute."
| ||||||
2 | When the sentence is imposed for one of the offenses | ||||||
3 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
4 | when the sentence is imposed for one of the
offenses enumerated | ||||||
5 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
6 | 19, 1998, and other than when the sentence is imposed for
| ||||||
7 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
8 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | ||||||
9 | the offense was committed on or after January 1, 1999, and
| ||||||
10 | other than when the sentence is imposed for aggravated arson if | ||||||
11 | the offense was
committed on or after July 27, 2001 (the | ||||||
12 | effective date of Public Act
92-176), and
other than when the | ||||||
13 | sentence is imposed for aggravated driving under the influence | ||||||
14 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
15 | compounds, or any combination
thereof as defined in | ||||||
16 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
17 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
18 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
19 | judge's statement, to be given after pronouncing the sentence, | ||||||
20 | shall include
the following:
| ||||||
21 | "The purpose of this statement is to inform the public of | ||||||
22 | the actual period
of time this defendant is likely to spend in | ||||||
23 | prison as a result of this
sentence. The actual period of | ||||||
24 | prison time served is determined by the
statutes of Illinois as | ||||||
25 | applied to this sentence by the Illinois Department of
| ||||||
26 | Corrections and the Illinois Prisoner Review Board. In this |
| |||||||
| |||||||
1 | case,
assuming the defendant
receives all of his or her | ||||||
2 | sentence credit, the period of estimated actual
custody is ... | ||||||
3 | years and ... months, less up to 90 days additional sentence | ||||||
4 | credit for good conduct. If the defendant, because of his or
| ||||||
5 | her own misconduct or failure to comply with the institutional | ||||||
6 | regulations,
does not receive those credits, the actual time | ||||||
7 | served in prison will be
longer. The defendant may also receive | ||||||
8 | an additional one-half day sentence
credit for each day of | ||||||
9 | participation in vocational, industry, substance abuse,
and | ||||||
10 | educational programs as provided for by Illinois statute."
| ||||||
11 | When the sentence is imposed for one of the offenses | ||||||
12 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
13 | first degree murder, and the offense was
committed on or after | ||||||
14 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
15 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
16 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
17 | offense was committed on or after January 1, 1999,
and when the | ||||||
18 | sentence is imposed for aggravated driving under the influence
| ||||||
19 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or
any combination thereof as defined in | ||||||
21 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
22 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
23 | imposed for aggravated arson if the offense was committed
on or | ||||||
24 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
25 | and when
the sentence is imposed for aggravated driving under | ||||||
26 | the influence of alcohol,
other drug or drugs, or intoxicating |
| |||||||
| |||||||
1 | compound or compounds, or any combination
thereof as defined in | ||||||
2 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
3 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
4 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
5 | judge's
statement, to be given after pronouncing the sentence, | ||||||
6 | shall include the
following:
| ||||||
7 | "The purpose of this statement is to inform the public of | ||||||
8 | the actual period
of time this defendant is likely to spend in | ||||||
9 | prison as a result of this
sentence. The actual period of | ||||||
10 | prison time served is determined by the
statutes of Illinois as | ||||||
11 | applied to this sentence by the Illinois Department of
| ||||||
12 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
13 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
14 | sentence credit for
each month of his or her sentence of | ||||||
15 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
16 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
17 | days credit for each month of his or her sentence, the period
| ||||||
18 | of estimated actual custody is ... years and ... months. If the | ||||||
19 | defendant,
because of his or her own misconduct or failure to | ||||||
20 | comply with the
institutional regulations receives lesser | ||||||
21 | credit, the actual time served in
prison will be longer."
| ||||||
22 | When a sentence of imprisonment is imposed for first degree | ||||||
23 | murder and
the offense was committed on or after June 19, 1998, | ||||||
24 | the judge's statement,
to be given after pronouncing the | ||||||
25 | sentence, shall include the following:
| ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period
of time this defendant is likely to spend in | ||||||
2 | prison as a result of this
sentence. The actual period of | ||||||
3 | prison time served is determined by the
statutes of Illinois as | ||||||
4 | applied to this sentence by the Illinois Department
of | ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
6 | case, the
defendant is not entitled to sentence credit. | ||||||
7 | Therefore, this defendant
will serve 100% of his or her | ||||||
8 | sentence."
| ||||||
9 | When the sentencing order recommends placement in a | ||||||
10 | substance abuse program for any offense that results in | ||||||
11 | incarceration
in a Department of Corrections facility and the | ||||||
12 | crime was
committed on or after September 1, 2003 (the | ||||||
13 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
14 | addition to any other judge's statement required under this
| ||||||
15 | Section, to be given after pronouncing the sentence, shall | ||||||
16 | include the
following:
| ||||||
17 | "The purpose of this statement is to inform the public of
| ||||||
18 | the actual period of time this defendant is likely to spend in
| ||||||
19 | prison as a result of this sentence. The actual period of
| ||||||
20 | prison time served is determined by the statutes of Illinois as
| ||||||
21 | applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
23 | case, the defendant shall receive no sentence credit for good | ||||||
24 | conduct under clause (3) of subsection (a) of Section 3-6-3 | ||||||
25 | until he or
she participates in and completes a substance abuse | ||||||
26 | treatment program or receives a waiver from the Director of |
| |||||||
| |||||||
1 | Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
2 | Section 3-6-3."
| ||||||
3 | (c-4) Before the sentencing hearing and as part of the | ||||||
4 | presentence investigation under Section 5-3-1, the court shall | ||||||
5 | inquire of the defendant whether the defendant is currently | ||||||
6 | serving in or is a veteran of the Armed Forces of the United | ||||||
7 | States.
If the defendant is currently serving in the Armed | ||||||
8 | Forces of the United States or is a veteran of the Armed Forces | ||||||
9 | of the United States and has been diagnosed as having a mental | ||||||
10 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
11 | physician, the court may: | ||||||
12 | (1) order that the officer preparing the presentence | ||||||
13 | report consult with the United States Department of | ||||||
14 | Veterans Affairs, Illinois Department of Veterans' | ||||||
15 | Affairs, or another agency or person with suitable | ||||||
16 | knowledge or experience for the purpose of providing the | ||||||
17 | court with information regarding treatment options | ||||||
18 | available to the defendant, including federal, State, and | ||||||
19 | local programming; and | ||||||
20 | (2) consider the treatment recommendations of any | ||||||
21 | diagnosing or treating mental health professionals | ||||||
22 | together with the treatment options available to the | ||||||
23 | defendant in imposing sentence. | ||||||
24 | For the purposes of this subsection (c-4), "qualified | ||||||
25 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
26 | to practice medicine in all its branches, who has specialized |
| |||||||
| |||||||
1 | in the diagnosis and treatment of mental and nervous disorders | ||||||
2 | for a period of not less than 5 years. | ||||||
3 | (c-6) In imposing a sentence, the trial judge shall | ||||||
4 | specify, on the record, the particular evidence and other | ||||||
5 | reasons which led to his or her determination that a motor | ||||||
6 | vehicle was used in the commission of the offense. | ||||||
7 | (d) When the defendant is committed to the Department of
| ||||||
8 | Corrections, the State's Attorney shall and counsel for the | ||||||
9 | defendant
may file a statement with the clerk of the court to | ||||||
10 | be transmitted to
the department, agency or institution to | ||||||
11 | which the defendant is
committed to furnish such department, | ||||||
12 | agency or institution with the
facts and circumstances of the | ||||||
13 | offense for which the person was
committed together with all | ||||||
14 | other factual information accessible to them
in regard to the | ||||||
15 | person prior to his commitment relative to his habits,
| ||||||
16 | associates, disposition and reputation and any other facts and
| ||||||
17 | circumstances which may aid such department, agency or | ||||||
18 | institution
during its custody of such person. The clerk shall | ||||||
19 | within 10 days after
receiving any such statements transmit a | ||||||
20 | copy to such department, agency
or institution and a copy to | ||||||
21 | the other party, provided, however, that
this shall not be | ||||||
22 | cause for delay in conveying the person to the
department, | ||||||
23 | agency or institution to which he has been committed.
| ||||||
24 | (e) The clerk of the court shall transmit to the | ||||||
25 | department,
agency or institution, if any, to which the | ||||||
26 | defendant is committed, the
following:
|
| |||||||
| |||||||
1 | (1) the sentence imposed;
| ||||||
2 | (2) any statement by the court of the basis for | ||||||
3 | imposing the sentence;
| ||||||
4 | (3) any presentence reports;
| ||||||
5 | (3.5) any sex offender evaluations;
| ||||||
6 | (3.6) any substance abuse treatment eligibility | ||||||
7 | screening and assessment of the defendant by an agent | ||||||
8 | designated by the State of Illinois to provide assessment | ||||||
9 | services for the Illinois courts;
| ||||||
10 | (4) the number of days, if any, which the defendant has | ||||||
11 | been in
custody and for which he is entitled to credit | ||||||
12 | against the sentence,
which information shall be provided | ||||||
13 | to the clerk by the sheriff;
| ||||||
14 | (4.1) any finding of great bodily harm made by the | ||||||
15 | court with respect
to an offense enumerated in subsection | ||||||
16 | (c-1);
| ||||||
17 | (5) all statements filed under subsection (d) of this | ||||||
18 | Section;
| ||||||
19 | (6) any medical or mental health records or summaries | ||||||
20 | of the defendant;
| ||||||
21 | (7) the municipality where the arrest of the offender | ||||||
22 | or the commission
of the offense has occurred, where such | ||||||
23 | municipality has a population of
more than 25,000 persons;
| ||||||
24 | (8) all statements made and evidence offered under | ||||||
25 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
26 | (9) all additional matters which the court directs the |
| |||||||
| |||||||
1 | clerk to
transmit.
| ||||||
2 | (f) In cases in which the court finds that a motor vehicle | ||||||
3 | was used in the commission of the offense for which the | ||||||
4 | defendant is being sentenced, the clerk of the court shall, | ||||||
5 | within 5 days thereafter, forward a report of such conviction | ||||||
6 | to the Secretary of State. | ||||||
7 | (Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; | ||||||
8 | 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||||||
9 | 8-12-11; 97-697, eff. 6-22-12.)
| ||||||
10 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
11 | Sec. 5-4-3. Specimens;
genetic marker groups. | ||||||
12 | (a) Any person convicted of, found guilty under the | ||||||
13 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
14 | of court supervision for, a qualifying
offense or attempt of a | ||||||
15 | qualifying offense, convicted or found guilty of any
offense | ||||||
16 | classified as a felony under Illinois law, convicted or found | ||||||
17 | guilty of any offense requiring registration under the Sex | ||||||
18 | Offender Registration Act, found guilty or given
supervision | ||||||
19 | for any offense classified as a felony under the Juvenile Court | ||||||
20 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
21 | Court Act of 1987, any offense requiring registration under the | ||||||
22 | Sex Offender Registration Act, or institutionalized as a | ||||||
23 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
24 | Act, or committed as a sexually violent person under the
| ||||||
25 | Sexually Violent Persons Commitment Act shall, regardless of |
| |||||||
| |||||||
1 | the sentence or
disposition imposed, be required to submit | ||||||
2 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
3 | Department of State Police in accordance with the
provisions of | ||||||
4 | this Section, provided such person is:
| ||||||
5 | (1) convicted of a qualifying offense or attempt of a | ||||||
6 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
7 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
8 | probation, conditional discharge or any other form of | ||||||
9 | sentence, or given a
disposition of court supervision for | ||||||
10 | the offense;
| ||||||
11 | (1.5) found guilty or given supervision under the | ||||||
12 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
13 | attempt of a qualifying offense on or after
January 1, | ||||||
14 | 1997;
| ||||||
15 | (2) ordered institutionalized as a sexually dangerous | ||||||
16 | person on or after
July 1, 1990;
| ||||||
17 | (3) convicted of a qualifying offense or attempt of a | ||||||
18 | qualifying offense
before July 1, 1990
and is presently | ||||||
19 | confined as a result of such conviction in any State
| ||||||
20 | correctional facility or county jail or is presently | ||||||
21 | serving a sentence of
probation, conditional discharge or | ||||||
22 | periodic imprisonment as a result of such
conviction;
| ||||||
23 | (3.5) convicted or found guilty of any offense | ||||||
24 | classified as a felony
under Illinois law or found guilty | ||||||
25 | or given supervision for such an offense
under the Juvenile | ||||||
26 | Court Act of 1987 on or after August 22, 2002;
|
| |||||||
| |||||||
1 | (4) presently institutionalized as a sexually | ||||||
2 | dangerous person or
presently institutionalized as a | ||||||
3 | person found guilty but mentally ill of a
sexual offense or | ||||||
4 | attempt to commit a sexual offense; or
| ||||||
5 | (4.5) ordered committed as a sexually violent person on | ||||||
6 | or after the
effective date of the Sexually Violent Persons | ||||||
7 | Commitment Act.
| ||||||
8 | (a-1) Any person incarcerated in
a facility of the Illinois | ||||||
9 | Department of Corrections or the Illinois Department of | ||||||
10 | Juvenile Justice on or after August 22,
2002, whether for a | ||||||
11 | term of years, natural life, or a sentence of death, who has | ||||||
12 | not yet submitted a specimen of blood, saliva, or tissue shall | ||||||
13 | be required to submit a specimen of blood, saliva, or tissue
| ||||||
14 | prior to his or her final discharge, or release on parole or | ||||||
15 | mandatory
supervised release, as a
condition of his or her | ||||||
16 | parole or mandatory supervised release, or within 6 months from | ||||||
17 | August 13, 2009 (the effective date of Public Act 96-426), | ||||||
18 | whichever is sooner. A person incarcerated on or after August | ||||||
19 | 13, 2009 (the effective date of Public Act 96-426) shall be | ||||||
20 | required to submit a specimen within 45 days of incarceration, | ||||||
21 | or prior to his or her final discharge, or release on parole or | ||||||
22 | mandatory supervised release, as a condition of his or her | ||||||
23 | parole or mandatory supervised release, whichever is sooner. | ||||||
24 | These specimens shall be placed into the State or national DNA | ||||||
25 | database, to be used in accordance with other provisions of | ||||||
26 | this Section, by the Illinois State Police.
|
| |||||||
| |||||||
1 | (a-2) Any person sentenced to life imprisonment in a | ||||||
2 | facility of the Illinois Department of Corrections after the | ||||||
3 | effective date of this amendatory Act of the 94th General | ||||||
4 | Assembly or sentenced to death after the effective date of this | ||||||
5 | amendatory Act of the 94th General Assembly shall be required | ||||||
6 | to provide a specimen of blood, saliva, or tissue within 45 | ||||||
7 | days after sentencing or disposition at a collection site | ||||||
8 | designated by the Illinois Department of State Police. Any | ||||||
9 | person serving a sentence of life imprisonment in a facility of | ||||||
10 | the Illinois Department of Corrections on the effective date of | ||||||
11 | this amendatory Act of the 94th General Assembly or any person | ||||||
12 | who is under a sentence of death on the effective date of this | ||||||
13 | amendatory Act of the 94th General Assembly shall be required | ||||||
14 | to provide a specimen of blood, saliva, or tissue upon request | ||||||
15 | at a collection site designated by the Illinois Department of | ||||||
16 | State Police.
| ||||||
17 | (a-3) Any person seeking transfer to or residency in | ||||||
18 | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | ||||||
19 | Code, the Interstate Compact
for Adult Offender Supervision, or | ||||||
20 | the Interstate Agreements on Sexually
Dangerous Persons Act | ||||||
21 | shall be required to provide a specimen of blood, saliva, or | ||||||
22 | tissue within 45 days after transfer to or residency in | ||||||
23 | Illinois at a collection site designated by the Illinois | ||||||
24 | Department of State Police. | ||||||
25 | (a-3.1) Any person required by an order of the court to | ||||||
26 | submit a DNA specimen shall be required to provide a specimen |
| |||||||
| |||||||
1 | of blood, saliva, or tissue within 45 days after the court | ||||||
2 | order at a collection site designated by the Illinois | ||||||
3 | Department of State Police. | ||||||
4 | (a-3.2) On or after January 1, 2012 (the effective date of | ||||||
5 | Public Act 97-383), any person arrested for any of the | ||||||
6 | following offenses, after an indictment has been returned by a | ||||||
7 | grand jury, or following a hearing pursuant to Section 109-3 of | ||||||
8 | the Code of Criminal Procedure of 1963 and a judge finds there | ||||||
9 | is probable cause to believe the arrestee has committed one of | ||||||
10 | the designated offenses, or an arrestee has waived a | ||||||
11 | preliminary hearing shall be required to provide a specimen of | ||||||
12 | blood, saliva, or tissue within 14 days after such indictment | ||||||
13 | or hearing at a collection site designated by the Illinois | ||||||
14 | Department of State Police: | ||||||
15 | (A) first degree murder; | ||||||
16 | (B) home invasion; | ||||||
17 | (C) predatory criminal sexual assault
of a child; | ||||||
18 | (D) aggravated criminal sexual assault; or | ||||||
19 | (E) criminal sexual assault. | ||||||
20 | (a-3.3) Any person required to register as a sex offender | ||||||
21 | under the Sex Offender Registration Act, regardless of the date | ||||||
22 | of conviction as set forth in subsection (c-5.2) shall be | ||||||
23 | required to provide a specimen of blood, saliva, or tissue | ||||||
24 | within the time period prescribed in subsection (c-5.2) at a | ||||||
25 | collection site designated by the Illinois Department of State | ||||||
26 | Police. |
| |||||||
| |||||||
1 | (a-5) Any person who was otherwise convicted of or received | ||||||
2 | a disposition
of court supervision for any other offense under | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012 or
who | ||||||
4 | was found guilty or given supervision for such a violation | ||||||
5 | under the
Juvenile Court Act of 1987, may, regardless of the | ||||||
6 | sentence imposed, be
required by an order of the court to | ||||||
7 | submit specimens of blood, saliva, or
tissue to the Illinois | ||||||
8 | Department of State Police in accordance with the
provisions of | ||||||
9 | this Section.
| ||||||
10 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
11 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
12 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
13 | tissue within 45 days after sentencing or
disposition at a | ||||||
14 | collection site designated by the Illinois Department of
State | ||||||
15 | Police.
| ||||||
16 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
17 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
18 | be required to provide
such specimens prior to final discharge | ||||||
19 | or within 6 months from August 13, 2009 (the effective date of | ||||||
20 | Public Act 96-426), whichever is sooner. These specimens shall | ||||||
21 | be placed into the State or national DNA database, to be used | ||||||
22 | in accordance with other provisions of this Act, by the | ||||||
23 | Illinois State Police.
| ||||||
24 | (c-5) Any person required by paragraph (a-3) to provide | ||||||
25 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
26 | required to provide the
specimens before being accepted for |
| |||||||
| |||||||
1 | conditioned residency in Illinois under
the interstate compact | ||||||
2 | or agreement, but no later than 45 days after arrival
in this | ||||||
3 | State.
| ||||||
4 | (c-5.2) Unless it is determined that a registered sex | ||||||
5 | offender has previously submitted a specimen of blood, saliva, | ||||||
6 | or tissue that has been placed into the State DNA database, a | ||||||
7 | person registering as a sex offender shall be required to | ||||||
8 | submit a specimen at the time of his or her initial | ||||||
9 | registration pursuant to the Sex Offender Registration Act or, | ||||||
10 | for a person registered as a sex offender on or prior to | ||||||
11 | January 1, 2012 (the effective date of Public Act 97-383), | ||||||
12 | within one year of January 1, 2012 (the effective date of | ||||||
13 | Public Act 97-383) or at the time of his or her next required | ||||||
14 | registration. | ||||||
15 | (c-6) The Illinois Department of State Police may determine | ||||||
16 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
17 | is acceptable for submission
to the Division of Forensic | ||||||
18 | Services for analysis. The Illinois Department of State Police | ||||||
19 | may require the submission of fingerprints from anyone required | ||||||
20 | to give a specimen under this Act.
| ||||||
21 | (d) The Illinois Department of State Police shall provide | ||||||
22 | all equipment
and instructions necessary for the collection of | ||||||
23 | blood specimens.
The collection of specimens shall be performed | ||||||
24 | in a medically approved
manner. Only a physician authorized to | ||||||
25 | practice medicine, a registered
nurse or other qualified person | ||||||
26 | trained in venipuncture may withdraw blood
for the purposes of |
| |||||||
| |||||||
1 | this Act. The specimens
shall thereafter be forwarded to the | ||||||
2 | Illinois Department of State Police,
Division of Forensic | ||||||
3 | Services, for analysis and
categorizing into genetic marker | ||||||
4 | groupings.
| ||||||
5 | (d-1) The Illinois Department of State Police shall provide | ||||||
6 | all equipment
and instructions necessary for the collection of | ||||||
7 | saliva specimens. The
collection of saliva specimens shall be | ||||||
8 | performed in a medically approved manner.
Only a person trained | ||||||
9 | in the instructions promulgated by the Illinois State
Police on | ||||||
10 | collecting saliva may collect saliva for the purposes of this
| ||||||
11 | Section. The specimens shall thereafter be forwarded to the | ||||||
12 | Illinois Department
of State Police, Division of Forensic | ||||||
13 | Services, for analysis and categorizing
into genetic marker | ||||||
14 | groupings.
| ||||||
15 | (d-2) The Illinois Department of State Police shall provide | ||||||
16 | all equipment
and instructions necessary for the collection of | ||||||
17 | tissue specimens. The
collection of tissue specimens shall be | ||||||
18 | performed in a medically approved
manner. Only a person trained | ||||||
19 | in the instructions promulgated by the Illinois
State Police on | ||||||
20 | collecting tissue may collect tissue for the purposes of this
| ||||||
21 | Section. The specimens shall thereafter be forwarded to the | ||||||
22 | Illinois Department
of State Police, Division of Forensic | ||||||
23 | Services, for analysis and categorizing
into genetic marker | ||||||
24 | groupings.
| ||||||
25 | (d-5) To the extent that funds are available, the Illinois | ||||||
26 | Department of
State Police shall contract with qualified |
| |||||||
| |||||||
1 | personnel and certified laboratories
for the collection, | ||||||
2 | analysis, and categorization of known specimens, except as | ||||||
3 | provided in subsection (n) of this Section.
| ||||||
4 | (d-6) Agencies designated by the Illinois Department of | ||||||
5 | State Police and
the Illinois Department of State Police may | ||||||
6 | contract with third parties to
provide for the collection or | ||||||
7 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
8 | tissue specimens, except as provided in subsection (n) of this | ||||||
9 | Section.
| ||||||
10 | (e) The genetic marker groupings shall be maintained by the | ||||||
11 | Illinois
Department of State Police, Division of Forensic | ||||||
12 | Services.
| ||||||
13 | (f) The genetic marker grouping analysis information | ||||||
14 | obtained pursuant
to this Act shall be confidential and shall | ||||||
15 | be released only to peace
officers of the United States, of | ||||||
16 | other states or territories, of the
insular possessions of the | ||||||
17 | United States, of foreign countries duly
authorized to receive | ||||||
18 | the same, to all peace officers of the State of
Illinois and to | ||||||
19 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
20 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
21 | genetic marker grouping analysis information obtained pursuant | ||||||
22 | to
this Act shall be used only for (i) valid law enforcement | ||||||
23 | identification
purposes and as required by the Federal Bureau | ||||||
24 | of Investigation for
participation in the National DNA | ||||||
25 | database, (ii) technology
validation
purposes, (iii) a | ||||||
26 | population statistics database, (iv) quality
assurance
|
| |||||||
| |||||||
1 | purposes if personally identifying information is removed,
(v) | ||||||
2 | assisting in the defense of the criminally accused pursuant
to
| ||||||
3 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
4 | (vi) identifying and assisting in the prosecution of a person | ||||||
5 | who is suspected of committing a sexual assault as defined in | ||||||
6 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
7 | Act. Notwithstanding
any other statutory provision to the | ||||||
8 | contrary,
all information obtained under this Section shall be | ||||||
9 | maintained in a single
State data base, which may be uploaded | ||||||
10 | into a national database, and which
information may be subject | ||||||
11 | to expungement only as set forth in subsection
(f-1).
| ||||||
12 | (f-1) Upon receipt of notification of a reversal of a | ||||||
13 | conviction based on
actual innocence, or of the granting of a | ||||||
14 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
15 | Constitution, if that pardon document specifically
states that | ||||||
16 | the reason for the pardon is the actual innocence of an | ||||||
17 | individual
whose DNA record has been stored in the State or | ||||||
18 | national DNA identification
index in accordance with this | ||||||
19 | Section by the Illinois Department of State
Police, the DNA | ||||||
20 | record shall be expunged from the DNA identification index, and
| ||||||
21 | the Department shall by rule prescribe procedures to ensure | ||||||
22 | that the record and
any specimens, analyses, or other documents | ||||||
23 | relating to such record, whether in
the possession of the | ||||||
24 | Department or any law enforcement or police agency, or
any | ||||||
25 | forensic DNA laboratory, including any duplicates or copies | ||||||
26 | thereof, are
destroyed and a letter is sent to the court |
| |||||||
| |||||||
1 | verifying the expungement is
completed. For specimens required | ||||||
2 | to be collected prior to conviction, unless the individual has | ||||||
3 | other charges or convictions that require submission of a | ||||||
4 | specimen, the DNA record for an individual shall be expunged | ||||||
5 | from the DNA identification databases and the specimen | ||||||
6 | destroyed upon receipt of a certified copy of a final court | ||||||
7 | order for each charge against an individual in which the charge | ||||||
8 | has been dismissed, resulted in acquittal, or that the charge | ||||||
9 | was not filed within the applicable time period. The Department | ||||||
10 | shall by rule prescribe procedures to ensure that the record | ||||||
11 | and any specimens in the possession or control of the | ||||||
12 | Department are destroyed and a letter is sent to the court | ||||||
13 | verifying the expungement is completed.
| ||||||
14 | (f-5) Any person who intentionally uses genetic marker | ||||||
15 | grouping analysis
information, or any other information | ||||||
16 | derived from a DNA specimen, beyond the
authorized uses as | ||||||
17 | provided under this Section, or any other Illinois law, is
| ||||||
18 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
19 | not less than
$5,000.
| ||||||
20 | (f-6) The Illinois Department of State Police may contract | ||||||
21 | with third
parties for the purposes of implementing this | ||||||
22 | amendatory Act of the 93rd
General Assembly, except as provided | ||||||
23 | in subsection (n) of this Section. Any other party contracting | ||||||
24 | to carry out the functions of
this Section shall be subject to | ||||||
25 | the same restrictions and requirements of this
Section insofar | ||||||
26 | as applicable, as the Illinois Department of State Police, and
|
| |||||||
| |||||||
1 | to any additional restrictions imposed by the Illinois | ||||||
2 | Department of State
Police.
| ||||||
3 | (g) For the purposes of this Section, "qualifying offense" | ||||||
4 | means any of
the following:
| ||||||
5 | (1) any violation or inchoate violation of Section | ||||||
6 | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | ||||||
7 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 ;
| ||||||
9 | (1.1) any violation or inchoate violation of Section | ||||||
10 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
11 | 18-4, 18-6, 19-1, or 19-2 , or 19-6 of the Criminal
Code of | ||||||
12 | 1961 or the Criminal Code of 2012 for which persons are | ||||||
13 | convicted on or after July 1, 2001;
| ||||||
14 | (2) any former statute of this State which defined a | ||||||
15 | felony sexual
offense;
| ||||||
16 | (3) (blank);
| ||||||
17 | (4) any inchoate violation of Section 9-3.1, 9-3.4, | ||||||
18 | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012 ; or
| ||||||
20 | (5) any violation or inchoate violation of Article 29D | ||||||
21 | of the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||||||
22 | (g-5) (Blank).
| ||||||
23 | (h) The Illinois Department of State Police shall be the | ||||||
24 | State central
repository for all genetic marker grouping | ||||||
25 | analysis information obtained
pursuant to this Act. The | ||||||
26 | Illinois Department of State Police may
promulgate rules for |
| |||||||
| |||||||
1 | the form and manner of the collection of blood, saliva,
or | ||||||
2 | tissue specimens and other procedures for the operation of this | ||||||
3 | Act. The
provisions of the Administrative Review Law shall | ||||||
4 | apply to all actions taken
under the rules so promulgated.
| ||||||
5 | (i) (1) A person required to provide a blood, saliva, or | ||||||
6 | tissue specimen
shall
cooperate with the collection of the | ||||||
7 | specimen and any deliberate act by
that person intended to | ||||||
8 | impede, delay or stop the collection of the blood,
saliva, | ||||||
9 | or tissue specimen is a Class 4 felony.
| ||||||
10 | (2) In the event that a person's DNA specimen is not | ||||||
11 | adequate for any
reason, the person shall provide another | ||||||
12 | DNA specimen for analysis. Duly
authorized law
enforcement | ||||||
13 | and corrections personnel may employ reasonable force in | ||||||
14 | cases in
which an individual refuses to provide a DNA | ||||||
15 | specimen required under this
Act.
| ||||||
16 | (j) Any person required by subsection (a), or any person | ||||||
17 | who was previously required by subsection (a-3.2), to submit | ||||||
18 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
19 | Department of State Police for analysis and categorization into
| ||||||
20 | genetic marker grouping, in addition to any other disposition, | ||||||
21 | penalty, or
fine imposed, shall pay an analysis fee of $250. If | ||||||
22 | the analysis fee is not
paid at the time of sentencing, the | ||||||
23 | court shall establish a fee schedule by
which the entire amount | ||||||
24 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
25 | exceed 24 months from the time of conviction. The inability to
| ||||||
26 | pay this analysis fee shall not be the sole ground to |
| |||||||
| |||||||
1 | incarcerate the person.
| ||||||
2 | (k) All analysis and categorization fees provided for by | ||||||
3 | subsection (j)
shall be regulated as follows:
| ||||||
4 | (1) The State Offender DNA Identification System Fund | ||||||
5 | is hereby created as
a special fund in the State Treasury.
| ||||||
6 | (2) All fees shall be collected by the clerk of the | ||||||
7 | court and forwarded to
the State Offender DNA | ||||||
8 | Identification System Fund for deposit. The
clerk of the | ||||||
9 | circuit court may retain the amount of $10 from each | ||||||
10 | collected
analysis fee to offset administrative costs | ||||||
11 | incurred in carrying out the
clerk's responsibilities | ||||||
12 | under this Section.
| ||||||
13 | (3) Fees deposited into the State Offender DNA | ||||||
14 | Identification System Fund
shall be used by Illinois State | ||||||
15 | Police crime laboratories as designated by the
Director of | ||||||
16 | State Police. These funds shall be in addition to any | ||||||
17 | allocations
made pursuant to existing laws and shall be | ||||||
18 | designated for the exclusive use of
State crime | ||||||
19 | laboratories. These uses may include, but are not limited | ||||||
20 | to, the
following:
| ||||||
21 | (A) Costs incurred in providing analysis and | ||||||
22 | genetic marker
categorization as required by | ||||||
23 | subsection (d).
| ||||||
24 | (B) Costs incurred in maintaining genetic marker | ||||||
25 | groupings as required
by subsection (e).
| ||||||
26 | (C) Costs incurred in the purchase and maintenance |
| |||||||
| |||||||
1 | of equipment for use
in performing analyses.
| ||||||
2 | (D) Costs incurred in continuing research and | ||||||
3 | development of new
techniques for analysis and genetic | ||||||
4 | marker categorization.
| ||||||
5 | (E) Costs incurred in continuing education, | ||||||
6 | training, and professional
development of forensic | ||||||
7 | scientists regularly employed by these laboratories.
| ||||||
8 | (l) The failure of a person to provide a specimen, or of | ||||||
9 | any person or
agency to collect a specimen, shall in no way | ||||||
10 | alter
the obligation of the person to submit such specimen, or | ||||||
11 | the authority of the
Illinois Department of State Police or | ||||||
12 | persons designated by the Department to
collect the specimen, | ||||||
13 | or the authority of the Illinois Department of State
Police to | ||||||
14 | accept, analyze and maintain the specimen or to maintain or | ||||||
15 | upload
results of genetic marker grouping analysis information | ||||||
16 | into a State or
national database.
| ||||||
17 | (m) If any provision of this amendatory Act of the 93rd | ||||||
18 | General Assembly
is
held unconstitutional or otherwise | ||||||
19 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
20 | General Assembly is not affected.
| ||||||
21 | (n) Neither the Department of State Police, the Division of | ||||||
22 | Forensic Services, nor any laboratory of the Division of | ||||||
23 | Forensic Services may contract out forensic testing for the | ||||||
24 | purpose of an active investigation or a matter pending before a | ||||||
25 | court of competent jurisdiction without the written consent of | ||||||
26 | the prosecuting agency. For the purposes of this subsection |
| |||||||
| |||||||
1 | (n), "forensic testing" includes the analysis of physical | ||||||
2 | evidence in an investigation or other proceeding for the | ||||||
3 | prosecution of a violation of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 or for matters adjudicated under the | ||||||
5 | Juvenile Court Act of 1987, and includes the use of forensic | ||||||
6 | databases and databanks, including DNA, firearm, and | ||||||
7 | fingerprint databases, and expert testimony. | ||||||
8 | (o) Mistake does not invalidate a database match. The | ||||||
9 | detention, arrest, or conviction of a person based upon a | ||||||
10 | database match or database information is not invalidated if it | ||||||
11 | is determined that the specimen was obtained or placed in the | ||||||
12 | database by mistake. | ||||||
13 | (p) This Section may be referred to as the Illinois DNA | ||||||
14 | Database Law of 2011. | ||||||
15 | (Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | ||||||
16 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-383, eff. | ||||||
17 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
18 | (730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
| ||||||
19 | Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
| ||||||
20 | (a) Except for good cause shown by written motion, any | ||||||
21 | person adjudged
guilty of any offense involving an illegal | ||||||
22 | sexual act perpetrated upon a
victim, including but not limited | ||||||
23 | to offenses for violations of Article 12
of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012 , or any offense determined | ||||||
25 | by the court or the probation department to be sexually |
| |||||||
| |||||||
1 | motivated, as defined in the Sex Offender Management Board Act, | ||||||
2 | shall be sentenced within 65 days of a
verdict or finding of | ||||||
3 | guilt for the offense.
| ||||||
4 | (b) The court shall set the sentencing date at the time the | ||||||
5 | verdict or
finding of guilt is entered by the court.
| ||||||
6 | (c) Any motion for continuance shall be in writing and | ||||||
7 | supported by
affidavit and in compliance with Section 114-4 of | ||||||
8 | the Code of Criminal
Procedure of 1963, and the victim shall be | ||||||
9 | notified of the date and time of
hearing and shall be provided | ||||||
10 | an opportunity to address the court on the
impact the | ||||||
11 | continuance may have on the victim's well-being.
| ||||||
12 | (d) A complaint, information or indictment shall not be | ||||||
13 | quashed or
dismissed, nor shall any person in custody for an | ||||||
14 | offense be discharged
from custody because of non-compliance | ||||||
15 | with this Section.
| ||||||
16 | (Source: P.A. 93-970, eff. 8-20-04.)
| ||||||
17 | (730 ILCS 5/5-4-3.2) | ||||||
18 | Sec. 5-4-3.2. Collection and storage of Internet protocol | ||||||
19 | addresses. | ||||||
20 | (a) Cyber-crimes Location Database. The Attorney General | ||||||
21 | is hereby authorized to establish and maintain the "Illinois | ||||||
22 | Cyber-crimes Location Database" (ICLD) to collect, store, and | ||||||
23 | use Internet protocol (IP) addresses for purposes of | ||||||
24 | investigating and prosecuting child exploitation crimes on the | ||||||
25 | Internet. |
| |||||||
| |||||||
1 | (b) "Internet protocol address" means the string of numbers | ||||||
2 | by which a location on the Internet is identified by routers or | ||||||
3 | other computers connected to the Internet. | ||||||
4 | (c) Collection of Internet Protocol addresses. | ||||||
5 | (1) Collection upon commitment under the Sexually | ||||||
6 | Dangerous Persons Act. Upon motion for a defendant's | ||||||
7 | confinement under the Sexually Dangerous Persons Act for | ||||||
8 | criminal charges under Section 11-6, 11-20.1, 11-20.1B, | ||||||
9 | 11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 , the State's Attorney or Attorney | ||||||
11 | General shall record all Internet protocol (IP) addresses | ||||||
12 | which the defendant may access from his or her residence or | ||||||
13 | place of employment, registered in his or her name, or | ||||||
14 | otherwise has under his or her control or custody. | ||||||
15 | (2) Collection upon conviction. Upon conviction for | ||||||
16 | crimes under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
17 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012 , a State's Attorney shall record from defendants all | ||||||
19 | Internet protocol (IP) addresses which the defendant may | ||||||
20 | access from his or her residence or place of employment, | ||||||
21 | registered in his or her name, or otherwise has under his | ||||||
22 | or her control or custody, regardless of the sentence or | ||||||
23 | disposition imposed.
| ||||||
24 | (d) Storage and use of the Database. Internet protocol (IP) | ||||||
25 | addresses recorded pursuant to this Section shall be submitted | ||||||
26 | to the Attorney General for storage and use in the Illinois |
| |||||||
| |||||||
1 | Cyber-crimes Location Database. The Attorney General and its | ||||||
2 | designated agents may access the database for the purpose of | ||||||
3 | investigation and prosecution of crimes listed in this Section. | ||||||
4 | In addition, the Attorney General is authorized to share | ||||||
5 | information stored in the database with the National Center for | ||||||
6 | Missing and Exploited Children (NCMEC) and any federal, state, | ||||||
7 | or local law enforcement agencies for the investigation or | ||||||
8 | prosecution of child exploitation crimes.
| ||||||
9 | (Source: P.A. 95-579, eff. 8-31-07; 96-1551, eff. 7-1-11 .) | ||||||
10 | (730 ILCS 5/5-4.5-20) | ||||||
11 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
12 | degree murder: | ||||||
13 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
14 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
16 | Imprisonment shall be for a determinate term of (1) not less | ||||||
17 | than 20 years and not more than 60 years; (2) not less than 60 | ||||||
18 | years and not more than 100 years when an extended term is | ||||||
19 | imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | ||||||
20 | life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
21 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
22 | shall not be imposed.
| ||||||
23 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
24 | or the county impact incarceration program is not an authorized | ||||||
25 | disposition.
|
| |||||||
| |||||||
1 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
2 | probation or conditional discharge shall not be imposed.
| ||||||
3 | (e) FINE. Fines may be imposed as provided in Section | ||||||
4 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
5 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
6 | concerning restitution.
| ||||||
7 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
8 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
9 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
10 | (h) DRUG COURT. Drug court is not an authorized | ||||||
11 | disposition.
| ||||||
12 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
13 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
14 | detention prior to judgment.
| ||||||
15 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
16 | for rules and regulations for sentence credit.
| ||||||
17 | (k) ELECTRONIC HOME DETENTION. Electronic home detention | ||||||
18 | is not an authorized disposition, except in limited | ||||||
19 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
20 | 5/5-8A-3).
| ||||||
21 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
22 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
23 | mandatory supervised release term shall be 3 years upon release | ||||||
24 | from imprisonment.
| ||||||
25 | (Source: P.A. 97-697, eff. 6-22-12.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
2 | Sec. 5-5-3. Disposition.
| ||||||
3 | (a) (Blank).
| ||||||
4 | (b) (Blank).
| ||||||
5 | (c) (1) (Blank).
| ||||||
6 | (2) A period of probation, a term of periodic | ||||||
7 | imprisonment or
conditional discharge shall not be imposed | ||||||
8 | for the following offenses.
The court shall sentence the | ||||||
9 | offender to not less than the minimum term
of imprisonment | ||||||
10 | set forth in this Code for the following offenses, and
may | ||||||
11 | order a fine or restitution or both in conjunction with | ||||||
12 | such term of
imprisonment:
| ||||||
13 | (A) First degree murder where the death penalty is | ||||||
14 | not imposed.
| ||||||
15 | (B) Attempted first degree murder.
| ||||||
16 | (C) A Class X felony.
| ||||||
17 | (D) A violation of Section 401.1 or 407 of the
| ||||||
18 | Illinois Controlled Substances Act, or a violation of | ||||||
19 | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | ||||||
20 | Act which relates to more than 5 grams of a substance
| ||||||
21 | containing cocaine, fentanyl, or an analog thereof.
| ||||||
22 | (D-5) A violation of subdivision (c)(1) of
Section | ||||||
23 | 401 of the Illinois Controlled Substances Act which | ||||||
24 | relates to 3 or more grams of a substance
containing | ||||||
25 | heroin or an analog thereof.
| ||||||
26 | (E) A violation of Section 5.1 or 9 of the Cannabis |
| |||||||
| |||||||
1 | Control
Act.
| ||||||
2 | (F) A Class 2 or greater felony if the offender had | ||||||
3 | been convicted
of a Class 2 or greater felony, | ||||||
4 | including any state or federal conviction for an | ||||||
5 | offense that contained, at the time it was committed, | ||||||
6 | the same elements as an offense now (the date of the | ||||||
7 | offense committed after the prior Class 2 or greater | ||||||
8 | felony) classified as a Class 2 or greater felony, | ||||||
9 | within 10 years of the date on which the
offender
| ||||||
10 | committed the offense for which he or she is being | ||||||
11 | sentenced, except as
otherwise provided in Section | ||||||
12 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
13 | Dependency Act.
| ||||||
14 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
15 | 24-1.6 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012 for which imprisonment is prescribed in | ||||||
17 | those Sections.
| ||||||
18 | (G) Residential burglary, except as otherwise | ||||||
19 | provided in Section 40-10
of the Alcoholism and Other | ||||||
20 | Drug Abuse and Dependency Act.
| ||||||
21 | (H) Criminal sexual assault.
| ||||||
22 | (I) Aggravated battery of a senior citizen as | ||||||
23 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
24 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 .
| ||||||
26 | (J) A forcible felony if the offense was related to |
| |||||||
| |||||||
1 | the activities of an
organized gang.
| ||||||
2 | Before July 1, 1994, for the purposes of this | ||||||
3 | paragraph, "organized
gang" means an association of 5 | ||||||
4 | or more persons, with an established hierarchy,
that | ||||||
5 | encourages members of the association to perpetrate | ||||||
6 | crimes or provides
support to the members of the | ||||||
7 | association who do commit crimes.
| ||||||
8 | Beginning July 1, 1994, for the purposes of this | ||||||
9 | paragraph,
"organized gang" has the meaning ascribed | ||||||
10 | to it in Section 10 of the Illinois
Streetgang | ||||||
11 | Terrorism Omnibus Prevention Act.
| ||||||
12 | (K) Vehicular hijacking.
| ||||||
13 | (L) A second or subsequent conviction for the | ||||||
14 | offense of hate crime
when the underlying offense upon | ||||||
15 | which the hate crime is based is felony
aggravated
| ||||||
16 | assault or felony mob action.
| ||||||
17 | (M) A second or subsequent conviction for the | ||||||
18 | offense of institutional
vandalism if the damage to the | ||||||
19 | property exceeds $300.
| ||||||
20 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
21 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
22 | Identification Card Act.
| ||||||
23 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
25 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
26 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
2 | (Q) A violation of subsection (b) or (b-5) of | ||||||
3 | Section 20-1, Section 20-1.2 , or Section 20-1.3 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012 .
| ||||||
5 | (R) A violation of Section 24-3A of the Criminal | ||||||
6 | Code of
1961 or the Criminal Code of 2012 .
| ||||||
7 | (S) (Blank).
| ||||||
8 | (T) A second or subsequent violation of the | ||||||
9 | Methamphetamine Control and Community Protection Act.
| ||||||
10 | (U) A second or subsequent violation of Section | ||||||
11 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
12 | or her driver's license, permit, or privilege was | ||||||
13 | revoked because of a violation of Section 9-3 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
15 | relating to the offense of reckless homicide, or a | ||||||
16 | similar provision of a law of another state.
| ||||||
17 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
18 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
19 | of Section 11-20.3 of the Criminal Code of 1961 , or | ||||||
20 | paragraph (6) of subsection (a) of Section 11-20.1 of | ||||||
21 | the Criminal Code of 2012 when the victim is under 13 | ||||||
22 | years of age and the defendant has previously been | ||||||
23 | convicted under the laws of this State or any other | ||||||
24 | state of the offense of child pornography, aggravated | ||||||
25 | child pornography, aggravated criminal sexual abuse, | ||||||
26 | aggravated criminal sexual assault, predatory criminal |
| |||||||
| |||||||
1 | sexual assault of a child, or any of the offenses | ||||||
2 | formerly known as rape, deviate sexual assault, | ||||||
3 | indecent liberties with a child, or aggravated | ||||||
4 | indecent liberties with a child where the victim was | ||||||
5 | under the age of 18 years or an offense that is | ||||||
6 | substantially equivalent to those offenses . | ||||||
7 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012 .
| ||||||
9 | (X) A violation of subsection (a) of Section 31-1a | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012 . | ||||||
12 | (Y) A conviction for unlawful possession of a | ||||||
13 | firearm by a street gang member when the firearm was | ||||||
14 | loaded or contained firearm ammunition. | ||||||
15 | (Z) A Class 1 felony committed while he or she was | ||||||
16 | serving a term of probation or conditional discharge | ||||||
17 | for a felony. | ||||||
18 | (AA) Theft of property exceeding $500,000 and not | ||||||
19 | exceeding $1,000,000 in value. | ||||||
20 | (BB) Laundering of criminally derived property of | ||||||
21 | a value exceeding
$500,000. | ||||||
22 | (CC) Knowingly selling, offering for sale, holding | ||||||
23 | for sale, or using 2,000 or more counterfeit items or | ||||||
24 | counterfeit items having a retail value in the | ||||||
25 | aggregate of $500,000 or more. | ||||||
26 | (DD) A conviction for aggravated assault under |
| |||||||
| |||||||
1 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012 if | ||||||
3 | the firearm is aimed toward the person against whom the | ||||||
4 | firearm is being used.
| ||||||
5 | (3) (Blank).
| ||||||
6 | (4) A minimum term of imprisonment of not less than 10
| ||||||
7 | consecutive days or 30 days of community service shall be | ||||||
8 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
9 | of the Illinois Vehicle Code.
| ||||||
10 | (4.1) (Blank).
| ||||||
11 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
12 | of this subsection (c), a
minimum of
100 hours of community | ||||||
13 | service shall be imposed for a second violation of
Section | ||||||
14 | 6-303
of the Illinois Vehicle Code.
| ||||||
15 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
16 | hours of community
service, as determined by the court, | ||||||
17 | shall
be imposed for a second violation of subsection (c) | ||||||
18 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
19 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
20 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
21 | imprisonment of 30 days or 300 hours of community service, | ||||||
22 | as
determined by the court, shall
be imposed
for a third or | ||||||
23 | subsequent violation of Section 6-303 of the Illinois | ||||||
24 | Vehicle
Code.
| ||||||
25 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
26 | be imposed for a third violation of subsection (c) of
|
| |||||||
| |||||||
1 | Section 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 | ||||||
6 | Code.
| ||||||
7 | (4.7) A minimum term of imprisonment of not less than | ||||||
8 | 30 consecutive days, or 300 hours of community service, | ||||||
9 | shall be imposed for a violation of subsection (a-5) of | ||||||
10 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
11 | subsection (b-5) of that Section.
| ||||||
12 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
13 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
14 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
15 | of that Section. The person's driving privileges shall be | ||||||
16 | revoked for a period of not less than 5 years from the date | ||||||
17 | of his or her release from prison.
| ||||||
18 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
19 | and not more than 15 years shall be imposed for a third | ||||||
20 | violation of subsection (a-5) of Section 6-303 of the | ||||||
21 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
22 | that Section. The person's driving privileges shall be | ||||||
23 | revoked for the remainder of his or her life.
| ||||||
24 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
25 | shall be imposed, and the person shall be eligible for an | ||||||
26 | extended term sentence, for a fourth or subsequent |
| |||||||
| |||||||
1 | violation of subsection (a-5) of Section 6-303 of the | ||||||
2 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
3 | that Section. The person's driving privileges shall be | ||||||
4 | revoked for the remainder of his or her life.
| ||||||
5 | (5) The court may sentence a corporation or | ||||||
6 | unincorporated
association convicted of any offense to:
| ||||||
7 | (A) a period of conditional discharge;
| ||||||
8 | (B) a fine;
| ||||||
9 | (C) make restitution to the victim under Section | ||||||
10 | 5-5-6 of this Code.
| ||||||
11 | (5.1) In addition to any other penalties imposed, and | ||||||
12 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
13 | convicted of violating subsection (c) of Section 11-907 of | ||||||
14 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
15 | license, permit, or privileges
suspended for at least 90 | ||||||
16 | days but not more than one year, if the violation
resulted | ||||||
17 | in damage to the property of another person.
| ||||||
18 | (5.2) In addition to any other penalties imposed, and | ||||||
19 | except as provided in paragraph (5.3), a person convicted
| ||||||
20 | of violating subsection (c) of Section 11-907 of the | ||||||
21 | Illinois Vehicle Code
shall have his or her driver's | ||||||
22 | license, permit, or privileges suspended for at
least 180 | ||||||
23 | days but not more than 2 years, if the violation resulted | ||||||
24 | in injury
to
another person.
| ||||||
25 | (5.3) In addition to any other penalties imposed, a | ||||||
26 | person convicted of violating subsection (c) of Section
|
| |||||||
| |||||||
1 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
2 | driver's license,
permit, or privileges suspended for 2 | ||||||
3 | years, if the violation resulted in the
death of another | ||||||
4 | person.
| ||||||
5 | (5.4) In addition to any other penalties imposed, a | ||||||
6 | person convicted of violating Section 3-707 of the Illinois | ||||||
7 | Vehicle Code shall have his or her driver's license, | ||||||
8 | permit, or privileges suspended for 3 months and until he | ||||||
9 | or she has paid a reinstatement fee of $100. | ||||||
10 | (5.5) In addition to any other penalties imposed, a | ||||||
11 | person convicted of violating Section 3-707 of the Illinois | ||||||
12 | Vehicle Code during a period in which his or her driver's | ||||||
13 | license, permit, or privileges were suspended for a | ||||||
14 | previous violation of that Section shall have his or her | ||||||
15 | driver's license, permit, or privileges suspended for an | ||||||
16 | additional 6 months after the expiration of the original | ||||||
17 | 3-month suspension and until he or she has paid a | ||||||
18 | reinstatement fee of $100.
| ||||||
19 | (6) (Blank).
| ||||||
20 | (7) (Blank).
| ||||||
21 | (8) (Blank).
| ||||||
22 | (9) A defendant convicted of a second or subsequent | ||||||
23 | offense of ritualized
abuse of a child may be sentenced to | ||||||
24 | a term of natural life imprisonment.
| ||||||
25 | (10) (Blank).
| ||||||
26 | (11) The court shall impose a minimum fine of $1,000 |
| |||||||
| |||||||
1 | for a first offense
and $2,000 for a second or subsequent | ||||||
2 | offense upon a person convicted of or
placed on supervision | ||||||
3 | for battery when the individual harmed was a sports
| ||||||
4 | official or coach at any level of competition and the act | ||||||
5 | causing harm to the
sports
official or coach occurred | ||||||
6 | within an athletic facility or within the immediate | ||||||
7 | vicinity
of the athletic facility at which the sports | ||||||
8 | official or coach was an active
participant
of the athletic | ||||||
9 | contest held at the athletic facility. For the purposes of
| ||||||
10 | this paragraph (11), "sports official" means a person at an | ||||||
11 | athletic contest
who enforces the rules of the contest, | ||||||
12 | such as an umpire or referee; "athletic facility" means an | ||||||
13 | indoor or outdoor playing field or recreational area where | ||||||
14 | sports activities are conducted;
and "coach" means a person | ||||||
15 | recognized as a coach by the sanctioning
authority that | ||||||
16 | conducted the sporting event. | ||||||
17 | (12) A person may not receive a disposition of court | ||||||
18 | supervision for a
violation of Section 5-16 of the Boat | ||||||
19 | Registration and Safety Act if that
person has previously | ||||||
20 | received a disposition of court supervision for a
violation | ||||||
21 | of that Section.
| ||||||
22 | (13) A person convicted of or placed on court | ||||||
23 | supervision for an assault or aggravated assault when the | ||||||
24 | victim and the offender are family or household members as | ||||||
25 | defined in Section 103 of the Illinois Domestic Violence | ||||||
26 | Act of 1986 or convicted of domestic battery or aggravated |
| |||||||
| |||||||
1 | domestic battery may be required to attend a Partner Abuse | ||||||
2 | Intervention Program under protocols set forth by the | ||||||
3 | Illinois Department of Human Services under such terms and | ||||||
4 | conditions imposed by the court. The costs of such classes | ||||||
5 | shall be paid by the offender.
| ||||||
6 | (d) In any case in which a sentence originally imposed is | ||||||
7 | vacated,
the case shall be remanded to the trial court. The | ||||||
8 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
9 | Unified Code of Corrections
which may include evidence of the | ||||||
10 | defendant's life, moral character and
occupation during the | ||||||
11 | time since the original sentence was passed. The
trial court | ||||||
12 | shall then impose sentence upon the defendant. The trial
court | ||||||
13 | may impose any sentence which could have been imposed at the
| ||||||
14 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
15 | Corrections.
If a sentence is vacated on appeal or on | ||||||
16 | collateral attack due to the
failure of the trier of fact at | ||||||
17 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
18 | fact (other than a prior conviction) necessary to increase the
| ||||||
19 | punishment for the offense beyond the statutory maximum | ||||||
20 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
21 | to a term within the range otherwise
provided or, if the State | ||||||
22 | files notice of its intention to again seek the
extended | ||||||
23 | sentence, the defendant shall be afforded a new trial.
| ||||||
24 | (e) In cases where prosecution for
aggravated criminal | ||||||
25 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012 results in conviction |
| |||||||
| |||||||
1 | of a defendant
who was a family member of the victim at the | ||||||
2 | time of the commission of the
offense, the court shall consider | ||||||
3 | the safety and welfare of the victim and
may impose a sentence | ||||||
4 | of probation only where:
| ||||||
5 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
6 | (A) the defendant is willing to undergo a court | ||||||
7 | approved counseling
program for a minimum duration of 2 | ||||||
8 | years; or
| ||||||
9 | (B) the defendant is willing to participate in a | ||||||
10 | court approved plan
including but not limited to the | ||||||
11 | defendant's:
| ||||||
12 | (i) removal from the household;
| ||||||
13 | (ii) restricted contact with the victim;
| ||||||
14 | (iii) continued financial support of the | ||||||
15 | family;
| ||||||
16 | (iv) restitution for harm done to the victim; | ||||||
17 | and
| ||||||
18 | (v) compliance with any other measures that | ||||||
19 | the court may
deem appropriate; and
| ||||||
20 | (2) the court orders the defendant to pay for the | ||||||
21 | victim's counseling
services, to the extent that the court | ||||||
22 | finds, after considering the
defendant's income and | ||||||
23 | assets, that the defendant is financially capable of
paying | ||||||
24 | for such services, if the victim was under 18 years of age | ||||||
25 | at the
time the offense was committed and requires | ||||||
26 | counseling as a result of the
offense.
|
| |||||||
| |||||||
1 | Probation may be revoked or modified pursuant to Section | ||||||
2 | 5-6-4; except
where the court determines at the hearing that | ||||||
3 | the defendant violated a
condition of his or her probation | ||||||
4 | restricting contact with the victim or
other family members or | ||||||
5 | commits another offense with the victim or other
family | ||||||
6 | members, the court shall revoke the defendant's probation and
| ||||||
7 | impose a term of imprisonment.
| ||||||
8 | For the purposes of this Section, "family member" and | ||||||
9 | "victim" shall have
the meanings ascribed to them in Section | ||||||
10 | 11-0.1 of the Criminal Code of
2012 1961 .
| ||||||
11 | (f) (Blank).
| ||||||
12 | (g) Whenever a defendant is convicted of an offense under | ||||||
13 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
14 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
15 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
16 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
17 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 ,
the defendant shall undergo medical | ||||||
19 | testing to
determine whether the defendant has any sexually | ||||||
20 | transmissible disease,
including a test for infection with | ||||||
21 | human immunodeficiency virus (HIV) or
any other identified | ||||||
22 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
23 | Any such medical test shall be performed only by appropriately
| ||||||
24 | licensed medical practitioners and may include an analysis of | ||||||
25 | any bodily
fluids as well as an examination of the defendant's | ||||||
26 | person.
Except as otherwise provided by law, the results of |
| |||||||
| |||||||
1 | such test shall be kept
strictly confidential by all medical | ||||||
2 | personnel involved in the testing and must
be personally | ||||||
3 | delivered in a sealed envelope to the judge of the court in | ||||||
4 | which
the conviction was entered for the judge's inspection in | ||||||
5 | camera. Acting in
accordance with the best interests of the | ||||||
6 | victim and the public, the judge
shall have the discretion to | ||||||
7 | determine to whom, if anyone, the results of the
testing may be | ||||||
8 | revealed. The court shall notify the defendant
of the test | ||||||
9 | results. The court shall
also notify the victim if requested by | ||||||
10 | the victim, and if the victim is under
the age of 15 and if | ||||||
11 | requested by the victim's parents or legal guardian, the
court | ||||||
12 | shall notify the victim's parents or legal guardian of the test
| ||||||
13 | results.
The court shall provide information on the | ||||||
14 | availability of HIV testing
and counseling at Department of | ||||||
15 | Public Health facilities to all parties to
whom the results of | ||||||
16 | the testing are revealed and shall direct the State's
Attorney | ||||||
17 | to provide the information to the victim when possible.
A | ||||||
18 | State's Attorney may petition the court to obtain the results | ||||||
19 | of any HIV test
administered under this Section, and the court | ||||||
20 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
21 | relevant in order to prosecute a charge of
criminal | ||||||
22 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
24 | defendant. The court shall order that the cost of any such test
| ||||||
25 | shall be paid by the county and may be taxed as costs against | ||||||
26 | the convicted
defendant.
|
| |||||||
| |||||||
1 | (g-5) When an inmate is tested for an airborne communicable | ||||||
2 | disease, as
determined by the Illinois Department of Public | ||||||
3 | Health including but not
limited to tuberculosis, the results | ||||||
4 | of the test shall be
personally delivered by the warden or his | ||||||
5 | or her designee in a sealed envelope
to the judge of the court | ||||||
6 | in which the inmate must appear for the judge's
inspection in | ||||||
7 | camera if requested by the judge. Acting in accordance with the
| ||||||
8 | best interests of those in the courtroom, the judge shall have | ||||||
9 | the discretion
to determine what if any precautions need to be | ||||||
10 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
11 | (h) Whenever a defendant is convicted of an offense under | ||||||
12 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
13 | defendant shall undergo
medical testing to determine whether | ||||||
14 | the defendant has been exposed to human
immunodeficiency virus | ||||||
15 | (HIV) or any other identified causative agent of
acquired | ||||||
16 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
17 | by
law, the results of such test shall be kept strictly | ||||||
18 | confidential by all
medical personnel involved in the testing | ||||||
19 | and must be personally delivered in a
sealed envelope to the | ||||||
20 | judge of the court in which the conviction was entered
for the | ||||||
21 | judge's inspection in camera. Acting in accordance with the | ||||||
22 | best
interests of the public, the judge shall have the | ||||||
23 | discretion to determine to
whom, if anyone, the results of the | ||||||
24 | testing may be revealed. The court shall
notify the defendant | ||||||
25 | of a positive test showing an infection with the human
| ||||||
26 | immunodeficiency virus (HIV). The court shall provide |
| |||||||
| |||||||
1 | information on the
availability of HIV testing and counseling | ||||||
2 | at Department of Public Health
facilities to all parties to | ||||||
3 | whom the results of the testing are revealed and
shall direct | ||||||
4 | the State's Attorney to provide the information to the victim | ||||||
5 | when
possible. A State's Attorney may petition the court to | ||||||
6 | obtain the results of
any HIV test administered under this | ||||||
7 | Section, and the court shall grant the
disclosure if the | ||||||
8 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
9 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
10 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
11 | 2012 against the defendant. The court shall order that the cost | ||||||
12 | of any
such test shall be paid by the county and may be taxed as | ||||||
13 | costs against the
convicted defendant.
| ||||||
14 | (i) All fines and penalties imposed under this Section for | ||||||
15 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
16 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
17 | any violation
of the Child Passenger Protection Act, or a | ||||||
18 | similar provision of a local
ordinance, shall be collected and | ||||||
19 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
20 | of the Clerks of Courts Act.
| ||||||
21 | (j) In cases when prosecution for any violation of Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
23 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
24 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
25 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
26 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012 , any violation of the Illinois Controlled | ||||||
2 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
3 | any violation of the Methamphetamine Control and Community | ||||||
4 | Protection Act results in conviction, a
disposition of court | ||||||
5 | supervision, or an order of probation granted under
Section 10 | ||||||
6 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
7 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
8 | Control and Community Protection Act of a defendant, the court | ||||||
9 | shall determine whether the
defendant is employed by a facility | ||||||
10 | or center as defined under the Child Care
Act of 1969, a public | ||||||
11 | or private elementary or secondary school, or otherwise
works | ||||||
12 | with children under 18 years of age on a daily basis. When a | ||||||
13 | defendant
is so employed, the court shall order the Clerk of | ||||||
14 | the Court to send a copy of
the judgment of conviction or order | ||||||
15 | of supervision or probation to the
defendant's employer by | ||||||
16 | certified mail.
If the employer of the defendant is a school, | ||||||
17 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
18 | the judgment of conviction or order of
supervision or probation | ||||||
19 | to the appropriate regional superintendent of schools.
The | ||||||
20 | regional superintendent of schools shall notify the State Board | ||||||
21 | of
Education of any notification under this subsection.
| ||||||
22 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
23 | of a felony and
who has not been previously convicted of a | ||||||
24 | misdemeanor or felony and who is
sentenced to a term of | ||||||
25 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
26 | a condition of his or her sentence be required by the court to |
| |||||||
| |||||||
1 | attend
educational courses designed to prepare the defendant | ||||||
2 | for a high school diploma
and to work toward a high school | ||||||
3 | diploma or to work toward passing the high
school level Test of | ||||||
4 | General Educational Development (GED) or to work toward
| ||||||
5 | completing a vocational training program offered by the | ||||||
6 | Department of
Corrections. If a defendant fails to complete the | ||||||
7 | educational training
required by his or her sentence during the | ||||||
8 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
9 | condition of mandatory supervised release, require the
| ||||||
10 | defendant, at his or her own expense, to pursue a course of | ||||||
11 | study toward a high
school diploma or passage of the GED test. | ||||||
12 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
13 | release of a defendant who wilfully fails to
comply with this | ||||||
14 | subsection (j-5) upon his or her release from confinement in a
| ||||||
15 | penal institution while serving a mandatory supervised release | ||||||
16 | term; however,
the inability of the defendant after making a | ||||||
17 | good faith effort to obtain
financial aid or pay for the | ||||||
18 | educational training shall not be deemed a wilful
failure to | ||||||
19 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
20 | whose mandatory supervised release term has been revoked under | ||||||
21 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
22 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
23 | school diploma or has successfully passed the GED
test. This | ||||||
24 | subsection (j-5) does not apply to a defendant who is | ||||||
25 | determined by
the court to be developmentally disabled or | ||||||
26 | otherwise mentally incapable of
completing the educational or |
| |||||||
| |||||||
1 | vocational program.
| ||||||
2 | (k) (Blank).
| ||||||
3 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
4 | (l), whenever a defendant,
who is an alien as defined by | ||||||
5 | the Immigration and Nationality Act, is convicted
of any | ||||||
6 | felony or misdemeanor offense, the court after sentencing | ||||||
7 | the defendant
may, upon motion of the State's Attorney, | ||||||
8 | hold sentence in abeyance and remand
the defendant to the | ||||||
9 | custody of the Attorney General of
the United States or his | ||||||
10 | or her designated agent to be deported when:
| ||||||
11 | (1) a final order of deportation has been issued | ||||||
12 | against the defendant
pursuant to proceedings under | ||||||
13 | the Immigration and Nationality Act, and
| ||||||
14 | (2) the deportation of the defendant would not | ||||||
15 | deprecate the seriousness
of the defendant's conduct | ||||||
16 | and would not be inconsistent with the ends of
justice.
| ||||||
17 | Otherwise, the defendant shall be sentenced as | ||||||
18 | provided in this Chapter V.
| ||||||
19 | (B) If the defendant has already been sentenced for a | ||||||
20 | felony or
misdemeanor
offense, or has been placed on | ||||||
21 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
22 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
23 | Section 70 of the Methamphetamine Control and Community | ||||||
24 | Protection Act, the court
may, upon motion of the State's | ||||||
25 | Attorney to suspend the
sentence imposed, commit the | ||||||
26 | defendant to the custody of the Attorney General
of the |
| |||||||
| |||||||
1 | United States or his or her designated agent when:
| ||||||
2 | (1) a final order of deportation has been issued | ||||||
3 | against the defendant
pursuant to proceedings under | ||||||
4 | the Immigration and Nationality Act, and
| ||||||
5 | (2) the deportation of the defendant would not | ||||||
6 | deprecate the seriousness
of the defendant's conduct | ||||||
7 | and would not be inconsistent with the ends of
justice.
| ||||||
8 | (C) This subsection (l) does not apply to offenders who | ||||||
9 | are subject to the
provisions of paragraph (2) of | ||||||
10 | subsection (a) of Section 3-6-3.
| ||||||
11 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
12 | sentenced under
this Section returns to the jurisdiction of | ||||||
13 | the United States, the defendant
shall be recommitted to | ||||||
14 | the custody of the county from which he or she was
| ||||||
15 | sentenced.
Thereafter, the defendant shall be brought | ||||||
16 | before the sentencing court, which
may impose any sentence | ||||||
17 | that was available under Section 5-5-3 at the time of
| ||||||
18 | initial sentencing. In addition, the defendant shall not be | ||||||
19 | eligible for
additional sentence credit for good conduct as | ||||||
20 | provided under
Section 3-6-3.
| ||||||
21 | (m) A person convicted of criminal defacement of property | ||||||
22 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 , in which the property damage exceeds | ||||||
24 | $300
and the property damaged is a school building, shall be | ||||||
25 | ordered to perform
community service that may include cleanup, | ||||||
26 | removal, or painting over the
defacement.
|
| |||||||
| |||||||
1 | (n) The court may sentence a person convicted of a | ||||||
2 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
3 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
5 | incarceration program if the person is otherwise eligible for | ||||||
6 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
7 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
8 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
9 | substance or alcohol abuse program licensed under that
Act. | ||||||
10 | (o) Whenever a person is convicted of a sex offense as | ||||||
11 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
12 | defendant's driver's license or permit shall be subject to | ||||||
13 | renewal on an annual basis in accordance with the provisions of | ||||||
14 | license renewal established by the Secretary of State.
| ||||||
15 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
16 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
17 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
18 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
19 | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | ||||||
20 | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||||||
21 | 9-20-12.)
| ||||||
22 | (730 ILCS 5/5-5-3.2)
| ||||||
23 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
24 | Sentencing.
| ||||||
25 | (a) The following factors shall be accorded weight in favor |
| |||||||
| |||||||
1 | of
imposing a term of imprisonment or may be considered by the | ||||||
2 | court as reasons
to impose a more severe sentence under Section | ||||||
3 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
4 | (1) the defendant's conduct caused or threatened | ||||||
5 | serious harm;
| ||||||
6 | (2) the defendant received compensation for committing | ||||||
7 | the offense;
| ||||||
8 | (3) the defendant has a history of prior delinquency or | ||||||
9 | criminal activity;
| ||||||
10 | (4) the defendant, by the duties of his office or by | ||||||
11 | his position,
was obliged to prevent the particular offense | ||||||
12 | committed or to bring
the offenders committing it to | ||||||
13 | justice;
| ||||||
14 | (5) the defendant held public office at the time of the | ||||||
15 | offense,
and the offense related to the conduct of that | ||||||
16 | office;
| ||||||
17 | (6) the defendant utilized his professional reputation | ||||||
18 | or
position in the community to commit the offense, or to | ||||||
19 | afford
him an easier means of committing it;
| ||||||
20 | (7) the sentence is necessary to deter others from | ||||||
21 | committing
the same crime;
| ||||||
22 | (8) the defendant committed the offense against a | ||||||
23 | person 60 years of age
or older or such person's property;
| ||||||
24 | (9) the defendant committed the offense against a | ||||||
25 | person who is
physically handicapped or such person's | ||||||
26 | property;
|
| |||||||
| |||||||
1 | (10) by reason of another individual's actual or | ||||||
2 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
3 | sexual orientation, physical or mental
disability, or | ||||||
4 | national origin, the defendant committed the offense | ||||||
5 | against (i)
the person or property
of that individual; (ii) | ||||||
6 | the person or property of a person who has an
association | ||||||
7 | with, is married to, or has a friendship with the other | ||||||
8 | individual;
or (iii) the person or property of a relative | ||||||
9 | (by blood or marriage) of a
person described in clause (i) | ||||||
10 | or (ii). For the purposes of this Section,
"sexual | ||||||
11 | orientation" means heterosexuality, homosexuality, or | ||||||
12 | bisexuality;
| ||||||
13 | (11) the offense took place in a place of worship or on | ||||||
14 | the
grounds of a place of worship, immediately prior to, | ||||||
15 | during or immediately
following worship services. For | ||||||
16 | purposes of this subparagraph, "place of
worship" shall | ||||||
17 | mean any church, synagogue or other building, structure or
| ||||||
18 | place used primarily for religious worship;
| ||||||
19 | (12) the defendant was convicted of a felony committed | ||||||
20 | while he was
released on bail or his own recognizance | ||||||
21 | pending trial for a prior felony
and was convicted of such | ||||||
22 | prior felony, or the defendant was convicted of a
felony | ||||||
23 | committed while he was serving a period of probation,
| ||||||
24 | conditional discharge, or mandatory supervised release | ||||||
25 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
26 | (13) the defendant committed or attempted to commit a |
| |||||||
| |||||||
1 | felony while he
was wearing a bulletproof vest. For the | ||||||
2 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
3 | device which is designed for the purpose of
protecting the | ||||||
4 | wearer from bullets, shot or other lethal projectiles;
| ||||||
5 | (14) the defendant held a position of trust or | ||||||
6 | supervision such as, but
not limited to, family member as | ||||||
7 | defined in Section 11-0.1 of the Criminal Code
of 2012 | ||||||
8 | 1961 , teacher, scout leader, baby sitter, or day care | ||||||
9 | worker, in
relation to a victim under 18 years of age, and | ||||||
10 | the defendant committed an
offense in violation of Section | ||||||
11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
12 | 11-14.4 except for an offense that involves keeping a place | ||||||
13 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
14 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
15 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012
against
that victim;
| ||||||
17 | (15) the defendant committed an offense related to the | ||||||
18 | activities of an
organized gang. For the purposes of this | ||||||
19 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
20 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
21 | Act;
| ||||||
22 | (16) the defendant committed an offense in violation of | ||||||
23 | one of the
following Sections while in a school, regardless | ||||||
24 | of the time of day or time of
year; on any conveyance | ||||||
25 | owned, leased, or contracted by a school to transport
| ||||||
26 | students to or from school or a school related activity; on |
| |||||||
| |||||||
1 | the real property
of a school; or on a public way within | ||||||
2 | 1,000 feet of the real property
comprising any school: | ||||||
3 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
5 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
6 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
8 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
9 | Criminal Code of 2012 ;
| ||||||
10 | (16.5) the defendant committed an offense in violation | ||||||
11 | of one of the
following Sections while in a day care | ||||||
12 | center, regardless of the time of day or
time of year; on | ||||||
13 | the real property of a day care center, regardless of the | ||||||
14 | time
of day or time of year; or on a public
way within | ||||||
15 | 1,000 feet of the real property comprising any day care | ||||||
16 | center,
regardless of the time of day or time of year:
| ||||||
17 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
18 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
19 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
20 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
21 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
22 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
23 | Criminal Code of 2012 ;
| ||||||
24 | (17) the defendant committed the offense by reason of | ||||||
25 | any person's
activity as a community policing volunteer or | ||||||
26 | to prevent any person from
engaging in activity as a |
| |||||||
| |||||||
1 | community policing volunteer. For the purpose of
this | ||||||
2 | Section, "community policing volunteer" has the meaning | ||||||
3 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
4 | 2012 1961 ;
| ||||||
5 | (18) the defendant committed the offense in a nursing | ||||||
6 | home or on the
real
property comprising a nursing home. For | ||||||
7 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
8 | skilled nursing
or intermediate long term care facility | ||||||
9 | that is subject to license by the
Illinois Department of | ||||||
10 | Public Health under the Nursing Home Care
Act, the | ||||||
11 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
12 | Community Care Act;
| ||||||
13 | (19) the defendant was a federally licensed firearm | ||||||
14 | dealer
and
was
previously convicted of a violation of | ||||||
15 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
16 | Identification Card Act and has now committed either a | ||||||
17 | felony
violation
of the Firearm Owners Identification Card | ||||||
18 | Act or an act of armed violence while
armed
with a firearm; | ||||||
19 | (20) the defendant (i) committed the offense of | ||||||
20 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
22 | under the influence of alcohol, other drug or
drugs, | ||||||
23 | intoxicating compound or compounds or any combination | ||||||
24 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
25 | or a similar provision of a local ordinance and (ii) was | ||||||
26 | operating a motor vehicle in excess of 20 miles per hour |
| |||||||
| |||||||
1 | over the posted speed limit as provided in Article VI of | ||||||
2 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
3 | (21) the defendant (i) committed the offense of | ||||||
4 | reckless driving or aggravated reckless driving under | ||||||
5 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
6 | operating a motor vehicle in excess of 20 miles per hour | ||||||
7 | over the posted speed limit as provided in Article VI of | ||||||
8 | Chapter 11 of the Illinois Vehicle Code; | ||||||
9 | (22) the defendant committed the offense against a | ||||||
10 | person that the defendant knew, or reasonably should have | ||||||
11 | known, was a member of the Armed Forces of the United | ||||||
12 | States serving on active duty. For purposes of this clause | ||||||
13 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
14 | of the United States, including a member of any reserve | ||||||
15 | component thereof or National Guard unit called to active | ||||||
16 | duty;
| ||||||
17 | (23)
the defendant committed the offense against a | ||||||
18 | person who was elderly, disabled, or infirm by taking | ||||||
19 | advantage of a family or fiduciary relationship with the | ||||||
20 | elderly, disabled, or infirm person;
| ||||||
21 | (24)
the defendant committed any offense under Section | ||||||
22 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012 and possessed 100 or more images;
| ||||||
24 | (25) the defendant committed the offense while the | ||||||
25 | defendant or the victim was in a train, bus, or other | ||||||
26 | vehicle used for public transportation; |
| |||||||
| |||||||
1 | (26) the defendant committed the offense of child | ||||||
2 | pornography or aggravated child pornography, specifically | ||||||
3 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
4 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
6 | solicited for, depicted in, or posed in any act of sexual | ||||||
7 | penetration or bound, fettered, or subject to sadistic, | ||||||
8 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
9 | and specifically including paragraph (1), (2), (3), (4), | ||||||
10 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
11 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
12 | engaged in, solicited for, depicted in, or posed in any act | ||||||
13 | of sexual penetration or bound, fettered, or subject to | ||||||
14 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
15 | sexual context; | ||||||
16 | (27) the defendant committed the offense of first | ||||||
17 | degree murder, assault, aggravated assault, battery, | ||||||
18 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
19 | robbery against a person who was a veteran and the | ||||||
20 | defendant knew, or reasonably should have known, that the | ||||||
21 | person was a veteran performing duties as a representative | ||||||
22 | of a veterans' organization. For the purposes of this | ||||||
23 | paragraph (27), "veteran" means an Illinois resident who | ||||||
24 | has served as a member of the United States Armed Forces, a | ||||||
25 | member of the Illinois National Guard, or a member of the | ||||||
26 | United States Reserve Forces; and "veterans' organization" |
| |||||||
| |||||||
1 | means an organization comprised of members of
which | ||||||
2 | substantially all are individuals who are veterans or | ||||||
3 | spouses,
widows, or widowers of veterans, the primary | ||||||
4 | purpose of which is to
promote the welfare of its members | ||||||
5 | and to provide assistance to the general
public in such a | ||||||
6 | way as to confer a public benefit; or | ||||||
7 | (28) the defendant committed the offense of assault, | ||||||
8 | aggravated assault, battery, aggravated battery, robbery, | ||||||
9 | armed robbery, or aggravated robbery against a person that | ||||||
10 | the defendant knew or reasonably should have known was a | ||||||
11 | letter carrier or postal worker while that person was | ||||||
12 | performing his or her duties delivering mail for the United | ||||||
13 | States Postal Service. | ||||||
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 certified | ||||||
18 | and
licensed day care center as defined in Section 2.09 of the | ||||||
19 | Child Care Act of
1969 that displays a sign in plain view | ||||||
20 | stating that the
property is a day care center.
| ||||||
21 | "Public transportation" means the transportation
or | ||||||
22 | conveyance of persons by means available to the general public, | ||||||
23 | and includes paratransit services. | ||||||
24 | (b) The following factors, related to all felonies, may be | ||||||
25 | considered by the court as
reasons to impose an extended term | ||||||
26 | sentence under Section 5-8-2
upon any offender:
|
| |||||||
| |||||||
1 | (1) When a defendant is convicted of any felony, after | ||||||
2 | having
been previously convicted in Illinois or any other | ||||||
3 | jurisdiction of the
same or similar class felony or greater | ||||||
4 | class felony, when such conviction
has occurred within 10 | ||||||
5 | years after the
previous conviction, excluding time spent | ||||||
6 | in custody, and such charges are
separately brought and | ||||||
7 | tried and arise out of different series of acts; or
| ||||||
8 | (2) When a defendant is convicted of any felony and the | ||||||
9 | court
finds that the offense was accompanied by | ||||||
10 | exceptionally brutal
or heinous behavior indicative of | ||||||
11 | wanton cruelty; or
| ||||||
12 | (3) When a defendant is convicted of any felony | ||||||
13 | committed against:
| ||||||
14 | (i) a person under 12 years of age at the time of | ||||||
15 | the offense or such
person's property;
| ||||||
16 | (ii) a person 60 years of age or older at the time | ||||||
17 | of the offense or
such person's property; or
| ||||||
18 | (iii) a person physically handicapped at the time | ||||||
19 | of the offense or
such person's property; or
| ||||||
20 | (4) When a defendant is convicted of any felony and the | ||||||
21 | offense
involved any of the following types of specific | ||||||
22 | misconduct committed as
part of a ceremony, rite, | ||||||
23 | initiation, observance, performance, practice or
activity | ||||||
24 | of any actual or ostensible religious, fraternal, or social | ||||||
25 | group:
| ||||||
26 | (i) the brutalizing or torturing of humans or |
| |||||||
| |||||||
1 | animals;
| ||||||
2 | (ii) the theft of human corpses;
| ||||||
3 | (iii) the kidnapping of humans;
| ||||||
4 | (iv) the desecration of any cemetery, religious, | ||||||
5 | fraternal, business,
governmental, educational, or | ||||||
6 | other building or property; or
| ||||||
7 | (v) ritualized abuse of a child; or
| ||||||
8 | (5) When a defendant is convicted of a felony other | ||||||
9 | than conspiracy and
the court finds that
the felony was | ||||||
10 | committed under an agreement with 2 or more other persons
| ||||||
11 | to commit that offense and the defendant, with respect to | ||||||
12 | the other
individuals, occupied a position of organizer, | ||||||
13 | supervisor, financier, or any
other position of management | ||||||
14 | or leadership, and the court further finds that
the felony | ||||||
15 | committed was related to or in furtherance of the criminal
| ||||||
16 | activities of an organized gang or was motivated by the | ||||||
17 | defendant's leadership
in an organized gang; or
| ||||||
18 | (6) When a defendant is convicted of an offense | ||||||
19 | committed while using a firearm with a
laser sight attached | ||||||
20 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
21 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
22 | Code of
2012 1961 ; or
| ||||||
23 | (7) When a defendant who was at least 17 years of age | ||||||
24 | at the
time of
the commission of the offense is convicted | ||||||
25 | of a felony and has been previously
adjudicated a | ||||||
26 | delinquent minor under the Juvenile Court Act of 1987 for |
| |||||||
| |||||||
1 | an act
that if committed by an adult would be a Class X or | ||||||
2 | Class 1 felony when the
conviction has occurred within 10 | ||||||
3 | years after the previous adjudication,
excluding time | ||||||
4 | spent in custody; or
| ||||||
5 | (8) When a defendant commits any felony and the | ||||||
6 | defendant used, possessed, exercised control over, or | ||||||
7 | otherwise directed an animal to assault a law enforcement | ||||||
8 | officer engaged in the execution of his or her official | ||||||
9 | duties or in furtherance of the criminal activities of an | ||||||
10 | organized gang in which the defendant is engaged.
| ||||||
11 | (c) The following factors may be considered by the court as | ||||||
12 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
13 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
14 | (1) When a defendant is convicted of first degree | ||||||
15 | murder, after having been previously convicted in Illinois | ||||||
16 | of any offense listed under paragraph (c)(2) of Section | ||||||
17 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
18 | within 10 years after the previous conviction, excluding | ||||||
19 | time spent in custody, and the charges are separately | ||||||
20 | brought and tried and arise out of different series of | ||||||
21 | acts. | ||||||
22 | (1.5) When a defendant is convicted of first degree | ||||||
23 | murder, after having been previously convicted of domestic | ||||||
24 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
25 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
26 | having been previously convicted of violation of an order |
| |||||||
| |||||||
1 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
2 | was the protected person. | ||||||
3 | (2) When a defendant is convicted of voluntary | ||||||
4 | manslaughter, second degree murder, involuntary | ||||||
5 | manslaughter, or reckless homicide in which the defendant | ||||||
6 | has been convicted of causing the death of more than one | ||||||
7 | individual. | ||||||
8 | (3) When a defendant is convicted of aggravated | ||||||
9 | criminal sexual assault or criminal sexual assault, when | ||||||
10 | there is a finding that aggravated criminal sexual assault | ||||||
11 | or criminal sexual assault was also committed on the same | ||||||
12 | victim by one or more other individuals, and the defendant | ||||||
13 | voluntarily participated in the crime with the knowledge of | ||||||
14 | the participation of the others in the crime, and the | ||||||
15 | commission of the crime was part of a single course of | ||||||
16 | conduct during which there was no substantial change in the | ||||||
17 | nature of the criminal objective. | ||||||
18 | (4) If the victim was under 18 years of age at the time | ||||||
19 | of the commission of the offense, when a defendant is | ||||||
20 | convicted of aggravated criminal sexual assault or | ||||||
21 | predatory criminal sexual assault of a child under | ||||||
22 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
23 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
25 | (5) When a defendant is convicted of a felony violation | ||||||
26 | of Section 24-1 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
2 | finding that the defendant is a member of an organized | ||||||
3 | gang. | ||||||
4 | (6) When a defendant was convicted of unlawful use of | ||||||
5 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
7 | a weapon that is not readily distinguishable as one of the | ||||||
8 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
10 | (7) When a defendant is convicted of an offense | ||||||
11 | involving the illegal manufacture of a controlled | ||||||
12 | substance under Section 401 of the Illinois Controlled | ||||||
13 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
14 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
15 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
16 | the illegal possession of explosives and an emergency | ||||||
17 | response officer in the performance of his or her duties is | ||||||
18 | killed or injured at the scene of the offense while | ||||||
19 | responding to the emergency caused by the commission of the | ||||||
20 | offense. In this paragraph, "emergency" means a situation | ||||||
21 | in which a person's life, health, or safety is in jeopardy; | ||||||
22 | and "emergency response officer" means a peace officer, | ||||||
23 | community policing volunteer, fireman, emergency medical | ||||||
24 | technician-ambulance, emergency medical | ||||||
25 | technician-intermediate, emergency medical | ||||||
26 | technician-paramedic, ambulance driver, other medical |
| |||||||
| |||||||
1 | assistance or first aid personnel, or hospital emergency | ||||||
2 | room personnel.
| ||||||
3 | (d) For the purposes of this Section, "organized gang" has | ||||||
4 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
5 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
6 | (e) The court may impose an extended term sentence under | ||||||
7 | Article 4.5 of Chapter V upon an offender who has been | ||||||
8 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
9 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
10 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | when the victim of the offense is under 18 years of age at the | ||||||
12 | time of the commission of the offense and, during the | ||||||
13 | commission of the offense, the victim was under the influence | ||||||
14 | of alcohol, regardless of whether or not the alcohol was | ||||||
15 | supplied by the offender; and the offender, at the time of the | ||||||
16 | commission of the offense, knew or should have known that the | ||||||
17 | victim had consumed alcohol. | ||||||
18 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
19 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
20 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
21 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
22 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
23 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||||||
24 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.)
| ||||||
25 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
| |||||||
| |||||||
1 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
2 | (a) Conviction and disposition shall not entail the loss by | ||||||
3 | the
defendant of any civil rights, except under this Section | ||||||
4 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
5 | hereafter amended.
| ||||||
6 | (b) A person convicted of a felony shall be ineligible to | ||||||
7 | hold an office
created by the Constitution of this State until | ||||||
8 | the completion of his sentence.
| ||||||
9 | (c) A person sentenced to imprisonment shall lose his right | ||||||
10 | to vote
until released from imprisonment.
| ||||||
11 | (d) On completion of sentence of imprisonment or upon | ||||||
12 | discharge from
probation, conditional discharge or periodic | ||||||
13 | imprisonment, or at any time
thereafter, all license rights and | ||||||
14 | privileges
granted under the authority of this State which have | ||||||
15 | been revoked or
suspended because of conviction of an offense | ||||||
16 | shall be restored unless the
authority having jurisdiction of | ||||||
17 | such license rights finds after
investigation and hearing that | ||||||
18 | restoration is not in the public interest.
This paragraph (d) | ||||||
19 | shall not apply to the suspension or revocation of a
license to | ||||||
20 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
21 | (e) Upon a person's discharge from incarceration or parole, | ||||||
22 | or upon a
person's discharge from probation or at any time | ||||||
23 | thereafter, the committing
court may enter an order certifying | ||||||
24 | that the sentence has been
satisfactorily completed when the | ||||||
25 | court believes it would assist in the
rehabilitation of the | ||||||
26 | person and be consistent with the public welfare.
Such order |
| |||||||
| |||||||
1 | may be entered upon the motion of the defendant or the State or
| ||||||
2 | upon the court's own motion.
| ||||||
3 | (f) Upon entry of the order, the court shall issue to the | ||||||
4 | person in
whose favor the order has been entered a certificate | ||||||
5 | stating that his
behavior after conviction has warranted the | ||||||
6 | issuance of the order.
| ||||||
7 | (g) This Section shall not affect the right of a defendant | ||||||
8 | to
collaterally attack his conviction or to rely on it in bar | ||||||
9 | of subsequent
proceedings for the same offense.
| ||||||
10 | (h) No application for any license specified in subsection | ||||||
11 | (i) of this
Section granted under the
authority of this State | ||||||
12 | shall be denied by reason of an eligible offender who
has | ||||||
13 | obtained a certificate of relief from disabilities, as
defined | ||||||
14 | in Article 5.5 of this Chapter, having been previously | ||||||
15 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
16 | finding of lack of "good moral
character" when the finding is | ||||||
17 | based upon the fact that the applicant has
previously been | ||||||
18 | convicted of one or more criminal offenses, unless:
| ||||||
19 | (1) there is a direct relationship between one or more | ||||||
20 | of the previous
criminal offenses and the specific license | ||||||
21 | sought; or
| ||||||
22 | (2) the issuance of the license would
involve an | ||||||
23 | unreasonable risk to property or to the safety or welfare | ||||||
24 | of
specific individuals or the general public.
| ||||||
25 | In making such a determination, the licensing agency shall | ||||||
26 | consider the
following factors:
|
| |||||||
| |||||||
1 | (1) the public policy of this State, as expressed in | ||||||
2 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
3 | employment of persons previously
convicted of one or more | ||||||
4 | criminal offenses;
| ||||||
5 | (2) the specific duties and responsibilities | ||||||
6 | necessarily related to the
license being sought;
| ||||||
7 | (3) the bearing, if any, the criminal offenses or | ||||||
8 | offenses for which the
person
was previously convicted will | ||||||
9 | have on his or her fitness or ability to perform
one or
| ||||||
10 | more such duties and responsibilities;
| ||||||
11 | (4) the time which has elapsed since the occurrence of | ||||||
12 | the criminal
offense or offenses;
| ||||||
13 | (5) the age of the person at the time of occurrence of | ||||||
14 | the criminal
offense or offenses;
| ||||||
15 | (6) the seriousness of the offense or offenses;
| ||||||
16 | (7) any information produced by the person or produced | ||||||
17 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
18 | and good conduct, including a certificate
of relief from | ||||||
19 | disabilities issued to the applicant, which certificate | ||||||
20 | shall
create a presumption of rehabilitation in regard to | ||||||
21 | the offense or offenses
specified in the certificate; and
| ||||||
22 | (8) the legitimate interest of the licensing agency in | ||||||
23 | protecting
property, and
the safety and welfare of specific | ||||||
24 | individuals or the general public.
| ||||||
25 | (i) A certificate of relief from disabilities shall be | ||||||
26 | issued only
for a
license or certification issued under the |
| |||||||
| |||||||
1 | following Acts:
| ||||||
2 | (1) the Animal Welfare Act; except that a certificate | ||||||
3 | of relief from
disabilities may not be granted
to provide | ||||||
4 | for
the
issuance or restoration of a license under the | ||||||
5 | Animal Welfare Act for any
person convicted of violating | ||||||
6 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
7 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
8 | Criminal Code of
1961 or the Criminal Code of 2012 ;
| ||||||
9 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
10 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
11 | and Nail Technology Act of 1985;
| ||||||
12 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
13 | Act;
| ||||||
14 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
15 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
16 | 1984;
| ||||||
17 | (7) the Illinois Farm Labor Contractor Certification | ||||||
18 | Act;
| ||||||
19 | (8) the Interior Design Title Act;
| ||||||
20 | (9) the Illinois Professional Land Surveyor Act of | ||||||
21 | 1989;
| ||||||
22 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
23 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
24 | (12) the Private Employment Agency Act;
| ||||||
25 | (13) the Professional Counselor and Clinical | ||||||
26 | Professional Counselor
Licensing and Practice
Act;
|
| |||||||
| |||||||
1 | (14) the Real Estate License Act of 2000;
| ||||||
2 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
3 | (16) the Professional Engineering Practice Act of | ||||||
4 | 1989; | ||||||
5 | (17) the Water Well and Pump Installation Contractor's | ||||||
6 | License Act; | ||||||
7 | (18) the Electrologist Licensing Act;
| ||||||
8 | (19) the Auction License Act; | ||||||
9 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
10 | (21) the Dietetic and Nutrition Services Practice Act; | ||||||
11 | (22) the Environmental Health Practitioner Licensing | ||||||
12 | Act; | ||||||
13 | (23) the Funeral Directors and Embalmers Licensing | ||||||
14 | Code; | ||||||
15 | (24) the Land Sales Registration Act of 1999; | ||||||
16 | (25) the Professional Geologist Licensing Act; | ||||||
17 | (26) the Illinois Public Accounting Act; and | ||||||
18 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
19 | (Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11; | ||||||
20 | 97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| ||||||
21 | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| ||||||
22 | Sec. 5-5-6. In all convictions for offenses in violation of | ||||||
23 | the Criminal
Code of 1961 or the Criminal Code of 2012 or of | ||||||
24 | Section 11-501 of the Illinois Vehicle Code in which the person | ||||||
25 | received any injury to his or her person or damage
to his or |
| |||||||
| |||||||
1 | her real or personal property as a result of the criminal act | ||||||
2 | of the
defendant, the court shall order restitution as provided | ||||||
3 | in this Section. In
all other cases, except cases in which | ||||||
4 | restitution is required under this
Section, the court must at | ||||||
5 | the sentence hearing determine whether restitution
is an | ||||||
6 | appropriate sentence to be imposed on each defendant convicted | ||||||
7 | of an
offense. If the court determines that an order directing | ||||||
8 | the offender to make
restitution is appropriate, the offender | ||||||
9 | may be sentenced to make restitution.
The court may consider | ||||||
10 | restitution an appropriate sentence to be imposed on each | ||||||
11 | defendant convicted of an offense in addition to a sentence of | ||||||
12 | imprisonment. The sentence of the defendant to a term of | ||||||
13 | imprisonment is not a mitigating factor that prevents the court | ||||||
14 | from ordering the defendant to pay restitution. If
the offender | ||||||
15 | is sentenced to make restitution the Court shall determine the
| ||||||
16 | restitution as hereinafter set forth:
| ||||||
17 | (a) At the sentence hearing, the court shall determine | ||||||
18 | whether the
property
may be restored in kind to the | ||||||
19 | possession of the owner or the person entitled
to | ||||||
20 | possession thereof; or whether the defendant is possessed | ||||||
21 | of sufficient
skill to repair and restore property damaged; | ||||||
22 | or whether the defendant should
be required to make | ||||||
23 | restitution in cash, for out-of-pocket expenses, damages,
| ||||||
24 | losses, or injuries found to have been proximately caused | ||||||
25 | by the conduct
of the defendant or another for whom the | ||||||
26 | defendant is legally accountable
under the provisions of |
| |||||||
| |||||||
1 | Article 5 V of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 .
| ||||||
3 | (b) In fixing the amount of restitution to be paid in | ||||||
4 | cash, the court
shall allow credit for property returned in | ||||||
5 | kind, for property damages ordered
to be repaired by the | ||||||
6 | defendant, and for property ordered to be restored
by the | ||||||
7 | defendant; and after granting the credit, the court shall | ||||||
8 | assess
the actual out-of-pocket expenses, losses, damages, | ||||||
9 | and injuries suffered
by the victim named in the charge and | ||||||
10 | any other victims who may also have
suffered out-of-pocket | ||||||
11 | expenses, losses, damages, and injuries proximately
caused | ||||||
12 | by the same criminal conduct of the defendant, and | ||||||
13 | insurance
carriers who have indemnified the named victim or | ||||||
14 | other victims for the
out-of-pocket expenses, losses, | ||||||
15 | damages, or injuries, provided that in no
event shall | ||||||
16 | restitution be ordered to be paid on account of pain and
| ||||||
17 | suffering. When a victim's out-of-pocket expenses have | ||||||
18 | been paid pursuant to the Crime Victims Compensation Act, | ||||||
19 | the court shall order restitution be paid to the | ||||||
20 | compensation program. If a defendant is placed on | ||||||
21 | supervision for, or convicted of,
domestic battery, the | ||||||
22 | defendant shall be required to pay restitution to any
| ||||||
23 | domestic violence shelter in which the victim and any other | ||||||
24 | family or household
members lived because of the domestic | ||||||
25 | battery. The amount of the restitution
shall equal the | ||||||
26 | actual expenses of the domestic violence shelter in |
| |||||||
| |||||||
1 | providing
housing and any other services for the victim and | ||||||
2 | any other family or household
members living at the | ||||||
3 | shelter. If a defendant fails to pay restitution in
the | ||||||
4 | manner or within
the time period specified by the court, | ||||||
5 | the court may enter an order
directing the sheriff to seize | ||||||
6 | any real or personal property of a defendant
to the extent | ||||||
7 | necessary to satisfy the order of restitution and dispose | ||||||
8 | of
the property by public sale. All proceeds from such sale | ||||||
9 | in excess of the
amount of restitution plus court costs and | ||||||
10 | the costs of the sheriff in
conducting the sale shall be | ||||||
11 | paid to the defendant. The defendant convicted of
domestic | ||||||
12 | battery, if a person under 18 years of age was present and | ||||||
13 | witnessed the domestic battery of the
victim, is liable to | ||||||
14 | pay restitution for the cost of any counseling required
for
| ||||||
15 | the child at the discretion of the court.
| ||||||
16 | (c) In cases where more than one defendant is | ||||||
17 | accountable for the same
criminal conduct that results in | ||||||
18 | out-of-pocket expenses, losses, damages,
or injuries, each | ||||||
19 | defendant shall be ordered to pay restitution in the amount
| ||||||
20 | of the total actual out-of-pocket expenses, losses, | ||||||
21 | damages, or injuries
to the victim proximately caused by | ||||||
22 | the conduct of all of the defendants
who are legally | ||||||
23 | accountable for the offense.
| ||||||
24 | (1) In no event shall the victim be entitled to | ||||||
25 | recover restitution in
excess of the actual | ||||||
26 | out-of-pocket expenses, losses, damages, or injuries,
|
| |||||||
| |||||||
1 | proximately caused by the conduct of all of the | ||||||
2 | defendants.
| ||||||
3 | (2) As between the defendants, the court may | ||||||
4 | apportion the restitution
that is payable in | ||||||
5 | proportion to each co-defendant's culpability in the
| ||||||
6 | commission of the offense.
| ||||||
7 | (3) In the absence of a specific order apportioning | ||||||
8 | the restitution,
each defendant shall bear his pro rata | ||||||
9 | share of the restitution.
| ||||||
10 | (4) As between the defendants, each defendant | ||||||
11 | shall be entitled to a pro
rata reduction in the total | ||||||
12 | restitution required to be paid to the victim
for | ||||||
13 | amounts of restitution actually paid by co-defendants, | ||||||
14 | and defendants
who shall have paid more than their pro | ||||||
15 | rata share shall be entitled to
refunds to be computed | ||||||
16 | by the court as additional amounts are
paid by | ||||||
17 | co-defendants.
| ||||||
18 | (d) In instances where a defendant has more than one | ||||||
19 | criminal charge
pending
against him in a single case, or | ||||||
20 | more than one case, and the defendant stands
convicted of | ||||||
21 | one or more charges, a plea agreement negotiated by the | ||||||
22 | State's
Attorney and the defendants may require the | ||||||
23 | defendant to make restitution
to victims of charges that | ||||||
24 | have been dismissed or which it is contemplated
will be | ||||||
25 | dismissed under the terms of the plea agreement, and under | ||||||
26 | the
agreement, the court may impose a sentence of |
| |||||||
| |||||||
1 | restitution on the charge
or charges of which the defendant | ||||||
2 | has been convicted that would require
the defendant to make | ||||||
3 | restitution to victims of other offenses as provided
in the | ||||||
4 | plea agreement.
| ||||||
5 | (e) The court may require the defendant to apply the | ||||||
6 | balance of the cash
bond, after payment of court costs, and | ||||||
7 | any fine that may be imposed to
the payment of restitution.
| ||||||
8 | (f) Taking into consideration the ability of the | ||||||
9 | defendant to pay, including any real or personal property | ||||||
10 | or any other assets of the defendant,
the court shall | ||||||
11 | determine whether restitution shall be paid in a single
| ||||||
12 | payment or in installments, and shall fix a period of time | ||||||
13 | not in excess
of 5 years, except for violations of Sections | ||||||
14 | 16-1.3 and 17-56 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 , or the period of time specified in | ||||||
16 | subsection (f-1), not including periods of incarceration, | ||||||
17 | within which payment of
restitution is to be paid in full.
| ||||||
18 | Complete restitution shall be paid in as short a time | ||||||
19 | period as possible.
However, if the court deems it | ||||||
20 | necessary and in the best interest of the
victim, the court | ||||||
21 | may extend beyond 5 years the period of time within which | ||||||
22 | the
payment of restitution is to be paid.
If the defendant | ||||||
23 | is ordered to pay restitution and the court orders that
| ||||||
24 | restitution is to be paid over a period greater than 6 | ||||||
25 | months, the court
shall order that the defendant make | ||||||
26 | monthly payments; the court may waive
this requirement of |
| |||||||
| |||||||
1 | monthly payments only if there is a specific finding of
| ||||||
2 | good cause for waiver.
| ||||||
3 | (f-1)(1) In addition to any other penalty prescribed by | ||||||
4 | law and any restitution ordered under this Section that did | ||||||
5 | not include long-term physical health care costs, the court | ||||||
6 | may, upon conviction of any misdemeanor or felony, order a | ||||||
7 | defendant to pay restitution to a victim in accordance with | ||||||
8 | the provisions of this subsection (f-1) if the victim has | ||||||
9 | suffered physical injury as a result of the offense that is | ||||||
10 | reasonably probable to require or has required long-term | ||||||
11 | physical health care for more than 3 months. As used in | ||||||
12 | this subsection (f-1) "long-term physical health care" | ||||||
13 | includes mental health care.
| ||||||
14 | (2) The victim's estimate of long-term physical health | ||||||
15 | care costs may be made as part of a victim impact statement | ||||||
16 | under Section 6 of the Rights of Crime Victims and | ||||||
17 | Witnesses Act or made separately. The court shall enter the | ||||||
18 | long-term physical health care restitution order at the | ||||||
19 | time of sentencing. An order of restitution made under this | ||||||
20 | subsection (f-1) shall fix a monthly amount to be paid by | ||||||
21 | the defendant for as long as long-term physical health care | ||||||
22 | of the victim is required as a result of the offense. The | ||||||
23 | order may exceed the length of any sentence imposed upon | ||||||
24 | the defendant for the criminal activity. The court shall | ||||||
25 | include as a special finding in the judgment of conviction | ||||||
26 | its determination of the monthly cost of long-term physical |
| |||||||
| |||||||
1 | health care.
| ||||||
2 | (3) After a sentencing order has been entered, the | ||||||
3 | court may from time to time, on the petition of either the | ||||||
4 | defendant or the victim, or upon its own motion, enter an | ||||||
5 | order for restitution for long-term physical care or modify | ||||||
6 | the existing order for restitution for long-term physical | ||||||
7 | care as to the amount of monthly payments. Any modification | ||||||
8 | of the order shall be based only upon a substantial change | ||||||
9 | of circumstances relating to the cost of long-term physical | ||||||
10 | health care or the financial condition of either the | ||||||
11 | defendant or the victim. The petition shall be filed as | ||||||
12 | part of the original criminal docket.
| ||||||
13 | (g) In addition to the sentences provided for in | ||||||
14 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
15 | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | ||||||
16 | 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of | ||||||
17 | Section 11-14.4, of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 , the court may
order any person who | ||||||
19 | is convicted of violating any of those Sections or who was | ||||||
20 | charged with any of those offenses and which charge was | ||||||
21 | reduced to another charge as a result of a plea agreement | ||||||
22 | under subsection (d) of this Section to meet
all or any | ||||||
23 | portion of the financial obligations of treatment, | ||||||
24 | including but not
limited to medical, psychiatric, or | ||||||
25 | rehabilitative treatment or psychological counseling,
| ||||||
26 | prescribed for the victim or victims of the offense.
|
| |||||||
| |||||||
1 | The payments shall be made by the defendant to the | ||||||
2 | clerk of the circuit
court
and transmitted by the clerk to | ||||||
3 | the appropriate person or agency as directed by
the court. | ||||||
4 | Except as otherwise provided in subsection (f-1), the
order | ||||||
5 | may require such payments to be made for a period not to
| ||||||
6 | exceed 5 years after sentencing, not including periods of | ||||||
7 | incarceration.
| ||||||
8 | (h) The judge may enter an order of withholding to | ||||||
9 | collect the amount
of restitution owed in accordance with | ||||||
10 | Part 8 of Article XII of the Code of
Civil Procedure.
| ||||||
11 | (i) A sentence of restitution may be modified or | ||||||
12 | revoked by the court
if the offender commits another | ||||||
13 | offense, or the offender fails to make
restitution as | ||||||
14 | ordered by the court, but no sentence to make restitution
| ||||||
15 | shall be revoked unless the court shall find that the | ||||||
16 | offender has had the
financial ability to make restitution, | ||||||
17 | and he has wilfully refused to do
so. When the offender's | ||||||
18 | ability to pay restitution was established at the time
an | ||||||
19 | order of restitution was entered or modified, or when the | ||||||
20 | offender's ability
to pay was based on the offender's | ||||||
21 | willingness to make restitution as part of a
plea agreement | ||||||
22 | made at the time the order of restitution was entered or
| ||||||
23 | modified, there is a rebuttable presumption that the facts | ||||||
24 | and circumstances
considered by the court at the hearing at | ||||||
25 | which the order of restitution was
entered or modified | ||||||
26 | regarding the offender's ability or willingness to pay
|
| |||||||
| |||||||
1 | restitution have not materially changed. If the court shall | ||||||
2 | find that the
defendant has failed to make
restitution and | ||||||
3 | that the failure is not wilful, the court may impose an
| ||||||
4 | additional period of time within which to make restitution. | ||||||
5 | The length of
the additional period shall not be more than | ||||||
6 | 2 years. The court shall
retain all of the incidents of the | ||||||
7 | original sentence, including the
authority to modify or | ||||||
8 | enlarge the conditions, and to revoke or further
modify the | ||||||
9 | sentence if the conditions of payment are violated during | ||||||
10 | the
additional period.
| ||||||
11 | (j) The procedure upon the filing of a Petition to | ||||||
12 | Revoke a sentence to
make restitution shall be the same as | ||||||
13 | the procedures set forth in Section
5-6-4 of this Code | ||||||
14 | governing violation, modification, or revocation of
| ||||||
15 | Probation, of Conditional Discharge, or of Supervision.
| ||||||
16 | (k) Nothing contained in this Section shall preclude | ||||||
17 | the right of any
party to proceed in a civil action to | ||||||
18 | recover for any damages incurred due
to the criminal | ||||||
19 | misconduct of the defendant.
| ||||||
20 | (l) Restitution ordered under this Section shall not be
| ||||||
21 | subject to disbursement by the circuit clerk under Section | ||||||
22 | 27.5 of the
Clerks of Courts Act.
| ||||||
23 | (m) A restitution order under this Section is a | ||||||
24 | judgment lien in favor
of
the victim that:
| ||||||
25 | (1) Attaches to the property of the person subject | ||||||
26 | to the order;
|
| |||||||
| |||||||
1 | (2) May be perfected in the same manner as provided | ||||||
2 | in Part 3 of Article
9 of the Uniform Commercial Code;
| ||||||
3 | (3) May be enforced to satisfy any payment that is | ||||||
4 | delinquent under the
restitution order by the person in | ||||||
5 | whose favor the order is issued or the
person's | ||||||
6 | assignee; and
| ||||||
7 | (4) Expires in the same manner as a judgment lien | ||||||
8 | created in a civil
proceeding.
| ||||||
9 | When a restitution order is issued under this Section, | ||||||
10 | the issuing court
shall send a certified copy of the order | ||||||
11 | to the clerk of the circuit court
in the county where the | ||||||
12 | charge was filed. Upon receiving the order, the
clerk shall | ||||||
13 | enter and index the order in the circuit court judgment | ||||||
14 | docket.
| ||||||
15 | (n) An order of restitution under this Section does not | ||||||
16 | bar
a civil action for:
| ||||||
17 | (1) Damages that the court did not require the | ||||||
18 | person to pay to the
victim under the restitution order | ||||||
19 | but arise from an injury or property
damages that is | ||||||
20 | the basis of restitution ordered by the court; and
| ||||||
21 | (2) Other damages suffered by the victim.
| ||||||
22 | The restitution order is not discharged by the
completion | ||||||
23 | of the sentence imposed for the offense.
| ||||||
24 | A restitution order under this Section is not discharged by | ||||||
25 | the
liquidation of a person's estate by a receiver. A | ||||||
26 | restitution order under
this Section may be enforced in the |
| |||||||
| |||||||
1 | same manner as judgment liens are
enforced under Article XII of | ||||||
2 | the Code of Civil Procedure.
| ||||||
3 | The provisions of Section 2-1303 of the Code of Civil | ||||||
4 | Procedure,
providing for interest on judgments, apply to | ||||||
5 | judgments for restitution entered
under this Section.
| ||||||
6 | (Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
7 | 97-482, eff. 1-1-12; 97-817, eff. 1-1-13.)
| ||||||
8 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
9 | (Text of Section before amendment by P.A. 97-831 ) | ||||||
10 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
11 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
12 | finds that in order to protect the public, the
criminal justice | ||||||
13 | system must compel compliance with the conditions of probation
| ||||||
14 | by responding to violations with swift, certain and fair | ||||||
15 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
16 | circuit shall adopt a system of
structured, intermediate | ||||||
17 | sanctions for violations of the terms and conditions
of a | ||||||
18 | sentence of probation, conditional discharge or disposition of
| ||||||
19 | supervision.
| ||||||
20 | (a) Except where specifically prohibited by other
| ||||||
21 | provisions of this Code, the court shall impose a sentence
of | ||||||
22 | probation or conditional discharge upon an offender
unless, | ||||||
23 | having regard to the nature and circumstance of
the offense, | ||||||
24 | and to the history, character and condition
of the offender, | ||||||
25 | the court is of the opinion that:
|
| |||||||
| |||||||
1 | (1) his imprisonment or periodic imprisonment is | ||||||
2 | necessary
for the protection of the public; or
| ||||||
3 | (2) probation or conditional discharge would deprecate
| ||||||
4 | the seriousness of the offender's conduct and would be
| ||||||
5 | inconsistent with the ends of justice; or
| ||||||
6 | (3) a combination of imprisonment with concurrent or | ||||||
7 | consecutive probation when an offender has been admitted | ||||||
8 | into a drug court program under Section 20 of the Drug | ||||||
9 | Court Treatment Act is necessary for the protection of the | ||||||
10 | public and for the rehabilitation of the offender.
| ||||||
11 | The court shall impose as a condition of a sentence of | ||||||
12 | probation,
conditional discharge, or supervision, that the | ||||||
13 | probation agency may invoke any
sanction from the list of | ||||||
14 | intermediate sanctions adopted by the chief judge of
the | ||||||
15 | circuit court for violations of the terms and conditions of the | ||||||
16 | sentence of
probation, conditional discharge, or supervision, | ||||||
17 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
18 | (b) The court may impose a sentence of conditional
| ||||||
19 | discharge for an offense if the court is of the opinion
that | ||||||
20 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
21 | nor of probation supervision is appropriate.
| ||||||
22 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
23 | to a defendant charged with a misdemeanor or felony under the | ||||||
24 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
26 | defendant within the past 12 months has been convicted of or |
| |||||||
| |||||||
1 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
2 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012 . | ||||||
4 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
5 | by the defendant of the facts supporting the charge or a
| ||||||
6 | finding of guilt, defer further proceedings and the
imposition | ||||||
7 | of a sentence, and enter an order for supervision of the | ||||||
8 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
9 | misdemeanor, as
defined by the following provisions of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 : Sections
| ||||||
11 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1 ; 31-1; 31-6; | ||||||
12 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
13 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
14 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
15 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
16 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
17 | receiving an order for supervision as provided in this
| ||||||
18 | subsection, the court may enter an order for supervision after | ||||||
19 | considering the
circumstances of the offense, and the history,
| ||||||
20 | character and condition of the offender, if the court is of the | ||||||
21 | opinion
that:
| ||||||
22 | (1) the offender is not likely to commit further | ||||||
23 | crimes;
| ||||||
24 | (2) the defendant and the public would be best served | ||||||
25 | if the
defendant were not to receive a criminal record; and
| ||||||
26 | (3) in the best interests of justice an order of |
| |||||||
| |||||||
1 | supervision
is more appropriate than a sentence otherwise | ||||||
2 | permitted under this Code.
| ||||||
3 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
4 | apply to a defendant charged with a second or subsequent | ||||||
5 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
6 | committed while his or her driver's license, permit or | ||||||
7 | privileges were revoked because of a violation of Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
9 | relating to the offense of reckless homicide, or a similar | ||||||
10 | provision of a law of another state.
| ||||||
11 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
14 | the defendant has previously been:
| ||||||
15 | (1) convicted for a violation of Section 11-501 of
the | ||||||
16 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
17 | ordinance or any similar law or ordinance of another state; | ||||||
18 | or
| ||||||
19 | (2) assigned supervision for a violation of Section | ||||||
20 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
21 | of a local ordinance or any similar law
or ordinance of | ||||||
22 | another state; or
| ||||||
23 | (3) pleaded guilty to or stipulated to the facts | ||||||
24 | supporting
a charge or a finding of guilty to a violation | ||||||
25 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
26 | provision of a local ordinance or any
similar law or |
| |||||||
| |||||||
1 | ordinance of another state, and the
plea or stipulation was | ||||||
2 | the result of a plea agreement.
| ||||||
3 | The court shall consider the statement of the prosecuting
| ||||||
4 | authority with regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
9 | defendant has within the last 5 years been:
| ||||||
10 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
11 | of the Criminal Code of
1961 or the Criminal Code of 2012 ; | ||||||
12 | or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
15 | Code of 2012 .
| ||||||
16 | The court shall consider the statement of the prosecuting | ||||||
17 | authority with
regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
21 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
22 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance.
| ||||||
24 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
25 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
26 | defendant charged with violating Section
3-707, 3-708, 3-710, |
| |||||||
| |||||||
1 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
2 | of a local ordinance if the
defendant has within the last 5 | ||||||
3 | years been:
| ||||||
4 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
5 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local
ordinance; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
9 | Code or a similar provision of a local
ordinance.
| ||||||
10 | The court shall consider the statement of the prosecuting | ||||||
11 | authority with
regard to the standards set forth in this | ||||||
12 | Section.
| ||||||
13 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
14 | defendant under
the age of 21 years charged with violating a | ||||||
15 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code:
| ||||||
17 | (1) unless the defendant, upon payment of the fines, | ||||||
18 | penalties, and costs
provided by law, agrees to attend and | ||||||
19 | successfully complete a traffic safety
program approved by | ||||||
20 | the court under standards set by the Conference of Chief
| ||||||
21 | Circuit Judges. The accused shall be responsible for | ||||||
22 | payment of any traffic
safety program fees. If the accused | ||||||
23 | fails to file a certificate of
successful completion on or | ||||||
24 | before the termination date of the supervision
order, the | ||||||
25 | supervision shall be summarily revoked and conviction | ||||||
26 | entered. The
provisions of Supreme Court Rule 402 relating |
| |||||||
| |||||||
1 | to pleas of guilty do not apply
in cases when a defendant | ||||||
2 | enters a guilty plea under this provision; or
| ||||||
3 | (2) if the defendant has previously been sentenced | ||||||
4 | under the provisions of
paragraph (c) on or after January | ||||||
5 | 1, 1998 for any serious traffic offense as
defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
7 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant under the age of 21 years charged with an offense | ||||||
9 | against traffic regulations governing the movement of vehicles | ||||||
10 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
11 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
12 | the fines, penalties, and costs provided by law, agrees to | ||||||
13 | attend and successfully complete a traffic safety program | ||||||
14 | approved by the court under standards set by the Conference of | ||||||
15 | Chief Circuit Judges. The accused shall be responsible for | ||||||
16 | payment of any traffic safety program fees. If the accused | ||||||
17 | fails to file a certificate of successful completion on or | ||||||
18 | before the termination date of the supervision order, the | ||||||
19 | supervision shall be summarily revoked and conviction entered. | ||||||
20 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
21 | guilty do not apply in cases when a defendant enters a guilty | ||||||
22 | plea under this provision.
| ||||||
23 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
26 | defendant has been assigned supervision
for a violation of |
| |||||||
| |||||||
1 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
2 | provision of a local ordinance.
| ||||||
3 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
4 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
6 | the revocation or suspension was for a violation of
Section | ||||||
7 | 11-501 or a similar provision of a local ordinance or a | ||||||
8 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
9 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
10 | the last 10 years been:
| ||||||
11 | (1) convicted for a violation of Section 6-303 of the | ||||||
12 | Illinois Vehicle
Code or a similar provision of a local | ||||||
13 | ordinance; or
| ||||||
14 | (2) assigned supervision for a violation of Section | ||||||
15 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
16 | of a local ordinance. | ||||||
17 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
18 | defendant charged with violating
any provision of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance that | ||||||
20 | governs the movement of vehicles if, within the 12 months | ||||||
21 | preceding the date of the defendant's arrest, the defendant has | ||||||
22 | been assigned court supervision on 2 occasions for a violation | ||||||
23 | that governs the movement of vehicles under the Illinois | ||||||
24 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
25 | provisions of this paragraph (k) do not apply to a defendant | ||||||
26 | charged with violating Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code or a similar provision of a local ordinance.
| ||||||
2 | (l) A defendant charged with violating any provision of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance who receives a disposition of supervision under | ||||||
5 | subsection (c) shall pay an additional fee of $29, to be | ||||||
6 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
7 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
8 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
9 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
10 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
11 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
12 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
13 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
14 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
15 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
16 | and Equipment Fund in the State treasury.
| ||||||
17 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
18 | on supervision for a serious traffic violation, as defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
20 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
21 | a similar provision of a local ordinance shall pay an | ||||||
22 | additional fee of $35, to be disbursed as provided in Section | ||||||
23 | 16-104d of that Code. | ||||||
24 | This subsection (m) becomes inoperative 7 years after | ||||||
25 | October 13, 2007 (the effective date of Public Act 95-154).
| ||||||
26 | (n)
The provisions of paragraph (c) shall not apply to any |
| |||||||
| |||||||
1 | person under the age of 18 who commits an offense against | ||||||
2 | traffic regulations governing the movement of vehicles or any | ||||||
3 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
4 | Vehicle Code, except upon personal appearance of the defendant | ||||||
5 | in court and upon the written consent of the defendant's parent | ||||||
6 | or legal guardian, executed before the presiding judge. The | ||||||
7 | presiding judge shall have the authority to waive this | ||||||
8 | requirement upon the showing of good cause by the defendant.
| ||||||
9 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
10 | defendant charged with violating Section 6-303 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance when | ||||||
12 | the suspension was for a violation of Section 11-501.1 of the | ||||||
13 | Illinois Vehicle Code and when: | ||||||
14 | (1) at the time of the violation of Section 11-501.1 of | ||||||
15 | the Illinois Vehicle Code, the defendant was a first | ||||||
16 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
17 | Code and the defendant failed to obtain a monitoring device | ||||||
18 | driving permit; or | ||||||
19 | (2) at the time of the violation of Section 11-501.1 of | ||||||
20 | the Illinois Vehicle Code, the defendant was a first | ||||||
21 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
22 | Code, had subsequently obtained a monitoring device | ||||||
23 | driving permit, but was driving a vehicle not equipped with | ||||||
24 | a breath alcohol ignition interlock device as defined in | ||||||
25 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
26 | (p) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant charged with violating subsection (b) of Section | ||||||
2 | 11-601.5 of the Illinois Vehicle Code or a similar provision of | ||||||
3 | a local ordinance. | ||||||
4 | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | ||||||
5 | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | ||||||
6 | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | ||||||
7 | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||||||
8 | 97-1108, eff. 1-1-13.) | ||||||
9 | (Text of Section after amendment by P.A. 97-831 ) | ||||||
10 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
11 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
12 | finds that in order to protect the public, the
criminal justice | ||||||
13 | system must compel compliance with the conditions of probation
| ||||||
14 | by responding to violations with swift, certain and fair | ||||||
15 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
16 | circuit shall adopt a system of
structured, intermediate | ||||||
17 | sanctions for violations of the terms and conditions
of a | ||||||
18 | sentence of probation, conditional discharge or disposition of
| ||||||
19 | supervision.
| ||||||
20 | (a) Except where specifically prohibited by other
| ||||||
21 | provisions of this Code, the court shall impose a sentence
of | ||||||
22 | probation or conditional discharge upon an offender
unless, | ||||||
23 | having regard to the nature and circumstance of
the offense, | ||||||
24 | and to the history, character and condition
of the offender, | ||||||
25 | the court is of the opinion that:
|
| |||||||
| |||||||
1 | (1) his imprisonment or periodic imprisonment is | ||||||
2 | necessary
for the protection of the public; or
| ||||||
3 | (2) probation or conditional discharge would deprecate
| ||||||
4 | the seriousness of the offender's conduct and would be
| ||||||
5 | inconsistent with the ends of justice; or
| ||||||
6 | (3) a combination of imprisonment with concurrent or | ||||||
7 | consecutive probation when an offender has been admitted | ||||||
8 | into a drug court program under Section 20 of the Drug | ||||||
9 | Court Treatment Act is necessary for the protection of the | ||||||
10 | public and for the rehabilitation of the offender.
| ||||||
11 | The court shall impose as a condition of a sentence of | ||||||
12 | probation,
conditional discharge, or supervision, that the | ||||||
13 | probation agency may invoke any
sanction from the list of | ||||||
14 | intermediate sanctions adopted by the chief judge of
the | ||||||
15 | circuit court for violations of the terms and conditions of the | ||||||
16 | sentence of
probation, conditional discharge, or supervision, | ||||||
17 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
18 | (b) The court may impose a sentence of conditional
| ||||||
19 | discharge for an offense if the court is of the opinion
that | ||||||
20 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
21 | nor of probation supervision is appropriate.
| ||||||
22 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
23 | to a defendant charged with a misdemeanor or felony under the | ||||||
24 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
26 | defendant within the past 12 months has been convicted of or |
| |||||||
| |||||||
1 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
2 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012 . | ||||||
4 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
5 | by the defendant of the facts supporting the charge or a
| ||||||
6 | finding of guilt, defer further proceedings and the
imposition | ||||||
7 | of a sentence, and enter an order for supervision of the | ||||||
8 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
9 | misdemeanor, as
defined by the following provisions of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 : Sections
| ||||||
11 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1 ; 31-1; 31-6; | ||||||
12 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
13 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
14 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
15 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
16 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
17 | receiving an order for supervision as provided in this
| ||||||
18 | subsection, the court may enter an order for supervision after | ||||||
19 | considering the
circumstances of the offense, and the history,
| ||||||
20 | character and condition of the offender, if the court is of the | ||||||
21 | opinion
that:
| ||||||
22 | (1) the offender is not likely to commit further | ||||||
23 | crimes;
| ||||||
24 | (2) the defendant and the public would be best served | ||||||
25 | if the
defendant were not to receive a criminal record; and
| ||||||
26 | (3) in the best interests of justice an order of |
| |||||||
| |||||||
1 | supervision
is more appropriate than a sentence otherwise | ||||||
2 | permitted under this Code.
| ||||||
3 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
4 | apply to a defendant charged with a second or subsequent | ||||||
5 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
6 | committed while his or her driver's license, permit or | ||||||
7 | privileges were revoked because of a violation of Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
9 | relating to the offense of reckless homicide, or a similar | ||||||
10 | provision of a law of another state.
| ||||||
11 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
14 | the defendant has previously been:
| ||||||
15 | (1) convicted for a violation of Section 11-501 of
the | ||||||
16 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
17 | ordinance or any similar law or ordinance of another state; | ||||||
18 | or
| ||||||
19 | (2) assigned supervision for a violation of Section | ||||||
20 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
21 | of a local ordinance or any similar law
or ordinance of | ||||||
22 | another state; or
| ||||||
23 | (3) pleaded guilty to or stipulated to the facts | ||||||
24 | supporting
a charge or a finding of guilty to a violation | ||||||
25 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
26 | provision of a local ordinance or any
similar law or |
| |||||||
| |||||||
1 | ordinance of another state, and the
plea or stipulation was | ||||||
2 | the result of a plea agreement.
| ||||||
3 | The court shall consider the statement of the prosecuting
| ||||||
4 | authority with regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
9 | defendant has within the last 5 years been:
| ||||||
10 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
11 | of the Criminal Code of
1961 or the Criminal Code of 2012 ; | ||||||
12 | or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
15 | Code of 2012 .
| ||||||
16 | The court shall consider the statement of the prosecuting | ||||||
17 | authority with
regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
21 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
22 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance.
| ||||||
24 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
25 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
26 | defendant charged with violating Section
3-707, 3-708, 3-710, |
| |||||||
| |||||||
1 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
2 | of a local ordinance if the
defendant has within the last 5 | ||||||
3 | years been:
| ||||||
4 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
5 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local
ordinance; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
9 | Code or a similar provision of a local
ordinance.
| ||||||
10 | The court shall consider the statement of the prosecuting | ||||||
11 | authority with
regard to the standards set forth in this | ||||||
12 | Section.
| ||||||
13 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
14 | defendant under
the age of 21 years charged with violating a | ||||||
15 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code:
| ||||||
17 | (1) unless the defendant, upon payment of the fines, | ||||||
18 | penalties, and costs
provided by law, agrees to attend and | ||||||
19 | successfully complete a traffic safety
program approved by | ||||||
20 | the court under standards set by the Conference of Chief
| ||||||
21 | Circuit Judges. The accused shall be responsible for | ||||||
22 | payment of any traffic
safety program fees. If the accused | ||||||
23 | fails to file a certificate of
successful completion on or | ||||||
24 | before the termination date of the supervision
order, the | ||||||
25 | supervision shall be summarily revoked and conviction | ||||||
26 | entered. The
provisions of Supreme Court Rule 402 relating |
| |||||||
| |||||||
1 | to pleas of guilty do not apply
in cases when a defendant | ||||||
2 | enters a guilty plea under this provision; or
| ||||||
3 | (2) if the defendant has previously been sentenced | ||||||
4 | under the provisions of
paragraph (c) on or after January | ||||||
5 | 1, 1998 for any serious traffic offense as
defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
7 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant under the age of 21 years charged with an offense | ||||||
9 | against traffic regulations governing the movement of vehicles | ||||||
10 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
11 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
12 | the fines, penalties, and costs provided by law, agrees to | ||||||
13 | attend and successfully complete a traffic safety program | ||||||
14 | approved by the court under standards set by the Conference of | ||||||
15 | Chief Circuit Judges. The accused shall be responsible for | ||||||
16 | payment of any traffic safety program fees. If the accused | ||||||
17 | fails to file a certificate of successful completion on or | ||||||
18 | before the termination date of the supervision order, the | ||||||
19 | supervision shall be summarily revoked and conviction entered. | ||||||
20 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
21 | guilty do not apply in cases when a defendant enters a guilty | ||||||
22 | plea under this provision.
| ||||||
23 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
26 | defendant has been assigned supervision
for a violation of |
| |||||||
| |||||||
1 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
2 | provision of a local ordinance.
| ||||||
3 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
4 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
6 | the revocation or suspension was for a violation of
Section | ||||||
7 | 11-501 or a similar provision of a local ordinance or a | ||||||
8 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
9 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
10 | the last 10 years been:
| ||||||
11 | (1) convicted for a violation of Section 6-303 of the | ||||||
12 | Illinois Vehicle
Code or a similar provision of a local | ||||||
13 | ordinance; or
| ||||||
14 | (2) assigned supervision for a violation of Section | ||||||
15 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
16 | of a local ordinance. | ||||||
17 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
18 | defendant charged with violating
any provision of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance that | ||||||
20 | governs the movement of vehicles if, within the 12 months | ||||||
21 | preceding the date of the defendant's arrest, the defendant has | ||||||
22 | been assigned court supervision on 2 occasions for a violation | ||||||
23 | that governs the movement of vehicles under the Illinois | ||||||
24 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
25 | provisions of this paragraph (k) do not apply to a defendant | ||||||
26 | charged with violating Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code or a similar provision of a local ordinance.
| ||||||
2 | (l) A defendant charged with violating any provision of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance who receives a disposition of supervision under | ||||||
5 | subsection (c) shall pay an additional fee of $29, to be | ||||||
6 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
7 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
8 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
9 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
10 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
11 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
12 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
13 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
14 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
15 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
16 | and Equipment Fund in the State treasury.
| ||||||
17 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
18 | on supervision for a serious traffic violation, as defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
20 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
21 | a similar provision of a local ordinance shall pay an | ||||||
22 | additional fee of $35, to be disbursed as provided in Section | ||||||
23 | 16-104d of that Code. | ||||||
24 | This subsection (m) becomes inoperative 7 years after | ||||||
25 | October 13, 2007 (the effective date of Public Act 95-154).
| ||||||
26 | (n)
The provisions of paragraph (c) shall not apply to any |
| |||||||
| |||||||
1 | person under the age of 18 who commits an offense against | ||||||
2 | traffic regulations governing the movement of vehicles or any | ||||||
3 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
4 | Vehicle Code, except upon personal appearance of the defendant | ||||||
5 | in court and upon the written consent of the defendant's parent | ||||||
6 | or legal guardian, executed before the presiding judge. The | ||||||
7 | presiding judge shall have the authority to waive this | ||||||
8 | requirement upon the showing of good cause by the defendant.
| ||||||
9 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
10 | defendant charged with violating Section 6-303 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance when | ||||||
12 | the suspension was for a violation of Section 11-501.1 of the | ||||||
13 | Illinois Vehicle Code and when: | ||||||
14 | (1) at the time of the violation of Section 11-501.1 of | ||||||
15 | the Illinois Vehicle Code, the defendant was a first | ||||||
16 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
17 | Code and the defendant failed to obtain a monitoring device | ||||||
18 | driving permit; or | ||||||
19 | (2) at the time of the violation of Section 11-501.1 of | ||||||
20 | the Illinois Vehicle Code, the defendant was a first | ||||||
21 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
22 | Code, had subsequently obtained a monitoring device | ||||||
23 | driving permit, but was driving a vehicle not equipped with | ||||||
24 | a breath alcohol ignition interlock device as defined in | ||||||
25 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
26 | (p) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant charged with violating Section 11-601.5 of the | ||||||
2 | Illinois Vehicle Code or a similar provision of a local | ||||||
3 | ordinance. | ||||||
4 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
5 | defendant charged with violating subsection (b) of Section | ||||||
6 | 11-601 of the Illinois Vehicle Code when the defendant was | ||||||
7 | operating a vehicle, in an urban district, at a speed in excess | ||||||
8 | of 25 miles per hour over the posted speed limit. | ||||||
9 | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | ||||||
10 | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | ||||||
11 | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | ||||||
12 | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-831, | ||||||
13 | eff. 7-1-13; 97-1108, eff. 1-1-13; revised 9-20-12.) | ||||||
14 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
15 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
16 | Discharge.
| ||||||
17 | (a) The conditions of probation and of conditional | ||||||
18 | discharge shall be
that the person:
| ||||||
19 | (1) not violate any criminal statute of any | ||||||
20 | jurisdiction;
| ||||||
21 | (2) report to or appear in person before such person or | ||||||
22 | agency as
directed by the court;
| ||||||
23 | (3) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon where the offense is a felony or, if a | ||||||
25 | misdemeanor, the offense involved the intentional or |
| |||||||
| |||||||
1 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
2 | (4) not leave the State without the consent of the | ||||||
3 | court or, in
circumstances in which the reason for the | ||||||
4 | absence is of such an emergency
nature that prior consent | ||||||
5 | by the court is not possible, without the prior
| ||||||
6 | notification and approval of the person's probation
| ||||||
7 | officer. Transfer of a person's probation or conditional | ||||||
8 | discharge
supervision to another state is subject to | ||||||
9 | acceptance by the other state
pursuant to the Interstate | ||||||
10 | Compact for Adult Offender Supervision;
| ||||||
11 | (5) permit the probation officer to visit
him at his | ||||||
12 | home or elsewhere
to the extent necessary to discharge his | ||||||
13 | duties;
| ||||||
14 | (6) perform no less than 30 hours of community service | ||||||
15 | and not more than
120 hours of community service, if | ||||||
16 | community service is available in the
jurisdiction and is | ||||||
17 | funded and approved by the county board where the offense
| ||||||
18 | was committed, where the offense was related to or in | ||||||
19 | furtherance of the
criminal activities of an organized gang | ||||||
20 | and was motivated by the offender's
membership in or | ||||||
21 | allegiance to an organized gang. The community service | ||||||
22 | shall
include, but not be limited to, the cleanup and | ||||||
23 | repair of any damage caused by
a violation of Section | ||||||
24 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012 and similar damage
to property located within the | ||||||
26 | municipality or county in which the violation
occurred. |
| |||||||
| |||||||
1 | When possible and reasonable, the community service should | ||||||
2 | be
performed in the offender's neighborhood. For purposes | ||||||
3 | of this Section,
"organized gang" has the meaning ascribed | ||||||
4 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
5 | Omnibus Prevention Act;
| ||||||
6 | (7) if he or she is at least 17 years of age and has | ||||||
7 | been sentenced to
probation or conditional discharge for a | ||||||
8 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
9 | inhabitants and has not been previously convicted of a
| ||||||
10 | misdemeanor or felony, may be required by the sentencing | ||||||
11 | court to attend
educational courses designed to prepare the | ||||||
12 | defendant for a high school diploma
and to work toward a | ||||||
13 | high school diploma or to work toward passing the high
| ||||||
14 | school level Test of General Educational Development (GED) | ||||||
15 | or to work toward
completing a vocational training program | ||||||
16 | approved by the court. The person on
probation or | ||||||
17 | conditional discharge must attend a public institution of
| ||||||
18 | education to obtain the educational or vocational training | ||||||
19 | required by this
clause (7). The court shall revoke the | ||||||
20 | probation or conditional discharge of a
person who wilfully | ||||||
21 | fails to comply with this clause (7). The person on
| ||||||
22 | probation or conditional discharge shall be required to pay | ||||||
23 | for the cost of the
educational courses or GED test, if a | ||||||
24 | fee is charged for those courses or
test. The court shall | ||||||
25 | resentence the offender whose probation or conditional
| ||||||
26 | discharge has been revoked as provided in Section 5-6-4. |
| |||||||
| |||||||
1 | This clause (7) does
not apply to a person who has a high | ||||||
2 | school diploma or has successfully passed
the GED test. | ||||||
3 | This clause (7) does not apply to a person who is | ||||||
4 | determined by
the court to be developmentally disabled or | ||||||
5 | otherwise mentally incapable of
completing the educational | ||||||
6 | or vocational program;
| ||||||
7 | (8) if convicted of possession of a substance | ||||||
8 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
9 | Controlled Substances Act, or the Methamphetamine Control | ||||||
10 | and Community Protection Act
after a previous conviction or | ||||||
11 | disposition of supervision for possession of a
substance | ||||||
12 | prohibited by the Cannabis Control Act or Illinois | ||||||
13 | Controlled
Substances Act or after a sentence of probation | ||||||
14 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
15 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
16 | the Methamphetamine Control and Community Protection Act | ||||||
17 | and upon a
finding by the court that the person is | ||||||
18 | addicted, undergo treatment at a
substance abuse program | ||||||
19 | approved by the court;
| ||||||
20 | (8.5) if convicted of a felony sex offense as defined | ||||||
21 | in the Sex
Offender
Management Board Act, the person shall | ||||||
22 | undergo and successfully complete sex
offender treatment | ||||||
23 | by a treatment provider approved by the Board and conducted
| ||||||
24 | in conformance with the standards developed under the Sex
| ||||||
25 | Offender Management Board Act;
| ||||||
26 | (8.6) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender Management Board Act, refrain from residing at | ||||||
2 | the same address or in the same condominium unit or | ||||||
3 | apartment unit or in the same condominium complex or | ||||||
4 | apartment complex with another person he or she knows or | ||||||
5 | reasonably should know is a convicted sex offender or has | ||||||
6 | been placed on supervision for a sex offense; the | ||||||
7 | provisions of this paragraph do not apply to a person | ||||||
8 | convicted of a sex offense who is placed in a Department of | ||||||
9 | Corrections licensed transitional housing facility for sex | ||||||
10 | offenders; | ||||||
11 | (8.7) if convicted for an offense committed on or after | ||||||
12 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
13 | would qualify the accused as a child sex offender as | ||||||
14 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012 , refrain from | ||||||
16 | communicating with or contacting, by means of the Internet, | ||||||
17 | a person who is not related to the accused and whom the | ||||||
18 | accused reasonably believes to be under 18 years of age; | ||||||
19 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
20 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
21 | Code of 2012 1961 ; and a person is not related to the | ||||||
22 | accused if the person is not: (i) the spouse, brother, or | ||||||
23 | sister of the accused; (ii) a descendant of the accused; | ||||||
24 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
25 | step-child or adopted child of the accused; | ||||||
26 | (8.8) if convicted for an offense under Section 11-6, |
| |||||||
| |||||||
1 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
2 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
4 | or any attempt to commit any of these offenses, committed | ||||||
5 | on or after June 1, 2009 (the effective date of Public Act | ||||||
6 | 95-983): | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the offender's probation officer, | ||||||
10 | except in connection with the offender's employment or | ||||||
11 | search for employment with the prior approval of the | ||||||
12 | offender's probation officer; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's probation | ||||||
16 | officer, a law enforcement officer, or assigned | ||||||
17 | computer or information technology specialist, | ||||||
18 | including the retrieval and copying of all data from | ||||||
19 | the computer or device and any internal or external | ||||||
20 | peripherals and removal of such information, | ||||||
21 | equipment, or device to conduct a more thorough | ||||||
22 | inspection; | ||||||
23 | (iii) submit to the installation on the offender's | ||||||
24 | computer or device with Internet capability, at the | ||||||
25 | offender's expense, of one or more hardware or software | ||||||
26 | systems to monitor the Internet use; and |
| |||||||
| |||||||
1 | (iv) submit to any other appropriate restrictions | ||||||
2 | concerning the offender's use of or access to a | ||||||
3 | computer or any other device with Internet capability | ||||||
4 | imposed by the offender's probation officer; | ||||||
5 | (8.9) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Registration Act committed on or after January | ||||||
7 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
8 | from accessing or using a social networking website as | ||||||
9 | defined in Section 17-0.5 of the Criminal Code of 2012 | ||||||
10 | 1961 ;
| ||||||
11 | (9) if convicted of a felony or of any misdemeanor | ||||||
12 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
13 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
15 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
16 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
17 | at a time and place
designated by the court, his or her | ||||||
18 | Firearm
Owner's Identification Card and
any and all | ||||||
19 | firearms in
his or her possession. The Court shall return | ||||||
20 | to the Department of State Police Firearm Owner's | ||||||
21 | Identification Card Office the person's Firearm Owner's | ||||||
22 | Identification Card;
| ||||||
23 | (10) if convicted of a sex offense as defined in | ||||||
24 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
25 | offender is a parent or guardian of the person under 18 | ||||||
26 | years of age present in the home and no non-familial minors |
| |||||||
| |||||||
1 | are present, not participate in a holiday event involving | ||||||
2 | children under 18 years of age, such as distributing candy | ||||||
3 | or other items to children on Halloween, wearing a Santa | ||||||
4 | Claus costume on or preceding Christmas, being employed as | ||||||
5 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
6 | costume on or preceding Easter; | ||||||
7 | (11) if convicted of a sex offense as defined in | ||||||
8 | Section 2 of the Sex Offender Registration Act committed on | ||||||
9 | or after January 1, 2010 (the effective date of Public Act | ||||||
10 | 96-362) that requires the person to register as a sex | ||||||
11 | offender under that Act, may not knowingly use any computer | ||||||
12 | scrub software on any computer that the sex offender uses; | ||||||
13 | and | ||||||
14 | (12) if convicted of a violation of the Methamphetamine | ||||||
15 | Control and Community Protection Act, the Methamphetamine
| ||||||
16 | Precursor Control Act, or a methamphetamine related | ||||||
17 | offense: | ||||||
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 | (b) The Court may in addition to other reasonable | ||||||
25 | conditions relating to the
nature of the offense or the | ||||||
26 | rehabilitation of the defendant as determined for
each |
| |||||||
| |||||||
1 | defendant in the proper discretion of the Court require that | ||||||
2 | the person:
| ||||||
3 | (1) serve a term of periodic imprisonment under Article | ||||||
4 | 7 for a
period not to exceed that specified in paragraph | ||||||
5 | (d) of Section 5-7-1;
| ||||||
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) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home;
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is convicted of a crime of | ||||||
24 | violence as
defined in
Section 2 of the Crime Victims | ||||||
25 | Compensation Act committed in a school, on the
real
| ||||||
26 | property
comprising a school, or within 1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising a
school;
| ||||||
2 | (8) make restitution as provided in Section 5-5-6 of | ||||||
3 | this Code;
| ||||||
4 | (9) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (10) serve a term of home confinement. In addition to | ||||||
7 | any other
applicable condition of probation or conditional | ||||||
8 | discharge, the
conditions of home confinement shall be that | ||||||
9 | the offender:
| ||||||
10 | (i) remain within the interior premises of the | ||||||
11 | place designated for
his confinement during the hours | ||||||
12 | designated by the court;
| ||||||
13 | (ii) admit any person or agent designated by the | ||||||
14 | court into the
offender's place of confinement at any | ||||||
15 | time for purposes of verifying
the offender's | ||||||
16 | compliance with the conditions of his confinement; and
| ||||||
17 | (iii) if further deemed necessary by the court or | ||||||
18 | the
Probation or
Court Services Department, be placed | ||||||
19 | on an approved
electronic monitoring device, subject | ||||||
20 | to Article 8A of Chapter V;
| ||||||
21 | (iv) for persons convicted of any alcohol, | ||||||
22 | cannabis or controlled
substance violation who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose a
reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the offender to pay the | ||||||
3 | fee, the court assesses a lesser fee or no
fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee shall be
collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee to the county | ||||||
9 | treasurer
for deposit in the substance abuse services | ||||||
10 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee
to the county | ||||||
25 | treasurer who shall use the monies collected to defray | ||||||
26 | the
costs of corrections. The county treasurer shall |
| |||||||
| |||||||
1 | deposit the fee
collected in the probation and court | ||||||
2 | services fund.
| ||||||
3 | (11) comply with the terms and conditions of an order | ||||||
4 | of protection issued
by the court pursuant to the Illinois | ||||||
5 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
6 | or an order of protection issued by the court of
another | ||||||
7 | state, tribe, or United States territory. A copy of the | ||||||
8 | order of
protection shall be
transmitted to the probation | ||||||
9 | officer or agency
having responsibility for the case;
| ||||||
10 | (12) reimburse any "local anti-crime program" as | ||||||
11 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
12 | for any reasonable expenses incurred
by the program on the | ||||||
13 | offender's case, not to exceed the maximum amount of
the | ||||||
14 | fine authorized for the offense for which the defendant was | ||||||
15 | sentenced;
| ||||||
16 | (13) contribute a reasonable sum of money, not to | ||||||
17 | exceed the maximum
amount of the fine authorized for the
| ||||||
18 | offense for which the defendant was sentenced, (i) to a | ||||||
19 | "local anti-crime
program", as defined in Section 7 of the | ||||||
20 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
21 | the jurisdiction of the Department of Natural Resources, to | ||||||
22 | the fund established by the Department of Natural Resources | ||||||
23 | for the purchase of evidence for investigation purposes and | ||||||
24 | to conduct investigations as outlined in Section 805-105 of | ||||||
25 | the Department of Natural Resources (Conservation) Law;
| ||||||
26 | (14) refrain from entering into a designated |
| |||||||
| |||||||
1 | geographic area except upon
such terms as the court finds | ||||||
2 | appropriate. Such terms may include
consideration of the | ||||||
3 | purpose of the entry, the time of day, other persons
| ||||||
4 | accompanying the defendant, and advance approval by a
| ||||||
5 | probation officer, if
the defendant has been placed on | ||||||
6 | probation or advance approval by the
court, if the | ||||||
7 | defendant was placed on conditional discharge;
| ||||||
8 | (15) refrain from having any contact, directly or | ||||||
9 | indirectly, with
certain specified persons or particular | ||||||
10 | types of persons, including but not
limited to members of | ||||||
11 | street gangs and drug users or dealers;
| ||||||
12 | (16) refrain from having in his or her body the | ||||||
13 | presence of any illicit
drug prohibited by the Cannabis | ||||||
14 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
15 | Methamphetamine Control and Community Protection Act, | ||||||
16 | unless prescribed by a physician, and submit samples of
his | ||||||
17 | or her blood or urine or both for tests to determine the | ||||||
18 | presence of any
illicit drug;
| ||||||
19 | (17) if convicted for an offense committed on or after | ||||||
20 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
21 | would qualify the accused as a child sex offender as | ||||||
22 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 , refrain from | ||||||
24 | communicating with or contacting, by means of the Internet, | ||||||
25 | a person who is related to the accused and whom the accused | ||||||
26 | reasonably believes to be under 18 years of age; for |
| |||||||
| |||||||
1 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
2 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
3 | 2012 1961 ; and a person is related to the accused if the | ||||||
4 | person is: (i) the spouse, brother, or sister of the | ||||||
5 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
6 | second cousin of the accused; or (iv) a step-child or | ||||||
7 | adopted child of the accused; | ||||||
8 | (18) if convicted for an offense committed on or after | ||||||
9 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
10 | would qualify as a sex offense as defined in the Sex | ||||||
11 | Offender Registration Act: | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the offender's probation officer, | ||||||
15 | except in connection with the offender's employment or | ||||||
16 | search for employment with the prior approval of the | ||||||
17 | offender's probation officer; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's probation | ||||||
21 | officer, a law enforcement officer, or assigned | ||||||
22 | computer or information technology specialist, | ||||||
23 | including the retrieval and copying of all data from | ||||||
24 | the computer or device and any internal or external | ||||||
25 | peripherals and removal of such information, | ||||||
26 | equipment, or device to conduct a more thorough |
| |||||||
| |||||||
1 | inspection; | ||||||
2 | (iii) submit to the installation on the offender's | ||||||
3 | computer or device with Internet capability, at the | ||||||
4 | subject's expense, of one or more hardware or software | ||||||
5 | systems to monitor the Internet use; and | ||||||
6 | (iv) submit to any other appropriate restrictions | ||||||
7 | concerning the offender's use of or access to a | ||||||
8 | computer or any other device with Internet capability | ||||||
9 | imposed by the offender's probation officer; and | ||||||
10 | (19) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon where the offense is a misdemeanor that | ||||||
12 | did not involve the intentional or knowing infliction of | ||||||
13 | bodily harm or threat of bodily harm. | ||||||
14 | (c) The court may as a condition of probation or of | ||||||
15 | conditional
discharge require that a person under 18 years of | ||||||
16 | age found guilty of any
alcohol, cannabis or controlled | ||||||
17 | substance violation, refrain from acquiring
a driver's license | ||||||
18 | during
the period of probation or conditional discharge. If | ||||||
19 | such person
is in possession of a permit or license, the court | ||||||
20 | may require that
the minor refrain from driving or operating | ||||||
21 | any motor vehicle during the
period of probation or conditional | ||||||
22 | discharge, except as may be necessary in
the course of the | ||||||
23 | minor's lawful employment.
| ||||||
24 | (d) An offender sentenced to probation or to conditional | ||||||
25 | discharge
shall be given a certificate setting forth the | ||||||
26 | conditions thereof.
|
| |||||||
| |||||||
1 | (e) Except where the offender has committed a fourth or | ||||||
2 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
3 | Illinois Vehicle Code,
the court shall not require as a | ||||||
4 | condition of the sentence of
probation or conditional discharge | ||||||
5 | that the offender be committed to a
period of imprisonment in | ||||||
6 | excess of 6 months.
This 6 month limit shall not include | ||||||
7 | periods of confinement given pursuant to
a sentence of county | ||||||
8 | impact incarceration under Section 5-8-1.2.
| ||||||
9 | Persons committed to imprisonment as a condition of | ||||||
10 | probation or
conditional discharge shall not be committed to | ||||||
11 | the Department of
Corrections.
| ||||||
12 | (f) The court may combine a sentence of periodic | ||||||
13 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
14 | incarceration program under
Article 8 with a sentence of | ||||||
15 | probation or conditional discharge.
| ||||||
16 | (g) An offender sentenced to probation or to conditional | ||||||
17 | discharge and
who during the term of either undergoes mandatory | ||||||
18 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
19 | on an approved electronic monitoring
device, shall be ordered | ||||||
20 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
21 | testing, or both, and all costs
incidental to such approved | ||||||
22 | electronic monitoring in accordance with the
defendant's | ||||||
23 | ability to pay those costs. The county board with
the | ||||||
24 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
25 | the county is located shall establish reasonable fees for
the | ||||||
26 | cost of maintenance, testing, and incidental expenses related |
| |||||||
| |||||||
1 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
2 | costs incidental to
approved electronic monitoring, involved | ||||||
3 | in a successful probation program
for the county. The | ||||||
4 | concurrence of the Chief Judge shall be in the form of
an | ||||||
5 | administrative order.
The fees shall be collected by the clerk | ||||||
6 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
7 | all moneys collected from these fees to the county
treasurer | ||||||
8 | who shall use the moneys collected to defray the costs of
drug | ||||||
9 | testing, alcohol testing, and electronic monitoring.
The | ||||||
10 | county treasurer shall deposit the fees collected in the
county | ||||||
11 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
12 | the
Counties Code, as the case may be.
| ||||||
13 | (h) Jurisdiction over an offender may be transferred from | ||||||
14 | the
sentencing court to the court of another circuit with the | ||||||
15 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
16 | jurisdiction are also
authorized in the same manner. The court | ||||||
17 | to which jurisdiction has been
transferred shall have the same | ||||||
18 | powers as the sentencing court.
The probation department within | ||||||
19 | the circuit to which jurisdiction has been transferred may | ||||||
20 | impose probation fees upon receiving the transferred offender, | ||||||
21 | as provided in subsection (i). The probation department from | ||||||
22 | the original sentencing court shall retain all probation fees | ||||||
23 | collected prior to the transfer.
| ||||||
24 | (i) The court shall impose upon an offender
sentenced to | ||||||
25 | probation after January 1, 1989 or to conditional discharge
| ||||||
26 | after January 1, 1992 or to community service under the |
| |||||||
| |||||||
1 | supervision of a
probation or court services department after | ||||||
2 | January 1, 2004, as a condition of such probation or | ||||||
3 | conditional
discharge or supervised community service, a fee of | ||||||
4 | $50
for each month of probation or
conditional
discharge | ||||||
5 | supervision or supervised community service ordered by the | ||||||
6 | court, unless after
determining the inability of the person | ||||||
7 | sentenced to probation or conditional
discharge or supervised | ||||||
8 | community service to pay the
fee, the court assesses a lesser | ||||||
9 | fee. The court may not impose the fee on a
minor who is made a | ||||||
10 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
11 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
12 | an offender who is actively supervised by the
probation and | ||||||
13 | court services
department. The fee shall be collected by the | ||||||
14 | clerk
of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies
collected from this fee to the county | ||||||
16 | treasurer for deposit in the
probation and court services fund | ||||||
17 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
18 | A circuit court may not impose a probation fee under this | ||||||
19 | subsection (i) in excess of $25
per month unless the circuit | ||||||
20 | court has adopted, by administrative
order issued by the chief | ||||||
21 | judge, a standard probation fee guide
determining an offender's | ||||||
22 | ability to pay Of the
amount collected as a probation fee, up | ||||||
23 | to $5 of that fee
collected per month may be used to provide | ||||||
24 | services to crime victims
and their families. | ||||||
25 | The Court may only waive probation fees based on an | ||||||
26 | offender's ability to pay. The probation department may |
| |||||||
| |||||||
1 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
2 | with the approval of the Director of Court Services or the | ||||||
3 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
4 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
5 | offender that has been assigned to the supervision of a | ||||||
6 | probation department, or has been transferred either under | ||||||
7 | subsection (h) of this Section or under any interstate compact, | ||||||
8 | shall be required to pay probation fees to the department | ||||||
9 | supervising the offender, based on the offender's ability to | ||||||
10 | pay.
| ||||||
11 | This amendatory Act of the 93rd General Assembly deletes | ||||||
12 | the $10 increase in the fee under this subsection that was | ||||||
13 | imposed by Public Act 93-616. This deletion is intended to | ||||||
14 | control over any other Act of the 93rd General Assembly that | ||||||
15 | retains or incorporates that fee increase. | ||||||
16 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
17 | of this Section, in the case of an offender convicted of a | ||||||
18 | felony sex offense (as defined in the Sex Offender Management | ||||||
19 | Board Act) or an offense that the court or probation department | ||||||
20 | has determined to be sexually motivated (as defined in the Sex | ||||||
21 | Offender Management Board Act), the court or the probation | ||||||
22 | department shall assess additional fees to pay for all costs of | ||||||
23 | treatment, assessment, evaluation for risk and treatment, and | ||||||
24 | monitoring the offender, based on that offender's ability to | ||||||
25 | pay those costs either as they occur or under a payment plan. | ||||||
26 | (j) All fines and costs imposed under this Section for any |
| |||||||
| |||||||
1 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
2 | Code, or a similar
provision of a local ordinance, and any | ||||||
3 | violation of the Child Passenger
Protection Act, or a similar | ||||||
4 | provision of a local ordinance, shall be
collected and | ||||||
5 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
6 | of the Clerks of Courts Act.
| ||||||
7 | (k) Any offender who is sentenced to probation or | ||||||
8 | conditional discharge for a felony sex offense as defined in | ||||||
9 | the Sex Offender Management Board Act or any offense that the | ||||||
10 | court or probation department has determined to be sexually | ||||||
11 | motivated as defined in the Sex Offender Management Board Act | ||||||
12 | shall be required to refrain from any contact, directly or | ||||||
13 | indirectly, with any persons specified by the court and shall | ||||||
14 | be available for all evaluations and treatment programs | ||||||
15 | required by the court or the probation department.
| ||||||
16 | (l) The court may order an offender who is sentenced to | ||||||
17 | probation or conditional
discharge for a violation of an order | ||||||
18 | of protection be placed under electronic surveillance as | ||||||
19 | provided in Section 5-8A-7 of this Code. | ||||||
20 | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
21 | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | ||||||
22 | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | ||||||
23 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
24 | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
25 | 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
2 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
3 | (a) When a defendant is placed on supervision, the court | ||||||
4 | shall enter
an order for supervision specifying the period of | ||||||
5 | such supervision, and
shall defer further proceedings in the | ||||||
6 | case until the conclusion of the
period.
| ||||||
7 | (b) The period of supervision shall be reasonable under all | ||||||
8 | of the
circumstances of the case, but may not be longer than 2 | ||||||
9 | years, unless the
defendant has failed to pay the assessment | ||||||
10 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
11 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
12 | of the Methamphetamine Control and Community Protection Act, in | ||||||
13 | which case the court may extend supervision beyond 2 years.
| ||||||
14 | Additionally, the court shall order the defendant to perform no | ||||||
15 | less than 30
hours of community service and not more than 120 | ||||||
16 | hours of community service, if
community service is available | ||||||
17 | in the
jurisdiction and is funded and approved by the county | ||||||
18 | board where the offense
was committed,
when the offense (1) was
| ||||||
19 | related to or in furtherance of the criminal activities of an | ||||||
20 | organized gang or
was motivated by the defendant's membership | ||||||
21 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
22 | any Section of Article 24 of the Criminal
Code of 1961 or the | ||||||
23 | Criminal Code of 2012 where a disposition of supervision is not | ||||||
24 | prohibited by Section
5-6-1 of this Code.
The
community service | ||||||
25 | shall include, but not be limited to, the cleanup and repair
of | ||||||
26 | any damage caused by violation of Section 21-1.3 of the |
| |||||||
| |||||||
1 | Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||||||
2 | damages to property located within the municipality or county
| ||||||
3 | in which the violation occurred. Where possible and reasonable, | ||||||
4 | the community
service should be performed in the offender's | ||||||
5 | neighborhood.
| ||||||
6 | For the purposes of this
Section, "organized gang" has the | ||||||
7 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act.
| ||||||
9 | (c) The court may in addition to other reasonable | ||||||
10 | conditions
relating to the nature of the offense or the | ||||||
11 | rehabilitation of the
defendant as determined for each | ||||||
12 | defendant in the proper discretion of
the court require that | ||||||
13 | the person:
| ||||||
14 | (1) make a report to and appear in person before or | ||||||
15 | participate with
the court or such courts, person, or | ||||||
16 | social service agency as directed
by the court in the order | ||||||
17 | of supervision;
| ||||||
18 | (2) pay a fine and costs;
| ||||||
19 | (3) work or pursue a course of study or vocational | ||||||
20 | training;
| ||||||
21 | (4) undergo medical, psychological or psychiatric | ||||||
22 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
23 | (5) attend or reside in a facility established for the | ||||||
24 | instruction
or residence of defendants on probation;
| ||||||
25 | (6) support his dependents;
| ||||||
26 | (7) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon;
| ||||||
2 | (8) and in addition, if a minor:
| ||||||
3 | (i) reside with his parents or in a foster home;
| ||||||
4 | (ii) attend school;
| ||||||
5 | (iii) attend a non-residential program for youth;
| ||||||
6 | (iv) contribute to his own support at home or in a | ||||||
7 | foster home; or
| ||||||
8 | (v) with the consent of the superintendent of the
| ||||||
9 | facility, attend an educational program at a facility | ||||||
10 | other than the school
in which the
offense was | ||||||
11 | committed if he
or she is placed on supervision for a | ||||||
12 | crime of violence as
defined in
Section 2 of the Crime | ||||||
13 | Victims Compensation Act committed in a school, on the
| ||||||
14 | real
property
comprising a school, or within 1,000 feet | ||||||
15 | of the real property comprising a
school;
| ||||||
16 | (9) make restitution or reparation in an amount not to | ||||||
17 | exceed actual
loss or damage to property and pecuniary loss | ||||||
18 | or make restitution under Section
5-5-6 to a domestic | ||||||
19 | violence shelter. The court shall
determine the amount and | ||||||
20 | conditions of payment;
| ||||||
21 | (10) perform some reasonable public or community | ||||||
22 | service;
| ||||||
23 | (11) comply with the terms and conditions of an order | ||||||
24 | of protection
issued by the court pursuant to the Illinois | ||||||
25 | Domestic Violence Act of 1986 or
an order of protection | ||||||
26 | issued by the court of another state, tribe, or United
|
| |||||||
| |||||||
1 | States territory.
If the court has ordered the defendant to | ||||||
2 | make a report and appear in
person under paragraph (1) of | ||||||
3 | this subsection, a copy of the order of
protection shall be | ||||||
4 | transmitted to the person or agency so designated
by the | ||||||
5 | court;
| ||||||
6 | (12) reimburse any "local anti-crime program" as | ||||||
7 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
8 | for any reasonable expenses incurred by the
program on the | ||||||
9 | offender's case, not to exceed the maximum amount of the
| ||||||
10 | fine authorized for the offense for which the defendant was | ||||||
11 | sentenced;
| ||||||
12 | (13) contribute a reasonable sum of money, not to
| ||||||
13 | exceed the maximum amount of the fine authorized for the | ||||||
14 | offense for which
the defendant was sentenced, (i) to a | ||||||
15 | "local anti-crime program", as defined
in Section 7 of the | ||||||
16 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
17 | the jurisdiction of the Department of Natural Resources, to | ||||||
18 | the fund established by the Department of Natural Resources | ||||||
19 | for the purchase of evidence for investigation purposes and | ||||||
20 | to conduct investigations as outlined in Section 805-105 of | ||||||
21 | the Department of Natural Resources (Conservation) Law;
| ||||||
22 | (14) refrain from entering into a designated | ||||||
23 | geographic area except
upon such terms as the court finds | ||||||
24 | appropriate. Such terms may include
consideration of the | ||||||
25 | purpose of the entry, the time of day, other persons
| ||||||
26 | accompanying the defendant, and advance approval by a |
| |||||||
| |||||||
1 | probation officer;
| ||||||
2 | (15) refrain from having any contact, directly or | ||||||
3 | indirectly, with
certain specified persons or particular | ||||||
4 | types of person, including but not
limited to members of | ||||||
5 | street gangs and drug users or dealers;
| ||||||
6 | (16) refrain from having in his or her body the | ||||||
7 | presence of any illicit
drug prohibited by the Cannabis | ||||||
8 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
9 | Methamphetamine Control and Community Protection Act, | ||||||
10 | unless prescribed by a physician, and submit samples of
his | ||||||
11 | or her blood or urine or both for tests to determine the | ||||||
12 | presence of any
illicit drug;
| ||||||
13 | (17) refrain from operating any motor vehicle not | ||||||
14 | equipped with an
ignition interlock device as defined in | ||||||
15 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
16 | condition the court may allow a defendant who is not
| ||||||
17 | self-employed to operate a vehicle owned by the defendant's | ||||||
18 | employer that is
not equipped with an ignition interlock | ||||||
19 | device in the course and scope of the
defendant's | ||||||
20 | employment; and
| ||||||
21 | (18) if placed on supervision for a sex offense as | ||||||
22 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
23 | unless the offender is a parent or guardian of the person | ||||||
24 | under 18 years of age present in the home and no | ||||||
25 | non-familial minors are present, not participate in a | ||||||
26 | holiday event involving
children
under 18 years of age, |
| |||||||
| |||||||
1 | such as distributing candy or other items to children on
| ||||||
2 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
3 | Christmas, being employed as a
department store Santa | ||||||
4 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
5 | Easter. | ||||||
6 | (d) The court shall defer entering any judgment on the | ||||||
7 | charges
until the conclusion of the supervision.
| ||||||
8 | (e) At the conclusion of the period of supervision, if the | ||||||
9 | court
determines that the defendant has successfully complied | ||||||
10 | with all of the
conditions of supervision, the court shall | ||||||
11 | discharge the defendant and
enter a judgment dismissing the | ||||||
12 | charges.
| ||||||
13 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
14 | a
disposition of supervision shall be deemed without | ||||||
15 | adjudication of guilt
and shall not be termed a conviction for | ||||||
16 | purposes of disqualification or
disabilities imposed by law | ||||||
17 | upon conviction of a crime. Two years after the
discharge and | ||||||
18 | dismissal under this Section, unless the disposition of
| ||||||
19 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
20 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
21 | similar
provision of a local ordinance, or for a violation of | ||||||
22 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 , in which case it shall be 5
years | ||||||
24 | after discharge and dismissal, a person may have his record
of | ||||||
25 | arrest sealed or expunged as may be provided by law. However, | ||||||
26 | any
defendant placed on supervision before January 1, 1980, may |
| |||||||
| |||||||
1 | move for
sealing or expungement of his arrest record, as | ||||||
2 | provided by law, at any
time after discharge and dismissal | ||||||
3 | under this Section.
A person placed on supervision for a sexual | ||||||
4 | offense committed against a minor
as defined in clause | ||||||
5 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||||||
6 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
7 | or a
similar provision of a local ordinance
shall not have his | ||||||
8 | or her record of arrest sealed or expunged.
| ||||||
9 | (g) A defendant placed on supervision and who during the | ||||||
10 | period of
supervision undergoes mandatory drug or alcohol | ||||||
11 | testing, or both, or is
assigned to be placed on an approved | ||||||
12 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
13 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
14 | and costs incidental to such approved electronic
monitoring in | ||||||
15 | accordance with the defendant's ability to pay those costs.
The | ||||||
16 | county board with the concurrence of the Chief Judge of the | ||||||
17 | judicial
circuit in which the county is located shall establish | ||||||
18 | reasonable fees for
the cost of maintenance, testing, and | ||||||
19 | incidental expenses related to the
mandatory drug or alcohol | ||||||
20 | testing, or both, and all costs incidental to
approved | ||||||
21 | electronic monitoring, of all defendants placed on | ||||||
22 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
23 | form of an
administrative order.
The fees shall be collected by | ||||||
24 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
25 | shall pay all moneys collected from these fees to the county
| ||||||
26 | treasurer who shall use the moneys collected to defray the |
| |||||||
| |||||||
1 | costs of
drug testing, alcohol testing, and electronic | ||||||
2 | monitoring.
The county treasurer shall deposit the fees | ||||||
3 | collected in the
county working cash fund under Section 6-27001 | ||||||
4 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
5 | (h) A disposition of supervision is a final order for the | ||||||
6 | purposes
of appeal.
| ||||||
7 | (i) The court shall impose upon a defendant placed on | ||||||
8 | supervision
after January 1, 1992 or to community service under | ||||||
9 | the supervision of a
probation or court services department | ||||||
10 | after January 1, 2004, as a condition
of supervision or | ||||||
11 | supervised community service, a fee of $50 for
each month of | ||||||
12 | supervision or supervised community service ordered by the
| ||||||
13 | court, unless after
determining the inability of the person | ||||||
14 | placed on supervision or supervised
community service to pay | ||||||
15 | the
fee, the court assesses a lesser fee. The court may not | ||||||
16 | impose the fee on a
minor who is made a ward of the State under | ||||||
17 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
18 | The fee shall be imposed only upon a
defendant who is actively | ||||||
19 | supervised by the
probation and court services
department. The | ||||||
20 | fee shall be collected by the clerk of the circuit court.
The | ||||||
21 | clerk of the circuit court shall pay all monies collected from | ||||||
22 | this fee
to the county treasurer for deposit in the probation | ||||||
23 | and court services
fund pursuant to Section 15.1 of the | ||||||
24 | Probation and
Probation Officers Act.
| ||||||
25 | A circuit court may not impose a probation fee in excess of | ||||||
26 | $25
per month unless the circuit court has adopted, by |
| |||||||
| |||||||
1 | administrative
order issued by the chief judge, a standard | ||||||
2 | probation fee guide
determining an offender's ability to pay. | ||||||
3 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
4 | that fee
collected per month may be used to provide services to | ||||||
5 | crime victims
and their families. | ||||||
6 | The Court may only waive probation fees based on an | ||||||
7 | offender's ability to pay. The probation department may | ||||||
8 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
9 | with the approval of the Director of Court Services or the | ||||||
10 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
11 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
12 | offender that has been assigned to the supervision of a | ||||||
13 | probation department, or has been transferred either under | ||||||
14 | subsection (h) of this Section or under any interstate compact, | ||||||
15 | shall be required to pay probation fees to the department | ||||||
16 | supervising the offender, based on the offender's ability to | ||||||
17 | pay.
| ||||||
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 Section
27.5 | ||||||
24 | of the Clerks of Courts Act.
| ||||||
25 | (k) A defendant at least 17 years of age who is placed on | ||||||
26 | supervision
for a misdemeanor in a county of 3,000,000 or more |
| |||||||
| |||||||
1 | inhabitants
and who has not been previously convicted of a | ||||||
2 | misdemeanor or felony
may as a condition of his or her | ||||||
3 | supervision be required by the court to
attend educational | ||||||
4 | courses designed to prepare the defendant for a high school
| ||||||
5 | diploma and to work toward a high school diploma or to work | ||||||
6 | toward passing the
high school level Test of General | ||||||
7 | Educational Development (GED) or to work
toward completing a | ||||||
8 | vocational training program approved by the court. The
| ||||||
9 | defendant placed on supervision must attend a public | ||||||
10 | institution of education
to obtain the educational or | ||||||
11 | vocational training required by this subsection
(k). The | ||||||
12 | defendant placed on supervision shall be required to pay for | ||||||
13 | the cost
of the educational courses or GED test, if a fee is | ||||||
14 | charged for those courses
or test. The court shall revoke the | ||||||
15 | supervision of a person who wilfully fails
to comply with this | ||||||
16 | subsection (k). The court shall resentence the defendant
upon | ||||||
17 | revocation of supervision as provided in Section 5-6-4. This | ||||||
18 | subsection
(k) does not apply to a defendant who has a high | ||||||
19 | school diploma or has
successfully passed the GED test. This | ||||||
20 | subsection (k) does not apply to a
defendant who is determined | ||||||
21 | by the court to be developmentally disabled or
otherwise | ||||||
22 | mentally incapable of completing the
educational or vocational | ||||||
23 | program.
| ||||||
24 | (l) The court shall require a defendant placed on | ||||||
25 | supervision for
possession of a substance
prohibited by the | ||||||
26 | Cannabis Control Act, the Illinois Controlled Substances Act, |
| |||||||
| |||||||
1 | or the Methamphetamine Control and Community Protection Act
| ||||||
2 | after a previous conviction or disposition of supervision for | ||||||
3 | possession of a
substance prohibited by the Cannabis Control | ||||||
4 | Act, the Illinois Controlled
Substances Act, or the | ||||||
5 | Methamphetamine Control and Community Protection Act or a | ||||||
6 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
7 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
8 | and after a finding by the court that the person is addicted, | ||||||
9 | to undergo
treatment at a substance abuse program approved by | ||||||
10 | the court.
| ||||||
11 | (m) The Secretary of State shall require anyone placed on | ||||||
12 | court supervision
for a
violation of Section 3-707 of the | ||||||
13 | Illinois Vehicle Code or a similar provision
of a local | ||||||
14 | ordinance
to give proof of his or her financial
responsibility | ||||||
15 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
16 | proof shall be
maintained by the individual in a manner | ||||||
17 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
18 | 3 years after the date the proof is first filed.
The proof | ||||||
19 | shall be limited to a single action per arrest and may not be
| ||||||
20 | affected by any post-sentence disposition. The Secretary of | ||||||
21 | State shall
suspend the driver's license of any person
| ||||||
22 | determined by the Secretary to be in violation of this | ||||||
23 | subsection. | ||||||
24 | (n) Any offender placed on supervision for any offense that | ||||||
25 | the court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | 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 this | ||||||
12 | 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 meaning | ||||||
24 | ascribed to it in Section 16-0.1 of the Criminal Code of 2012 | ||||||
25 | 1961 ; and a person is not related to the accused if the person | ||||||
26 | is not: (i) the spouse, brother, or sister of the accused; (ii) |
| |||||||
| |||||||
1 | a descendant of the accused; (iii) a first or second cousin of | ||||||
2 | the accused; or (iv) a step-child or adopted child of the | ||||||
3 | accused.
| ||||||
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 1961 ; 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.
| ||||||
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 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
22 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012 , or any attempt to commit any of these offenses, committed | ||||||
24 | on or after the effective date of this amendatory Act of the | ||||||
25 | 95th General Assembly shall: | ||||||
26 | (i) not access or use a computer or any other device |
| |||||||
| |||||||
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 inspection; | ||||||
13 | (iii) submit to the installation on the offender's | ||||||
14 | computer or device with Internet capability, at the | ||||||
15 | offender's expense, of one or more hardware or software | ||||||
16 | systems to monitor the Internet use; and | ||||||
17 | (iv) submit to any other appropriate restrictions | ||||||
18 | concerning the offender's use of or access to a computer or | ||||||
19 | any other device with Internet capability imposed by the | ||||||
20 | court. | ||||||
21 | (s) An offender placed on supervision for an offense that | ||||||
22 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
23 | Registration Act that is committed on or after January 1, 2010 | ||||||
24 | (the effective date of Public Act 96-362) that requires the | ||||||
25 | person to register as a sex offender under that Act, may not | ||||||
26 | knowingly use any computer scrub software on any computer that |
| |||||||
| |||||||
1 | the sex offender uses. | ||||||
2 | (t) An offender placed on supervision for a sex offense as | ||||||
3 | defined in the Sex Offender
Registration Act committed on or | ||||||
4 | after January 1, 2010 (the effective date of Public Act 96-262) | ||||||
5 | shall refrain from accessing or using a social networking | ||||||
6 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
7 | 2012 1961 . | ||||||
8 | (u) Jurisdiction over an offender may be transferred from | ||||||
9 | the sentencing court to the court of another circuit with the | ||||||
10 | concurrence of both courts. Further transfers or retransfers of | ||||||
11 | jurisdiction are also authorized in the same manner. The court | ||||||
12 | to which jurisdiction has been transferred shall have the same | ||||||
13 | powers as the sentencing court. The probation department within | ||||||
14 | the circuit to which jurisdiction has been transferred may | ||||||
15 | impose probation fees upon receiving the transferred offender, | ||||||
16 | as provided in subsection (i). The probation department from | ||||||
17 | the original sentencing court shall retain all probation fees | ||||||
18 | collected prior to the transfer. | ||||||
19 | (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | ||||||
20 | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | ||||||
21 | 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | ||||||
22 | 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | ||||||
23 | eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
24 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
25 | Sec. 5-8-1. Natural life imprisonment; enhancements for |
| |||||||
| |||||||
1 | use of a firearm; mandatory supervised release terms.
| ||||||
2 | (a) Except as otherwise provided in the statute defining | ||||||
3 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
4 | imprisonment for a felony shall be a determinate sentence set | ||||||
5 | by
the court under this Section, according to the following | ||||||
6 | limitations:
| ||||||
7 | (1) for first degree murder,
| ||||||
8 | (a) (blank),
| ||||||
9 | (b) if a trier of fact finds beyond a reasonable
| ||||||
10 | doubt that the murder was accompanied by exceptionally
| ||||||
11 | brutal or heinous behavior indicative of wanton | ||||||
12 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
13 | of this Section, that any of the aggravating factors
| ||||||
14 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
16 | present, the court may sentence the defendant to a term | ||||||
17 | of natural life
imprisonment, or
| ||||||
18 | (c) the court shall sentence the defendant to a | ||||||
19 | term of natural life
imprisonment when the death | ||||||
20 | penalty is not imposed if the defendant,
| ||||||
21 | (i) has previously been convicted of first | ||||||
22 | degree murder under
any state or federal law, or
| ||||||
23 | (ii) is a person who, at the time of the | ||||||
24 | commission of the murder,
had attained the age of | ||||||
25 | 17 or more and is found guilty of murdering an
| ||||||
26 | individual under 12 years of age; or, irrespective |
| |||||||
| |||||||
1 | of the defendant's age at
the time of the | ||||||
2 | commission of the offense, is found guilty of | ||||||
3 | murdering more
than one victim, or
| ||||||
4 | (iii) is found guilty of murdering a peace | ||||||
5 | officer, fireman, or emergency management worker | ||||||
6 | when
the peace officer, fireman, or emergency | ||||||
7 | management worker was killed in the course of | ||||||
8 | performing his
official duties, or to prevent the | ||||||
9 | peace officer or fireman from
performing his | ||||||
10 | official duties, or in retaliation for the peace | ||||||
11 | officer,
fireman, or emergency management worker | ||||||
12 | from performing his official duties, and the | ||||||
13 | defendant knew or should
have known that the | ||||||
14 | murdered individual was a peace officer, fireman, | ||||||
15 | or emergency management worker, or
| ||||||
16 | (iv) is found guilty of murdering an employee | ||||||
17 | of an institution or
facility of the Department of | ||||||
18 | Corrections, or any similar local
correctional | ||||||
19 | agency, when the employee was killed in the course | ||||||
20 | of
performing his official duties, or to prevent | ||||||
21 | the employee from performing
his official duties, | ||||||
22 | or in retaliation for the employee performing his
| ||||||
23 | official duties, or
| ||||||
24 | (v) is found guilty of murdering an emergency | ||||||
25 | medical
technician - ambulance, emergency medical | ||||||
26 | technician - intermediate, emergency
medical |
| |||||||
| |||||||
1 | technician - paramedic, ambulance driver or other | ||||||
2 | medical assistance or
first aid person while | ||||||
3 | employed by a municipality or other governmental | ||||||
4 | unit
when the person was killed in the course of | ||||||
5 | performing official duties or
to prevent the | ||||||
6 | person from performing official duties or in | ||||||
7 | retaliation
for performing official duties and the | ||||||
8 | defendant knew or should have known
that the | ||||||
9 | murdered individual was an emergency medical | ||||||
10 | technician - ambulance,
emergency medical | ||||||
11 | technician - intermediate, emergency medical
| ||||||
12 | technician - paramedic, ambulance driver, or other | ||||||
13 | medical
assistant or first aid personnel, or
| ||||||
14 | (vi) is a person who, at the time of the | ||||||
15 | commission of the murder,
had not attained the age | ||||||
16 | of 17, and is found guilty of murdering a person | ||||||
17 | under
12 years of age and the murder is committed | ||||||
18 | during the course of aggravated
criminal sexual | ||||||
19 | assault, criminal sexual assault, or aggravated | ||||||
20 | kidnaping,
or
| ||||||
21 | (vii) is found guilty of first degree murder | ||||||
22 | and the murder was
committed by reason of any | ||||||
23 | person's activity as a community policing | ||||||
24 | volunteer
or to prevent any person from engaging in | ||||||
25 | activity as a community policing
volunteer. For | ||||||
26 | the purpose of this Section, "community policing |
| |||||||
| |||||||
1 | volunteer"
has the meaning ascribed to it in | ||||||
2 | Section 2-3.5 of the Criminal Code of 2012 1961 .
| ||||||
3 | For purposes of clause (v), "emergency medical | ||||||
4 | technician - ambulance",
"emergency medical technician - | ||||||
5 | intermediate", "emergency medical technician -
| ||||||
6 | paramedic", have the meanings ascribed to them in the | ||||||
7 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
8 | (d) (i) if the person committed the offense while | ||||||
9 | armed with a
firearm, 15 years shall be added to | ||||||
10 | the term of imprisonment imposed by the
court;
| ||||||
11 | (ii) if, during the commission of the offense, | ||||||
12 | the person
personally discharged a firearm, 20 | ||||||
13 | years shall be added to the term of
imprisonment | ||||||
14 | imposed by the court;
| ||||||
15 | (iii) if, during the commission of the | ||||||
16 | offense, the person
personally discharged a | ||||||
17 | firearm that proximately caused great bodily harm,
| ||||||
18 | permanent disability, permanent disfigurement, or | ||||||
19 | death to another person, 25
years or up to a term | ||||||
20 | of natural life shall be added to the term of
| ||||||
21 | imprisonment imposed by the court.
| ||||||
22 | (2) (blank);
| ||||||
23 | (2.5) for a person convicted under the circumstances | ||||||
24 | described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||||||
25 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
26 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of |
| |||||||
| |||||||
1 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
2 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||||||
3 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
4 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012 , the | ||||||
6 | sentence shall be a term of natural life
imprisonment.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) (Blank).
| ||||||
9 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
10 | parole or mandatory
supervised release term shall be written as | ||||||
11 | part of the sentencing order and shall be as follows:
| ||||||
12 | (1) for first degree murder or a Class X felony except | ||||||
13 | for the offenses of predatory criminal sexual assault of a | ||||||
14 | child, aggravated criminal sexual assault, and criminal | ||||||
15 | sexual assault if committed on or after the effective date | ||||||
16 | of this amendatory Act of the 94th General Assembly and | ||||||
17 | except for the offense of aggravated child pornography | ||||||
18 | under Section 11-20.1B , or 11-20.3 , or 11-20.1 with | ||||||
19 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012 , if | ||||||
21 | committed on or after January 1, 2009, 3 years;
| ||||||
22 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
23 | the offense of criminal sexual assault if committed on or | ||||||
24 | after the effective date of this amendatory Act of the 94th | ||||||
25 | General Assembly and except for the offenses of manufacture | ||||||
26 | and dissemination of child pornography under clauses |
| |||||||
| |||||||
1 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
2 | of 1961 or the Criminal Code of 2012 , if committed on or | ||||||
3 | after January 1, 2009, 2 years;
| ||||||
4 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
5 | (4) for defendants who commit the offense of predatory | ||||||
6 | criminal sexual assault of a child, aggravated criminal | ||||||
7 | sexual assault, or criminal sexual assault, on or after the | ||||||
8 | effective date of this amendatory Act of the 94th General | ||||||
9 | Assembly, or who commit the offense of aggravated child | ||||||
10 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
11 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
12 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
13 | manufacture of child pornography, or dissemination of | ||||||
14 | child pornography after January 1, 2009, the term of | ||||||
15 | mandatory supervised release shall range from a minimum of | ||||||
16 | 3 years to a maximum of the natural life of the defendant;
| ||||||
17 | (5) if the victim is under 18 years of age, for a | ||||||
18 | second or subsequent
offense of aggravated criminal sexual | ||||||
19 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
20 | the first 2 years of which the defendant shall serve in an
| ||||||
21 | electronic home detention program under Article 8A of | ||||||
22 | Chapter V of this Code;
| ||||||
23 | (6) for a felony domestic battery, aggravated domestic | ||||||
24 | battery, stalking, aggravated stalking, and a felony | ||||||
25 | violation of an order of protection, 4 years. | ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (f) (Blank).
| ||||||
2 | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
3 | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||||||
4 | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | ||||||
5 | eff. 1-1-13.)
| ||||||
6 | (730 ILCS 5/5-8-1.2)
| ||||||
7 | Sec. 5-8-1.2. County impact incarceration.
| ||||||
8 | (a) Legislative intent. It is the finding of the General | ||||||
9 | Assembly that
certain non-violent offenders eligible for | ||||||
10 | sentences of incarceration may
benefit from the rehabilitative | ||||||
11 | aspects of a county impact incarceration
program. It is the | ||||||
12 | intent of the General Assembly that such programs be
| ||||||
13 | implemented as provided by this Section. This Section shall not | ||||||
14 | be construed
to allow violent offenders to participate in a | ||||||
15 | county impact incarceration
program.
| ||||||
16 | (b) Under the direction of the Sheriff and with the | ||||||
17 | approval of the County
Board of Commissioners, the Sheriff, in | ||||||
18 | any county with more than 3,000,000
inhabitants, may establish | ||||||
19 | and operate a county impact incarceration program
for eligible | ||||||
20 | offenders. If the court finds under Section 5-4-1 that an
| ||||||
21 | offender convicted of a felony meets the eligibility | ||||||
22 | requirements of the
Sheriff's county impact incarceration | ||||||
23 | program, the court may sentence the
offender to the county | ||||||
24 | impact incarceration program. The Sheriff shall be
responsible | ||||||
25 | for monitoring all offenders who are sentenced to the county |
| |||||||
| |||||||
1 | impact
incarceration program, including the mandatory period | ||||||
2 | of monitored release
following the 120 to 180 days of impact | ||||||
3 | incarceration.
Offenders assigned to the county impact | ||||||
4 | incarceration program under an
intergovernmental agreement | ||||||
5 | between the county and the Illinois Department of
Corrections | ||||||
6 | are exempt from the provisions of this mandatory period of
| ||||||
7 | monitored
release.
In the event the
offender is not accepted | ||||||
8 | for placement in the county impact incarceration
program, the | ||||||
9 | court shall proceed to sentence the offender to any other
| ||||||
10 | disposition authorized by this Code.
If the offender does not | ||||||
11 | successfully
complete the program, the offender's failure to do | ||||||
12 | so shall constitute a
violation of the sentence to the county | ||||||
13 | impact incarceration program.
| ||||||
14 | (c) In order to be eligible to be sentenced to a county | ||||||
15 | impact incarceration
program by the court, the person shall | ||||||
16 | meet all of the following requirements:
| ||||||
17 | (1) the person must be not less than 17 years of age | ||||||
18 | nor more than 35
years of age;
| ||||||
19 | (2) The person has not previously participated in the | ||||||
20 | impact incarceration
program and has not previously served | ||||||
21 | more than one prior sentence of
imprisonment for a felony | ||||||
22 | in an adult correctional facility;
| ||||||
23 | (3) The person has not been convicted of a Class X | ||||||
24 | felony, first or second
degree murder, armed violence, | ||||||
25 | aggravated kidnapping, criminal sexual assault,
aggravated | ||||||
26 | criminal sexual abuse or a subsequent conviction for |
| |||||||
| |||||||
1 | criminal sexual
abuse, forcible detention, or arson and has | ||||||
2 | not been convicted previously of
any of those offenses.
| ||||||
3 | (4) The person has been found in violation of probation | ||||||
4 | for an offense
that is a Class 2, 3, or 4 felony that is not | ||||||
5 | a forcible felony as defined in
Section 2-8 of the Criminal | ||||||
6 | Code of 2012 1961 or a violent crime as defined in
| ||||||
7 | subsection (c) of Section 3 of the Rights of Crime Victims | ||||||
8 | and Witnesses Act
who
otherwise could be sentenced to a | ||||||
9 | term of incarceration; or the person is
convicted of an | ||||||
10 | offense that is a Class 2, 3, or 4 felony that is not a
| ||||||
11 | forcible felony as defined in Section 2-8 of the Criminal | ||||||
12 | Code of 2012 1961 or a
violent crime as defined in | ||||||
13 | subsection (c) of Section 3 of the Rights of Crime
Victims | ||||||
14 | and Witnesses Act who has previously served a sentence of | ||||||
15 | probation for
any felony offense and who otherwise could be | ||||||
16 | sentenced to a term of
incarceration.
| ||||||
17 | (5) The person must be physically able to participate | ||||||
18 | in strenuous
physical
activities or labor.
| ||||||
19 | (6) The person must not have any mental disorder or | ||||||
20 | disability that would
prevent participation in a county | ||||||
21 | impact incarceration program.
| ||||||
22 | (7) The person was recommended and approved for | ||||||
23 | placement in the county
impact incarceration program by the | ||||||
24 | Sheriff and consented in writing to
participation in the | ||||||
25 | county impact incarceration program and to the terms and
| ||||||
26 | conditions of the program. The Sheriff may consider, among |
| |||||||
| |||||||
1 | other matters,
whether the
person has any outstanding | ||||||
2 | detainers or warrants, whether the person has a
history of | ||||||
3 | escaping or absconding, whether participation in the
| ||||||
4 | county impact incarceration program may pose
a risk to the | ||||||
5 | safety or security of any person and whether space is
| ||||||
6 | available.
| ||||||
7 | (c) The county impact incarceration program shall include, | ||||||
8 | among other
matters, mandatory physical training and labor, | ||||||
9 | military formation and drills,
regimented activities, | ||||||
10 | uniformity of dress and appearance, education and
counseling, | ||||||
11 | including drug counseling where appropriate.
| ||||||
12 | (d) Privileges including visitation, commissary, receipt | ||||||
13 | and retention of
property and publications and access to | ||||||
14 | television, radio, and a library may be
suspended or | ||||||
15 | restricted, notwithstanding provisions to the contrary in this
| ||||||
16 | Code.
| ||||||
17 | (e) The Sheriff shall issue written rules and requirements | ||||||
18 | for the program.
Persons shall be informed of rules of behavior | ||||||
19 | and conduct. Persons
participating in the county impact | ||||||
20 | incarceration program shall adhere to all
rules and all | ||||||
21 | requirements of the program.
| ||||||
22 | (f) Participation in the county impact incarceration | ||||||
23 | program shall be for a
period of 120 to 180 days followed by a | ||||||
24 | mandatory term of monitored release
for at least 8 months and | ||||||
25 | no more than 12 months supervised by the Sheriff.
The period of | ||||||
26 | time a person shall serve in the impact incarceration program
|
| |||||||
| |||||||
1 | shall not be reduced by the accumulation of good time. The | ||||||
2 | court may also
sentence the person to a period of probation to | ||||||
3 | commence at the successful
completion of the county impact | ||||||
4 | incarceration program.
| ||||||
5 | (g) If the person successfully completes the county impact | ||||||
6 | incarceration
program, the Sheriff shall certify the person's | ||||||
7 | successful completion of the
program to the court and to the | ||||||
8 | county's State's Attorney. Upon successful
completion of the | ||||||
9 | county impact incarceration program and mandatory
term of | ||||||
10 | monitored release and if there is an additional period of | ||||||
11 | probation
given, the person shall at that time begin his or her | ||||||
12 | probationary sentence
under the supervision of the Adult | ||||||
13 | Probation Department.
| ||||||
14 | (h) A person may be removed from the county impact | ||||||
15 | incarceration program for
a violation of the terms or
| ||||||
16 | conditions of the program or in the event he or she is for any | ||||||
17 | reason unable to
participate. The failure to complete the | ||||||
18 | program for any reason, including the
8 to 12 month monitored | ||||||
19 | release period, shall be deemed a violation of the
county | ||||||
20 | impact incarceration sentence. The Sheriff shall give notice to | ||||||
21 | the
State's Attorney of the person's failure to complete the | ||||||
22 | program. The Sheriff
shall file a petition for violation of the | ||||||
23 | county impact incarceration sentence
with the court and the | ||||||
24 | State's Attorney may proceed on the petition under
Section | ||||||
25 | 5-6-4 of this Code. The Sheriff shall promulgate rules and | ||||||
26 | regulations
governing conduct which could result in removal |
| |||||||
| |||||||
1 | from the program or in a
determination that the person has not | ||||||
2 | successfully completed the program.
| ||||||
3 | The mandatory conditions of every county impact | ||||||
4 | incarceration sentence
shall
include that the person either | ||||||
5 | while in the program or during the period of
monitored release:
| ||||||
6 | (1) not violate any criminal statute of any | ||||||
7 | jurisdiction;
| ||||||
8 | (2) report or appear in person before any such person | ||||||
9 | or agency as
directed by the court or the Sheriff;
| ||||||
10 | (3) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon;
| ||||||
12 | (4) not leave the State without the consent of the | ||||||
13 | court or, in
circumstances in which the reason for the | ||||||
14 | absence is of such an emergency
nature that prior consent | ||||||
15 | by the court is not possible, without the prior
| ||||||
16 | notification and approval of the Sheriff; and
| ||||||
17 | (5) permit representatives of the Sheriff to visit at | ||||||
18 | the person's home or
elsewhere to the extent necessary for | ||||||
19 | the Sheriff to monitor compliance with
the program. Persons | ||||||
20 | shall have access to such rules, which shall provide that
a | ||||||
21 | person shall receive notice of any such violation.
| ||||||
22 | (i) The Sheriff may terminate the county impact | ||||||
23 | incarceration program at
any time.
| ||||||
24 | (j) The Sheriff shall report to the county board on or | ||||||
25 | before September
30th of each year on the county impact | ||||||
26 | incarceration program, including the
composition of the |
| |||||||
| |||||||
1 | program by the offenders, by county of commitment, sentence,
| ||||||
2 | age, offense, and race.
| ||||||
3 | (Source: P.A. 89-587, eff. 7-31-96.)
| ||||||
4 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
5 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
6 | imprisonment.
| ||||||
7 | (a) Concurrent terms; multiple or additional sentences. | ||||||
8 | When an Illinois court (i) imposes multiple sentences of | ||||||
9 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
10 | sentence of imprisonment on a defendant who is already subject | ||||||
11 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
12 | court of another state, or a federal court, then the sentences | ||||||
13 | shall run concurrently unless otherwise determined by the | ||||||
14 | Illinois court under this Section. | ||||||
15 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
16 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
17 | felony and sentenced to imprisonment shall be transferred to | ||||||
18 | the Department of Corrections, and the misdemeanor sentence | ||||||
19 | shall be merged in and run concurrently with the felony | ||||||
20 | sentence. | ||||||
21 | (c) Consecutive terms; permissive. The court may impose | ||||||
22 | consecutive sentences in any of the following circumstances: | ||||||
23 | (1) If, having regard to the nature and circumstances | ||||||
24 | of the offense and the history
and character of the | ||||||
25 | defendant, it is the opinion of the court that consecutive |
| |||||||
| |||||||
1 | sentences are
required to protect the public from further | ||||||
2 | criminal conduct by the defendant, the basis for which the | ||||||
3 | court shall set forth in the record. | ||||||
4 | (2) If one of the offenses for which a defendant was | ||||||
5 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
6 | false personation of a peace officer) of the Criminal Code | ||||||
7 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
8 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 that Code (720 ILCS | ||||||
10 | 5/17-2) and the offense was committed in attempting or | ||||||
11 | committing a forcible felony.
| ||||||
12 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
13 | consecutive sentences in each of the following circumstances: | ||||||
14 | (1) One of the offenses for which the defendant was | ||||||
15 | convicted was first degree
murder or a Class X or Class 1 | ||||||
16 | felony and the defendant inflicted severe bodily injury. | ||||||
17 | (2) The defendant was convicted of a violation of | ||||||
18 | Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 | ||||||
19 | (aggravated child pornography), 11-1.20 or 12-13 (criminal | ||||||
20 | sexual
assault), 11-1.30 or 12-14 (aggravated criminal | ||||||
21 | sexual assault), or 11-1.40 or 12-14.1 (predatory criminal | ||||||
22 | sexual assault of a child) of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, | ||||||
24 | 5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, | ||||||
25 | 5/11-1.40, or 5/12-14.1). | ||||||
26 | (3) The defendant was convicted of armed violence based |
| |||||||
| |||||||
1 | upon the predicate
offense of any of the following: | ||||||
2 | solicitation of murder, solicitation of murder for hire, | ||||||
3 | heinous battery as described in Section 12-4.1 or | ||||||
4 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
5 | of a senior citizen as described in Section 12-4.6 or | ||||||
6 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
7 | assault, a violation of subsection (g) of Section 5 of the | ||||||
8 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
9 | trafficking, a violation of subsection (a) of Section 401 | ||||||
10 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
11 | 570/401), controlled substance trafficking involving a | ||||||
12 | Class X felony amount of controlled substance under Section | ||||||
13 | 401 of the Illinois Controlled Substances Act (720 ILCS | ||||||
14 | 570/401), a violation of the Methamphetamine Control and | ||||||
15 | Community Protection Act (720 ILCS 646/), calculated | ||||||
16 | criminal drug conspiracy, or streetgang criminal drug | ||||||
17 | conspiracy. | ||||||
18 | (4) The defendant was convicted of the offense of | ||||||
19 | leaving the scene of a motor
vehicle accident involving | ||||||
20 | death or personal injuries under Section 11-401 of the | ||||||
21 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
22 | aggravated driving under the influence of alcohol, other | ||||||
23 | drug or drugs, or intoxicating compound or compounds, or | ||||||
24 | any combination thereof under Section 11-501 of the | ||||||
25 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
26 | homicide under Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
2 | offense described in item (A) and an offense described in | ||||||
3 | item (B). | ||||||
4 | (5) The defendant was convicted of a violation of | ||||||
5 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
6 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
8 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
9 | (5.5) The defendant was convicted of a violation of | ||||||
10 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
11 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012 . | ||||||
13 | (6) If the defendant was in the custody of the | ||||||
14 | Department of Corrections at the
time of the commission of | ||||||
15 | the offense, the sentence shall be served consecutive to | ||||||
16 | the sentence under which the defendant is held by the | ||||||
17 | Department of Corrections. If, however, the defendant is | ||||||
18 | sentenced to punishment by death, the sentence shall be | ||||||
19 | executed at such time as the court may fix without regard | ||||||
20 | to the sentence under which the defendant may be held by | ||||||
21 | the Department. | ||||||
22 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
23 | for escape or attempted escape shall be served
consecutive | ||||||
24 | to the terms under which the offender is held by the | ||||||
25 | Department of Corrections. | ||||||
26 | (8) If a person charged with a felony commits a |
| |||||||
| |||||||
1 | separate felony while on pretrial
release or in pretrial | ||||||
2 | detention in a county jail facility or county detention | ||||||
3 | facility, then the sentences imposed upon conviction of | ||||||
4 | these felonies shall be served consecutively regardless of | ||||||
5 | the order in which the judgments of conviction are entered. | ||||||
6 | (8.5) If a person commits a battery against a county | ||||||
7 | correctional officer or sheriff's employee while serving a | ||||||
8 | sentence or in pretrial detention in a county jail | ||||||
9 | facility, then the sentence imposed upon conviction of the | ||||||
10 | battery shall be served consecutively with the sentence | ||||||
11 | imposed upon conviction of the earlier misdemeanor or | ||||||
12 | felony, regardless of the order in which the
judgments of | ||||||
13 | conviction are entered. | ||||||
14 | (9) If a person admitted to bail following conviction | ||||||
15 | of a felony commits a
separate felony while free on bond or | ||||||
16 | if a person detained in a county jail facility or county | ||||||
17 | detention facility following conviction of a felony | ||||||
18 | commits a separate felony while in detention, then any | ||||||
19 | sentence following conviction of the separate felony shall | ||||||
20 | be consecutive to that of the original sentence for which | ||||||
21 | the defendant was on bond or detained.
| ||||||
22 | (10) If a person is found to be in possession of an | ||||||
23 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
24 | Criminal Code of 2012 1961 , while serving a sentence in a | ||||||
25 | county jail or while in pre-trial detention in a county | ||||||
26 | jail, the sentence imposed upon conviction for the offense |
| |||||||
| |||||||
1 | of possessing contraband in a penal institution shall be | ||||||
2 | served consecutively to the sentence imposed for the | ||||||
3 | offense in which the person is serving sentence in the | ||||||
4 | county jail or serving pretrial detention, regardless of | ||||||
5 | the order in which the judgments of conviction are entered. | ||||||
6 | (11) If a person is sentenced for a violation of bail | ||||||
7 | bond under Section 32-10 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012 , any sentence imposed for that | ||||||
9 | violation shall be served
consecutive to the sentence | ||||||
10 | imposed for the charge for which bail had been
granted and | ||||||
11 | with respect to which the defendant has been convicted. | ||||||
12 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
13 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
14 | defendant and the defendant is subsequently sentenced to a term | ||||||
15 | of imprisonment by a court of another state or a federal court, | ||||||
16 | then the Illinois sentence shall run consecutively to the | ||||||
17 | sentence imposed by the court of the other state or the federal | ||||||
18 | court. That same Illinois court, however, may order that the | ||||||
19 | Illinois sentence run concurrently with the sentence imposed by | ||||||
20 | the court of the other state or the federal court, but only if | ||||||
21 | the defendant applies to that same Illinois court within 30 | ||||||
22 | days after the sentence imposed by the court of the other state | ||||||
23 | or the federal court is finalized. | ||||||
24 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
25 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
26 | sentences shall be determined as follows: |
| |||||||
| |||||||
1 | (1) For sentences imposed under law in effect prior to | ||||||
2 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
3 | sentences shall not exceed the maximum term authorized | ||||||
4 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
5 | Chapter V for the 2 most serious felonies involved. The | ||||||
6 | aggregate minimum period of consecutive sentences shall | ||||||
7 | not exceed the highest minimum term authorized under | ||||||
8 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
9 | V for the 2 most serious felonies involved. When sentenced | ||||||
10 | only for misdemeanors, a defendant shall not be | ||||||
11 | consecutively sentenced to more than the maximum for one | ||||||
12 | Class A misdemeanor. | ||||||
13 | (2) For sentences imposed under the law in effect on or | ||||||
14 | after February 1, 1978,
the aggregate of consecutive | ||||||
15 | sentences for offenses that were committed as part of a | ||||||
16 | single
course of conduct during which there was no | ||||||
17 | substantial change in the nature of the criminal objective | ||||||
18 | shall not exceed the sum of the maximum terms authorized | ||||||
19 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
20 | felonies involved, but no such limitation shall apply for | ||||||
21 | offenses that were not committed as part of a single course | ||||||
22 | of conduct during which there was no substantial change in | ||||||
23 | the nature of the criminal objective. When sentenced only | ||||||
24 | for misdemeanors, a defendant shall not be consecutively | ||||||
25 | sentenced to more than the maximum for one Class A | ||||||
26 | misdemeanor.
|
| |||||||
| |||||||
1 | (g) Consecutive terms; manner served. In determining the | ||||||
2 | manner in which consecutive sentences of imprisonment, one or | ||||||
3 | more of which is for a felony, will be served, the Department | ||||||
4 | of Corrections shall treat the defendant as though he or she | ||||||
5 | had been committed for a single term subject to each of the | ||||||
6 | following: | ||||||
7 | (1) The maximum period of a term of imprisonment shall | ||||||
8 | consist of the aggregate
of the maximums of the imposed | ||||||
9 | indeterminate terms, if any, plus the aggregate of the | ||||||
10 | imposed determinate sentences for felonies, plus the | ||||||
11 | aggregate of the imposed determinate sentences for | ||||||
12 | misdemeanors, subject to subsection (f) of this Section. | ||||||
13 | (2) The parole or mandatory supervised release term | ||||||
14 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
15 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
16 | involved. | ||||||
17 | (3) The minimum period of imprisonment shall be the | ||||||
18 | aggregate of the minimum
and determinate periods of | ||||||
19 | imprisonment imposed by the court, subject to subsection | ||||||
20 | (f) of this Section. | ||||||
21 | (4) The defendant shall be awarded credit against the | ||||||
22 | aggregate maximum term
and the aggregate minimum term of | ||||||
23 | imprisonment for all time served in an institution since | ||||||
24 | the commission of the offense or offenses and as a | ||||||
25 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
26 | (730 ILCS 5/3-6-3).
|
| |||||||
| |||||||
1 | (Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
2 | 96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. | ||||||
3 | 7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, | ||||||
4 | Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11; | ||||||
5 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.) | ||||||
6 | (730 ILCS 5/5-8A-6)
| ||||||
7 | Sec. 5-8A-6. Electronic monitoring of certain sex | ||||||
8 | offenders. For a sexual predator subject to electronic home | ||||||
9 | monitoring under paragraph (7.7) of subsection (a) of Section | ||||||
10 | 3-3-7, the Department of Corrections must use a system that | ||||||
11 | actively monitors and identifies the offender's current | ||||||
12 | location and timely reports or records the offender's presence | ||||||
13 | and that alerts the Department of the offender's presence | ||||||
14 | within a prohibited area described in Section Sections 11-9.3 | ||||||
15 | and 11-9.4 of the Criminal Code of 2012 1961 , in a court order, | ||||||
16 | or as a condition of the offender's parole, mandatory | ||||||
17 | supervised release, or extended mandatory supervised release | ||||||
18 | and the offender's departure from specified geographic | ||||||
19 | limitations. To the extent that he or she is able to do so, | ||||||
20 | which the Department of Corrections by rule shall determine, | ||||||
21 | the offender must pay for the cost of the electronic home | ||||||
22 | monitoring.
| ||||||
23 | (Source: P.A. 94-988, eff. 1-1-07; 95-640, eff. 6-1-08 .)
| ||||||
24 | (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
|
| |||||||
| |||||||
1 | Sec. 5-9-1.3.
Fines for offenses involving theft, | ||||||
2 | deceptive practices, and
offenses against units of local | ||||||
3 | government or school districts.
| ||||||
4 | (a) When a person
has been adjudged guilty of a felony | ||||||
5 | under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, or 17-1 , | ||||||
6 | 17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section | ||||||
7 | 17-32 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 , a fine may be
levied by the court in an amount which is | ||||||
9 | the greater of $25,000 or twice
the value of the property which | ||||||
10 | is the subject of the offense.
| ||||||
11 | (b) When a person has been convicted of a felony under | ||||||
12 | Section 16-1 of the
Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 and the theft was committed upon any unit of local
| ||||||
14 | government or school district, or
the person has been convicted | ||||||
15 | of any violation of Sections 33C-1 through 33C-4
or Sections | ||||||
16 | 33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of | ||||||
17 | Section 17-10.3, of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012 , a fine may be
levied by the
court in an amount | ||||||
19 | that is the greater of $25,000 or treble the value of the
| ||||||
20 | property which is the subject of the offense or loss to the | ||||||
21 | unit of local
government or school district.
| ||||||
22 | (c) All fines imposed under subsection (b) of this Section | ||||||
23 | shall be
distributed as follows:
| ||||||
24 | (1) An amount equal to 30% shall be distributed to the | ||||||
25 | unit of local
government or school district
that was the | ||||||
26 | victim of the offense;
|
| |||||||
| |||||||
1 | (2) An amount equal to 30% shall be distributed to the | ||||||
2 | unit of local
government whose officers or employees | ||||||
3 | conducted the investigation into the
crimes against the | ||||||
4 | unit of local government or school district. Amounts
| ||||||
5 | distributed to units of local
government shall be used | ||||||
6 | solely for the enforcement of criminal laws protecting
| ||||||
7 | units of local government or school districts;
| ||||||
8 | (3) An amount equal to 30% shall be distributed to the | ||||||
9 | State's Attorney of
the county in which the prosecution | ||||||
10 | resulting in the conviction was instituted.
The funds shall | ||||||
11 | be used solely for the enforcement of criminal laws | ||||||
12 | protecting
units of local government or school districts; | ||||||
13 | and
| ||||||
14 | (4) An amount equal to 10% shall be distributed to the | ||||||
15 | circuit court clerk
of the
county where the prosecution | ||||||
16 | resulting in the conviction was instituted.
| ||||||
17 | (d) A fine order under subsection (b) of this Section is a | ||||||
18 | judgment lien in
favor of the victim unit of local government | ||||||
19 | or school district, the State's
Attorney of the county where
| ||||||
20 | the
violation
occurred, the law enforcement agency that | ||||||
21 | investigated the violation, and the
circuit court clerk.
| ||||||
22 | (Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11 .)
| ||||||
23 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||||||
24 | Sec. 5-9-1.7. Sexual assault fines.
| ||||||
25 | (a) Definitions. The terms used in this Section shall have |
| |||||||
| |||||||
1 | the following
meanings ascribed to them:
| ||||||
2 | (1) "Sexual assault" means the commission or attempted | ||||||
3 | commission of
the following: sexual exploitation of a | ||||||
4 | child, criminal sexual assault, predatory criminal sexual | ||||||
5 | assault of
a child, aggravated criminal sexual assault,
| ||||||
6 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
7 | indecent
solicitation of a child, public indecency, sexual | ||||||
8 | relations within
families, promoting juvenile | ||||||
9 | prostitution, soliciting for a juvenile prostitute, | ||||||
10 | keeping a place of juvenile
prostitution, patronizing a | ||||||
11 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
12 | child, obscenity, child pornography,
aggravated child | ||||||
13 | pornography, harmful material,
or ritualized abuse of a | ||||||
14 | child, as those offenses are defined in the Criminal Code | ||||||
15 | of 1961 or the Criminal Code of 2012 .
| ||||||
16 | (2) "Family member" shall have the meaning ascribed to | ||||||
17 | it in Section 11-0.1
of the Criminal Code of 2012 1961 .
| ||||||
18 | (3) "Sexual assault organization" means any | ||||||
19 | not-for-profit organization
providing comprehensive, | ||||||
20 | community-based services to victims of sexual assault.
| ||||||
21 | "Community-based services" include, but are not limited | ||||||
22 | to, direct crisis
intervention through a 24-hour response, | ||||||
23 | medical and legal advocacy,
counseling, information and | ||||||
24 | referral services, training, and community
education.
| ||||||
25 | (b) Sexual assault fine; collection by clerk.
| ||||||
26 | (1) In addition to any other penalty imposed, a fine of |
| |||||||
| |||||||
1 | $200 shall be
imposed upon any person who pleads guilty or | ||||||
2 | who is convicted of, or who
receives a disposition of court | ||||||
3 | supervision for, a sexual assault or attempt
of a sexual | ||||||
4 | assault. Upon request of the victim or the victim's
| ||||||
5 | representative, the court shall determine whether the fine | ||||||
6 | will impose an
undue burden on the victim of the offense. | ||||||
7 | For purposes of this paragraph,
the defendant may not be | ||||||
8 | considered the victim's representative. If the
court finds | ||||||
9 | that the fine would impose an undue burden on the victim, | ||||||
10 | the
court may reduce or waive the fine. The court shall | ||||||
11 | order that the
defendant may not use funds belonging solely | ||||||
12 | to the victim of the offense
for payment of the fine.
| ||||||
13 | (2) Sexual assault fines shall be assessed by the court | ||||||
14 | imposing the
sentence and shall be collected by the circuit | ||||||
15 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
16 | cover the costs involved in
administering and enforcing | ||||||
17 | this Section. The circuit clerk shall remit
the remainder | ||||||
18 | of each fine within one month of its receipt to the State
| ||||||
19 | Treasurer for deposit as follows:
| ||||||
20 | (i) for family member offenders, one-half to the | ||||||
21 | Sexual Assault
Services Fund, and one-half to the | ||||||
22 | Domestic Violence Shelter and Service
Fund; and
| ||||||
23 | (ii) for other than family member offenders, the | ||||||
24 | full amount to the
Sexual Assault Services Fund.
| ||||||
25 | (c) Sexual Assault Services Fund; administration. There is | ||||||
26 | created a
Sexual Assault Services Fund. Moneys deposited into |
| |||||||
| |||||||
1 | the Fund under this
Section shall be appropriated to the | ||||||
2 | Department of Public Health. Upon
appropriation of moneys from | ||||||
3 | the Sexual Assault Services Fund, the Department
of Public | ||||||
4 | Health shall make grants of these moneys from the Fund to | ||||||
5 | sexual
assault organizations with whom the Department has | ||||||
6 | contracts for the purpose of
providing community-based | ||||||
7 | services to victims of sexual assault. Grants made
under this | ||||||
8 | Section are in addition to, and are not substitutes for, other
| ||||||
9 | grants authorized and made by the Department.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13.)
| ||||||
11 | (730 ILCS 5/5-9-1.8)
| ||||||
12 | Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||||||
13 | 2006, 100% of the fines in
excess of $10,000 collected for | ||||||
14 | violations of Section 11-20.1 of the Criminal
Code of 1961 or | ||||||
15 | the Criminal Code of 2012 shall be deposited into the Child | ||||||
16 | Abuse Prevention Fund that is
created in the State Treasury. | ||||||
17 | Moneys in the Fund resulting from the fines
shall be for the | ||||||
18 | use of the
Department of Children and Family Services for | ||||||
19 | grants to private entities
giving treatment and counseling to | ||||||
20 | victims of child sexual abuse. | ||||||
21 | Notwithstanding any other provision of law, in addition to | ||||||
22 | any other transfers that may be provided by law, on July 1, | ||||||
23 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
24 | shall direct and the State Treasurer shall transfer the | ||||||
25 | remaining balance from the Child Sexual Abuse Fund into the |
| |||||||
| |||||||
1 | Child Abuse Prevention Fund. Upon completion of the transfer, | ||||||
2 | the Child Sexual Abuse Fund is dissolved, and any future | ||||||
3 | deposits due to that Fund and any outstanding obligations or | ||||||
4 | liabilities of the Fund pass to the Child Abuse Prevention | ||||||
5 | Fund.
| ||||||
6 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
7 | (730 ILCS 5/5-9-1.10)
| ||||||
8 | Sec. 5-9-1.10. Additional fines. There shall be added to | ||||||
9 | every penalty
imposed in sentencing for a violation of Sections | ||||||
10 | 24-1.1, 24-1.2, or
24-1.5 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 an additional fine of $100 payable to the
| ||||||
12 | clerk, which shall be imposed upon the entry of a judgment of | ||||||
13 | conviction.
This additional fee, less 2 1/2% that shall be
used | ||||||
14 | to defray administrative costs incurred by the clerk, shall be | ||||||
15 | remitted by
the clerk to the Treasurer within 60 days after | ||||||
16 | receipt for deposit into the
Trauma Center Fund. This | ||||||
17 | additional fee of $100 shall not be
considered a part of the
| ||||||
18 | fine for purposes of any reduction in the fine for time served | ||||||
19 | either before or
after sentencing.
Not later than March 1 of | ||||||
20 | each year the circuit clerk
shall submit a report of the amount | ||||||
21 | of funds remitted to the State
Treasurer under this Section | ||||||
22 | during the preceding calendar year.
All moneys
collected by the | ||||||
23 | circuit clerk and remitted to the State Treasurer under
Section | ||||||
24 | 27.6 of the Clerks of Courts Act shall be deposited into
the | ||||||
25 | Trauma
Center Fund for distribution as provided under Section |
| |||||||
| |||||||
1 | 3.225 of the Emergency
Medical Services (EMS) Systems Act.
| ||||||
2 | (Source: P.A. 89-516, eff. 7-18-96; 90-655, eff. 7-30-98.)
| ||||||
3 | (730 ILCS 5/5-9-1.14) | ||||||
4 | Sec. 5-9-1.14. Additional child pornography fines. In | ||||||
5 | addition to any other penalty imposed, a fine of $500 shall be | ||||||
6 | imposed upon a person convicted of child pornography under | ||||||
7 | Section 11-20.1 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 . Such additional fine shall be assessed by the | ||||||
9 | court imposing sentence and shall be collected by the circuit | ||||||
10 | clerk. Of this fee, $5 shall be deposited into the Circuit | ||||||
11 | Court Clerk Operation and Administrative Fund created by the | ||||||
12 | Clerk of the Circuit Court to be used to offset the costs | ||||||
13 | incurred by the Circuit Court Clerk in performing the | ||||||
14 | additional duties required to collect and disburse funds to | ||||||
15 | entities of State and local government as provided by law. Each | ||||||
16 | such additional fine shall be remitted by the Circuit Court | ||||||
17 | Clerk within one month after receipt to the unit of local | ||||||
18 | government whose law enforcement officers investigated the | ||||||
19 | case that gave rise to the conviction of the defendant for | ||||||
20 | child pornography.
| ||||||
21 | (Source: P.A. 95-191, eff. 1-1-08; 95-876, eff. 8-21-08.) | ||||||
22 | (730 ILCS 5/5-9-1.16) | ||||||
23 | Sec. 5-9-1.16. Protective order violation fees. | ||||||
24 | (a) There shall be added to every penalty imposed in |
| |||||||
| |||||||
1 | sentencing for a violation of an order of protection under | ||||||
2 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 an additional fee to be set in an amount | ||||||
4 | not less than $200 to be imposed upon a plea of guilty or | ||||||
5 | finding of guilty resulting in a judgment of conviction. | ||||||
6 | (b)
Such additional amount shall be assessed by the court | ||||||
7 | imposing sentence and shall be collected by the Circuit Clerk | ||||||
8 | in addition to the fine, if any, and costs in the case to be | ||||||
9 | used by the supervising authority in implementing the domestic | ||||||
10 | violence surveillance program. The clerk of the circuit court | ||||||
11 | shall pay all monies collected from this fee to the county | ||||||
12 | treasurer for deposit in the probation and court services fund | ||||||
13 | under Section 15.1 of the Probation and Probations Officers | ||||||
14 | Act. | ||||||
15 | (c) The supervising authority of a domestic violence | ||||||
16 | surveillance program under Section 5-8A-7 of this Act shall | ||||||
17 | assess a person either convicted of, or charged with, the | ||||||
18 | violation of an order of protection an additional fee to cover | ||||||
19 | the costs of providing the equipment used and the additional | ||||||
20 | supervision needed for such domestic violence surveillance | ||||||
21 | program. If the court finds that the fee would impose an undue | ||||||
22 | burden on the victim, the court may reduce or waive the fee. | ||||||
23 | The court shall order that the defendant may not use funds | ||||||
24 | belonging solely to the victim of the offense for payment of | ||||||
25 | the fee. | ||||||
26 | When the supervising authority is the court or the |
| |||||||
| |||||||
1 | probation and court services department, the fee shall be | ||||||
2 | collected by the circuit court clerk. The clerk of the circuit | ||||||
3 | court shall pay all monies collected from this fee and all | ||||||
4 | other required probation fees that are assessed to the county | ||||||
5 | treasurer for deposit in the probation and court services fund | ||||||
6 | under Section 15.1 of the Probation and Probations Officers | ||||||
7 | Act. In counties with a population of 2 million or more, when | ||||||
8 | the supervising authority is the court or the probation and | ||||||
9 | court services department, the fee shall be collected by the | ||||||
10 | supervising authority. In these counties, the supervising | ||||||
11 | authority shall pay all monies collected from this fee and all | ||||||
12 | other required probation fees that are assessed, to the county | ||||||
13 | treasurer for deposit in the probation and court services fund | ||||||
14 | under Section 15.1 of the Probation and Probation Officers Act. | ||||||
15 | When the supervising authority is the Department of | ||||||
16 | Corrections, the Department shall collect the fee for deposit | ||||||
17 | into the Illinois Department of Corrections "fund". The Circuit | ||||||
18 | Clerk shall retain 10% of such penalty and deposit that | ||||||
19 | percentage into the Circuit Court Clerk Operation and | ||||||
20 | Administrative Fund to cover the costs incurred in | ||||||
21 | administering and enforcing this Section. | ||||||
22 | (d) (Blank). | ||||||
23 | (e) (Blank).
| ||||||
24 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09; | ||||||
25 | 96-1551, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.19) | ||||||
2 | Sec. 5-9-1.19. Additional streetgang fine. In addition to | ||||||
3 | any other penalty imposed, a fine of $100 shall be imposed upon | ||||||
4 | a person convicted of any violation of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 who was, at the time of the | ||||||
6 | commission of the violation a streetgang member, as defined in | ||||||
7 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
8 | Prevention Act. Such additional fine shall be assessed by the | ||||||
9 | court imposing sentence and shall be collected by the circuit | ||||||
10 | clerk. Of this fee, $5 shall be deposited into the Circuit | ||||||
11 | Court Clerk Operation and Administrative Fund created by the | ||||||
12 | Clerk of the Circuit Court to be used to offset the costs | ||||||
13 | incurred by the Circuit Court Clerk in performing the | ||||||
14 | additional duties required to collect and disburse funds as | ||||||
15 | provided by law. Each such additional fine shall be remitted by | ||||||
16 | the Circuit Court Clerk within one month after receipt to the | ||||||
17 | State Police Streetgang-Related Crime Fund in the State | ||||||
18 | treasury.
| ||||||
19 | (Source: P.A. 96-1029, eff. 7-13-10.) | ||||||
20 | (730 ILCS 5/5-9-1.20) | ||||||
21 | Sec. 5-9-1.20. Additional violation of parole fines. In | ||||||
22 | addition to
any other penalty imposed, a fine of $25 shall be | ||||||
23 | imposed upon
a person convicted of any violation of the | ||||||
24 | Criminal Code of
1961 or the Criminal Code of 2012 who was, at | ||||||
25 | the time of the commission of the offense on parole or |
| |||||||
| |||||||
1 | mandatory supervised release. Such additional
fine shall be | ||||||
2 | assessed by the court imposing sentence and shall
be collected | ||||||
3 | by the circuit clerk. Of this fine, $5 shall be
deposited into | ||||||
4 | the Circuit Court Clerk Operation and
Administrative Fund | ||||||
5 | created by the Clerk of the Circuit Court
to be used to offset | ||||||
6 | the costs incurred by the Circuit Court
Clerk in performing the | ||||||
7 | additional duties required to collect
and disburse funds as | ||||||
8 | provided by law. The remainder of each such additional
fine | ||||||
9 | shall be remitted by the Circuit Court Clerk within one
month | ||||||
10 | after receipt to the State Treasurer for deposit into the | ||||||
11 | Illinois Department of Corrections Parole Division Offender | ||||||
12 | Supervision Fund in the State treasury.
| ||||||
13 | (Source: P.A. 97-262, eff. 8-5-11.) | ||||||
14 | Section 675. The Probation and Probation Officers Act is | ||||||
15 | amended by changing Section 16.1 as follows: | ||||||
16 | (730 ILCS 110/16.1)
| ||||||
17 | Sec. 16.1. Redeploy Illinois Program.
| ||||||
18 | (a) The purpose of this Section is to encourage the
| ||||||
19 | deinstitutionalization of juvenile offenders by establishing
| ||||||
20 | projects in counties or groups of counties that
reallocate | ||||||
21 | State funds from juvenile correctional confinement
to local | ||||||
22 | jurisdictions, which will establish a continuum of
local, | ||||||
23 | community-based sanctions and treatment alternatives
for | ||||||
24 | juvenile offenders who would be incarcerated if those
local |
| |||||||
| |||||||
1 | services and sanctions did not exist. It is also intended to | ||||||
2 | offer alternatives, when appropriate, to avoid commitment to | ||||||
3 | the Department of Juvenile Justice, to direct child welfare | ||||||
4 | services for minors charged with a criminal offense or | ||||||
5 | adjudicated delinquent under Section 5 of the Children and | ||||||
6 | Family Services Act. The allotment of
funds will be based on a | ||||||
7 | formula that rewards local
jurisdictions for the establishment | ||||||
8 | or expansion of local
alternatives to incarceration, and | ||||||
9 | requires them to pay for
utilization of incarceration as a | ||||||
10 | sanction. In addition, there shall be an allocation of | ||||||
11 | resources (amount to be determined annually by the Redeploy | ||||||
12 | Illinois Oversight Board) set aside at the beginning of each | ||||||
13 | fiscal year to be made available for any county or groups of | ||||||
14 | counties which need resources only occasionally for services to | ||||||
15 | avoid commitment to the Department of Juvenile Justice for a | ||||||
16 | limited number of youth. This redeployment
of funds shall be | ||||||
17 | made in a manner consistent with the
Juvenile Court Act of 1987 | ||||||
18 | and the following purposes and
policies:
| ||||||
19 | (1) The juvenile justice system should protect the
| ||||||
20 | community, impose accountability to victims and | ||||||
21 | communities for
violations of law,
and equip juvenile | ||||||
22 | offenders with competencies to live
responsibly and | ||||||
23 | productively.
| ||||||
24 | (2) Juveniles should be treated in the least
| ||||||
25 | restrictive manner possible while maintaining the safety
| ||||||
26 | of the community.
|
| |||||||
| |||||||
1 | (3) A continuum of services and sanctions from
least | ||||||
2 | restrictive to most restrictive should be available
in | ||||||
3 | every community.
| ||||||
4 | (4) There should be local responsibility and
authority | ||||||
5 | for planning, organizing, and coordinating
service | ||||||
6 | resources in the community. People in the
community can | ||||||
7 | best choose a range of services which
reflect community | ||||||
8 | values and meet the needs of their own
youth.
| ||||||
9 | (5) Juveniles who pose a threat to the community or
| ||||||
10 | themselves need special care, including secure settings.
| ||||||
11 | Such services as detention, long-term incarceration, or
| ||||||
12 | residential treatment are too costly to provide in each
| ||||||
13 | community and should be coordinated and provided on a
| ||||||
14 | regional or Statewide basis.
| ||||||
15 | (6) The roles of State and local government in
creating | ||||||
16 | and maintaining services to youth in the
juvenile justice | ||||||
17 | system should be clearly defined. The
role of the State is | ||||||
18 | to fund services, set standards of
care, train service | ||||||
19 | providers, and monitor the
integration and coordination of | ||||||
20 | services. The role of
local government should be to oversee | ||||||
21 | the provision of
services.
| ||||||
22 | (b) Each county or circuit participating in the Redeploy | ||||||
23 | Illinois
program must create a local plan demonstrating how it | ||||||
24 | will
reduce the county or circuit's utilization of secure
| ||||||
25 | confinement of juvenile offenders in the Illinois Department
of | ||||||
26 | Juvenile Justice or county detention centers by the creation or
|
| |||||||
| |||||||
1 | expansion of individualized services or programs that may
| ||||||
2 | include but are not limited to the following:
| ||||||
3 | (1) Assessment and evaluation services to provide
the | ||||||
4 | juvenile justice system with accurate individualized
case | ||||||
5 | information on each juvenile offender including
mental | ||||||
6 | health, substance abuse, educational, and family
| ||||||
7 | information;
| ||||||
8 | (2) Direct services to individual juvenile
offenders | ||||||
9 | including educational, vocational, mental
health, | ||||||
10 | substance abuse, supervision, and service
coordination; | ||||||
11 | and
| ||||||
12 | (3) Programs that seek to restore the offender to
the | ||||||
13 | community, such as victim offender panels, teen
courts, | ||||||
14 | competency building, enhanced accountability
measures, | ||||||
15 | restitution, and community service.
The local plan must be | ||||||
16 | directed in such a manner as to
emphasize an individualized | ||||||
17 | approach to providing services to
juvenile offenders in an | ||||||
18 | integrated community based system
including probation as | ||||||
19 | the broker of services. The plan must
also detail the | ||||||
20 | reduction in utilization of secure
confinement.
The local | ||||||
21 | plan shall be limited to services and shall not
include | ||||||
22 | costs for:
| ||||||
23 | (i) capital expenditures;
| ||||||
24 | (ii) renovations or remodeling;
| ||||||
25 | (iii) personnel costs for probation.
| ||||||
26 | The local plan shall be submitted to the Department of |
| |||||||
| |||||||
1 | Human
Services.
| ||||||
2 | (c) A county or group of counties may develop an
agreement | ||||||
3 | with the Department of Human Services to reduce their
number of
| ||||||
4 | commitments of juvenile offenders, excluding minors sentenced
| ||||||
5 | based upon a finding of guilt of first degree murder or an | ||||||
6 | offense which is a
Class X forcible felony as defined in the | ||||||
7 | Criminal Code of 2012 1961 , to the
Department of
Juvenile | ||||||
8 | Justice, and then use the savings to develop local
programming | ||||||
9 | for youth who would otherwise have been committed
to the | ||||||
10 | Department of Juvenile Justice. A county or group of
counties | ||||||
11 | shall agree to limit their commitments to 75% of the
level of | ||||||
12 | commitments from the average number of juvenile
commitments for | ||||||
13 | the past 3 years, and will receive the
savings to redeploy for | ||||||
14 | local programming for juveniles who
would otherwise be held in | ||||||
15 | confinement. For any county or group of counties with a | ||||||
16 | decrease of juvenile commitments of at least 25%, based on the | ||||||
17 | average reductions of the prior 3 years, which are chosen to | ||||||
18 | participate or continue as sites, the Redeploy Illinois | ||||||
19 | Oversight Board has the authority to reduce the required | ||||||
20 | percentage of future commitments to achieve the purpose of this | ||||||
21 | Section. The agreement shall
set forth the following:
| ||||||
22 | (1) a Statement of the number and type of juvenile
| ||||||
23 | offenders from the county who were held in secure
| ||||||
24 | confinement by the Illinois Department of Juvenile Justice | ||||||
25 | or
in county detention the previous year, and an | ||||||
26 | explanation
of which, and how many, of these offenders |
| |||||||
| |||||||
1 | might be
served through the proposed Redeploy Illinois | ||||||
2 | Program for
which the funds shall be used;
| ||||||
3 | (2) a Statement of the service needs of currently
| ||||||
4 | confined juveniles;
| ||||||
5 | (3) a Statement of the type of services and
programs to | ||||||
6 | provide for the individual needs of the
juvenile offenders, | ||||||
7 | and the research or evidence base
that qualifies those | ||||||
8 | services and programs as proven or
promising practices;
| ||||||
9 | (4) a budget indicating the costs of each service
or | ||||||
10 | program to be funded under the plan;
| ||||||
11 | (5) a summary of contracts and service agreements
| ||||||
12 | indicating the treatment goals and number of juvenile
| ||||||
13 | offenders to be served by each service provider; and
| ||||||
14 | (6) a Statement indicating that the Redeploy
Illinois | ||||||
15 | Program will not duplicate existing services and
programs. | ||||||
16 | Funds for this plan shall not supplant existing
county | ||||||
17 | funded programs.
| ||||||
18 | (d) (Blank).
| ||||||
19 | (d-5) A county or group of counties that does not have an | ||||||
20 | approved Redeploy Illinois program, as described in subsection | ||||||
21 | (b), and that has committed fewer than 10 Redeploy eligible | ||||||
22 | youth to the Department of Juvenile Justice on average over the | ||||||
23 | previous 3 years, may develop an individualized agreement with | ||||||
24 | the Department of Human Services through the Redeploy Illinois | ||||||
25 | program to provide services to youth to avoid commitment to the | ||||||
26 | Department of Juvenile Justice.
The agreement shall set forth |
| |||||||
| |||||||
1 | the following: | ||||||
2 | (1) a statement of the number and type of juvenile
| ||||||
3 | offenders from the county who were at risk under any of the | ||||||
4 | categories listed above during the 3 previous years, and an | ||||||
5 | explanation of which of these offenders would be served | ||||||
6 | through the proposed Redeploy Illinois program for which | ||||||
7 | the funds shall be used, or through individualized | ||||||
8 | contracts with existing Redeploy programs in neighboring | ||||||
9 | counties; | ||||||
10 | (2) a statement of the service needs; | ||||||
11 | (3) a statement of the type of services and programs
to | ||||||
12 | provide for the individual needs of the juvenile offenders, | ||||||
13 | and the research or evidence that qualifies those services | ||||||
14 | and programs as proven or promising practices; | ||||||
15 | (4) a budget indicating the costs of each service or
| ||||||
16 | program to be funded under the plan; | ||||||
17 | (5) a summary of contracts and service agreements
| ||||||
18 | indicating the treatment goals and number of juvenile | ||||||
19 | offenders to be served by each service provider; and | ||||||
20 | (6) a statement indicating that the Redeploy Illinois
| ||||||
21 | program will not duplicate existing services and programs. | ||||||
22 | Funds for this plan shall not supplant existing county | ||||||
23 | funded programs. | ||||||
24 | (e) The Department of Human Services shall be responsible | ||||||
25 | for
the
following:
| ||||||
26 | (1) Reviewing each Redeploy Illinois Program plan
for |
| |||||||
| |||||||
1 | compliance with standards established for such plans.
A | ||||||
2 | plan may be approved as submitted, approved with
| ||||||
3 | modifications, or rejected. No plan shall be considered
for | ||||||
4 | approval if the circuit or county is not in full
compliance | ||||||
5 | with all regulations, standards and guidelines
pertaining | ||||||
6 | to the delivery of basic probation services as
established | ||||||
7 | by the Supreme Court.
| ||||||
8 | (2) Monitoring on a continual basis and evaluating
| ||||||
9 | annually both the program and its fiscal activities in
all | ||||||
10 | counties receiving an allocation under the Redeploy
| ||||||
11 | Illinois Program. Any program or service that has not met
| ||||||
12 | the goals and objectives of its contract or service
| ||||||
13 | agreement shall be subject to denial for funding in
| ||||||
14 | subsequent years. The Department of Human Services shall
| ||||||
15 | evaluate the
effectiveness of the Redeploy Illinois | ||||||
16 | Program in each
circuit or county. In determining the | ||||||
17 | future funding for
the Redeploy Illinois Program under this | ||||||
18 | Act, the
evaluation shall include, as a primary indicator | ||||||
19 | of
success, a decreased number of confinement days for the
| ||||||
20 | county's juvenile offenders.
| ||||||
21 | (f) Any Redeploy Illinois Program allocations not
applied | ||||||
22 | for and approved by the Department of Human Services
shall be
| ||||||
23 | available for redistribution to approved plans for the
| ||||||
24 | remainder of that fiscal year. Any county that invests local
| ||||||
25 | moneys in the Redeploy Illinois Program shall be given first
| ||||||
26 | consideration for any redistribution of allocations. |
| |||||||
| |||||||
1 | Jurisdictions
participating in Redeploy Illinois that exceed | ||||||
2 | their agreed upon level of
commitments to the Department of | ||||||
3 | Juvenile Justice shall reimburse the
Department of Corrections | ||||||
4 | for each commitment above the agreed upon
level.
| ||||||
5 | (g) Implementation of Redeploy Illinois.
| ||||||
6 | (1) Oversight of Redeploy Illinois.
| ||||||
7 | (i) Redeploy Illinois Oversight Board. The | ||||||
8 | Department of Human Services
shall convene an | ||||||
9 | oversight board to oversee the Redeploy
Illinois
| ||||||
10 | Program. The Board shall include, but not be limited | ||||||
11 | to, designees from the
Department of Juvenile Justice, | ||||||
12 | the Administrative Office of Illinois Courts,
the | ||||||
13 | Illinois
Juvenile Justice Commission, the Illinois | ||||||
14 | Criminal Justice Information
Authority,
the Department | ||||||
15 | of Children and Family Services, the State Board of | ||||||
16 | Education,
the
Cook County State's Attorney, and a | ||||||
17 | State's Attorney selected by the President
of the
| ||||||
18 | Illinois State's Attorney's Association, the Cook | ||||||
19 | County Public Defender, a representative of the | ||||||
20 | defense bar appointed by the Chief Justice of the | ||||||
21 | Illinois Supreme Court, a representative of probation | ||||||
22 | appointed by the Chief Justice of the Illinois Supreme | ||||||
23 | Court, and judicial representation appointed by the | ||||||
24 | Chief Justice of the Illinois Supreme Court. Up to an | ||||||
25 | additional 9 members may be appointed by the Secretary | ||||||
26 | of Human Services from recommendations by the |
| |||||||
| |||||||
1 | Oversight Board; these appointees shall possess a | ||||||
2 | knowledge of juvenile justice issues and reflect the | ||||||
3 | collaborative public/private relationship of Redeploy | ||||||
4 | programs.
| ||||||
5 | (ii) Responsibilities of the Redeploy Illinois | ||||||
6 | Oversight
Board. The Oversight Board shall:
| ||||||
7 | (A) Identify jurisdictions to be included in | ||||||
8 | the program of Redeploy Illinois.
| ||||||
9 | (B) Develop a formula for reimbursement of | ||||||
10 | local
jurisdictions for local and community-based | ||||||
11 | services
utilized in lieu of commitment to the | ||||||
12 | Department of
Juvenile Justice, as well as for any | ||||||
13 | charges for local
jurisdictions for commitments | ||||||
14 | above the agreed upon
limit in the approved plan.
| ||||||
15 | (C) Identify resources sufficient to support | ||||||
16 | the
administration and evaluation of Redeploy | ||||||
17 | Illinois.
| ||||||
18 | (D) Develop a process and identify resources | ||||||
19 | to
support on-going monitoring and evaluation of
| ||||||
20 | Redeploy Illinois.
| ||||||
21 | (E) Develop a process and identify resources | ||||||
22 | to
support training on Redeploy Illinois.
| ||||||
23 | (E-5) Review proposed individualized | ||||||
24 | agreements and approve where appropriate the | ||||||
25 | distribution of resources. | ||||||
26 | (F) Report to the Governor and the General |
| |||||||
| |||||||
1 | Assembly
on an annual basis on the progress of | ||||||
2 | Redeploy
Illinois.
| ||||||
3 | (iii) Length of Planning Phase. The planning phase | ||||||
4 | may last
up to, but may in no event last longer than, | ||||||
5 | July 1, 2004.
| ||||||
6 | (2) (Blank).
| ||||||
7 | (3) There shall be created the Redeploy County Review | ||||||
8 | Committee composed of the designees of the Secretary of | ||||||
9 | Human Services and the Directors of Juvenile Justice, of | ||||||
10 | Children and Family Services, and of the Governor's Office | ||||||
11 | of Management and Budget who shall constitute a | ||||||
12 | subcommittee of the Redeploy
Illinois Oversight Board. | ||||||
13 | (h) Responsibilities of the County Review Committee. The | ||||||
14 | County Review Committee shall: | ||||||
15 | (1) Review individualized agreements from counties | ||||||
16 | requesting resources on an occasional basis for services | ||||||
17 | for youth described in subsection (d-5). | ||||||
18 | (2) Report its decisions to the Redeploy Illinois | ||||||
19 | Oversight Board at regularly scheduled meetings. | ||||||
20 | (3) Monitor the effectiveness of the resources in | ||||||
21 | meeting the mandates of the Redeploy Illinois program set | ||||||
22 | forth in this Section so these results might be included in | ||||||
23 | the Report described in clause (g)(1)(ii)(F). | ||||||
24 | (4) During the third quarter, assess the amount of | ||||||
25 | remaining funds available and necessary to complete the | ||||||
26 | fiscal year so that any unused funds may be distributed as |
| |||||||
| |||||||
1 | defined in subsection (f). | ||||||
2 | (5) Ensure that the number of youth from any applicant | ||||||
3 | county receiving individualized resources will not exceed | ||||||
4 | the previous three-year average of Redeploy eligible | ||||||
5 | recipients and that counties are in conformity with all | ||||||
6 | other elements of this law. | ||||||
7 | (i) Implementation of this Section is subject to | ||||||
8 | appropriation. | ||||||
9 | (j) Rulemaking authority to implement this amendatory Act | ||||||
10 | of the 95th General Assembly, if any, is conditioned on the | ||||||
11 | rules being adopted in accordance with all provisions of and | ||||||
12 | procedures and rules implementing the Illinois Administrative | ||||||
13 | Procedure Act; any purported rule not so adopted, for whatever | ||||||
14 | reason, is unauthorized. | ||||||
15 | (Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07; | ||||||
16 | 95-1050, eff. 1-1-10 .) | ||||||
17 | Section 680. The County Jail Good Behavior Allowance Act is | ||||||
18 | amended by changing Sections 3 and 3.1 as follows:
| ||||||
19 | (730 ILCS 130/3) (from Ch. 75, par. 32)
| ||||||
20 | Sec. 3.
The good behavior of any person who commences a | ||||||
21 | sentence of
confinement in a county jail for a fixed term of | ||||||
22 | imprisonment after January 1,
1987 shall entitle such person to | ||||||
23 | a good behavior allowance, except that: (1) a
person who | ||||||
24 | inflicted physical harm upon another person in committing the
|
| |||||||
| |||||||
1 | offense for which he is confined shall receive no good behavior | ||||||
2 | allowance; and
(2) a person sentenced for an offense for which | ||||||
3 | the law provides a mandatory
minimum sentence shall not receive | ||||||
4 | any portion of a good behavior allowance
that would reduce the | ||||||
5 | sentence below the mandatory minimum; and (3) a person
| ||||||
6 | sentenced to a county impact incarceration program; and (4) a | ||||||
7 | person who is
convicted of criminal sexual assault under | ||||||
8 | subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | ||||||
9 | Section 12-13
of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012 , criminal sexual abuse, or aggravated criminal
sexual | ||||||
11 | abuse shall receive no good
behavior allowance. The good | ||||||
12 | behavior
allowance provided for in this Section shall not apply | ||||||
13 | to individuals sentenced
for a felony to probation or | ||||||
14 | conditional discharge where a condition of such
probation or | ||||||
15 | conditional discharge is that the individual serve a sentence | ||||||
16 | of
periodic imprisonment or to individuals sentenced under an | ||||||
17 | order of court for
civil contempt.
| ||||||
18 | Such good behavior allowance shall be cumulative and | ||||||
19 | awarded as
provided in this Section.
| ||||||
20 | The good behavior allowance rate shall be cumulative and
| ||||||
21 | awarded on the following basis:
| ||||||
22 | The prisoner shall receive one day of good behavior | ||||||
23 | allowance for each
day of service of sentence in the county | ||||||
24 | jail, and one day of good behavior
allowance for each day of | ||||||
25 | incarceration in the county jail before sentencing
for the | ||||||
26 | offense that he or she is currently serving sentence but was |
| |||||||
| |||||||
1 | unable to
post bail before sentencing, except that a prisoner | ||||||
2 | serving a sentence of
periodic imprisonment under Section 5-7-1 | ||||||
3 | of the Unified Code of Corrections
shall only be eligible to | ||||||
4 | receive good behavior allowance if authorized by the
sentencing | ||||||
5 | judge. Each day of good behavior allowance shall reduce by one | ||||||
6 | day
the prisoner's period of incarceration set by the court. | ||||||
7 | For the purpose of
calculating a prisoner's good behavior | ||||||
8 | allowance, a fractional part of a day
shall not be calculated | ||||||
9 | as a day of service of sentence in the county jail
unless the | ||||||
10 | fractional part of the day is over 12 hours in which case a | ||||||
11 | whole
day shall be credited on the good behavior allowance.
| ||||||
12 | If consecutive sentences are served and the time served | ||||||
13 | amounts to a
total of one year or more, the good behavior | ||||||
14 | allowance shall be calculated
on a continuous basis throughout | ||||||
15 | the entire time served beginning on the
first date of sentence | ||||||
16 | or incarceration, as the case may be.
| ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
18 | (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
| ||||||
19 | Sec. 3.1. (a) Within 3 months after the effective date of | ||||||
20 | this
amendatory Act of 1986, the wardens who supervise | ||||||
21 | institutions under this
Act shall meet and agree upon uniform | ||||||
22 | rules and regulations for behavior
and conduct, penalties, and | ||||||
23 | the awarding, denying and revocation of good
behavior | ||||||
24 | allowance, in such institutions; and such rules and regulations
| ||||||
25 | shall be immediately promulgated and consistent with the |
| |||||||
| |||||||
1 | provisions of this
Act. Interim rules shall be provided by each | ||||||
2 | warden consistent with the
provision of this Act and shall be | ||||||
3 | effective until the promulgation of
uniform rules. All | ||||||
4 | disciplinary action shall be consistent with the
provisions of | ||||||
5 | this Act. Committed persons shall be informed of rules of
| ||||||
6 | behavior and conduct, the penalties for violation thereof, and | ||||||
7 | the
disciplinary procedure by which such penalties may be | ||||||
8 | imposed. Any rules,
penalties and procedures shall be posted | ||||||
9 | and made available to the committed persons.
| ||||||
10 | (b) Whenever a person is alleged to have violated a rule of | ||||||
11 | behavior, a
written report of the infraction shall be filed | ||||||
12 | with the warden within 72
hours of the occurrence of the | ||||||
13 | infraction or the discovery of it, and such
report shall be | ||||||
14 | placed in the file of the institution or facility. No
| ||||||
15 | disciplinary proceeding shall be commenced more than 8 days | ||||||
16 | after the infraction or the
discovery of it, unless the | ||||||
17 | committed person is unable or unavailable for
any reason to | ||||||
18 | participate in the disciplinary proceeding.
| ||||||
19 | (c) All or any of the good behavior allowance earned may be | ||||||
20 | revoked by
the warden, unless he initiates the charge, and in | ||||||
21 | that case by the
disciplinary board, for violations of rules of | ||||||
22 | behavior at any time prior
to discharge from the institution, | ||||||
23 | consistent with the provisions of this Act.
| ||||||
24 | (d) In disciplinary cases that may involve the loss of good | ||||||
25 | behavior
allowance or eligibility to earn good behavior | ||||||
26 | allowance, the warden shall
establish disciplinary procedures |
| |||||||
| |||||||
1 | consistent with the following principles:
| ||||||
2 | (1) The warden may establish one or more disciplinary | ||||||
3 | boards, made up of
one or more persons, to hear and | ||||||
4 | determine charges. Any person
who initiates a disciplinary | ||||||
5 | charge against a committed person shall not
serve on the | ||||||
6 | disciplinary board that will determine the disposition of | ||||||
7 | the
charge. In those cases in which the charge was | ||||||
8 | initiated by the warden, he
shall establish a disciplinary | ||||||
9 | board which will have the authority to
impose any | ||||||
10 | appropriate discipline.
| ||||||
11 | (2) Any committed person charged with a violation of | ||||||
12 | rules of behavior
shall be given notice of the charge, | ||||||
13 | including a statement of the
misconduct alleged and of the | ||||||
14 | rules this conduct is alleged to violate, no
less than 24 | ||||||
15 | hours before the disciplinary hearing.
| ||||||
16 | (3) Any committed person charged with a violation of | ||||||
17 | rules is entitled
to a hearing on that charge, at which | ||||||
18 | time he shall have an opportunity to
appear before and | ||||||
19 | address the warden or disciplinary board deciding the | ||||||
20 | charge.
| ||||||
21 | (4) The person or persons determining the disposition | ||||||
22 | of the charge may
also summon to testify any witnesses or | ||||||
23 | other persons with relevant
knowledge of the incident. The | ||||||
24 | person charged may be permitted to question
any person so | ||||||
25 | summoned.
| ||||||
26 | (5) If the charge is sustained, the person charged is |
| |||||||
| |||||||
1 | entitled to a
written statement, within 14 days after the | ||||||
2 | hearing, of the decision by the
warden or the disciplinary | ||||||
3 | board which determined the disposition of the
charge, and | ||||||
4 | the statement shall include the basis for the decision and | ||||||
5 | the
disciplinary action, if any, to be imposed.
| ||||||
6 | (6) The warden may impose the discipline recommended by | ||||||
7 | the disciplinary
board, or may reduce the discipline | ||||||
8 | recommended; however, no committed
person may be penalized | ||||||
9 | more than 30 days of good behavior allowance for
any one | ||||||
10 | infraction.
| ||||||
11 | (7) The warden, in appropriate cases, may restore good | ||||||
12 | behavior
allowance that has been revoked, suspended or | ||||||
13 | reduced.
| ||||||
14 | (e) The warden, or his or her designee, may revoke the good | ||||||
15 | behavior allowance specified in Section 3 of this Act of an | ||||||
16 | inmate who is sentenced to the Illinois Department of | ||||||
17 | Corrections for misconduct committed by the inmate while in | ||||||
18 | custody of the warden. If an inmate while in custody of the | ||||||
19 | warden is convicted of assault or battery on a peace officer, | ||||||
20 | correctional employee, or another inmate, or for criminal | ||||||
21 | damage to property or for bringing into or possessing | ||||||
22 | contraband in the penal institution in violation of Section | ||||||
23 | 31A-1.1 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012 , his or her day for day good behavior allowance shall be | ||||||
25 | revoked for each day such allowance was earned while the inmate | ||||||
26 | was in custody of the warden. |
| |||||||
| |||||||
1 | (Source: P.A. 96-495, eff. 1-1-10.)
| ||||||
2 | Section 685. The Arsonist Registration Act is amended by | ||||||
3 | changing Section 5 as follows: | ||||||
4 | (730 ILCS 148/5)
| ||||||
5 | Sec. 5. Definitions. In this Act: | ||||||
6 | (a) "Arsonist" means any person who is: | ||||||
7 |
(1) charged under Illinois law, or any
substantially | ||||||
8 | similar federal, Uniform Code of Military Justice, sister | ||||||
9 | state, or foreign country law, with an arson offense, set | ||||||
10 | forth in subsection (b) of this Section or the attempt to | ||||||
11 | commit an included arson offense, and:
| ||||||
12 | (i) is convicted of such offense or an attempt
to | ||||||
13 | commit such offense; or
| ||||||
14 | (ii) is found not guilty by reason of insanity of
| ||||||
15 | such offense or an attempt to commit such offense; or
| ||||||
16 | (iii) is found not guilty by reason of insanity
| ||||||
17 | under subsection (c) of Section 104-25 of the Code of | ||||||
18 | Criminal Procedure of 1963 of such offense or an | ||||||
19 | attempt to commit such offense; or
| ||||||
20 | (iv) is the subject of a finding not resulting in
| ||||||
21 | an acquittal at a hearing conducted under subsection | ||||||
22 | (a) of Section 104-25 of the Code of Criminal Procedure | ||||||
23 | of 1963 for the alleged commission or attempted | ||||||
24 | commission of such offense; or
|
| |||||||
| |||||||
1 | (v) is found not guilty by reason of insanity
| ||||||
2 | following a hearing conducted under a federal, Uniform | ||||||
3 | Code of Military Justice, sister state, or foreign | ||||||
4 | country law substantially similar to subsection (c) of | ||||||
5 | Section 104-25 of the Code of Criminal Procedure of | ||||||
6 | 1963 of such offense or of the attempted commission of | ||||||
7 | such offense; or
| ||||||
8 | (vi) is the subject of a finding not resulting in
| ||||||
9 | an acquittal at a hearing conducted under a federal, | ||||||
10 | Uniform Code of Military Justice, sister state, or | ||||||
11 | foreign country law substantially similar to | ||||||
12 | subsection (a) of Section 104-25 of the Code of | ||||||
13 | Criminal Procedure of 1963 for the alleged violation or | ||||||
14 | attempted commission of such offense; | ||||||
15 | (2) is a minor who has been tried and convicted in an | ||||||
16 | adult criminal prosecution as the result
of committing or | ||||||
17 | attempting to commit an offense specified in subsection (b) | ||||||
18 | of this Section or a violation of any substantially similar | ||||||
19 | federal, Uniform Code of Military Justice, sister state, or | ||||||
20 | foreign country law.
Convictions that result from or are | ||||||
21 | connected with the same act, or result from offenses | ||||||
22 | committed at the same time, shall be counted for the | ||||||
23 | purpose of this Act as one conviction. Any conviction set | ||||||
24 | aside under law is not a conviction for purposes of this | ||||||
25 | Act.
| ||||||
26 | (b) "Arson offense" means:
|
| |||||||
| |||||||
1 | (1) A violation of any of the following Sections of
the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012 :
| ||||||
3 | (i) 20-1 (arson ; residential arson; place of | ||||||
4 | worship arson ), | ||||||
5 | (ii) 20-1.1 (aggravated arson), | ||||||
6 | (iii) 20-1(b) or 20-1.2 (residential arson), | ||||||
7 | (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
| ||||||
8 | (v) 20-2 (possession of explosives or explosive or | ||||||
9 | incendiary devices), or | ||||||
10 | (vi) An attempt to commit any of the offenses | ||||||
11 | listed in clauses (i) through (v).
| ||||||
12 | (2) A violation of any former law of this State
| ||||||
13 | substantially equivalent to any offense listed in | ||||||
14 | subsection (b) of this Section. | ||||||
15 | (c) A conviction for an offense of federal law, Uniform | ||||||
16 | Code of Military Justice, or the law of another state or a | ||||||
17 | foreign country that is substantially equivalent to any offense | ||||||
18 | listed in subsection (b) of this Section shall constitute a | ||||||
19 | conviction for the purpose of this Act.
| ||||||
20 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
21 | Chief of Police in each of the municipalities in which the | ||||||
22 | arsonist expects to reside, work, or attend school (1) upon his | ||||||
23 | or her discharge, parole or release or (2) during the service | ||||||
24 | of his or her sentence of probation or conditional discharge, | ||||||
25 | or the Sheriff of the county, in the event no Police Chief | ||||||
26 | exists or if the offender intends to reside, work, or attend |
| |||||||
| |||||||
1 | school in an unincorporated area. "Law enforcement agency | ||||||
2 | having jurisdiction" includes the location where out-of-state | ||||||
3 | students attend school and where out-of-state employees are | ||||||
4 | employed or are otherwise required to register.
| ||||||
5 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
6 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
7 | part-time basis, in any public or private educational | ||||||
8 | institution, including, but not limited to, any secondary | ||||||
9 | school, trade or professional institution, or institution of | ||||||
10 | higher learning.
| ||||||
11 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
12 | in this Section, who works in Illinois, regardless of whether | ||||||
13 | the individual receives payment for services performed, for a | ||||||
14 | period of time of 10 or more days or for an aggregate period of | ||||||
15 | time of 30 or more days during any calendar year. Persons who | ||||||
16 | operate motor vehicles in the State accrue one day of | ||||||
17 | employment time for any portion of a day spent in Illinois.
| ||||||
18 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
19 | Enforcement Analysis and Reporting System.
| ||||||
20 | (Source: P.A. 97-1108, eff. 1-1-13.) | ||||||
21 | Section 690. The Sex Offender Registration Act is amended | ||||||
22 | by changing Sections 2, 3, 6, and 8 as follows:
| ||||||
23 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
24 | Sec. 2. Definitions.
|
| |||||||
| |||||||
1 | (A) As used in this Article, "sex offender" means any | ||||||
2 | person who is:
| ||||||
3 | (1) charged pursuant to Illinois law, or any | ||||||
4 | substantially similar
federal, Uniform Code of Military | ||||||
5 | Justice, sister state, or foreign country
law,
with a sex | ||||||
6 | offense set forth
in subsection (B) of this Section or the | ||||||
7 | attempt to commit an included sex
offense, and:
| ||||||
8 | (a) is convicted of such offense or an attempt to | ||||||
9 | commit such offense;
or
| ||||||
10 | (b) is found not guilty by reason of insanity of | ||||||
11 | such offense or an
attempt to commit such offense; or
| ||||||
12 | (c) is found not guilty by reason of insanity | ||||||
13 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
14 | Procedure of 1963 of such offense or an
attempt to | ||||||
15 | commit such offense; or
| ||||||
16 | (d) is the subject of a finding not resulting in an | ||||||
17 | acquittal at a
hearing conducted pursuant to Section | ||||||
18 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
19 | the alleged commission or attempted commission of such
| ||||||
20 | offense; or
| ||||||
21 | (e) is found not guilty by reason of insanity | ||||||
22 | following a hearing
conducted pursuant to a federal, | ||||||
23 | Uniform Code of Military Justice, sister
state, or | ||||||
24 | foreign country law
substantially similar to Section | ||||||
25 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
26 | such offense or of the attempted commission of such |
| |||||||
| |||||||
1 | offense; or
| ||||||
2 | (f) is the subject of a finding not resulting in an | ||||||
3 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
4 | Uniform Code of Military Justice,
sister state, or | ||||||
5 | foreign country law
substantially similar to Section | ||||||
6 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
7 | the alleged violation or attempted commission of such | ||||||
8 | offense;
or
| ||||||
9 | (2) declared as a sexually dangerous person pursuant to | ||||||
10 | the Illinois
Sexually Dangerous Persons Act, or any | ||||||
11 | substantially similar federal, Uniform
Code of Military | ||||||
12 | Justice, sister
state, or foreign country law; or
| ||||||
13 | (3) subject to the provisions of Section 2 of the | ||||||
14 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
15 | or
| ||||||
16 | (4) found to be a sexually violent person pursuant to | ||||||
17 | the Sexually
Violent Persons Commitment Act or any | ||||||
18 | substantially similar federal, Uniform
Code of Military | ||||||
19 | Justice, sister
state, or foreign country law; or
| ||||||
20 | (5) adjudicated a juvenile delinquent as the result of | ||||||
21 | committing or
attempting to commit an act which, if | ||||||
22 | committed by an adult, would constitute
any of the offenses | ||||||
23 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
24 | violation of any substantially similar federal, Uniform | ||||||
25 | Code of Military
Justice, sister state, or foreign
country | ||||||
26 | law, or found guilty under Article V of the Juvenile Court |
| |||||||
| |||||||
1 | Act of 1987
of committing or attempting to commit an act | ||||||
2 | which, if committed by an adult,
would constitute any of | ||||||
3 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
4 | Section or a violation of any substantially similar | ||||||
5 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
6 | foreign country law.
| ||||||
7 | Convictions that result from or are connected with the same | ||||||
8 | act, or result
from offenses committed at the same time, shall | ||||||
9 | be counted for the purpose of
this Article as one conviction. | ||||||
10 | Any conviction set aside pursuant to law is
not a conviction | ||||||
11 | for purposes of this Article.
| ||||||
12 |
For purposes of this Section, "convicted" shall have the | ||||||
13 | same meaning as
"adjudicated".
| ||||||
14 | (B) As used in this Article, "sex offense" means:
| ||||||
15 | (1) A violation of any of the following Sections of the | ||||||
16 | Criminal Code of
1961 or the Criminal Code of 2012 :
| ||||||
17 | 11-20.1 (child pornography),
| ||||||
18 | 11-20.1B or 11-20.3 (aggravated child | ||||||
19 | pornography),
| ||||||
20 | 11-6 (indecent solicitation of a child),
| ||||||
21 | 11-9.1 (sexual exploitation of a child),
| ||||||
22 | 11-9.2 (custodial sexual misconduct),
| ||||||
23 | 11-9.5 (sexual misconduct with a person with a | ||||||
24 | disability), | ||||||
25 | 11-14.4 (promoting juvenile prostitution),
| ||||||
26 | 11-15.1 (soliciting for a juvenile prostitute),
|
| |||||||
| |||||||
1 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
2 | 11-17.1 (keeping a place of juvenile | ||||||
3 | prostitution),
| ||||||
4 | 11-19.1 (juvenile pimping),
| ||||||
5 | 11-19.2 (exploitation of a child),
| ||||||
6 | 11-25 (grooming), | ||||||
7 | 11-26 (traveling to meet a minor),
| ||||||
8 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
10 | assault),
| ||||||
11 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
12 | assault of a child),
| ||||||
13 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
14 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
15 | abuse),
| ||||||
16 | 12-33 (ritualized abuse of a child).
| ||||||
17 | An attempt to commit any of these offenses.
| ||||||
18 | (1.5)
A violation of any of the following Sections of | ||||||
19 | the
Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
20 | when the victim is a person under 18 years of age, the
| ||||||
21 | defendant is not a parent of the victim, the offense was | ||||||
22 | sexually motivated as defined in Section 10 of the Sex | ||||||
23 | Offender Evaluation and Treatment Act, and the offense was | ||||||
24 | committed on or
after January 1, 1996:
| ||||||
25 | 10-1 (kidnapping),
| ||||||
26 | 10-2 (aggravated kidnapping),
|
| |||||||
| |||||||
1 | 10-3 (unlawful restraint),
| ||||||
2 | 10-3.1 (aggravated unlawful restraint).
| ||||||
3 | If the offense was committed before January 1, 1996, it | ||||||
4 | is a sex offense requiring registration only when the | ||||||
5 | person is convicted of any felony after July 1, 2011, and | ||||||
6 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
7 | applies.
| ||||||
8 | (1.6)
First degree murder under Section 9-1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||||||
10 | provided the offense was sexually motivated as defined in | ||||||
11 | Section 10 of the Sex Offender Management Board Act.
| ||||||
12 | (1.7) (Blank).
| ||||||
13 | (1.8) A violation or attempted violation of Section | ||||||
14 | 11-11 (sexual
relations within families) of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 , and the offense | ||||||
16 | was committed on or after
June 1, 1997. If the offense was | ||||||
17 | committed before June 1, 1997, it is a sex offense | ||||||
18 | requiring registration only when the person is convicted of | ||||||
19 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
20 | subsection (c) of Section 3 of this Act applies.
| ||||||
21 | (1.9) Child abduction under paragraph (10) of | ||||||
22 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 committed by luring or
| ||||||
24 | attempting to lure a child under the age of 16 into a motor | ||||||
25 | vehicle, building,
house trailer, or dwelling place | ||||||
26 | without the consent of the parent or lawful
custodian of |
| |||||||
| |||||||
1 | the child for other than a lawful purpose and the offense | ||||||
2 | was
committed on or after January 1, 1998, provided the | ||||||
3 | offense was sexually motivated as defined in Section 10 of | ||||||
4 | the Sex Offender Management Board Act. If the offense was | ||||||
5 | committed before January 1, 1998, it is a sex offense | ||||||
6 | requiring registration only when the person is convicted of | ||||||
7 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
8 | subsection (c) of Section 3 of this Act applies.
| ||||||
9 | (1.10) A violation or attempted violation of any of the | ||||||
10 | following Sections
of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 when the offense was committed on or | ||||||
12 | after July
1, 1999:
| ||||||
13 | 10-4 (forcible detention, if the victim is under 18 | ||||||
14 | years of age), provided the offense was sexually | ||||||
15 | motivated as defined in Section 10 of the Sex Offender | ||||||
16 | Management Board Act,
| ||||||
17 | 11-6.5 (indecent solicitation of an adult),
| ||||||
18 | 11-14.3 that involves soliciting for a prostitute, | ||||||
19 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
20 | under 18 years
of age),
| ||||||
21 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
22 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
23 | under 18 years of age),
| ||||||
24 | 11-18 (patronizing a prostitute, if the victim is | ||||||
25 | under 18 years
of age),
| ||||||
26 | subdivision (a)(2)(C) of Section 11-14.3, or |
| |||||||
| |||||||
1 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
2 | of age).
| ||||||
3 | If the offense was committed before July 1, 1999, it is | ||||||
4 | a sex offense requiring registration only when the person | ||||||
5 | is convicted of any felony after July 1, 2011, and | ||||||
6 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
7 | applies.
| ||||||
8 | (1.11) A violation or attempted violation of any of the | ||||||
9 | following
Sections of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 when the offense was committed on or
| ||||||
11 | after August 22, 2002:
| ||||||
12 | 11-9 or 11-30 (public indecency for a third or | ||||||
13 | subsequent conviction). | ||||||
14 | If the third or subsequent conviction was imposed | ||||||
15 | before August 22, 2002, it is a sex offense requiring | ||||||
16 | registration only when the person is convicted of any | ||||||
17 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
18 | subsection (c) of Section 3 of this Act applies.
| ||||||
19 | (1.12) A violation or attempted violation of Section
| ||||||
20 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
22 | (permitting sexual abuse) when the
offense was committed on | ||||||
23 | or after August 22, 2002. If the offense was committed | ||||||
24 | before August 22, 2002, it is a sex offense requiring | ||||||
25 | registration only when the person is convicted of any | ||||||
26 | felony after July 1, 2011, and paragraph (2.1) of |
| |||||||
| |||||||
1 | subsection (c) of Section 3 of this Act applies.
| ||||||
2 | (2) A violation of any former law of this State | ||||||
3 | substantially equivalent
to any offense listed in | ||||||
4 | subsection (B) of this Section.
| ||||||
5 | (C) A conviction for an offense of federal law, Uniform | ||||||
6 | Code of Military
Justice, or the law of another state
or a | ||||||
7 | foreign country that is substantially equivalent to any offense | ||||||
8 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
9 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
10 | A finding or adjudication as a sexually dangerous person
or a | ||||||
11 | sexually violent person under any federal law, Uniform Code of | ||||||
12 | Military
Justice, or the law of another state or
foreign | ||||||
13 | country that is substantially equivalent to the Sexually | ||||||
14 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
15 | Commitment Act shall constitute an
adjudication for the | ||||||
16 | purposes of this Article.
| ||||||
17 | (C-5) A person at least 17 years of age at the time of the | ||||||
18 | commission of
the offense who is convicted of first degree | ||||||
19 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 , against a person
under 18 years of age, | ||||||
21 | shall be required to register
for natural life.
A conviction | ||||||
22 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
23 | sister state, or foreign country law that is substantially | ||||||
24 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
25 | Section shall constitute a
conviction for the purpose of this | ||||||
26 | Article. This subsection (C-5) applies to a person who |
| |||||||
| |||||||
1 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
2 | incarcerated in an Illinois Department of Corrections facility | ||||||
3 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
4 | or (ii) subparagraph (i) does not apply and the person is | ||||||
5 | convicted of any felony after July 1, 2011, and paragraph (2.1) | ||||||
6 | of subsection (c) of Section 3 of this Act applies.
| ||||||
7 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
8 | of first degree murder as defined in Section 9-1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 , against a | ||||||
10 | person 18 years of age or over, shall be required to register | ||||||
11 | for his or her natural life. A conviction for an offense of | ||||||
12 | federal, Uniform Code of Military Justice, sister state, or | ||||||
13 | foreign country law that is substantially equivalent to any | ||||||
14 | offense listed in subsection (C-6) of this Section shall | ||||||
15 | constitute a conviction for the purpose of this Article. This | ||||||
16 | subsection (C-6) does not apply to those individuals released | ||||||
17 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
18 | (the effective date of Public Act 97-154). | ||||||
19 | (D) As used in this Article, "law enforcement agency having | ||||||
20 | jurisdiction"
means the Chief of Police in each of the | ||||||
21 | municipalities in which the sex offender
expects to reside, | ||||||
22 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
23 | release or
(2) during the service of his or her sentence of | ||||||
24 | probation or conditional
discharge, or the Sheriff of the | ||||||
25 | county, in the event no Police Chief exists
or if the offender | ||||||
26 | intends to reside, work, or attend school in an
unincorporated |
| |||||||
| |||||||
1 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
2 | the location where
out-of-state students attend school and | ||||||
3 | where out-of-state employees are
employed or are otherwise | ||||||
4 | required to register.
| ||||||
5 | (D-1) As used in this Article, "supervising officer" means | ||||||
6 | the assigned Illinois Department of Corrections parole agent or | ||||||
7 | county probation officer. | ||||||
8 | (E) As used in this Article, "sexual predator" means any | ||||||
9 | person who,
after July 1, 1999, is:
| ||||||
10 | (1) Convicted for an offense of federal, Uniform Code | ||||||
11 | of Military
Justice, sister state, or foreign country law | ||||||
12 | that is substantially equivalent
to any offense listed in | ||||||
13 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
14 | conviction for the purpose of this Article.
Convicted of a | ||||||
15 | violation or attempted violation of any of the following
| ||||||
16 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012 :
| ||||||
18 | 10-5.1 (luring of a minor),
| ||||||
19 | 11-14.4 that involves keeping a place of juvenile | ||||||
20 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
21 | prostitution),
| ||||||
22 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
23 | or Section 11-19.1 (juvenile pimping),
| ||||||
24 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
25 | 11-19.2 (exploitation of a child),
| ||||||
26 | 11-20.1 (child pornography),
|
| |||||||
| |||||||
1 | 11-20.1B or 11-20.3 (aggravated child | ||||||
2 | pornography),
| ||||||
3 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
4 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
5 | assault),
| ||||||
6 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
7 | assault of a child),
| ||||||
8 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
9 | abuse),
| ||||||
10 | 12-33 (ritualized abuse of a child);
| ||||||
11 | (2) (blank);
| ||||||
12 | (3) declared as a sexually dangerous person pursuant to | ||||||
13 | the Sexually
Dangerous Persons Act or any substantially | ||||||
14 | similar federal, Uniform Code of
Military Justice, sister | ||||||
15 | state, or
foreign country law;
| ||||||
16 | (4) found to be a sexually violent person pursuant to | ||||||
17 | the Sexually Violent
Persons Commitment Act or any | ||||||
18 | substantially similar federal, Uniform Code of
Military | ||||||
19 | Justice, sister state, or
foreign country law;
| ||||||
20 | (5) convicted of a second or subsequent offense which | ||||||
21 | requires
registration pursuant to this Act. For purposes of | ||||||
22 | this paragraph
(5), "convicted" shall include a conviction | ||||||
23 | under any
substantially similar
Illinois, federal, Uniform | ||||||
24 | Code of Military Justice, sister state, or
foreign country | ||||||
25 | law;
| ||||||
26 | (6) (blank); or |
| |||||||
| |||||||
1 | (7) if the person was convicted of an offense set forth | ||||||
2 | in this subsection (E) on or before July 1, 1999, the | ||||||
3 | person is a sexual predator for whom registration is | ||||||
4 | required only when the person is convicted of a felony | ||||||
5 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
6 | subsection (c) of Section 3 of this Act applies. | ||||||
7 | (E-5) As used in this Article, "sexual predator" also means | ||||||
8 | a person convicted of a violation or attempted violation of any | ||||||
9 | of the following
Sections of the
Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 : | ||||||
11 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
12 | was a person under 18 years of age and the defendant was at | ||||||
13 | least
17 years of age at the time of the commission of the | ||||||
14 | offense, provided the offense was sexually motivated as | ||||||
15 | defined in Section 10 of the Sex Offender Management Board | ||||||
16 | Act); | ||||||
17 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
18 | with a disability); | ||||||
19 | (3) when the victim is a person under 18 years of age, | ||||||
20 | the
defendant is not a parent of the victim, the offense | ||||||
21 | was sexually motivated as defined in Section 10 of the Sex | ||||||
22 | Offender Management Board Act, and the offense was | ||||||
23 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
24 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
25 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
26 | 10-3.1 (aggravated unlawful restraint); and |
| |||||||
| |||||||
1 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
2 | luring or
attempting to lure a child under the age of 16 | ||||||
3 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
4 | place without the consent of the parent or lawful
custodian | ||||||
5 | of the child for other than a lawful purpose and the | ||||||
6 | offense was
committed on or after January 1, 1998, provided | ||||||
7 | the offense was sexually motivated as defined in Section 10 | ||||||
8 | of the Sex Offender Management Board Act). | ||||||
9 | (E-10) As used in this Article, "sexual predator" also | ||||||
10 | means a person required to register in another State due to a | ||||||
11 | conviction, adjudication or other action of any court | ||||||
12 | triggering an obligation to register as a sex offender, sexual | ||||||
13 | predator, or substantially similar status under the laws of | ||||||
14 | that State. | ||||||
15 | (F) As used in this Article, "out-of-state student" means | ||||||
16 | any sex
offender, as defined in this Section,
or sexual | ||||||
17 | predator who is enrolled in Illinois, on a full-time or | ||||||
18 | part-time
basis, in any public or private educational | ||||||
19 | institution, including, but not
limited to, any secondary | ||||||
20 | school, trade or professional institution, or
institution of | ||||||
21 | higher learning.
| ||||||
22 | (G) As used in this Article, "out-of-state employee" means | ||||||
23 | any sex
offender, as defined in this Section,
or sexual | ||||||
24 | predator who works in Illinois, regardless of whether the | ||||||
25 | individual
receives payment for services performed, for a | ||||||
26 | period of time of 10 or more days
or for an aggregate period of |
| |||||||
| |||||||
1 | time of 30 or more days
during any calendar year.
Persons who | ||||||
2 | operate motor vehicles in the State accrue one day of | ||||||
3 | employment
time for any portion of a day spent in Illinois.
| ||||||
4 | (H) As used in this Article, "school" means any public or | ||||||
5 | private educational institution, including, but not limited | ||||||
6 | to, any elementary or secondary school, trade or professional | ||||||
7 | institution, or institution of higher education. | ||||||
8 | (I) As used in this Article, "fixed residence" means any | ||||||
9 | and all places that a sex offender resides for an aggregate | ||||||
10 | period of time of 5 or more days in a calendar year.
| ||||||
11 | (J) As used in this Article, "Internet protocol address" | ||||||
12 | means the string of numbers by which a location on the Internet | ||||||
13 | is identified by routers or other computers connected to the | ||||||
14 | Internet. | ||||||
15 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||
16 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||
17 | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. | ||||||
18 | 1-1-13; revised 9-20-12.) | ||||||
19 | (730 ILCS 150/3) | ||||||
20 | Sec. 3. Duty to register.
| ||||||
21 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
22 | sexual
predator shall, within the time period
prescribed in | ||||||
23 | subsections (b) and (c), register in person
and provide | ||||||
24 | accurate information as required by the Department of State
| ||||||
25 | Police. Such information shall include a current photograph,
|
| |||||||
| |||||||
1 | current address,
current place of employment, the sex | ||||||
2 | offender's or sexual predator's telephone number, including | ||||||
3 | cellular telephone number, the employer's telephone number, | ||||||
4 | school attended, all e-mail addresses, instant messaging | ||||||
5 | identities, chat room identities, and other Internet | ||||||
6 | communications identities that the sex offender uses or plans | ||||||
7 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
8 | by the sex offender, all blogs and other Internet sites | ||||||
9 | maintained by the sex offender or to which the sex offender has | ||||||
10 | uploaded any content or posted any messages or information, | ||||||
11 | extensions of the time period for registering as provided in | ||||||
12 | this Article and, if an extension was granted, the reason why | ||||||
13 | the extension was granted and the date the sex offender was | ||||||
14 | notified of the extension. The information shall also include a | ||||||
15 | copy of the terms and conditions of parole or release signed by | ||||||
16 | the sex offender and given to the sex offender by his or her | ||||||
17 | supervising officer, the county of conviction, license plate | ||||||
18 | numbers for every vehicle registered in the name of the sex | ||||||
19 | offender, the age of the sex offender at the time of the | ||||||
20 | commission of the offense, the age of the victim at the time of | ||||||
21 | the commission of the offense, and any distinguishing marks | ||||||
22 | located on the body of the sex offender. A sex offender | ||||||
23 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
24 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
25 | shall provide all Internet protocol (IP) addresses in his or | ||||||
26 | her residence, registered in his or her name, accessible at his |
| |||||||
| |||||||
1 | or her place of employment, or otherwise under his or her | ||||||
2 | control or custody. If the sex offender is a child sex offender | ||||||
3 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 , the sex offender shall | ||||||
5 | report to the registering agency whether he or she is living in | ||||||
6 | a household with a child under 18 years of age who is not his or | ||||||
7 | her own child, provided that his or her own child is not the | ||||||
8 | victim of the sex offense. The sex offender or
sexual predator | ||||||
9 | shall register:
| ||||||
10 | (1) with the chief of police in the municipality in | ||||||
11 | which he or she
resides or is temporarily domiciled for a | ||||||
12 | period of time of 3 or more
days, unless the
municipality | ||||||
13 | is the City of Chicago, in which case he or she shall | ||||||
14 | register
at the Chicago Police Department Headquarters; or
| ||||||
15 | (2) with the sheriff in the county in which
he or she | ||||||
16 | resides or is
temporarily domiciled
for a period of time of | ||||||
17 | 3 or more days in an unincorporated
area or, if | ||||||
18 | incorporated, no police chief exists.
| ||||||
19 | If the sex offender or sexual predator is employed at or | ||||||
20 | attends an institution of higher education, he or she shall | ||||||
21 | also register:
| ||||||
22 | (i) with: | ||||||
23 | (A) the chief of police in the municipality in | ||||||
24 | which he or she is employed at or attends an | ||||||
25 | institution of higher education, unless the | ||||||
26 | municipality is the City of Chicago, in which case he |
| |||||||
| |||||||
1 | or she shall register at the Chicago Police Department | ||||||
2 | Headquarters; or | ||||||
3 | (B) the sheriff in the county in which he or she is | ||||||
4 | employed or attends an institution of higher education | ||||||
5 | located in an unincorporated area, or if incorporated, | ||||||
6 | no police chief exists; and
| ||||||
7 | (ii) with the public safety or security director of the | ||||||
8 | institution of higher education which he or she is employed | ||||||
9 | at or attends.
| ||||||
10 | The registration fees shall only apply to the municipality | ||||||
11 | or county of primary registration, and not to campus | ||||||
12 | registration. | ||||||
13 | For purposes of this Article, the place of residence or | ||||||
14 | temporary
domicile is defined as any and all places where the | ||||||
15 | sex offender resides
for an aggregate period of time of 3 or | ||||||
16 | more days during any calendar year.
Any person required to | ||||||
17 | register under this Article who lacks a fixed address or | ||||||
18 | temporary domicile must notify, in person, the agency of | ||||||
19 | jurisdiction of his or her last known address within 3 days | ||||||
20 | after ceasing to have a fixed residence. | ||||||
21 | A sex offender or sexual predator who is temporarily absent | ||||||
22 | from his or her current address of registration for 3 or more | ||||||
23 | days shall notify the law enforcement agency having | ||||||
24 | jurisdiction of his or her current registration, including the | ||||||
25 | itinerary for travel, in the manner provided in Section 6 of | ||||||
26 | this Act for notification to the law enforcement agency having |
| |||||||
| |||||||
1 | jurisdiction of change of address. | ||||||
2 | Any person who lacks a fixed residence must report weekly, | ||||||
3 | in person, with the sheriff's office of the county in which he | ||||||
4 | or she is located in an unincorporated area, or with the chief | ||||||
5 | of police in the municipality in which he or she is located. | ||||||
6 | The agency of jurisdiction will document each weekly | ||||||
7 | registration to include all the locations where the person has | ||||||
8 | stayed during the past 7 days.
| ||||||
9 | The sex offender or sexual predator shall provide accurate | ||||||
10 | information
as required by the Department of State Police. That | ||||||
11 | information shall include
the sex offender's or sexual | ||||||
12 | predator's current place of employment.
| ||||||
13 | (a-5) An out-of-state student or out-of-state employee | ||||||
14 | shall,
within 3 days after beginning school or employment in | ||||||
15 | this State,
register in person and provide accurate information | ||||||
16 | as required by the
Department of State Police. Such information | ||||||
17 | will include current place of
employment, school attended, and | ||||||
18 | address in state of residence. A sex offender convicted under | ||||||
19 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
21 | provide all Internet protocol (IP) addresses in his or her | ||||||
22 | residence, registered in his or her name, accessible at his or | ||||||
23 | her place of employment, or otherwise under his or her control | ||||||
24 | or custody. The out-of-state student or out-of-state employee | ||||||
25 | shall register:
| ||||||
26 | (1) with: |
| |||||||
| |||||||
1 | (A) the chief of police in the municipality in | ||||||
2 | which he or she attends school or is employed for a | ||||||
3 | period of time of 5
or more days or for an
aggregate | ||||||
4 | period of time of more than 30 days during any
calendar | ||||||
5 | year, unless the
municipality is the City of Chicago, | ||||||
6 | in which case he or she shall register at
the Chicago | ||||||
7 | Police Department Headquarters; or
| ||||||
8 | (B) the sheriff in the county in which
he or she | ||||||
9 | attends school or is
employed for a period of time of 5 | ||||||
10 | or more days or
for an aggregate period of
time of more | ||||||
11 | than 30 days during any calendar year in an
| ||||||
12 | unincorporated area
or, if incorporated, no police | ||||||
13 | chief exists; and | ||||||
14 | (2) with the public safety or security director of the | ||||||
15 | institution of higher education he or she is employed at or | ||||||
16 | attends for a period of time of 5 or more days or for an | ||||||
17 | aggregate period of time of more than 30 days during a | ||||||
18 | calendar year. | ||||||
19 | The registration fees shall only apply to the municipality | ||||||
20 | or county of primary registration, and not to campus | ||||||
21 | registration. | ||||||
22 | The out-of-state student or out-of-state employee shall | ||||||
23 | provide accurate
information as required by the Department of | ||||||
24 | State Police. That information
shall include the out-of-state | ||||||
25 | student's current place of school attendance or
the | ||||||
26 | out-of-state employee's current place of employment.
|
| |||||||
| |||||||
1 | (a-10) Any law enforcement agency registering sex | ||||||
2 | offenders or sexual predators in accordance with subsections | ||||||
3 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
4 | General a copy of sex offender registration forms from persons | ||||||
5 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
6 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 , including periodic and annual registrations under | ||||||
8 | Section 6 of this Act. | ||||||
9 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
10 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
11 | registration, shall, within 3 days of beginning school,
or | ||||||
12 | establishing a
residence, place of employment, or temporary | ||||||
13 | domicile in
any county, register in person as set forth in | ||||||
14 | subsection (a)
or (a-5).
| ||||||
15 | (c) The registration for any person required to register | ||||||
16 | under this
Article shall be as follows:
| ||||||
17 | (1) Any person registered under the Habitual Child Sex | ||||||
18 | Offender
Registration Act or the Child Sex Offender | ||||||
19 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
20 | initially registered as of January 1, 1996; however,
this | ||||||
21 | shall not be construed to extend the duration of | ||||||
22 | registration set forth
in Section 7.
| ||||||
23 | (2) Except as provided in subsection (c)(2.1) or | ||||||
24 | (c)(4), any person convicted or
adjudicated prior to | ||||||
25 | January 1, 1996, whose liability for registration under
| ||||||
26 | Section 7 has not expired, shall register in person prior |
| |||||||
| |||||||
1 | to January 31,
1996.
| ||||||
2 | (2.1) A sex offender or sexual predator, who has never | ||||||
3 | previously been required to register under this Act, has a | ||||||
4 | duty to register if the person has been convicted of any | ||||||
5 | felony offense after July 1, 2011. A person who previously | ||||||
6 | was required to register under this Act for a period of 10 | ||||||
7 | years and successfully completed that registration period | ||||||
8 | has a duty to register if: (i) the person has been | ||||||
9 | convicted of any felony offense after July 1, 2011, and | ||||||
10 | (ii) the offense for which the 10 year registration was | ||||||
11 | served currently requires a registration period of more | ||||||
12 | than 10 years. Notification of an offender's duty to | ||||||
13 | register under this subsection shall be pursuant to Section | ||||||
14 | 5-7 of this Act. | ||||||
15 | (2.5) Except as provided in subsection (c)(4), any | ||||||
16 | person who has not
been notified of his or her | ||||||
17 | responsibility to register shall be notified by a
criminal | ||||||
18 | justice entity of his or her responsibility to register. | ||||||
19 | Upon
notification the person must then register within 3 | ||||||
20 | days of notification of
his or her requirement to register. | ||||||
21 | Except as provided in subsection (c)(2.1), if notification | ||||||
22 | is not made within the
offender's 10 year registration | ||||||
23 | requirement, and the Department of State
Police determines | ||||||
24 | no evidence exists or indicates the offender attempted to
| ||||||
25 | avoid registration, the offender will no longer be required | ||||||
26 | to register under
this Act.
|
| |||||||
| |||||||
1 | (3) Except as provided in subsection (c)(4), any person | ||||||
2 | convicted on
or after January 1, 1996, shall register in | ||||||
3 | person within 3 days after the
entry of the sentencing | ||||||
4 | order based upon his or her conviction.
| ||||||
5 | (4) Any person unable to comply with the registration | ||||||
6 | requirements of
this Article because he or she is confined, | ||||||
7 | institutionalized,
or imprisoned in Illinois on or after | ||||||
8 | January 1, 1996, shall register in person
within 3 days of | ||||||
9 | discharge, parole or release.
| ||||||
10 | (5) The person shall provide positive identification | ||||||
11 | and documentation
that substantiates proof of residence at | ||||||
12 | the registering address.
| ||||||
13 | (6) The person shall pay a $100
initial registration | ||||||
14 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
15 | by the registering agency for official
purposes. The agency | ||||||
16 | shall establish procedures to document receipt and use
of | ||||||
17 | the funds.
The law enforcement agency having jurisdiction | ||||||
18 | may waive the registration fee
if it determines that the | ||||||
19 | person is indigent and unable to pay the registration
fee. | ||||||
20 | Thirty-five
dollars for the initial registration fee and | ||||||
21 | $35 of the annual renewal fee
shall be used by the | ||||||
22 | registering agency for official purposes. Five dollars of
| ||||||
23 | the initial registration fee and $5 of the annual fee shall | ||||||
24 | be deposited into
the Sex Offender Management Board Fund | ||||||
25 | under Section 19 of the Sex Offender
Management Board Act. | ||||||
26 | Money deposited into the Sex Offender Management Board
Fund |
| |||||||
| |||||||
1 | shall be administered by the Sex Offender Management Board | ||||||
2 | and shall be
used by the Board to comply with the | ||||||
3 | provisions of the Sex Offender Management Board Act.
Thirty | ||||||
4 | dollars of the initial registration fee and $30 of the | ||||||
5 | annual renewal fee shall be deposited into the Sex Offender | ||||||
6 | Registration Fund and shall be used by the Department of | ||||||
7 | State Police to maintain and update the Illinois State | ||||||
8 | Police Sex Offender Registry. Thirty dollars of the initial | ||||||
9 | registration fee and $30 of the annual renewal fee shall be | ||||||
10 | deposited into the Attorney General Sex Offender | ||||||
11 | Awareness, Training, and Education Fund. Moneys deposited | ||||||
12 | into the Fund shall be used by the Attorney General to | ||||||
13 | administer the I-SORT program and to alert and educate the | ||||||
14 | public, victims, and witnesses of their rights under | ||||||
15 | various victim notification laws and for training law | ||||||
16 | enforcement agencies, State's Attorneys, and medical | ||||||
17 | providers of their legal duties concerning the prosecution | ||||||
18 | and investigation of sex offenses. | ||||||
19 | (d) Within 3 days after obtaining or changing employment | ||||||
20 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
21 | date, a person required to
register under this Section must | ||||||
22 | report, in person to the law
enforcement agency having | ||||||
23 | jurisdiction, the business name and address where he
or she is | ||||||
24 | employed. If the person has multiple businesses or work | ||||||
25 | locations,
every business and work location must be reported to | ||||||
26 | the law enforcement agency
having jurisdiction.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | ||||||
2 | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | ||||||
3 | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | ||||||
4 | 8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, | ||||||
5 | eff. 1-1-13.)
| ||||||
6 | (730 ILCS 150/6)
| ||||||
7 | Sec. 6. Duty to report; change of address, school, or | ||||||
8 | employment; duty
to inform.
A person who has been adjudicated | ||||||
9 | to be sexually dangerous or is a sexually
violent person and is | ||||||
10 | later released, or found to be no longer sexually
dangerous or | ||||||
11 | no longer a sexually violent person and discharged, or | ||||||
12 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
13 | report in
person to the law enforcement agency with whom he or | ||||||
14 | she last registered no
later than 90 days after the date of his | ||||||
15 | or her last registration and every 90
days thereafter and at | ||||||
16 | such other times at the request of the law enforcement agency | ||||||
17 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
18 | sexually
violent person must report all new or changed e-mail | ||||||
19 | addresses, all new or changed instant messaging identities, all | ||||||
20 | new or changed chat room identities, and all other new or | ||||||
21 | changed Internet communications identities that the sexually | ||||||
22 | dangerous or sexually
violent person uses or plans to use, all | ||||||
23 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
24 | used by the sexually dangerous or sexually
violent person, and | ||||||
25 | all new or changed blogs and other Internet sites maintained by |
| |||||||
| |||||||
1 | the sexually dangerous or sexually
violent person or to which | ||||||
2 | the sexually dangerous or sexually
violent person has uploaded | ||||||
3 | any content or posted any messages or information. Any person | ||||||
4 | who lacks a fixed residence must report weekly, in person, to | ||||||
5 | the appropriate law enforcement agency where the sex offender | ||||||
6 | is located. Any other person who is required to register under | ||||||
7 | this
Article shall report in person to the appropriate law | ||||||
8 | enforcement agency with
whom he or she last registered within | ||||||
9 | one year from the date of last
registration and every year | ||||||
10 | thereafter and at such other times at the request of the law | ||||||
11 | enforcement agency not to exceed 4 times a year. If any person | ||||||
12 | required to register under this Article lacks a fixed residence | ||||||
13 | or temporary domicile, he or she must notify, in person, the | ||||||
14 | agency of jurisdiction of his or her last known address within | ||||||
15 | 3 days after ceasing to have a fixed residence and if the | ||||||
16 | offender leaves the last jurisdiction of residence, he or she, | ||||||
17 | must within 3 days after leaving register in person with the | ||||||
18 | new agency of jurisdiction. If any other person required to | ||||||
19 | register
under this Article changes his or her residence | ||||||
20 | address, place of
employment,
telephone number, cellular | ||||||
21 | telephone number, or school, he or she shall report in
person, | ||||||
22 | to the law
enforcement agency
with whom he or she last | ||||||
23 | registered, his or her new address, change in
employment, | ||||||
24 | telephone number, cellular telephone number, or school, all new | ||||||
25 | or changed e-mail addresses, all new or changed instant | ||||||
26 | messaging identities, all new or changed chat room identities, |
| |||||||
| |||||||
1 | and all other new or changed Internet communications identities | ||||||
2 | that the sex offender uses or plans to use, all new or changed | ||||||
3 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
4 | offender, and all new or changed blogs and other Internet sites | ||||||
5 | maintained by the sex offender or to which the sex offender has | ||||||
6 | uploaded any content or posted any messages or information, and | ||||||
7 | register, in person, with the appropriate law enforcement
| ||||||
8 | agency within the
time period specified in Section 3. If the | ||||||
9 | sex offender is a child sex offender as defined in Section | ||||||
10 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012 , the sex offender shall within 3 days after | ||||||
12 | beginning to reside in a household with a child under 18 years | ||||||
13 | of age who is not his or her own child, provided that his or her | ||||||
14 | own child is not the victim of the sex offense, report that | ||||||
15 | information to the registering law enforcement agency. The law | ||||||
16 | enforcement agency shall, within 3
days of the reporting in | ||||||
17 | person by the person required to register under this Article, | ||||||
18 | notify the Department of State Police of the new place of | ||||||
19 | residence, change in
employment, telephone number, cellular | ||||||
20 | telephone number, or school. | ||||||
21 | If any person required to register under this Article | ||||||
22 | intends to establish a
residence or employment outside of the | ||||||
23 | State of Illinois, at least 10 days
before establishing that | ||||||
24 | residence or employment, he or she shall report in person to | ||||||
25 | the law enforcement agency with which he or she last registered | ||||||
26 | of his
or her out-of-state intended residence or employment. |
| |||||||
| |||||||
1 | The law enforcement agency with
which such person last | ||||||
2 | registered shall, within 3 days after the reporting in person | ||||||
3 | of the person required to register under this Article of an | ||||||
4 | address or
employment change, notify the Department of State | ||||||
5 | Police. The Department of
State Police shall forward such | ||||||
6 | information to the out-of-state law enforcement
agency having | ||||||
7 | jurisdiction in the form and manner prescribed by the
| ||||||
8 | Department of State Police. | ||||||
9 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; | ||||||
10 | 97-333, eff. 8-12-11.)
| ||||||
11 | (730 ILCS 150/8) (from Ch. 38, par. 228)
| ||||||
12 | Sec. 8. Registration and DNA submission requirements. | ||||||
13 | (a) Registration. Registration as required by this
Article | ||||||
14 | shall consist of a statement in writing signed by the person | ||||||
15 | giving the
information that is required by the Department of | ||||||
16 | State Police, which may
include the fingerprints and must | ||||||
17 | include a current photograph of the person, to be updated | ||||||
18 | annually. If the sex offender is a child sex offender as | ||||||
19 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 , he or she shall sign a | ||||||
21 | statement that he or she understands that according to Illinois | ||||||
22 | law as a child sex offender he or she may not reside within 500 | ||||||
23 | feet of a school, park, or playground. The offender may also | ||||||
24 | not reside within 500 feet of a facility providing services | ||||||
25 | directed exclusively toward persons under 18 years of age |
| |||||||
| |||||||
1 | unless the sex offender meets specified exemptions. The
| ||||||
2 | registration
information must include whether the person is a | ||||||
3 | sex offender as
defined
in the Sex Offender Community | ||||||
4 | Notification
Law. Within 3
days, the
registering law | ||||||
5 | enforcement agency shall forward any
required information to | ||||||
6 | the Department of State Police. The registering
law enforcement | ||||||
7 | agency shall
enter the information into the Law Enforcement | ||||||
8 | Agencies Data System (LEADS) as
provided in Sections 6 and 7 of | ||||||
9 | the Intergovernmental Missing Child Recovery
Act of 1984.
| ||||||
10 | (b) DNA submission. Every person registering as a sex | ||||||
11 | offender _pursuant to this Act, regardless of the date of | ||||||
12 | conviction or the date of initial registration who is required | ||||||
13 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
14 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
15 | Unified Code of Corrections shall submit the specimens as | ||||||
16 | required by that Section. Registered sex offenders who have | ||||||
17 | previously submitted a DNA specimen which has been uploaded to | ||||||
18 | the Illinois DNA database shall not be required to submit an | ||||||
19 | additional specimen pursuant to this Section. | ||||||
20 | (Source: P.A. 97-383, eff. 1-1-12.)
| ||||||
21 | Section 695. The Murderer and Violent Offender Against | ||||||
22 | Youth Registration Act is amended by changing Section 5 as | ||||||
23 | follows:
| ||||||
24 | (730 ILCS 154/5)
|
| |||||||
| |||||||
1 | Sec. 5. Definitions. | ||||||
2 | (a) As used in this Act, "violent offender against youth" | ||||||
3 | means any person who is: | ||||||
4 | (1) charged pursuant to Illinois law, or any | ||||||
5 | substantially similar
federal, Uniform Code of Military | ||||||
6 | Justice, sister state, or foreign country
law,
with a | ||||||
7 | violent offense against youth set forth
in subsection (b) | ||||||
8 | of this Section or the attempt to commit an included | ||||||
9 | violent
offense against youth, and: | ||||||
10 | (A) is convicted of such offense or an attempt to | ||||||
11 | commit such offense;
or | ||||||
12 | (B) is found not guilty by reason of insanity of | ||||||
13 | such offense or an
attempt to commit such offense; or | ||||||
14 | (C) is found not guilty by reason of insanity | ||||||
15 | pursuant to subsection (c) of Section
104-25 of the | ||||||
16 | Code of Criminal Procedure of 1963 of such offense or | ||||||
17 | an
attempt to commit such offense; or | ||||||
18 | (D) is the subject of a finding not resulting in an | ||||||
19 | acquittal at a
hearing conducted pursuant to | ||||||
20 | subsection (a) of Section 104-25 of the Code of | ||||||
21 | Criminal
Procedure of 1963 for the alleged commission | ||||||
22 | or attempted commission of such
offense; or | ||||||
23 | (E) is found not guilty by reason of insanity | ||||||
24 | following a hearing
conducted pursuant to a federal, | ||||||
25 | Uniform Code of Military Justice, sister
state, or | ||||||
26 | foreign country law
substantially similar to |
| |||||||
| |||||||
1 | subsection (c) of Section 104-25 of the Code of | ||||||
2 | Criminal Procedure
of 1963 of such offense or of the | ||||||
3 | attempted commission of such offense; or | ||||||
4 | (F) is the subject of a finding not resulting in an | ||||||
5 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
6 | Uniform Code of Military Justice,
sister state, or | ||||||
7 | foreign country law
substantially similar to | ||||||
8 | subsection (c) of Section 104-25 of the Code of | ||||||
9 | Criminal Procedure
of 1963 for the alleged violation or | ||||||
10 | attempted commission of such offense;
or | ||||||
11 | (2) adjudicated a juvenile delinquent as the result of | ||||||
12 | committing or
attempting to commit an act which, if | ||||||
13 | committed by an adult, would constitute
any of the offenses | ||||||
14 | specified in subsection (b) or (c-5) of this Section or a
| ||||||
15 | violation of any substantially similar federal, Uniform | ||||||
16 | Code of Military
Justice, sister state, or foreign
country | ||||||
17 | law, or found guilty under Article V of the Juvenile Court | ||||||
18 | Act of 1987
of committing or attempting to commit an act | ||||||
19 | which, if committed by an adult,
would constitute any of | ||||||
20 | the offenses specified in subsection (b) or (c-5) of
this | ||||||
21 | Section or a violation of any substantially similar | ||||||
22 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
23 | foreign country law. | ||||||
24 | Convictions that result from or are connected with the same | ||||||
25 | act, or result
from offenses committed at the same time, shall | ||||||
26 | be counted for the purpose of
this Act as one conviction. Any |
| |||||||
| |||||||
1 | conviction set aside pursuant to law is
not a conviction for | ||||||
2 | purposes of this Act. | ||||||
3 |
For purposes of this Section, "convicted" shall have the | ||||||
4 | same meaning as
"adjudicated". For the purposes of this Act, a | ||||||
5 | person who is defined as a violent offender against youth as a | ||||||
6 | result of being adjudicated a juvenile delinquent under | ||||||
7 | paragraph (2) of this subsection (a) upon attaining 17 years of | ||||||
8 | age shall be considered as having committed the violent offense | ||||||
9 | against youth on or after the 17th birthday of the violent | ||||||
10 | offender against youth. Registration of juveniles upon | ||||||
11 | attaining 17 years of age shall not extend the original | ||||||
12 | registration of 10 years from the date of conviction. | ||||||
13 | (b) As used in this Act, "violent offense against youth" | ||||||
14 | means: | ||||||
15 | (1) A violation of any of the following Sections of the
| ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 , when | ||||||
17 | the victim is a person under 18 years of age and the | ||||||
18 | offense was committed on or
after January 1, 1996: | ||||||
19 | 10-1 (kidnapping), | ||||||
20 | 10-2 (aggravated kidnapping), | ||||||
21 | 10-3 (unlawful restraint), | ||||||
22 | 10-3.1 (aggravated unlawful restraint). | ||||||
23 | An attempt to commit any of these offenses. | ||||||
24 | (2) First degree murder under Section 9-1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012 ,
when | ||||||
26 | the victim was a person under 18 years of age and the |
| |||||||
| |||||||
1 | defendant was at least
17 years of age at the time of the | ||||||
2 | commission of the offense. | ||||||
3 | (3) Child abduction under paragraph (10) of subsection
| ||||||
4 | (b) of Section 10-5 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 committed by luring or
attempting to | ||||||
6 | lure a child under the age of 16 into a motor vehicle, | ||||||
7 | building,
house trailer, or dwelling place without the | ||||||
8 | consent of the parent or lawful
custodian of the child for | ||||||
9 | other than a lawful purpose and the offense was
committed | ||||||
10 | on or after January 1, 1998. | ||||||
11 | (4) A violation or attempted violation of the following | ||||||
12 | Section
of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 when the offense was committed on or after July
1, | ||||||
14 | 1999: | ||||||
15 | 10-4 (forcible detention, if the victim is under 18 | ||||||
16 | years of age). | ||||||
17 | (4.1) Involuntary manslaughter under Section 9-3 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
19 | where baby shaking was the proximate cause of death of the | ||||||
20 | victim of the offense. | ||||||
21 | (4.2) Endangering the life or health of a child under | ||||||
22 | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 that results in the death of the | ||||||
24 | child where baby shaking was the proximate cause of the | ||||||
25 | death of the child. | ||||||
26 | (4.3) Domestic battery resulting in bodily harm under |
| |||||||
| |||||||
1 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 when the defendant was 18 years or older and | ||||||
3 | the victim was under 18 years of age and the offense was | ||||||
4 | committed on or after July 26, 2010. | ||||||
5 | (4.4) A violation or attempted violation of any of the
| ||||||
6 | following Sections or clauses of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012 when the victim was under 18 | ||||||
8 | years of age and the offense was committed on or after (1) | ||||||
9 | July 26, 2000 if the defendant was 18 years of age or older | ||||||
10 | or (2) July 26, 2010 and the defendant was under the age of | ||||||
11 | 18: | ||||||
12 | 12-3.3 (aggravated domestic battery), | ||||||
13 | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | ||||||
14 | 12-4(a), 12-4(b)(1) , or 12-4(b)(14) (aggravated | ||||||
15 | battery), | ||||||
16 | 12-3.05(a)(2) or 12-4.1 (heinous battery), | ||||||
17 | 12-3.05(b) or 12-4.3 (aggravated battery of a | ||||||
18 | child), | ||||||
19 | 12-3.1(a-5) or 12-4.4 (aggravated battery of an | ||||||
20 | unborn child), | ||||||
21 | 12-33 (ritualized abuse of a child). | ||||||
22 | (4.5) A violation or attempted violation of any of the
| ||||||
23 | following Sections of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 when the victim was under 18 years of | ||||||
25 | age and the offense was committed on or after (1) August 1, | ||||||
26 | 2001 if the defendant was 18 years of age or older or (2) |
| |||||||
| |||||||
1 | August 1, 2011 and the defendant was under the age of 18: | ||||||
2 | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | ||||||
3 | (aggravated battery with a firearm), | ||||||
4 | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | ||||||
5 | (aggravated battery with a machine gun), | ||||||
6 | 12-11 or 19-6 (home invasion). | ||||||
7 | (5) A violation of any former law of this State | ||||||
8 | substantially equivalent
to any offense listed in this | ||||||
9 | subsection (b). | ||||||
10 | (b-5) For the purposes of this Section, "first degree | ||||||
11 | murder of an adult" means first degree murder under Section 9-1 | ||||||
12 | of the Criminal Code of 1961 or the Criminal Code of 2012 when | ||||||
13 | the victim was a person 18 years of age or older at the time of | ||||||
14 | the commission of the offense. | ||||||
15 | (c) A conviction for an offense of federal law, Uniform | ||||||
16 | Code of Military
Justice, or the law of another state
or a | ||||||
17 | foreign country that is substantially equivalent to any offense | ||||||
18 | listed
in subsections (b) and (c-5) of this Section shall
| ||||||
19 | constitute a
conviction for the purpose
of this Act. | ||||||
20 | (c-5) A person at least 17 years of age at the time of the | ||||||
21 | commission of
the offense who is convicted of first degree | ||||||
22 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 , against a person
under 18 years of age, | ||||||
24 | shall be required to register
for natural life.
A conviction | ||||||
25 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
26 | sister state, or foreign country law that is substantially |
| |||||||
| |||||||
1 | equivalent to any
offense listed in this subsection (c-5) shall | ||||||
2 | constitute a
conviction for the purpose of this Act. This | ||||||
3 | subsection (c-5) applies to a person who committed the offense | ||||||
4 | before June 1, 1996 only if the person is incarcerated in an | ||||||
5 | Illinois Department of Corrections facility on August 20, 2004. | ||||||
6 | (c-6) A person who is convicted or adjudicated delinquent | ||||||
7 | of first degree murder of an adult shall be required to | ||||||
8 | register for a period of 10 years after conviction or | ||||||
9 | adjudication if not confined to a penal institution, hospital, | ||||||
10 | or any other institution or facility, and if confined, for a | ||||||
11 | period of 10 years after parole, discharge, or release from any | ||||||
12 | such facility. A conviction for an offense of federal, Uniform | ||||||
13 | Code of Military Justice, sister state, or foreign country law | ||||||
14 | that is substantially equivalent to any offense listed in | ||||||
15 | subsection (c-6) of this Section shall constitute a conviction | ||||||
16 | for the purpose of this Act. This subsection (c-6) does not | ||||||
17 | apply to those individuals released from incarceration more | ||||||
18 | than 10 years prior to January 1, 2012 (the effective date of | ||||||
19 | Public Act 97-154). | ||||||
20 | (d) As used in this Act, "law enforcement agency having | ||||||
21 | jurisdiction"
means the Chief of Police in each of the | ||||||
22 | municipalities in which the violent offender against youth
| ||||||
23 | expects to reside, work, or attend school (1) upon his or her | ||||||
24 | discharge,
parole or release or
(2) during the service of his | ||||||
25 | or her sentence of probation or conditional
discharge, or the | ||||||
26 | Sheriff of the county, in the event no Police Chief exists
or |
| |||||||
| |||||||
1 | if the offender intends to reside, work, or attend school in an
| ||||||
2 | unincorporated area.
"Law enforcement agency having | ||||||
3 | jurisdiction" includes the location where
out-of-state | ||||||
4 | students attend school and where out-of-state employees are
| ||||||
5 | employed or are otherwise required to register. | ||||||
6 | (e) As used in this Act, "supervising officer" means the | ||||||
7 | assigned Illinois Department of Corrections parole agent or | ||||||
8 | county probation officer. | ||||||
9 | (f) As used in this Act, "out-of-state student" means any | ||||||
10 | violent
offender against youth who is enrolled in Illinois, on | ||||||
11 | a full-time or part-time
basis, in any public or private | ||||||
12 | educational institution, including, but not
limited to, any | ||||||
13 | secondary school, trade or professional institution, or
| ||||||
14 | institution of higher learning. | ||||||
15 | (g) As used in this Act, "out-of-state employee" means any | ||||||
16 | violent
offender against youth who works in Illinois, | ||||||
17 | regardless of whether the individual
receives payment for | ||||||
18 | services performed, for a period of time of 10 or more days
or | ||||||
19 | for an aggregate period of time of 30 or more days
during any | ||||||
20 | calendar year.
Persons who operate motor vehicles in the State | ||||||
21 | accrue one day of employment
time for any portion of a day | ||||||
22 | spent in Illinois. | ||||||
23 | (h) As used in this Act, "school" means any public or | ||||||
24 | private educational institution, including, but not limited | ||||||
25 | to, any elementary or secondary school, trade or professional | ||||||
26 | institution, or institution of higher education. |
| |||||||
| |||||||
1 | (i) As used in this Act, "fixed residence" means any and | ||||||
2 | all places that a violent offender against youth resides for an | ||||||
3 | aggregate period of time of 5 or more days in a calendar year.
| ||||||
4 | (j) As used in this Act, "baby shaking" means the
vigorous | ||||||
5 | shaking of an infant or a young child that may result
in | ||||||
6 | bleeding inside the head and cause one or more of the
following | ||||||
7 | conditions: irreversible brain damage; blindness,
retinal | ||||||
8 | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | ||||||
9 | cord injury, including paralysis; seizures;
learning | ||||||
10 | disability; central nervous system injury; closed
head injury; | ||||||
11 | rib fracture; subdural hematoma; or death. | ||||||
12 | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||||||
13 | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | ||||||
14 | 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||||||
15 | 9-20-12.)
| ||||||
16 | Section 700. The Secure Residential Youth Care Facility | ||||||
17 | Licensing Act is amended by changing Section 45-30 as follows:
| ||||||
18 | (730 ILCS 175/45-30)
| ||||||
19 | Sec. 45-30. License or employment eligibility.
| ||||||
20 | (a) No applicant may receive a
license from the Department | ||||||
21 | and no
person may be employed by a licensed facility who | ||||||
22 | refuses to
authorize an investigation as required by Section | ||||||
23 | 45-25.
| ||||||
24 | (b) No applicant may receive a license from the Department |
| |||||||
| |||||||
1 | and no person may
be employed by a secure residential youth | ||||||
2 | care facility licensed by the
Department who has
been declared | ||||||
3 | a sexually dangerous person under the Sexually Dangerous | ||||||
4 | Persons
Act or convicted of
committing or attempting to commit | ||||||
5 | any of the following offenses under the
Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012 :
| ||||||
7 | (1) First degree murder.
| ||||||
8 | (2) A sex offense under Article 11, except offenses | ||||||
9 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-18, | ||||||
10 | 11-35, 11-40, and 11-45.
| ||||||
11 | (3) Kidnapping.
| ||||||
12 | (4) Aggravated kidnapping.
| ||||||
13 | (5) Child abduction.
| ||||||
14 | (6) Aggravated battery of a child as described in | ||||||
15 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
| ||||||
16 | (7) Criminal sexual assault.
| ||||||
17 | (8) Aggravated criminal sexual assault.
| ||||||
18 | (8.1) Predatory criminal sexual assault of a child.
| ||||||
19 | (9) Criminal sexual abuse.
| ||||||
20 | (10) Aggravated criminal sexual abuse.
| ||||||
21 | (11) A federal offense or an offense in any other state | ||||||
22 | the elements of
which are similar to any of the foregoing | ||||||
23 | offenses.
| ||||||
24 | (Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11; | ||||||
25 | 96-1551, Article 2, Section 1080, eff. 7-1-11; 97-1109, eff. | ||||||
26 | 1-1-13.) |
| |||||||
| |||||||
1 | Section 705. The Code of Civil Procedure is amended by | ||||||
2 | changing Sections 8-802, 8-802.1, 8-2001.5, 9-106.2, 13-202.1, | ||||||
3 | 13-202.2, and 13-202.3 as follows:
| ||||||
4 | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||||||
5 | Sec. 8-802. Physician and patient. No physician or surgeon | ||||||
6 | shall be
permitted to disclose any information he or she may | ||||||
7 | have acquired in
attending any patient in a professional | ||||||
8 | character, necessary to enable him
or her professionally to | ||||||
9 | serve the patient, except only (1) in trials for
homicide when | ||||||
10 | the disclosure relates directly to the fact or immediate
| ||||||
11 | circumstances of the homicide, (2) in actions, civil or | ||||||
12 | criminal, against
the physician for malpractice, (3) with the | ||||||
13 | expressed consent of the
patient, or in case of his or her | ||||||
14 | death or disability, of his or her
personal representative or | ||||||
15 | other person authorized to sue for personal
injury or of the | ||||||
16 | beneficiary of an insurance policy on his or her life,
health, | ||||||
17 | or physical condition, or as authorized by Section 8-2001.5, | ||||||
18 | (4) in all actions brought by or against the
patient, his or | ||||||
19 | her personal representative, a beneficiary under a policy
of | ||||||
20 | insurance, or the executor or administrator of his or her | ||||||
21 | estate wherein
the patient's physical or mental condition is an | ||||||
22 | issue, (5) upon an issue
as to the validity of a document as a | ||||||
23 | will of the patient, (6) in any
criminal action where the | ||||||
24 | charge is either first degree murder by abortion,
attempted |
| |||||||
| |||||||
1 | abortion or abortion, (7) in actions, civil or criminal, | ||||||
2 | arising
from the filing of a report in compliance with the | ||||||
3 | Abused and Neglected
Child Reporting Act, (8) to any | ||||||
4 | department, agency, institution
or facility which has custody | ||||||
5 | of the patient pursuant to State statute
or any court order of | ||||||
6 | commitment, (9) in prosecutions where written
results of blood | ||||||
7 | alcohol tests are admissible pursuant to Section 11-501.4
of | ||||||
8 | the Illinois Vehicle Code, (10) in prosecutions where written
| ||||||
9 | results of blood alcohol tests are admissible under Section | ||||||
10 | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||||||
11 | actions arising from the filing of a report of suspected
| ||||||
12 | terrorist offense in compliance with Section 29D-10(p)(7) of | ||||||
13 | the Criminal Code
of 2012 1961 , or (12) upon the issuance of a | ||||||
14 | subpoena pursuant to Section 38 of the Medical Practice Act of | ||||||
15 | 1987; the issuance of a subpoena pursuant to Section 25.1 of | ||||||
16 | the Illinois Dental Practice Act; the issuance of a subpoena | ||||||
17 | pursuant to Section 22 of the Nursing Home Administrators | ||||||
18 | Licensing and Disciplinary Act; or the issuance of a subpoena | ||||||
19 | pursuant to Section 25.5 of the Workers' Compensation Act.
| ||||||
20 | In the event of a conflict between the application of this | ||||||
21 | Section
and the Mental Health and Developmental Disabilities | ||||||
22 | Confidentiality
Act to a specific situation, the provisions of | ||||||
23 | the Mental Health and
Developmental Disabilities | ||||||
24 | Confidentiality Act shall control.
| ||||||
25 | (Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | ||||||
26 | 97-813, eff. 7-13-12.)
|
| |||||||
| |||||||
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 of | ||||||
5 | 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 1961, as amended , including | ||||||
10 | acts prohibited under
Sections 11-1.20 through 11-1.60 or 12-13 | ||||||
11 | through 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 , as amended .
Because of the fear and stigma that often | ||||||
13 | results from those crimes, many
victims hesitate to seek help | ||||||
14 | even where it is available at no cost to them.
As a result they | ||||||
15 | not only fail to receive needed medical care and emergency
| ||||||
16 | counseling, but may lack the psychological support necessary to | ||||||
17 | report the
crime 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 the
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 |
| |||||||
| |||||||
1 | sexual abuse.
| ||||||
2 | (2) "Rape crisis counselor" means a person who is a | ||||||
3 | psychologist,
social worker, employee, or volunteer in any | ||||||
4 | organization or association
defined as a rape crisis | ||||||
5 | organization under this Section, who has undergone 40
hours | ||||||
6 | of training and is under the control of a direct services | ||||||
7 | supervisor of a
rape crisis organization.
| ||||||
8 | (3) "Victim" means a person who is the subject of, or | ||||||
9 | who seeks
information, counseling, or advocacy services as | ||||||
10 | a result of an aggravated
criminal sexual assault, | ||||||
11 | predatory criminal sexual assault of a child,
criminal | ||||||
12 | sexual assault, sexual relations within
families, criminal | ||||||
13 | sexual abuse, aggravated criminal sexual abuse, sexual
| ||||||
14 | exploitation of a child, indecent solicitation of a child, | ||||||
15 | public indecency,
exploitation of a child, promoting | ||||||
16 | juvenile prostitution as described in subdivision (a)(4) | ||||||
17 | of Section 11-14.4, or an attempt to commit any of these | ||||||
18 | offenses.
| ||||||
19 | (4) "Confidential communication" means any | ||||||
20 | communication between a
victim and a rape crisis counselor | ||||||
21 | in the course of providing information,
counseling, and | ||||||
22 | advocacy. The term includes all records kept by the | ||||||
23 | counselor
or by the organization in the course of providing | ||||||
24 | services to an alleged victim
concerning the alleged victim | ||||||
25 | and the services provided.
| ||||||
26 | (c) Waiver of privilege.
|
| |||||||
| |||||||
1 | (1) The confidential nature of the communication is not | ||||||
2 | waived by: the
presence of a third person who further | ||||||
3 | expresses the interests of the victim at
the time of the | ||||||
4 | communication; group counseling; or disclosure to a third
| ||||||
5 | person with the consent of the victim when reasonably | ||||||
6 | necessary to accomplish
the purpose for which the counselor | ||||||
7 | is consulted.
| ||||||
8 | (2) The confidential nature of counseling records is | ||||||
9 | not waived when:
the victim inspects the records; or in the | ||||||
10 | case of a minor child less than
12 years of age, a parent | ||||||
11 | or guardian whose interests are not adverse to
the minor | ||||||
12 | inspects the records; or in the case of a minor victim 12 | ||||||
13 | years
or older, a parent or guardian whose interests are | ||||||
14 | not adverse to the minor
inspects the records with the | ||||||
15 | victim's consent, or in the case of an adult who has a | ||||||
16 | guardian of his or her person, the guardian inspects the | ||||||
17 | records with the victim's consent.
| ||||||
18 | (3) When a victim is deceased, the executor
or | ||||||
19 | administrator of the victim's estate may waive the | ||||||
20 | privilege
established by this Section, unless the executor | ||||||
21 | or
administrator has an interest adverse to the victim.
| ||||||
22 | (4) A minor victim 12 years of age or older may | ||||||
23 | knowingly waive the
privilege established in this Section. | ||||||
24 | When a minor is, in the opinion of
the Court, incapable of | ||||||
25 | knowingly waiving the privilege, the parent or
guardian of | ||||||
26 | the minor may waive the privilege on behalf of the minor,
|
| |||||||
| |||||||
1 | unless the parent or guardian has been charged with a | ||||||
2 | violent crime against
the victim or otherwise has any | ||||||
3 | interest adverse to that of the minor with
respect to the | ||||||
4 | waiver of the privilege.
| ||||||
5 | (5) An adult victim who has a guardian of his or her | ||||||
6 | person may knowingly waive the privilege established in | ||||||
7 | this Section. When the victim is, in the opinion of the | ||||||
8 | court, incapable of knowingly waiving the privilege, the | ||||||
9 | guardian of the adult victim may waive the privilege on | ||||||
10 | behalf of the victim, unless the guardian has been charged | ||||||
11 | with a violent crime against the victim or otherwise has | ||||||
12 | any interest adverse to the victim with respect to the | ||||||
13 | privilege. | ||||||
14 | (d) Confidentiality. Except as provided in this Act, no | ||||||
15 | rape crisis
counselor shall disclose any confidential | ||||||
16 | communication or be examined as a
witness in any civil or | ||||||
17 | criminal proceeding as to any confidential
communication | ||||||
18 | without the written consent of the victim or a representative | ||||||
19 | of
the victim as provided in subparagraph (c).
| ||||||
20 | (e) A rape crisis counselor may disclose a confidential | ||||||
21 | communication
without the consent of the victim if failure to | ||||||
22 | disclose is likely to
result in a clear, imminent risk of | ||||||
23 | serious physical injury or death of the
victim or another | ||||||
24 | person. Any rape crisis counselor or rape crisis
organization | ||||||
25 | participating in good faith in the disclosing of records and
| ||||||
26 | communications under this Act shall have immunity from any |
| |||||||
| |||||||
1 | liability,
civil, criminal, or otherwise that might result from | ||||||
2 | the action.
In any proceeding, civil or criminal, arising out | ||||||
3 | of a disclosure under
this Section, the good faith of any rape | ||||||
4 | crisis counselor
or rape crisis organization who disclosed the | ||||||
5 | confidential communication
shall be presumed.
| ||||||
6 | (f) Any rape crisis counselor who knowingly discloses any | ||||||
7 | confidential
communication in violation of this Act commits a | ||||||
8 | Class C misdemeanor.
| ||||||
9 | (Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| ||||||
10 | (735 ILCS 5/8-2001.5) | ||||||
11 | Sec. 8-2001.5. Authorization for release of a deceased | ||||||
12 | patient's records. | ||||||
13 | (a) In addition to disclosure allowed under Section 8-802, | ||||||
14 | a deceased person's health care records must be released upon | ||||||
15 | written request of the executor or administrator of the | ||||||
16 | deceased person's estate or to an agent appointed by the | ||||||
17 | deceased under a power of attorney for health care. When no | ||||||
18 | executor, administrator, or agent exists, and the person did | ||||||
19 | not specifically object to disclosure of his or her records in | ||||||
20 | writing, then a deceased person's health care records must be | ||||||
21 | released upon the written request of a person, who is | ||||||
22 | considered to be a personal representative of the patient for | ||||||
23 | the purpose of the release of a deceased patient's health care | ||||||
24 | records, in one of these categories: | ||||||
25 | (1) the deceased person's surviving spouse; or |
| |||||||
| |||||||
1 | (2) if there is no surviving spouse, any one or more of | ||||||
2 | the following: (i) an adult son or daughter of the | ||||||
3 | deceased, (ii) a parent of the deceased, or (iii) an adult | ||||||
4 | brother or sister of the deceased. | ||||||
5 | (b) Health care facilities and practitioners are | ||||||
6 | authorized to provide a copy of a deceased patient's records | ||||||
7 | based upon a person's payment of the statutory fee and signed | ||||||
8 | "Authorized Relative Certification", attesting to the fact | ||||||
9 | that the person is authorized to receive such records under | ||||||
10 | this Section. | ||||||
11 | (c) Any person who, in good faith, relies on a copy of an | ||||||
12 | Authorized Relative Certification shall have the same | ||||||
13 | immunities from criminal and civil liability as those who rely | ||||||
14 | on a power of attorney for health care as provided by Illinois | ||||||
15 | law. | ||||||
16 | (d) Upon request for records of a deceased patient, the | ||||||
17 | named authorized relative shall provide the facility or | ||||||
18 | practitioner with a certified copy of the death certificate and | ||||||
19 | a certification in substantially the following form: | ||||||
20 | AUTHORIZED RELATIVE CERTIFICATION | ||||||
21 | I, (insert name of authorized relative), certify that I am | ||||||
22 | an authorized relative of the deceased (insert name of | ||||||
23 | deceased). (A certified copy of the death certificate must be | ||||||
24 | attached.) |
| |||||||
| |||||||
1 | I certify that to the best of my knowledge and belief that | ||||||
2 | no executor or administrator has been appointed for the | ||||||
3 | deceased's estate, that no agent was authorized to act for the | ||||||
4 | deceased under a power of attorney for health care, and the | ||||||
5 | deceased has not specifically objected to disclosure in | ||||||
6 | writing. | ||||||
7 | I certify that I am the surviving spouse of the deceased; | ||||||
8 | or | ||||||
9 | I certify that there is no surviving spouse and my | ||||||
10 | relationship to the deceased is (circle one): | ||||||
11 | (1) An adult son or daughter of the deceased. | ||||||
12 | (2) Either parent of the deceased. | ||||||
13 | (3) An adult brother or sister of the deceased. | ||||||
14 | I certify that I am seeking the records as a personal | ||||||
15 | representative who is acting in a representative capacity and | ||||||
16 | who is authorized to seek these records under Section 8-2001.5 | ||||||
17 | of the Code of Civil Procedure. | ||||||
18 | This certification is made under penalty of perjury.* | ||||||
19 | Dated: (insert date) |
| |||||||
| |||||||
1 | ................................. | ||||||
2 | (Print Authorized Relative's Name) | ||||||
3 | ................................. | ||||||
4 | (Authorized Relative's Signature) | ||||||
5 | ................................. | ||||||
6 | (Authorized Relative's Address) | ||||||
7 | *(Note: Perjury is defined in Section 32-2 of the Criminal Code | ||||||
8 | of 2012 1961 , and is a Class 3 felony.)
| ||||||
9 | (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12.) | ||||||
10 | (735 ILCS 5/9-106.2) | ||||||
11 | Sec. 9-106.2. Affirmative defense for violence; barring | ||||||
12 | persons from property. | ||||||
13 | (a) It shall be an affirmative defense to an action | ||||||
14 | maintained under this Article IX if the court makes one of the | ||||||
15 | following findings that the demand for possession is: | ||||||
16 | (1) based solely on the tenant's, lessee's, or | ||||||
17 | household member's status as a victim of domestic violence | ||||||
18 | or sexual violence as those terms are defined in Section 10 | ||||||
19 | of the Safe Homes Act, stalking as that term is defined in | ||||||
20 | the Criminal Code of 2012 1961 , or dating violence; | ||||||
21 | (2) based solely upon an incident of actual or | ||||||
22 | threatened domestic violence, dating violence, stalking, | ||||||
23 | or sexual violence against a tenant, lessee, or household | ||||||
24 | member; |
| |||||||
| |||||||
1 | (3) based solely upon criminal activity directly | ||||||
2 | relating to domestic violence, dating violence, stalking, | ||||||
3 | or sexual violence engaged in by a member of a tenant's or | ||||||
4 | lessee's household or any guest or other person under the | ||||||
5 | tenant's, lessee's, or household member's control, and | ||||||
6 | against the tenant, lessee, or household member; or | ||||||
7 | (4) based upon a demand for possession pursuant to | ||||||
8 | subsection (f) where the tenant, lessee, or household | ||||||
9 | member who was the victim of domestic violence, sexual | ||||||
10 | violence, stalking, or dating violence did not knowingly | ||||||
11 | consent to the barred person entering the premises or a | ||||||
12 | valid court order permitted the barred person's entry onto | ||||||
13 | the premises. | ||||||
14 | (b) When asserting the affirmative defense, at least one | ||||||
15 | form of the following types of evidence shall be provided to | ||||||
16 | support the affirmative defense: medical, court, or police | ||||||
17 | records documenting the violence or a statement from an | ||||||
18 | employee of a victim service organization or from a medical | ||||||
19 | professional from whom the tenant, lessee, or household member | ||||||
20 | has sought services. | ||||||
21 | (c) Nothing in subsection (a) shall prevent the landlord | ||||||
22 | from seeking possession solely against a tenant, household | ||||||
23 | member, or lessee of the premises who perpetrated the violence | ||||||
24 | referred to in subsection (a). | ||||||
25 | (d) Nothing in subsection (a) shall prevent the landlord | ||||||
26 | from seeking possession against the entire household, |
| |||||||
| |||||||
1 | including the tenant, lessee, or household member who is a | ||||||
2 | victim of domestic violence, dating violence, stalking, or | ||||||
3 | sexual violence if the tenant, lessee, or household member's | ||||||
4 | continued tenancy would pose an actual and imminent threat to | ||||||
5 | other tenants, lessees, household members, the landlord or | ||||||
6 | their agents at the property. | ||||||
7 | (e) Nothing in subsection (a) shall prevent the landlord | ||||||
8 | from seeking possession against the tenant, lessee, or | ||||||
9 | household member who is a victim of domestic violence, dating | ||||||
10 | violence, stalking, or sexual violence if that tenant, lessee, | ||||||
11 | or household member has committed the criminal activity on | ||||||
12 | which the demand for possession is based. | ||||||
13 | (f) A landlord shall have the power to bar the presence of | ||||||
14 | a person from the premises owned by the landlord who is not a | ||||||
15 | tenant or lessee or who is not a member of the tenant's or | ||||||
16 | lessee's household. A landlord bars a person from the premises | ||||||
17 | by providing written notice to the tenant or lessee that the | ||||||
18 | person is no longer allowed on the premises. That notice shall | ||||||
19 | state that if the tenant invites the barred person onto any | ||||||
20 | portion of the premises, then the landlord may treat this as a | ||||||
21 | breach of the lease, whether or not this provision is contained | ||||||
22 | in the lease. Subject to paragraph (4) of subsection (a), the | ||||||
23 | landlord may evict the tenant. | ||||||
24 | (g) Further, a landlord may give notice to a person that | ||||||
25 | the person is barred from the premises owned by the landlord. A | ||||||
26 | person has received notice from the landlord within the meaning |
| |||||||
| |||||||
1 | of this subsection if he has been notified personally, either | ||||||
2 | orally or in writing including a valid court order as defined | ||||||
3 | by subsection (7) of Section 112A-3 of the Code of Criminal | ||||||
4 | Procedure of 1963 granting remedy (2) of subsection (b) of | ||||||
5 | Section 112A-14 of that Code, or if a printed or written notice | ||||||
6 | forbidding such entry has been conspicuously posted or | ||||||
7 | exhibited at the main entrance to such land or the forbidden | ||||||
8 | part thereof. Any person entering the landlord's premises after | ||||||
9 | such notice has been given shall be guilty of criminal trespass | ||||||
10 | to real property as set forth in Section 21-3 of the Criminal | ||||||
11 | Code of 2012 1961 . After notice has been given, an invitation | ||||||
12 | to the person to enter the premises shall be void if made by a | ||||||
13 | tenant, lessee, or member of the tenant's or lessee's household | ||||||
14 | and shall not constitute a valid invitation to come upon the | ||||||
15 | premises or a defense to a criminal trespass to real property.
| ||||||
16 | (Source: P.A. 96-1188, eff. 7-22-10.)
| ||||||
17 | (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
| ||||||
18 | Sec. 13-202.1. No limitations on certain actions - Duties | ||||||
19 | of Department
of Corrections and State's Attorneys. | ||||||
20 | (a) Notwithstanding any other provision
of law, any action | ||||||
21 | for damages against a person, however the action may
be | ||||||
22 | designated, may be brought at any time if --
| ||||||
23 | (1) the action is based upon conduct of a person which | ||||||
24 | constituted the
commission of first degree murder, a Class | ||||||
25 | X felony, or a Class 1
felony as these terms are utilized |
| |||||||
| |||||||
1 | at the time of filing of the action; and
| ||||||
2 | (2) the person was convicted of the first degree | ||||||
3 | murder, Class X
felony, or Class 1 felony.
| ||||||
4 | (b) The provisions of this Section are fully applicable to | ||||||
5 | convictions
based upon defendant's accountability under | ||||||
6 | Section 5-2 of the Criminal
Code of 1961 or the Criminal Code | ||||||
7 | of 2012 , approved July 28, 1961, as amended .
| ||||||
8 | (c) Paragraphs (a) and (b) above shall apply to any cause | ||||||
9 | of action
regardless of the date on which the defendant's | ||||||
10 | conduct is alleged to have
occurred or of the date of any | ||||||
11 | conviction resulting therefrom. In
addition, this Section | ||||||
12 | shall be applied retroactively and shall revive
causes of | ||||||
13 | actions which otherwise may have been barred under limitations
| ||||||
14 | provisions in effect prior to the enactment and/or effect of | ||||||
15 | P.A. 84-1450.
| ||||||
16 | (d) Whenever there is any settlement, verdict or judgment | ||||||
17 | in excess
of $500 in any court against the Department of | ||||||
18 | Corrections or any past or
present employee or official in | ||||||
19 | favor of any person for damages incurred while
the person was | ||||||
20 | committed to the Department of Corrections, the Department
| ||||||
21 | within 14 days of the settlement, verdict or judgment shall | ||||||
22 | notify the State's
Attorney of the county from which the person | ||||||
23 | was committed to the Department.
The State's Attorney shall in | ||||||
24 | turn within 14 days after receipt of the notice send the same | ||||||
25 | notice to the
person or persons who were the victim or victims | ||||||
26 | of the crime for which the
offender was committed, at their |
| |||||||
| |||||||
1 | last known address, along with the information that the victim | ||||||
2 | or victims
should contact a private attorney to advise them of | ||||||
3 | their rights under the law. | ||||||
4 | (e) Whenever there is any settlement, verdict or judgment | ||||||
5 | in excess of $500 in any court against any county or county | ||||||
6 | sheriff or any past or present employee or official in favor of | ||||||
7 | any person for damages incurred while the person was | ||||||
8 | incarcerated in any county jail, the county or county sheriff, | ||||||
9 | within 14 days of the settlement, verdict or judgment shall | ||||||
10 | notify the State's Attorney of the county from which the person | ||||||
11 | was incarcerated in the county jail. The State's Attorney shall | ||||||
12 | within 14 days of receipt of the notice send the same notice to | ||||||
13 | the person or persons who were the victim or victims of the | ||||||
14 | crime for which the offender was committed, at their last known | ||||||
15 | address, along with the information that the victim or victims | ||||||
16 | should contact a private attorney to advise them of their | ||||||
17 | rights under the law.
| ||||||
18 | (f) No civil action may be brought by anyone against the | ||||||
19 | Department of
Corrections, a State's Attorney, a County, a | ||||||
20 | county sheriff, or any past or present employee or
agent | ||||||
21 | thereof for any alleged violation by any such entity or person | ||||||
22 | of the
notification requirements imposed by paragraph (d) or | ||||||
23 | (e).
| ||||||
24 | (Source: P.A. 95-975, eff. 1-1-09.)
| ||||||
25 | (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
|
| |||||||
| |||||||
1 | Sec. 13-202.2. Childhood sexual abuse.
| ||||||
2 | (a) In this Section:
| ||||||
3 | "Childhood sexual abuse" means an act of sexual
abuse that | ||||||
4 | occurs when the person abused is under 18 years of age.
| ||||||
5 | "Sexual abuse" includes but is not limited to sexual | ||||||
6 | conduct and sexual
penetration as defined in Section 11-0.1 of | ||||||
7 | the Criminal Code of 2012 1961 .
| ||||||
8 | (b) Notwithstanding any other provision of law, an action | ||||||
9 | for damages
for personal injury based on childhood sexual
abuse | ||||||
10 | must be commenced within 20 years of the date the limitation | ||||||
11 | period
begins to run under subsection (d) or within 20 years of
| ||||||
12 | the date the person abused
discovers or through the use of | ||||||
13 | reasonable diligence should discover both
(i) that
the act of | ||||||
14 | childhood sexual abuse occurred and (ii) that the injury was
| ||||||
15 | caused
by the childhood sexual abuse.
The fact that the person | ||||||
16 | abused discovers or through the use of reasonable
diligence | ||||||
17 | should discover that the act of childhood sexual abuse occurred | ||||||
18 | is
not, by itself, sufficient to start the discovery period | ||||||
19 | under this subsection
(b). Knowledge of the abuse does not | ||||||
20 | constitute discovery of the injury
or the causal relationship | ||||||
21 | between any later-discovered injury and the abuse.
| ||||||
22 | (c) If the injury is caused by 2 or more acts of childhood | ||||||
23 | sexual
abuse that are part of a continuing series of acts of | ||||||
24 | childhood sexual
abuse by the same abuser, then the discovery | ||||||
25 | period under subsection
(b) shall be computed from the date the | ||||||
26 | person abused discovers or through
the use of reasonable |
| |||||||
| |||||||
1 | diligence should discover both (i) that the last act
of
| ||||||
2 | childhood sexual abuse in the continuing series occurred and | ||||||
3 | (ii) that the
injury was caused by any act of childhood sexual | ||||||
4 | abuse in the continuing
series.
The fact that the person abused | ||||||
5 | discovers or through the use of reasonable
diligence should | ||||||
6 | discover that the last act of childhood sexual abuse in the
| ||||||
7 | continuing series occurred is not, by itself, sufficient to | ||||||
8 | start the discovery
period under subsection (b). Knowledge of | ||||||
9 | the abuse does not constitute
discovery of the injury
or the | ||||||
10 | causal relationship between any later-discovered injury and | ||||||
11 | the abuse.
| ||||||
12 | (d) The limitation periods under subsection (b) do not | ||||||
13 | begin to run
before the person abused attains the age of 18 | ||||||
14 | years; and, if at the time
the person abused attains the age of | ||||||
15 | 18 years he or she is under other
legal disability, the | ||||||
16 | limitation periods under subsection (b) do not begin
to run | ||||||
17 | until the removal of the disability.
| ||||||
18 | (d-1) The limitation periods in subsection (b) do not run | ||||||
19 | during a time
period
when the person abused is subject to | ||||||
20 | threats, intimidation,
manipulation, or fraud perpetrated by | ||||||
21 | the abuser or by any person acting in the
interest of the | ||||||
22 | abuser.
| ||||||
23 | (e) This Section applies to actions pending on the | ||||||
24 | effective date of
this amendatory Act of 1990 as well as to | ||||||
25 | actions commenced on or after
that date. The changes made by | ||||||
26 | this amendatory Act of 1993 shall apply only
to actions |
| |||||||
| |||||||
1 | commenced on or after the effective date of this amendatory Act | ||||||
2 | of
1993.
The changes made by this amendatory Act of the 93rd | ||||||
3 | General Assembly apply to
actions pending on the effective date
| ||||||
4 | of this amendatory Act of the 93rd General
Assembly as well as | ||||||
5 | actions commenced on or after that date. The changes made by | ||||||
6 | this amendatory Act of the 96th General Assembly apply to | ||||||
7 | actions commenced on or after the effective date of this | ||||||
8 | amendatory Act of the 96th General Assembly if the action would | ||||||
9 | not have been time barred under any statute of limitations or | ||||||
10 | statute of repose prior to the effective date of this | ||||||
11 | amendatory Act of the 96th General Assembly.
| ||||||
12 | (Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11.)
| ||||||
13 | (735 ILCS 5/13-202.3) | ||||||
14 | Sec. 13-202.3. For an action arising out of an injury | ||||||
15 | caused by "sexual conduct" or "sexual penetration" as defined | ||||||
16 | in Section 11-0.1 of the Criminal Code of 2012 1961 , the | ||||||
17 | limitation period in Section 13-202 does not run during a time | ||||||
18 | period when the person injured is subject to threats, | ||||||
19 | intimidation, manipulation, or fraud perpetrated by the | ||||||
20 | perpetrator or by a person the perpetrator knew or should have | ||||||
21 | known was acting in the interest of the perpetrator. This | ||||||
22 | Section applies to causes of action arising on or after the | ||||||
23 | effective date of this amendatory Act of the 95th General | ||||||
24 | Assembly or to causes of action for which the limitation period | ||||||
25 | has not yet expired.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-589, eff. 1-1-08; 96-1551, eff. 7-1-11 .) | ||||||
2 | Section 710. The Stalking No Contact Order Act is amended | ||||||
3 | by changing Section 90 as follows: | ||||||
4 | (740 ILCS 21/90)
| ||||||
5 | Sec. 90. Accountability for actions of others. For the | ||||||
6 | purposes of issuing a stalking no contact order, deciding what | ||||||
7 | remedies should be included and enforcing the order, Article 5 | ||||||
8 | of the Criminal Code of 2012 1961 shall govern whether | ||||||
9 | respondent is legally accountable for the conduct of another | ||||||
10 | person.
| ||||||
11 | (Source: P.A. 96-246, eff. 1-1-10.) | ||||||
12 | Section 715. The Civil No Contact Order Act is amended by | ||||||
13 | changing Sections 213 and 213.5 as follows:
| ||||||
14 | (740 ILCS 22/213)
| ||||||
15 | Sec. 213. Civil no contact order; remedies.
| ||||||
16 | (a) If the court finds that the petitioner has been a | ||||||
17 | victim of
non-consensual sexual conduct or non-consensual | ||||||
18 | sexual penetration, a civil no
contact order shall issue; | ||||||
19 | provided that the petitioner must also satisfy the
requirements | ||||||
20 | of Section
214 on emergency orders or Section 215 on plenary | ||||||
21 | orders. The petitioner
shall not be denied a civil no contact | ||||||
22 | order because the petitioner or the
respondent is a minor. The |
| |||||||
| |||||||
1 | court, when
determining whether or not to issue a civil no | ||||||
2 | contact order, may not
require physical injury on the person of | ||||||
3 | the victim.
Modification and extension of prior civil no | ||||||
4 | contact orders shall be in
accordance with this Act.
| ||||||
5 | (b) (Blank).
| ||||||
6 | (b-5) The court may provide relief as follows: | ||||||
7 | (1) prohibit the respondent from knowingly coming | ||||||
8 | within, or knowingly remaining within, a specified | ||||||
9 | distance from the petitioner; | ||||||
10 | (2) restrain the respondent from having any contact, | ||||||
11 | including nonphysical contact, with the petitioner | ||||||
12 | directly, indirectly, or through third parties, regardless | ||||||
13 | of whether those third parties know of the order; | ||||||
14 | (3) prohibit the respondent from knowingly coming | ||||||
15 | within, or knowingly remaining within, a specified | ||||||
16 | distance from the petitioner's residence, school, day care | ||||||
17 | or other specified location; | ||||||
18 | (4) order the respondent to stay away from any property | ||||||
19 | or animal owned, possessed, leased, kept, or held by the | ||||||
20 | petitioner and forbid the respondent from taking, | ||||||
21 | transferring, encumbering, concealing, harming, or | ||||||
22 | otherwise disposing of the property or animal; and | ||||||
23 | (5) order any other injunctive relief as necessary or | ||||||
24 | appropriate for the protection of the petitioner. | ||||||
25 | (b-6) When the petitioner and the respondent attend the | ||||||
26 | same public or private elementary, middle, or high school, the |
| |||||||
| |||||||
1 | court when issuing a civil no contact order and providing | ||||||
2 | relief shall consider the severity of the act, any continuing | ||||||
3 | physical danger or emotional distress to the petitioner, the | ||||||
4 | educational rights guaranteed to the petitioner and respondent | ||||||
5 | under federal and State law, the availability of a transfer of | ||||||
6 | the respondent to another school, a change of placement or a | ||||||
7 | change of program of the respondent, the expense, difficulty, | ||||||
8 | and educational disruption that would be caused by a transfer | ||||||
9 | of the respondent to another school, and any other relevant | ||||||
10 | facts of the case. The court may order that the respondent not | ||||||
11 | attend the public, private, or non-public elementary, middle, | ||||||
12 | or high school attended by the petitioner, order that the | ||||||
13 | respondent accept a change of placement or program, as | ||||||
14 | determined by the school district or private or non-public | ||||||
15 | school, or place restrictions on the respondent's movements | ||||||
16 | within the school attended by the petitioner.
The respondent | ||||||
17 | bears the burden of proving by a preponderance of the evidence | ||||||
18 | that a transfer, change of placement, or change of program of | ||||||
19 | the respondent is not available. The respondent also bears the | ||||||
20 | burden of production with respect to the expense, difficulty, | ||||||
21 | and educational disruption that would be caused by a transfer | ||||||
22 | of the respondent to another school. A transfer, change of | ||||||
23 | placement, or change of program is not unavailable to the | ||||||
24 | respondent solely on the ground that the respondent does not | ||||||
25 | agree with the school district's or private or non-public | ||||||
26 | school's transfer, change of placement, or change of program or |
| |||||||
| |||||||
1 | solely on the ground that the respondent fails or refuses to | ||||||
2 | consent to or otherwise does not take an action required to | ||||||
3 | effectuate a transfer, change of placement, or change of | ||||||
4 | program.
When a court orders a respondent to stay away from the | ||||||
5 | public, private, or non-public school attended by the | ||||||
6 | petitioner and the respondent requests a transfer to another | ||||||
7 | attendance center within the respondent's school district or | ||||||
8 | private or non-public school, the school district or private or | ||||||
9 | non-public school shall have sole discretion to determine the | ||||||
10 | attendance center to which the respondent is transferred.
In | ||||||
11 | the event the court order results in a transfer of the minor | ||||||
12 | respondent to another attendance center, a change in the | ||||||
13 | respondent's placement, or a change of the respondent's | ||||||
14 | program, the parents, guardian, or legal custodian of the | ||||||
15 | respondent is responsible for transportation and other costs | ||||||
16 | associated with the transfer or change. | ||||||
17 | (b-7) The court may order the parents, guardian, or legal | ||||||
18 | custodian of a minor respondent to take certain actions or to | ||||||
19 | refrain from taking certain actions to ensure that the | ||||||
20 | respondent complies with the order. In the event the court | ||||||
21 | orders a transfer of the respondent to another school, the | ||||||
22 | parents or legal guardians of the respondent are responsible | ||||||
23 | for transportation and other costs associated with the change | ||||||
24 | of school by the respondent. | ||||||
25 | (c) Denial of a remedy may not be based, in whole or in | ||||||
26 | part, on
evidence that:
|
| |||||||
| |||||||
1 | (1) the respondent has cause for any use of force, | ||||||
2 | unless that
cause satisfies the standards for justifiable | ||||||
3 | use of force provided
by Article 7 VII of the Criminal Code | ||||||
4 | of 2012 1961 ;
| ||||||
5 | (2) the respondent was voluntarily intoxicated;
| ||||||
6 | (3) the petitioner acted in self-defense or defense of | ||||||
7 | another,
provided that, if the petitioner utilized force, | ||||||
8 | such force was
justifiable under Article 7 VII of the | ||||||
9 | Criminal Code of 2012 1961 ;
| ||||||
10 | (4) the petitioner did not act in self-defense or | ||||||
11 | defense of
another;
| ||||||
12 | (5) the petitioner left the residence or household to | ||||||
13 | avoid
further non-consensual sexual conduct or | ||||||
14 | non-consensual sexual penetration
by the respondent; or
| ||||||
15 | (6) the petitioner did not leave the residence or | ||||||
16 | household to
avoid further non-consensual sexual conduct | ||||||
17 | or non-consensual sexual
penetration by the respondent.
| ||||||
18 | (d) Monetary damages are not recoverable as a remedy.
| ||||||
19 | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
| ||||||
20 | (740 ILCS 22/213.5)
| ||||||
21 | Sec. 213.5. Accountability for actions of others. For the | ||||||
22 | purposes of
issuing a civil no contact order, deciding what | ||||||
23 | remedies should be included and
enforcing the order, Article 5 | ||||||
24 | of the Criminal Code of 2012 1961
shall govern whether | ||||||
25 | respondent is legally accountable for the conduct of
another |
| |||||||
| |||||||
1 | person.
| ||||||
2 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
3 | Section 720. The Crime Victims Compensation Act is amended | ||||||
4 | by changing Sections 2, 6.1, and 14.1 as follows:
| ||||||
5 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
6 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
7 | context
otherwise requires:
| ||||||
8 | (a) "Applicant" means any person who applies for | ||||||
9 | compensation under this
Act or any person the Court of Claims | ||||||
10 | finds is entitled to compensation,
including the guardian of a | ||||||
11 | minor or of a person under legal disability. It
includes any | ||||||
12 | person who was a dependent of a deceased victim of a crime of
| ||||||
13 | violence for his or her support at the time of the death of | ||||||
14 | that victim.
| ||||||
15 | (b) "Court of Claims" means the Court of Claims created by | ||||||
16 | the Court
of Claims Act.
| ||||||
17 | (c) "Crime of violence" means and includes any offense | ||||||
18 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
19 | 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, | ||||||
20 | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, 12-3.1, | ||||||
21 | 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, | ||||||
22 | 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
12-16, | ||||||
23 | 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for | ||||||
24 | subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section |
| |||||||
| |||||||
1 | 11-14.4, of the Criminal Code of 1961 or the Criminal Code of | ||||||
2 | 2012 , Sections 1(a) and 1(a-5) of the Cemetery Protection Act, | ||||||
3 | Section 125 of the Stalking No Contact Order Act, Section 219 | ||||||
4 | of the Civil No Contact Order Act, driving under
the influence | ||||||
5 | as defined in Section
11-501 of the Illinois Vehicle Code, a | ||||||
6 | violation of Section 11-401 of the Illinois Vehicle Code, | ||||||
7 | provided the victim was a pedestrian or was operating a vehicle | ||||||
8 | moved solely by human power or a mobility device at the time of | ||||||
9 | contact, and a violation of Section 11-204.1 of the Illinois | ||||||
10 | Vehicle Code; so long as the offense did not occur
during a | ||||||
11 | civil riot, insurrection or rebellion. "Crime of violence" does | ||||||
12 | not
include any other offense or accident involving a motor | ||||||
13 | vehicle except those
vehicle offenses specifically provided | ||||||
14 | for in this paragraph. "Crime of
violence" does include all of | ||||||
15 | the offenses specifically provided for in this
paragraph that | ||||||
16 | occur within this State but are subject to federal jurisdiction
| ||||||
17 | and crimes involving terrorism as defined in 18 U.S.C. 2331.
| ||||||
18 | (d) "Victim" means (1) a person killed or injured in this | ||||||
19 | State as a
result of a crime of violence perpetrated or | ||||||
20 | attempted against him or her,
(2) the
spouse or parent of a | ||||||
21 | person killed or injured in this State as a result of a crime | ||||||
22 | of
violence perpetrated or attempted against the person, (3) a | ||||||
23 | person killed
or injured in this State while attempting to | ||||||
24 | assist a person against whom a
crime of violence is being | ||||||
25 | perpetrated or attempted, if that attempt of
assistance would | ||||||
26 | be expected of a reasonable person under the circumstances,
(4) |
| |||||||
| |||||||
1 | a person killed or injured in this State while assisting a law
| ||||||
2 | enforcement official apprehend a person who has perpetrated a | ||||||
3 | crime of
violence or prevent the perpetration of any such crime | ||||||
4 | if that
assistance was in response to the express request of | ||||||
5 | the law enforcement
official, (5) a person who personally
| ||||||
6 | witnessed a violent crime, (5.1) solely
for the purpose of | ||||||
7 | compensating for pecuniary loss incurred for
psychological | ||||||
8 | treatment of a mental or emotional condition caused or | ||||||
9 | aggravated
by the crime, any other person under the age of 18 | ||||||
10 | who is the brother, sister,
half brother, half sister, child, | ||||||
11 | or stepchild
of a person killed or injured in
this State as a
| ||||||
12 | result of a crime of violence, (6) an Illinois resident
who is | ||||||
13 | a victim of a "crime of violence" as defined in this Act | ||||||
14 | except, if
the crime occurred outside this State, the resident | ||||||
15 | has the same rights
under this Act as if the crime had occurred | ||||||
16 | in this State upon a showing
that the state, territory, | ||||||
17 | country, or political subdivision of a country
in which the | ||||||
18 | crime occurred does not have a compensation of victims of
| ||||||
19 | crimes law for which that Illinois resident is eligible, (7) a | ||||||
20 | deceased person whose body is dismembered or whose remains are | ||||||
21 | desecrated as the result of a crime of violence, or (8) solely | ||||||
22 | for the purpose of compensating for pecuniary loss incurred for | ||||||
23 | psychological treatment of a mental or emotional condition | ||||||
24 | caused or aggravated by the crime, any parent, spouse, or child | ||||||
25 | under the age of 18 of a deceased person whose body is | ||||||
26 | dismembered or whose remains are desecrated as the result of a |
| |||||||
| |||||||
1 | crime of violence.
| ||||||
2 | (e) "Dependent" means a relative of a deceased victim who | ||||||
3 | was wholly or
partially dependent upon the victim's income at | ||||||
4 | the time of his or her
death
and shall include the child of a | ||||||
5 | victim born after his or her death.
| ||||||
6 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
7 | stepfather, stepmother,
child, grandchild, brother, | ||||||
8 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
9 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
10 | (g) "Child" means an unmarried son or daughter who is under | ||||||
11 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
12 | child born out of wedlock.
| ||||||
13 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
14 | appropriate medical
expenses and hospital expenses including | ||||||
15 | expenses of medical
examinations, rehabilitation, medically | ||||||
16 | required
nursing care expenses, appropriate
psychiatric care | ||||||
17 | or psychiatric counseling expenses, expenses for care or
| ||||||
18 | counseling by a licensed clinical psychologist, licensed | ||||||
19 | clinical social
worker, licensed professional counselor, or | ||||||
20 | licensed clinical professional counselor and expenses for | ||||||
21 | treatment by Christian Science practitioners and
nursing care | ||||||
22 | appropriate thereto; transportation expenses to and from | ||||||
23 | medical and counseling treatment facilities; prosthetic | ||||||
24 | appliances, eyeglasses, and
hearing aids necessary or damaged | ||||||
25 | as a result of the
crime; replacement costs for clothing and | ||||||
26 | bedding used as evidence; costs
associated with temporary |
| |||||||
| |||||||
1 | lodging or relocation necessary as a
result of the crime, | ||||||
2 | including, but not limited to, the first month's rent and | ||||||
3 | security deposit of the dwelling that the claimant relocated to | ||||||
4 | and other reasonable relocation expenses incurred as a result | ||||||
5 | of the violent crime;
locks or windows necessary or damaged as | ||||||
6 | a result of the crime; the purchase,
lease, or rental of | ||||||
7 | equipment necessary to create usability of and
accessibility to | ||||||
8 | the victim's real and personal property, or the real and
| ||||||
9 | personal property which is used by the victim, necessary as a | ||||||
10 | result of the
crime; the costs of appropriate crime scene | ||||||
11 | clean-up;
replacement
services loss, to a maximum of $1,250 per | ||||||
12 | month;
dependents replacement
services loss, to a maximum of | ||||||
13 | $1,250 per month; loss of tuition paid to
attend grammar school | ||||||
14 | or high school when the victim had been enrolled as a
student | ||||||
15 | prior to the injury, or college or graduate school when
the | ||||||
16 | victim had been enrolled as a day or night student prior to
the | ||||||
17 | injury when the victim becomes unable to continue attendance at | ||||||
18 | school
as a result of the crime of violence perpetrated against | ||||||
19 | him or her; loss
of
earnings, loss of future earnings because | ||||||
20 | of disability resulting from the
injury, and, in addition, in | ||||||
21 | the case of death, expenses for funeral, burial, and travel and | ||||||
22 | transport for survivors
of homicide victims to secure bodies of | ||||||
23 | deceased victims and to transport
bodies for burial all of | ||||||
24 | which
may not exceed a maximum of $7,500 and loss of support of | ||||||
25 | the dependents of
the victim; in the case of dismemberment or | ||||||
26 | desecration of a body, expenses for funeral and burial, all of |
| |||||||
| |||||||
1 | which may not exceed a maximum of $7,500.
Loss of future | ||||||
2 | earnings shall be reduced by any income from substitute work
| ||||||
3 | actually performed by the victim or by income he or she would | ||||||
4 | have earned
in
available appropriate substitute work he or she | ||||||
5 | was capable of performing
but
unreasonably failed to undertake. | ||||||
6 | Loss of earnings, loss of future
earnings and loss of support | ||||||
7 | shall be determined on the basis of the
victim's average net | ||||||
8 | monthly earnings for the 6 months immediately
preceding the | ||||||
9 | date of the injury or on $1,250 per month, whichever is less | ||||||
10 | or, in cases where the absences commenced more than 3 years | ||||||
11 | from the date of the crime, on the basis of the net monthly | ||||||
12 | earnings for the 6 months immediately preceding the date of the | ||||||
13 | first absence, not to exceed $1,250 per month.
If a divorced or | ||||||
14 | legally separated applicant is claiming loss of support
for a | ||||||
15 | minor child of the deceased, the amount of support for each | ||||||
16 | child
shall be based either on the amount of support
pursuant | ||||||
17 | to the judgment prior to the date of the deceased
victim's | ||||||
18 | injury or death, or, if the subject of pending litigation filed | ||||||
19 | by
or on behalf of the divorced or legally separated applicant | ||||||
20 | prior to the
injury or death, on the result of that litigation. | ||||||
21 | Real and personal
property includes, but is not limited to, | ||||||
22 | vehicles, houses, apartments,
town houses, or condominiums. | ||||||
23 | Pecuniary loss does not
include pain and suffering or property | ||||||
24 | loss or damage.
| ||||||
25 | (i) "Replacement services loss" means expenses reasonably | ||||||
26 | incurred in
obtaining ordinary and necessary services in lieu |
| |||||||
| |||||||
1 | of those the
injured person would have performed, not for | ||||||
2 | income, but for the benefit
of himself or herself or his or her | ||||||
3 | family, if he or she had not
been injured.
| ||||||
4 | (j) "Dependents replacement services loss" means loss | ||||||
5 | reasonably incurred
by dependents or private legal guardians of | ||||||
6 | minor dependents after a victim's death in obtaining ordinary | ||||||
7 | and necessary
services in lieu of those the victim would have | ||||||
8 | performed, not for income,
but for their benefit, if he or she | ||||||
9 | had not been fatally injured.
| ||||||
10 | (k) "Survivor" means immediate family including a parent, | ||||||
11 | step-father,
step-mother, child,
brother, sister, or spouse.
| ||||||
12 | (l) "Parent" means a natural parent, adopted parent, | ||||||
13 | step-parent, or permanent legal guardian of another person. | ||||||
14 | (Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; | ||||||
15 | 96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article | ||||||
16 | 2, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109, | ||||||
17 | eff. 1-1-13.)
| ||||||
18 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
19 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
20 | compensation
under this Act if:
| ||||||
21 | (a) Within 2 years of the occurrence of the crime, or | ||||||
22 | within one year after a criminal charge of a person for an | ||||||
23 | offense, upon
which the claim
is based, he files an | ||||||
24 | application, under oath, with the Court of Claims and
on a | ||||||
25 | form prescribed in accordance with Section 7.1 furnished by |
| |||||||
| |||||||
1 | the
Attorney General. If the person entitled to | ||||||
2 | compensation is under 18 years
of age or under other legal | ||||||
3 | disability at the time of the occurrence or
becomes legally | ||||||
4 | disabled as a result of the occurrence, he may file the
| ||||||
5 | application required by this subsection within 2 years | ||||||
6 | after
he attains
the age of 18 years or the disability is | ||||||
7 | removed, as the case may be. Legal disability includes a | ||||||
8 | diagnosis of posttraumatic stress disorder.
| ||||||
9 | (b) For all crimes of violence, except those listed in | ||||||
10 | subsection (b-1) of this Section, the appropriate law | ||||||
11 | enforcement officials were notified within
72 hours of the | ||||||
12 | perpetration of the crime allegedly causing the death or
| ||||||
13 | injury to the victim or, in the event such notification was | ||||||
14 | made more
than 72 hours after the perpetration of the | ||||||
15 | crime, the applicant
establishes that such notice was | ||||||
16 | timely under the circumstances.
| ||||||
17 | (b-1) For victims of offenses defined in Sections | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
19 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 , the appropriate law enforcement | ||||||
21 | officials were notified within 7 days of the perpetration | ||||||
22 | of the crime allegedly causing death or injury to the | ||||||
23 | victim or, in the event that the notification was made more | ||||||
24 | than 7 days after the perpetration of the crime, the | ||||||
25 | applicant establishes that the notice was timely under the | ||||||
26 | circumstances.
If the applicant or victim has obtained an |
| |||||||
| |||||||
1 | order of protection, a civil no contact order, or a | ||||||
2 | stalking no contact order, or has presented himself or | ||||||
3 | herself to a hospital for sexual assault evidence | ||||||
4 | collection and medical care, such action shall constitute | ||||||
5 | appropriate notification under this subsection (b-1) or | ||||||
6 | subsection (b) of this Section.
| ||||||
7 | (c) The applicant has cooperated with law enforcement
| ||||||
8 | officials in the apprehension and prosecution of the | ||||||
9 | assailant. If the applicant or victim has obtained an order | ||||||
10 | of protection, a civil no contact order, or a stalking no | ||||||
11 | contact order or has presented himself or herself to a | ||||||
12 | hospital for sexual assault evidence collection and | ||||||
13 | medical care, such action shall constitute cooperation | ||||||
14 | under this subsection (c).
| ||||||
15 | (d) The applicant is not the offender or an accomplice | ||||||
16 | of the offender
and the award would not unjustly benefit | ||||||
17 | the offender or his accomplice.
| ||||||
18 | (e) The injury to or death of the victim was not | ||||||
19 | substantially attributable
to his own wrongful act and was | ||||||
20 | not substantially provoked by the victim.
| ||||||
21 | (Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13.)
| ||||||
22 | (740 ILCS 45/14.1) (from Ch. 70, par. 84.1)
| ||||||
23 | Sec. 14.1.
(a) Hearings shall be open to the public unless | ||||||
24 | the Court of
Claims determines that a closed hearing should be | ||||||
25 | held because:
|
| |||||||
| |||||||
1 | (1) the alleged assailant has not been brought to trial | ||||||
2 | and a public
hearing
would adversely affect either his | ||||||
3 | apprehension or his trial;
| ||||||
4 | (2) the offense allegedly perpetrated against the | ||||||
5 | victim is one defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
6 | 12-13, 12-14, or 12-14.1 of the Criminal Code
of 1961 or | ||||||
7 | the Criminal Code of 2012 and the interests of the victim | ||||||
8 | or of persons dependent on his
support require that the | ||||||
9 | public be excluded from the hearing;
| ||||||
10 | (3) the victim or the alleged assailant is a minor; or
| ||||||
11 | (4) the interests of justice would be frustrated, | ||||||
12 | rather than furthered,
if the hearing were open to the | ||||||
13 | public.
| ||||||
14 | (b) A transcript shall be kept of the hearings held before | ||||||
15 | the Court of
Claims. No part of the transcript of any hearing | ||||||
16 | before the Court of Claims
may be used for any purpose in a | ||||||
17 | criminal proceeding except in the prosecution
of a person | ||||||
18 | alleged to have perjured himself in his testimony before the
| ||||||
19 | Court of Claims. A copy of the transcript may be furnished to | ||||||
20 | the applicant
upon his written request to the court reporter, | ||||||
21 | accompanied by payment of
a charge established
by the Court of | ||||||
22 | Claims in accordance with the prevailing commercial charge
for | ||||||
23 | a duplicate transcript. Where the interests of justice require, | ||||||
24 | the
Court of Claims may refuse to disclose the names of victims | ||||||
25 | or other material
in the transcript by which the identity of | ||||||
26 | the victim could be discovered.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
2 | Section 725. The Insurance Claims Fraud Prevention Act is | ||||||
3 | amended by changing Sections 5 and 45 as follows:
| ||||||
4 | (740 ILCS 92/5)
| ||||||
5 | Sec. 5. Patient and client procurement.
| ||||||
6 | (a) Except as otherwise permitted or authorized by law, it
| ||||||
7 | is unlawful to knowingly offer or pay any remuneration
directly | ||||||
8 | or
indirectly, in cash or in kind, to induce any person to | ||||||
9 | procure clients or
patients to obtain services
or benefits | ||||||
10 | under a contract of insurance or that will be the basis for a | ||||||
11 | claim
against an insured
person or the person's
insurer. | ||||||
12 | Nothing in this Act shall be construed to affect any contracts | ||||||
13 | or
arrangements between or among insuring entities including | ||||||
14 | health maintenance
organizations, health care professionals, | ||||||
15 | or health care facilities which are
hereby excluded.
| ||||||
16 | (b) A person who violates any provision of this Act , | ||||||
17 | Section 17-8.5 or Section 17-10.5 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012, or Article 46 of the
Criminal | ||||||
19 | Code of
1961 shall be subject, in addition to any other | ||||||
20 | penalties that may be
prescribed by law, to a civil
penalty of | ||||||
21 | not less than $5,000 nor more than $10,000, plus an assessment | ||||||
22 | of
not more than 3
times the amount of each claim for | ||||||
23 | compensation under a contract of insurance.
The court shall
| ||||||
24 | have the power to grant other equitable relief, including |
| |||||||
| |||||||
1 | temporary injunctive
relief, as is
necessary to prevent the | ||||||
2 | transfer, concealment, or dissipation of illegal
proceeds, or | ||||||
3 | to protect the
public. The penalty prescribed in this | ||||||
4 | subsection shall be assessed for each
fraudulent claim upon
a | ||||||
5 | person in which the defendant participated.
| ||||||
6 | (c) The penalties set forth in subsection (b) are intended | ||||||
7 | to be remedial
rather than
punitive, and shall not preclude, | ||||||
8 | nor be precluded by, a criminal prosecution
for the same
| ||||||
9 | conduct. If the court finds, after considering the goals of | ||||||
10 | disgorging unlawful
profit, restitution,
compensating the | ||||||
11 | State for the costs of investigation and prosecution, and
| ||||||
12 | alleviating the social
costs of increased insurance rates due | ||||||
13 | to fraud, that such a penalty would be
punitive and would
| ||||||
14 | preclude, or be precluded by, a criminal prosecution, the court | ||||||
15 | shall reduce
that penalty
appropriately.
| ||||||
16 | (Source: P.A. 92-233, eff. 1-1-02.)
| ||||||
17 | (740 ILCS 92/45)
| ||||||
18 | Sec. 45. Time limitations.
| ||||||
19 | (a) Except as provided in subsection (b), an action | ||||||
20 | pursuant to this Act may
not be filed
more than 3 years after | ||||||
21 | the discovery of the facts constituting the grounds for
| ||||||
22 | commencing the
action.
| ||||||
23 | (b) Notwithstanding subsection (a), an action may be filed | ||||||
24 | pursuant to
this Act within not
more than 8 years after the | ||||||
25 | commission of an act constituting a violation of
this Act , |
| |||||||
| |||||||
1 | Section 17-8.5 or Section 17-10.5 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012, or a violation
of Article 46 of | ||||||
3 | the Criminal Code of 1961.
| ||||||
4 | (Source: P.A. 92-233, eff. 1-1-02.)
| ||||||
5 | Section 730. The Interference With Utility Services Act is | ||||||
6 | amended by changing Section 4 as follows:
| ||||||
7 | (740 ILCS 95/4) (from Ch. 111 2/3, par. 1504)
| ||||||
8 | Sec. 4.
The rebuttable presumption provided in subsection | ||||||
9 | (c) of
Section 16-14 of the Criminal Code of 1961 prior to its | ||||||
10 | repeal by Public Act 97-597 (effective January 1, 2012) , as | ||||||
11 | now or hereafter amended ,
shall be fully applicable to all | ||||||
12 | causes of actions brought pursuant to this
Act. The presumption | ||||||
13 | provided shall only shift the burden of going forward
with | ||||||
14 | evidence, and shall in no event shift the burden of proof to | ||||||
15 | the
defendant. Any evidence of a judgment entered based on a | ||||||
16 | finding of guilt,
plea of guilty or stipulation of guilt in a | ||||||
17 | criminal cause of action
brought pursuant to Section 16-14 of | ||||||
18 | the Criminal Code of 2012 1961, as now or
hereafter amended, | ||||||
19 | shall be admissible in any civil action
brought pursuant to | ||||||
20 | this Act to prove any fact essential to sustaining a
judgment. | ||||||
21 | The pendency of an appeal may be shown but does not affect the
| ||||||
22 | admissibility of evidence under this Section.
| ||||||
23 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | Section 735. The Mental Health and Developmental | ||||||
2 | Disabilities Confidentiality Act is amended by changing | ||||||
3 | Section 12 as follows:
| ||||||
4 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
5 | Sec. 12. (a) If the United States Secret Service or the | ||||||
6 | Department of
State Police requests information from a mental | ||||||
7 | health or developmental
disability facility, as defined in | ||||||
8 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
9 | Disabilities Code, relating to a specific
recipient and the | ||||||
10 | facility director determines that disclosure of such
| ||||||
11 | information may be necessary to protect the life of, or to | ||||||
12 | prevent
the infliction of great bodily harm to, a public | ||||||
13 | official,
or a person under the protection of the United
States | ||||||
14 | Secret Service, only the following information
may be | ||||||
15 | disclosed: the recipient's name, address, and age and the date | ||||||
16 | of
any admission to or discharge from a facility; and any | ||||||
17 | information which
would indicate whether or not the recipient | ||||||
18 | has a history of violence or
presents a danger of violence to | ||||||
19 | the person under protection. Any information
so disclosed shall | ||||||
20 | be used for investigative purposes only and shall not
be | ||||||
21 | publicly disseminated.
Any person participating in good faith | ||||||
22 | in the disclosure of such
information in accordance with this | ||||||
23 | provision shall have immunity from any
liability, civil, | ||||||
24 | criminal or otherwise, if such information is disclosed
relying | ||||||
25 | upon the representation of an officer of the United States |
| |||||||
| |||||||
1 | Secret
Service or the Department of State Police that a person | ||||||
2 | is under the
protection of the United States Secret Service or | ||||||
3 | is a public official.
| ||||||
4 | For the purpose of this subsection (a), the term "public | ||||||
5 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
6 | General, Secretary of State,
State Comptroller, State | ||||||
7 | Treasurer, member of the General Assembly, member of the United | ||||||
8 | States Congress, Judge of the United States as defined in 28 | ||||||
9 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
10 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
11 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
12 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
13 | Illinois. The
term shall also include the spouse, child or | ||||||
14 | children of a public official.
| ||||||
15 | (b) The Department of Human Services (acting as successor | ||||||
16 | to the
Department of Mental Health and Developmental | ||||||
17 | Disabilities) and all
public or private hospitals and mental | ||||||
18 | health facilities are required, as hereafter described in this | ||||||
19 | subsection,
to furnish the Department of State Police only such | ||||||
20 | information as may
be required for the sole purpose of | ||||||
21 | determining whether an individual who
may be or may have been a | ||||||
22 | patient is disqualified because of that status
from receiving | ||||||
23 | or retaining a Firearm Owner's Identification Card under
| ||||||
24 | subsection (e) or (f) of Section 8 of the Firearm Owners | ||||||
25 | Identification Card
Act or 18 U.S.C. 922(g) and (n). All public | ||||||
26 | or private hospitals and mental health facilities shall, in the |
| |||||||
| |||||||
1 | form and manner required
by the Department, provide such | ||||||
2 | information as shall be necessary for the
Department to comply | ||||||
3 | with the reporting requirements to the Department of
State | ||||||
4 | Police. Such information shall be furnished within 7 days after
| ||||||
5 | admission to a public or private hospital or mental health | ||||||
6 | facility or the provision of services to a patient described in | ||||||
7 | clause (2) of this subsection (b). Any such information | ||||||
8 | disclosed under
this subsection shall
remain privileged and | ||||||
9 | confidential, and shall not be redisclosed, except as required | ||||||
10 | by clause (e)(2) of Section 3.1 of the Firearm Owners | ||||||
11 | Identification Card Act, nor utilized
for any other purpose. | ||||||
12 | The method of requiring the providing of such
information shall | ||||||
13 | guarantee that no information is released beyond what
is | ||||||
14 | necessary for this purpose. In addition, the information | ||||||
15 | disclosed
shall be provided
by the Department within the time | ||||||
16 | period established by Section 24-3 of the
Criminal Code of 2012 | ||||||
17 | 1961 regarding the delivery of firearms. The method used
shall | ||||||
18 | be sufficient to provide the necessary information within the
| ||||||
19 | prescribed time period, which may include periodically | ||||||
20 | providing
lists to the Department of Human Services
or any | ||||||
21 | public or private hospital or mental health facility of Firearm | ||||||
22 | Owner's Identification Card applicants
on which the Department | ||||||
23 | or hospital shall indicate the identities of those
individuals | ||||||
24 | who are to its knowledge disqualified from having a Firearm
| ||||||
25 | Owner's Identification Card for reasons described herein. The | ||||||
26 | Department
may provide for a centralized source
of information |
| |||||||
| |||||||
1 | for the State on this subject under its jurisdiction.
| ||||||
2 | Any person, institution, or agency, under this Act, | ||||||
3 | participating in
good faith in the reporting or disclosure of | ||||||
4 | records and communications
otherwise in accordance with this | ||||||
5 | provision or with rules, regulations or
guidelines issued by | ||||||
6 | the Department shall have immunity from any
liability, civil, | ||||||
7 | criminal or otherwise, that might result by reason of the
| ||||||
8 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
9 | arising out of a report or disclosure in accordance with this | ||||||
10 | provision,
the good faith of any person,
institution, or agency | ||||||
11 | so reporting or disclosing shall be presumed. The
full extent | ||||||
12 | of the immunity provided in this subsection (b) shall apply to
| ||||||
13 | any person, institution or agency that fails to make a report | ||||||
14 | or disclosure
in the good faith belief that the report or | ||||||
15 | disclosure would violate
federal regulations governing the | ||||||
16 | confidentiality of alcohol and drug abuse
patient records | ||||||
17 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
18 | For purposes of this subsection (b) only, the following | ||||||
19 | terms shall have
the meaning prescribed:
| ||||||
20 | (1) "Hospital" means only that type of institution | ||||||
21 | which is providing
full-time residential facilities and | ||||||
22 | treatment.
| ||||||
23 | (2) "Patient" shall include only: (i) a person who is | ||||||
24 | an in-patient or resident of any public or private hospital | ||||||
25 | or mental health facility or (ii) a person who is an | ||||||
26 | out-patient or provided services by a public or private |
| |||||||
| |||||||
1 | hospital or mental health facility whose mental condition | ||||||
2 | is of such a nature that it is manifested by violent, | ||||||
3 | suicidal, threatening, or assaultive behavior or reported | ||||||
4 | behavior, for which there is a reasonable belief by a | ||||||
5 | physician, clinical psychologist, or qualified examiner | ||||||
6 | that the condition poses a clear and present or imminent | ||||||
7 | danger to the patient, any other person or the community | ||||||
8 | meaning the patient's condition poses a clear and present | ||||||
9 | danger in accordance with subsection
(f) of Section 8 of | ||||||
10 | the Firearm Owners Identification Card Act. The terms | ||||||
11 | physician, clinical psychologist, and qualified examiner | ||||||
12 | are defined in Sections 1-120, 1-103, and 1-122 of the | ||||||
13 | Mental Health and Developmental Disabilities Code.
| ||||||
14 | (3) "Mental health facility" is defined by Section | ||||||
15 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
16 | Code.
| ||||||
17 | (c) Upon the request of a peace officer who takes a person | ||||||
18 | into custody
and transports such person to a mental health or | ||||||
19 | developmental disability
facility pursuant to Section 3-606 or | ||||||
20 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
21 | or who transports a person from such facility,
a facility | ||||||
22 | director shall furnish said peace officer the name, address, | ||||||
23 | age
and name of the nearest relative of the person transported | ||||||
24 | to or from the
mental health or developmental disability | ||||||
25 | facility. In no case shall the
facility director disclose to | ||||||
26 | the peace officer any information relating to the
diagnosis, |
| |||||||
| |||||||
1 | treatment or evaluation of the person's mental or physical | ||||||
2 | health.
| ||||||
3 | For the purposes of this subsection (c), the terms "mental | ||||||
4 | health or
developmental disability facility", "peace officer" | ||||||
5 | and "facility director"
shall have the meanings ascribed to | ||||||
6 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
7 | (d) Upon the request of a peace officer or prosecuting | ||||||
8 | authority who is
conducting a bona fide investigation of a | ||||||
9 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
10 | justice,
a facility director may disclose whether a person is | ||||||
11 | present at the facility.
Upon request of a peace officer or | ||||||
12 | prosecuting authority who has a valid
forcible felony warrant | ||||||
13 | issued, a facility director shall disclose: (1) whether
the | ||||||
14 | person who is the subject of the warrant is present at the | ||||||
15 | facility and (2)
the
date of that person's discharge or future | ||||||
16 | discharge from the facility.
The requesting peace officer or | ||||||
17 | prosecuting authority must furnish a case
number and the | ||||||
18 | purpose of the investigation or an outstanding arrest warrant | ||||||
19 | at
the time of the request. Any person, institution, or agency
| ||||||
20 | participating in good faith in disclosing such information in | ||||||
21 | accordance with
this subsection (d) is immune from any | ||||||
22 | liability, civil, criminal or
otherwise, that might result by | ||||||
23 | reason of the action.
| ||||||
24 | (Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
| ||||||
25 | Section 740. The Parental Responsibility Law is amended by |
| |||||||
| |||||||
1 | changing Section 3 as follows:
| ||||||
2 | (740 ILCS 115/3) (from Ch. 70, par. 53)
| ||||||
3 | Sec. 3. Liability. The parent or legal guardian of an | ||||||
4 | unemancipated minor who resides with
such parent or legal | ||||||
5 | guardian is liable for actual damages for the wilful
or | ||||||
6 | malicious acts of such minor which cause injury to a person or | ||||||
7 | property,
including damages caused by a minor who has been | ||||||
8 | adjudicated a delinquent for
violating
Section 21-1.3 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 .
Reasonable | ||||||
10 | attorney's fees may be awarded to any plaintiff in any action | ||||||
11 | under this Act. If the plaintiff is a governmental unit, | ||||||
12 | reasonable attorney's fees may be awarded up to $15,000.
| ||||||
13 | The changes to this Section made by this amendatory Act of | ||||||
14 | the 95th General Assembly apply to causes of action accruing on | ||||||
15 | or after its effective date. | ||||||
16 | (Source: P.A. 95-914, eff. 1-1-09.)
| ||||||
17 | Section 745. The Police Search Cost Recovery Act is amended | ||||||
18 | by changing Section 1 as follows:
| ||||||
19 | (740 ILCS 125/1) (from Ch. 70, par. 851)
| ||||||
20 | Sec. 1.
(a) When any governmental unit in this State has | ||||||
21 | expended
resources in a search for any person over the age of | ||||||
22 | 18 who has been
reported as missing, a cause of action exists | ||||||
23 | against the person reported
missing in favor of the |
| |||||||
| |||||||
1 | governmental unit or units conducting a police
search to | ||||||
2 | recover amounts reasonably expended by the governmental unit
or | ||||||
3 | units where:
| ||||||
4 | (1) Such person knew or should have known that a police | ||||||
5 | search
for him
was in progress;
| ||||||
6 | (2) Such person was not prevented by any other person | ||||||
7 | from
informing the
police agency searching for him of his | ||||||
8 | whereabouts and that he was not in
danger, or from | ||||||
9 | informing another person who could so inform the police | ||||||
10 | agency;
and
| ||||||
11 | (3) Such person failed, without good cause, to inform | ||||||
12 | such police agency
or another person who could inform such | ||||||
13 | police agency that a search was
not necessary.
| ||||||
14 | (b) When any governmental unit in this State has expended | ||||||
15 | resources in
a search for a noncustodial parent who conceals, | ||||||
16 | detains or removes a child
under the age of 18 from | ||||||
17 | jurisdiction of the court in violation of a court
order or | ||||||
18 | without the consent of the lawful custodian of the child and in
| ||||||
19 | search of that child, who has been reported as missing, a cause | ||||||
20 | of action
exists against the noncustodial parent in favor of | ||||||
21 | the
governmental unit or units conducting a police search to | ||||||
22 | recover amounts
reasonably expended by the governmental unit or | ||||||
23 | units. For purposes of
subsection (b), "detains" and "lawful | ||||||
24 | custodian" have the meanings ascribed
to them in Section 10-5 | ||||||
25 | of the Criminal Code of 2012 1961 .
| ||||||
26 | (c) The causes of action under subsections (a) and
(b) |
| |||||||
| |||||||
1 | shall lie for all amounts reasonably expended in the
search and | ||||||
2 | any amounts expended in the enforcement of the actions,
| ||||||
3 | including reasonable attorney's fees, litigation expenses, and | ||||||
4 | court costs.
Punitive damages shall not be awarded.
| ||||||
5 | (Source: P.A. 86-423; 87-1027.)
| ||||||
6 | Section 750. The Predator Accountability Act is amended by | ||||||
7 | changing Sections 10, 15, and 30 as follows: | ||||||
8 | (740 ILCS 128/10)
| ||||||
9 | Sec. 10. Definitions. As used in this Act: | ||||||
10 | "Sex trade" means any act, which if proven beyond a | ||||||
11 | reasonable doubt could support a conviction for a violation or | ||||||
12 | attempted violation of any of the following Sections of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 : 11-14.3 | ||||||
14 | (promoting prostitution); 11-14.4 (promoting juvenile | ||||||
15 | prostitution); 11-15 (soliciting for a prostitute); 11-15.1 | ||||||
16 | (soliciting for a juvenile prostitute); 11-16 (pandering); | ||||||
17 | 11-17 (keeping a place of prostitution); 11-17.1 (keeping a | ||||||
18 | place of juvenile prostitution); 11-19 (pimping); 11-19.1 | ||||||
19 | (juvenile pimping and aggravated juvenile pimping); 11-19.2 | ||||||
20 | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child | ||||||
21 | pornography); or 11-20.1B or 11-20.3 (aggravated child | ||||||
22 | pornography); or Section 10-9 of the Criminal Code of 1961 | ||||||
23 | (trafficking in persons and involuntary servitude). | ||||||
24 | "Sex trade" activity may involve adults and youth of all |
| |||||||
| |||||||
1 | genders and sexual orientations.
| ||||||
2 | "Victim of the sex trade" means, for the following sex | ||||||
3 | trade acts, the person or persons indicated: | ||||||
4 | (1) soliciting for a prostitute: the prostitute who is | ||||||
5 | the object of the solicitation; | ||||||
6 | (2) soliciting for a juvenile prostitute: the juvenile | ||||||
7 | prostitute, or severely or profoundly intellectually | ||||||
8 | disabled person, who is the object of the solicitation; | ||||||
9 | (3) promoting prostitution as described in subdivision | ||||||
10 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 , or pandering: | ||||||
12 | the person intended or compelled to act as a prostitute; | ||||||
13 | (4) keeping a place of prostitution: any person | ||||||
14 | intended or compelled to act as a prostitute, while present | ||||||
15 | at the place, during the time period in question; | ||||||
16 | (5) keeping a place of juvenile prostitution: any | ||||||
17 | juvenile intended or compelled to act as a prostitute, | ||||||
18 | while present at the place, during the time period in | ||||||
19 | question; | ||||||
20 | (6) promoting prostitution as described in subdivision | ||||||
21 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | ||||||
22 | or the Criminal Code of 2012 , or pimping: the prostitute | ||||||
23 | from whom anything of value is received; | ||||||
24 | (7) promoting juvenile prostitution as described in | ||||||
25 | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 , or |
| |||||||
| |||||||
1 | juvenile pimping and aggravated juvenile pimping: the | ||||||
2 | juvenile, or severely or profoundly intellectually | ||||||
3 | disabled person, from whom anything of value is received | ||||||
4 | for that person's act of prostitution; | ||||||
5 | (8) promoting juvenile prostitution as described in | ||||||
6 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 , or exploitation of a | ||||||
8 | child: the juvenile, or severely or profoundly | ||||||
9 | intellectually disabled person, intended or compelled to | ||||||
10 | act as a prostitute or from whom anything of value is | ||||||
11 | received for that person's act of prostitution; | ||||||
12 | (9) obscenity: any person who appears in or is | ||||||
13 | described or depicted in the offending conduct or material; | ||||||
14 | (10) child pornography or aggravated child | ||||||
15 | pornography: any child, or severely or profoundly | ||||||
16 | intellectually disabled person, who appears in or is | ||||||
17 | described or depicted in the offending conduct or material; | ||||||
18 | or | ||||||
19 | (11) trafficking of persons or involuntary servitude: | ||||||
20 | a "trafficking victim" as defined in Section 10-9 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
22 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
23 | 97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. | ||||||
24 | 1-1-13.) | ||||||
25 | (740 ILCS 128/15) |
| |||||||
| |||||||
1 | Sec. 15. Cause of action. | ||||||
2 | (a) Violations of this Act are actionable in civil court. | ||||||
3 | (b) A victim of the sex trade has a cause of action against | ||||||
4 | a person or entity who:
| ||||||
5 | (1) recruits, profits from, or maintains the victim in | ||||||
6 | any sex trade act; | ||||||
7 | (2) intentionally abuses, as defined in Section 103 of | ||||||
8 | the Illinois Domestic Violence Act of 1986, or causes | ||||||
9 | bodily harm, as defined in Section 11-0.1 of the Criminal | ||||||
10 | Code of 2012 1961 , to the victim in any sex trade act; or
| ||||||
11 | (3) knowingly advertises or publishes advertisements | ||||||
12 | for purposes of recruitment into sex trade activity. | ||||||
13 | (c) This Section shall not be construed to create liability | ||||||
14 | to any person or entity who provides goods or services to the | ||||||
15 | general public, who also provides those goods or services to | ||||||
16 | persons who would be liable under subsection (b) of this | ||||||
17 | Section, absent a showing that the person or entity either:
| ||||||
18 | (1) knowingly markets or provides its goods or services | ||||||
19 | primarily to persons or entities liable under subsection | ||||||
20 | (b) of this Section;
| ||||||
21 | (2) knowingly receives a higher level of compensation | ||||||
22 | from persons or entities liable under subsection (b) of | ||||||
23 | this Section than it generally receives from customers; or | ||||||
24 | (3) supervises or exercises control over persons or | ||||||
25 | entities liable under subsection (b) of this Section.
| ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | (740 ILCS 128/30)
| ||||||
2 | Sec. 30. Evidence. Related to a cause of action under this | ||||||
3 | Act, the fact that a plaintiff or other witness has testified | ||||||
4 | under oath or given evidence relating to an act that may be a | ||||||
5 | violation of any provision of the Criminal Code of 2012 1961 | ||||||
6 | shall not be construed to require the State's Attorney to | ||||||
7 | criminally charge any person for such violation.
| ||||||
8 | (Source: P.A. 94-998, eff. 7-3-06.) | ||||||
9 | Section 755. The Illinois Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act is amended by changing Sections 10, 40, and 45 | ||||||
11 | as follows:
| ||||||
12 | (740 ILCS 147/10)
| ||||||
13 | Sec. 10. Definitions.
| ||||||
14 | "Course or pattern of criminal activity" means 2 or more | ||||||
15 | gang-related
criminal offenses committed in whole or in part | ||||||
16 | within this State when:
| ||||||
17 | (1) at least one such offense was committed after the | ||||||
18 | effective date of
this Act;
| ||||||
19 | (2) both offenses were committed within 5 years of each | ||||||
20 | other; and
| ||||||
21 | (3) at least one offense involved the solicitation to | ||||||
22 | commit,
conspiracy to commit, attempt to commit, or | ||||||
23 | commission of any offense
defined as a felony or forcible |
| |||||||
| |||||||
1 | felony under the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012 .
| ||||||
3 | "Course or pattern of criminal activity" also means one or | ||||||
4 | more acts of
criminal defacement of property under Section | ||||||
5 | 21-1.3 of the Criminal Code of
1961 or the Criminal Code of | ||||||
6 | 2012 , if the defacement includes a sign or other symbol | ||||||
7 | intended to identify
the streetgang.
| ||||||
8 | "Designee of State's Attorney" or "designee" means any | ||||||
9 | attorney for
a public authority who has received written | ||||||
10 | permission from the State's
Attorney to file or join in a civil | ||||||
11 | action authorized by this Act.
| ||||||
12 | "Public authority" means any unit of local government or | ||||||
13 | school
district created or established under the Constitution | ||||||
14 | or laws of this State.
| ||||||
15 | "State's Attorney" means the State's Attorney of any county | ||||||
16 | where an
offense constituting a part of a course or pattern of | ||||||
17 | gang-related criminal
activity has occurred or has been | ||||||
18 | committed.
| ||||||
19 | "Streetgang" or "gang" or "organized gang" or "criminal | ||||||
20 | street gang"
means any combination, confederation,
alliance, | ||||||
21 | network, conspiracy, understanding, or other similar | ||||||
22 | conjoining,
in law or in fact, of 3 or more persons with an | ||||||
23 | established hierarchy that, through its
membership
or through | ||||||
24 | the agency of any member engages in a course or pattern of | ||||||
25 | criminal
activity.
| ||||||
26 | For purposes of this Act, it shall not be necessary to show |
| |||||||
| |||||||
1 | that a
particular conspiracy, combination, or conjoining of | ||||||
2 | persons possesses,
acknowledges, or is known by any common | ||||||
3 | name, insignia, flag, means of
recognition, secret signal or | ||||||
4 | code, creed, belief, structure, leadership or
command | ||||||
5 | structure, method of operation or criminal enterprise,
| ||||||
6 | concentration or specialty, membership, age, or other | ||||||
7 | qualifications,
initiation rites, geographical or territorial | ||||||
8 | situs or boundary or
location, or other unifying mark, manner, | ||||||
9 | protocol or method of expressing
or indicating membership when | ||||||
10 | the conspiracy's existence, in law or in
fact, can be | ||||||
11 | demonstrated by a preponderance of other competent evidence.
| ||||||
12 | However, any evidence reasonably tending to show or | ||||||
13 | demonstrate, in law or
in fact, the existence of or membership | ||||||
14 | in any conspiracy, confederation,
or other association | ||||||
15 | described herein, or probative of the existence of or
| ||||||
16 | membership in any such association, shall be admissible in any | ||||||
17 | action or
proceeding brought under this Act.
| ||||||
18 | "Streetgang member" or "gang member" means any person who | ||||||
19 | actually
and in fact belongs to a gang, and any person who | ||||||
20 | knowingly acts in the
capacity of an agent for or accessory to, | ||||||
21 | or is legally accountable for, or
voluntarily associates | ||||||
22 | himself with a course or pattern of gang-related
criminal | ||||||
23 | activity, whether in a preparatory, executory, or cover-up | ||||||
24 | phase
of any activity, or who knowingly performs, aids, or | ||||||
25 | abets any such activity.
| ||||||
26 | "Streetgang related" or "gang-related" means any criminal |
| |||||||
| |||||||
1 | activity,
enterprise, pursuit, or undertaking directed by, | ||||||
2 | ordered by, authorized by,
consented to, agreed to, requested | ||||||
3 | by, acquiesced in, or ratified by any
gang leader, officer, or | ||||||
4 | governing or policy-making person or authority, or
by any | ||||||
5 | agent, representative, or deputy of any such officer, person, | ||||||
6 | or
authority:
| ||||||
7 | (1) with the intent to increase the gang's size, | ||||||
8 | membership,
prestige, dominance, or control in any | ||||||
9 | geographical area; or
| ||||||
10 | (2) with the intent to provide the gang with any | ||||||
11 | advantage in, or
any control or dominance over any criminal | ||||||
12 | market sector, including but not
limited to, the | ||||||
13 | manufacture, delivery, or sale of controlled substances or
| ||||||
14 | cannabis; arson or arson-for-hire; traffic in stolen | ||||||
15 | property or stolen
credit cards; traffic in prostitution, | ||||||
16 | obscenity, or pornography; or that
involves robbery, | ||||||
17 | burglary, or theft; or
| ||||||
18 | (3) with the intent to exact revenge or retribution for | ||||||
19 | the gang
or any member of the gang; or
| ||||||
20 | (4) with the intent to obstruct justice, or intimidate | ||||||
21 | or
eliminate any witness against the gang or any member of | ||||||
22 | the gang; or
| ||||||
23 | (5) with the intent to otherwise directly or indirectly | ||||||
24 | cause any
benefit, aggrandizement, gain, profit or other | ||||||
25 | advantage whatsoever to or
for the gang, its reputation, | ||||||
26 | influence, or membership.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-337, eff. 1-1-04.)
| ||||||
2 | (740 ILCS 147/40)
| ||||||
3 | Sec. 40. Contraband.
| ||||||
4 | (a) The following are declared to be contraband and no | ||||||
5 | person shall
have a property interest in them:
| ||||||
6 | (1) any property that is directly or indirectly used or | ||||||
7 | intended
for use in any manner to facilitate streetgang | ||||||
8 | related activity;
and
| ||||||
9 | (2) any property constituting or derived from gross | ||||||
10 | profits or other
proceeds obtained from streetgang related | ||||||
11 | activity.
| ||||||
12 | (b) Within 60 days of the date of the seizure of contraband | ||||||
13 | under this
Section, the State's Attorney shall initiate | ||||||
14 | forfeiture proceedings as
provided
in Article 36 of the | ||||||
15 | Criminal Code of 2012 1961 . An owner or person who has a lien
| ||||||
16 | on the property may
establish as a defense to the forfeiture of | ||||||
17 | property
that is subject to forfeiture under this Section that | ||||||
18 | the owner or lienholder
had no knowledge that the property was | ||||||
19 | acquired through a pattern of
streetgang related activity. | ||||||
20 | Property that is forfeited under this Section
shall be disposed | ||||||
21 | of as provided in Article 36 of the Criminal Code of 2012 1961
| ||||||
22 | for the forfeiture of vehicles, vessels, and aircraft. The
| ||||||
23 | proceeds of the disposition shall be paid to the Gang Violence | ||||||
24 | Victims
and Witnesses Fund to be used to assist in the | ||||||
25 | prosecution of gang crimes.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-876, eff. 1-1-01.)
| ||||||
2 | (740 ILCS 147/45)
| ||||||
3 | Sec. 45. Abatement as public nuisance.
| ||||||
4 | (a) Any real property that is erected, established, | ||||||
5 | maintained,
owned, leased, or used by any streetgang for the | ||||||
6 | purpose
of conducting streetgang related activity constitutes | ||||||
7 | a public
nuisance and may be abated as provided in Article 37 | ||||||
8 | of the Criminal Code
of 2012 1961 relating to public nuisances.
| ||||||
9 | (b) An action to abate a nuisance under this Section may
be | ||||||
10 | brought by the State's Attorney of the county where the seizure
| ||||||
11 | occurred.
| ||||||
12 | (c) Any person who is injured by reason of streetgang | ||||||
13 | related activity
shall have a cause of action for 3 times the | ||||||
14 | actual damages
sustained and, if appropriate, punitive | ||||||
15 | damages;
however, no cause of action shall arise under this | ||||||
16 | subsection (c)
as a result of an otherwise legitimate | ||||||
17 | commercial transaction
between parties to a contract or | ||||||
18 | agreement for the sale of lawful
goods or property or the sale | ||||||
19 | of securities regulated by the Illinois
Securities Law of 1953
| ||||||
20 | or by the federal Securities and Exchange Commission.
The | ||||||
21 | person shall also recover reasonable attorney's fees,
costs, | ||||||
22 | and expenses.
| ||||||
23 | (Source: P.A. 91-876, eff. 1-1-01.)
| ||||||
24 | Section 757. The Federal Law Enforcement Officer Immunity |
| |||||||
| |||||||
1 | Act is amended by changing Section 10 as follows:
| ||||||
2 | (745 ILCS 22/10)
| ||||||
3 | Sec. 10. Immunity. A federal law enforcement officer while | ||||||
4 | acting as a
peace officer under Section 2-13 of the Criminal | ||||||
5 | Code of 2012 1961 is not liable for
his or her act or omission | ||||||
6 | in the execution or enforcement of any law unless
the act or | ||||||
7 | omission constitutes wilful and wanton conduct.
| ||||||
8 | (Source: P.A. 88-677, eff. 12-15-94.)
| ||||||
9 | Section 760. The Illinois Marriage and Dissolution of | ||||||
10 | Marriage Act is amended by changing Sections 503, 601, 607, and | ||||||
11 | 607.1 as follows:
| ||||||
12 | (750 ILCS 5/503) (from Ch. 40, par. 503)
| ||||||
13 | Sec. 503. Disposition of property.
| ||||||
14 | (a) For purposes of this Act, "marital property" means all | ||||||
15 | property acquired
by either spouse subsequent to the marriage, | ||||||
16 | except the following, which is
known as "non-marital property":
| ||||||
17 | (1) property acquired by gift, legacy or descent;
| ||||||
18 | (2) property acquired in exchange for property | ||||||
19 | acquired before the
marriage or in exchange for property | ||||||
20 | acquired by gift, legacy or descent;
| ||||||
21 | (3) property acquired by a spouse after a judgment of | ||||||
22 | legal separation;
| ||||||
23 | (4) property excluded by valid agreement of the |
| |||||||
| |||||||
1 | parties;
| ||||||
2 | (5) any judgment or property obtained by judgment | ||||||
3 | awarded to a spouse
from the other spouse;
| ||||||
4 | (6) property acquired before the marriage;
| ||||||
5 | (7) the increase in value of property acquired by a | ||||||
6 | method listed in
paragraphs (1) through (6) of this | ||||||
7 | subsection, irrespective of whether the
increase results | ||||||
8 | from a contribution of marital property, non-marital | ||||||
9 | property,
the personal effort of a spouse, or otherwise, | ||||||
10 | subject to the right of
reimbursement provided in | ||||||
11 | subsection (c) of this Section; and
| ||||||
12 | (8) income from property acquired by a method listed in | ||||||
13 | paragraphs (1)
through (7) of this subsection if the income | ||||||
14 | is not attributable to the
personal effort of a spouse.
| ||||||
15 | (b)(1) For purposes of distribution of property pursuant to | ||||||
16 | this
Section, all property acquired by either spouse after the | ||||||
17 | marriage and before a
judgment of dissolution of marriage or | ||||||
18 | declaration of invalidity of marriage,
including non-marital | ||||||
19 | property transferred into some form of co-ownership
between the | ||||||
20 | spouses, is presumed to be marital property, regardless of | ||||||
21 | whether
title is held individually or by the spouses in some | ||||||
22 | form of co-ownership such
as joint tenancy, tenancy in common, | ||||||
23 | tenancy by the entirety, or community
property. The presumption | ||||||
24 | of marital property is overcome by a showing that
the property | ||||||
25 | was acquired by a method listed in subsection (a) of this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (2) For purposes of distribution of property pursuant to | ||||||
2 | this Section,
all pension benefits (including pension benefits | ||||||
3 | under the Illinois Pension
Code) acquired by either spouse | ||||||
4 | after the marriage and before a judgment of
dissolution of | ||||||
5 | marriage or declaration of invalidity of the marriage are
| ||||||
6 | presumed to be marital property, regardless of which spouse | ||||||
7 | participates in the
pension plan. The presumption that these | ||||||
8 | pension benefits are marital property
is overcome by a showing | ||||||
9 | that the pension benefits were acquired by a method
listed in | ||||||
10 | subsection (a) of this Section. The right to a division of | ||||||
11 | pension
benefits in just proportions under this Section is | ||||||
12 | enforceable under Section
1-119 of the Illinois Pension Code.
| ||||||
13 | The value of pension benefits in a retirement system | ||||||
14 | subject to the Illinois
Pension Code shall be determined in | ||||||
15 | accordance with the valuation procedures
established by the | ||||||
16 | retirement system.
| ||||||
17 | The recognition of pension benefits as marital property and | ||||||
18 | the division of
those benefits pursuant to a Qualified Illinois | ||||||
19 | Domestic Relations Order shall
not be deemed to be a | ||||||
20 | diminishment, alienation, or impairment of those
benefits. The | ||||||
21 | division of pension benefits is an allocation of property in
| ||||||
22 | which each spouse has a species of common ownership.
| ||||||
23 | (3) For purposes of distribution of property under this | ||||||
24 | Section, all stock
options granted to either spouse after the | ||||||
25 | marriage and before a judgment of
dissolution of marriage or | ||||||
26 | declaration of invalidity of marriage, whether
vested or |
| |||||||
| |||||||
1 | non-vested or whether their value is ascertainable, are | ||||||
2 | presumed to
be marital property. This presumption of marital | ||||||
3 | property is overcome by a
showing that the stock options were | ||||||
4 | acquired by a method listed in subsection
(a) of this Section. | ||||||
5 | The court shall allocate stock options between the
parties at | ||||||
6 | the time of the judgment of dissolution of marriage or | ||||||
7 | declaration
of invalidity of marriage recognizing that the | ||||||
8 | value of the stock options may
not be then determinable and | ||||||
9 | that the actual division of the options may not
occur until a | ||||||
10 | future date. In making the allocation between the parties, the
| ||||||
11 | court shall consider, in addition to the factors set forth in | ||||||
12 | subsection (d) of
this Section, the following:
| ||||||
13 | (i) All circumstances underlying the grant of the stock | ||||||
14 | option including
but not limited to whether the grant was | ||||||
15 | for past, present, or future efforts,
or any combination | ||||||
16 | thereof.
| ||||||
17 | (ii) The length of time from the grant of the option to | ||||||
18 | the time the
option is exercisable.
| ||||||
19 | (b-5) As to any policy of life insurance insuring the life | ||||||
20 | of either spouse, or any interest in such policy, that | ||||||
21 | constitutes marital property, whether whole life, term life, | ||||||
22 | group term life, universal life, or other form of life
| ||||||
23 | insurance policy, and whether or not the value is | ||||||
24 | ascertainable, the court shall allocate ownership, death | ||||||
25 | benefits or the
right to assign death benefits, and the | ||||||
26 | obligation for premium payments, if any, equitably between the |
| |||||||
| |||||||
1 | parties at the
time of the judgment for dissolution or | ||||||
2 | declaration of invalidity of marriage. | ||||||
3 | (c) Commingled marital and non-marital property shall be | ||||||
4 | treated in
the following manner, unless otherwise agreed by the | ||||||
5 | spouses:
| ||||||
6 | (1) When marital and non-marital property are | ||||||
7 | commingled by contributing
one estate of property into | ||||||
8 | another resulting in a loss of identity of the
contributed | ||||||
9 | property, the classification of the contributed property | ||||||
10 | is
transmuted to the estate receiving the contribution, | ||||||
11 | subject to the provisions
of paragraph (2) of this | ||||||
12 | subsection; provided that if marital and non-marital
| ||||||
13 | property are commingled into newly acquired property | ||||||
14 | resulting in a loss
of identity of the contributing | ||||||
15 | estates, the commingled property shall be
deemed | ||||||
16 | transmuted to marital property, subject to the provisions | ||||||
17 | of paragraph
(2) of this subsection.
| ||||||
18 | (2) When one estate of property makes a contribution to | ||||||
19 | another estate
of property, or when a spouse contributes | ||||||
20 | personal effort to non-marital
property, the contributing | ||||||
21 | estate shall be reimbursed from the estate receiving
the | ||||||
22 | contribution notwithstanding any transmutation; provided, | ||||||
23 | that no such
reimbursement shall be made with respect to a | ||||||
24 | contribution which is not
retraceable by clear and | ||||||
25 | convincing evidence, or was a gift, or, in the
case of a | ||||||
26 | contribution of personal effort of a spouse to non-marital |
| |||||||
| |||||||
1 | property,
unless the effort is significant and results in | ||||||
2 | substantial appreciation
of the non-marital property. | ||||||
3 | Personal effort of a spouse shall be deemed
a contribution | ||||||
4 | by the marital estate. The court may provide for | ||||||
5 | reimbursement
out of the marital property to be divided or | ||||||
6 | by imposing a lien against the
non-marital property which | ||||||
7 | received the contribution.
| ||||||
8 | (d) In a proceeding for dissolution of marriage or | ||||||
9 | declaration of invalidity
of marriage, or in a proceeding for | ||||||
10 | disposition of property following
dissolution of marriage by a | ||||||
11 | court which lacked personal jurisdiction over the
absent spouse | ||||||
12 | or lacked jurisdiction to dispose of the property, the court
| ||||||
13 | shall assign each spouse's non-marital property to that spouse. | ||||||
14 | It also shall
divide the marital property without regard to | ||||||
15 | marital misconduct in just
proportions considering all | ||||||
16 | relevant factors, including:
| ||||||
17 | (1) the contribution of each party to the acquisition, | ||||||
18 | preservation, or
increase or decrease in value of the | ||||||
19 | marital or non-marital property, including
(i) any such | ||||||
20 | decrease attributable to a payment deemed to have been an | ||||||
21 | advance from the parties' marital estate under subsection | ||||||
22 | (c-1)(2) of Section 501 and (ii) the contribution of a | ||||||
23 | spouse as a homemaker or to the family unit;
| ||||||
24 | (2) the dissipation by each party of the marital or | ||||||
25 | non-marital property, provided that a party's claim of | ||||||
26 | dissipation is subject to the following conditions:
|
| |||||||
| |||||||
1 | (i) a notice of intent to claim dissipation shall | ||||||
2 | be given no later than 60 days
before trial or 30 days | ||||||
3 | after discovery closes, whichever is later; | ||||||
4 | (ii) the notice of intent to claim dissipation | ||||||
5 | shall contain, at a minimum, a date or period of time | ||||||
6 | during which the marriage began undergoing an | ||||||
7 | irretrievable breakdown, an identification of the | ||||||
8 | property dissipated, and a date or period of time | ||||||
9 | during which the dissipation occurred; | ||||||
10 | (iii) the notice of intent to claim dissipation | ||||||
11 | shall be filed with the clerk of the court and be | ||||||
12 | served pursuant to applicable rules; | ||||||
13 | (iv) no dissipation shall be deemed to have | ||||||
14 | occurred prior to 5 years before the filing of the | ||||||
15 | petition for dissolution of marriage, or 3 years after | ||||||
16 | the party
claiming dissipation knew or should have | ||||||
17 | known of the dissipation;
| ||||||
18 | (3) the value of the property assigned to each spouse;
| ||||||
19 | (4) the duration of the marriage;
| ||||||
20 | (5) the relevant economic circumstances of each spouse | ||||||
21 | when the division
of property is to become effective, | ||||||
22 | including the desirability of awarding
the family home, or | ||||||
23 | the right to live therein for reasonable periods, to the
| ||||||
24 | spouse having custody of the children;
| ||||||
25 | (6) any obligations and rights arising from a prior | ||||||
26 | marriage
of either party;
|
| |||||||
| |||||||
1 | (7) any antenuptial agreement of the parties;
| ||||||
2 | (8) the age, health, station, occupation, amount and | ||||||
3 | sources of income,
vocational skills, employability, | ||||||
4 | estate, liabilities, and needs of each of the
parties;
| ||||||
5 | (9) the custodial provisions for any children;
| ||||||
6 | (10) whether the apportionment is in lieu of or in | ||||||
7 | addition to
maintenance;
| ||||||
8 | (11) the reasonable opportunity of each spouse for | ||||||
9 | future acquisition
of capital assets and income; and
| ||||||
10 | (12) the tax consequences of the property division upon | ||||||
11 | the
respective economic circumstances of the parties.
| ||||||
12 | (e) Each spouse has a species of common ownership in the | ||||||
13 | marital property
which vests at the time dissolution | ||||||
14 | proceedings are commenced and continues
only during the | ||||||
15 | pendency of the action. Any such interest in marital property
| ||||||
16 | shall not encumber that property so as to restrict its | ||||||
17 | transfer, assignment
or conveyance by the title holder unless | ||||||
18 | such title holder is specifically
enjoined from making such | ||||||
19 | transfer, assignment or conveyance.
| ||||||
20 | (f) In a proceeding for dissolution of marriage or | ||||||
21 | declaration of
invalidity of marriage or in a proceeding for | ||||||
22 | disposition of property
following dissolution of marriage by a | ||||||
23 | court that lacked personal
jurisdiction over the absent spouse | ||||||
24 | or lacked jurisdiction to dispose of
the property, the court, | ||||||
25 | in determining the value of the marital and
non-marital | ||||||
26 | property for purposes of dividing the property, shall value the
|
| |||||||
| |||||||
1 | property as of the date of trial or some other date as close to | ||||||
2 | the date
of trial as is practicable.
| ||||||
3 | (g) The court if necessary to protect and promote the best | ||||||
4 | interests of the
children may set aside a portion of the | ||||||
5 | jointly or separately held
estates of the parties in a separate | ||||||
6 | fund or trust for the support,
maintenance, education, physical | ||||||
7 | and mental health, and general welfare of any minor, dependent,
| ||||||
8 | or incompetent child of the parties. In making a determination | ||||||
9 | under this
subsection, the court may consider, among other | ||||||
10 | things, the conviction of a
party of any of the offenses set | ||||||
11 | forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
12 | 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||||||
13 | 12-15, or 12-16, or Section 12-3.05 except for subdivision | ||||||
14 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012 if the
victim is a
child of one or both of the | ||||||
16 | parties, and there is a need for, and cost of,
care, healing | ||||||
17 | and counseling for the child who is the victim of the crime.
| ||||||
18 | (h) Unless specifically directed by a reviewing court, or | ||||||
19 | upon good
cause shown, the court shall not on remand consider | ||||||
20 | any increase or
decrease in the value of any "marital" or | ||||||
21 | "non-marital" property occurring
since the assessment of such | ||||||
22 | property at the original trial or hearing, but
shall use only | ||||||
23 | that assessment made at the original trial or hearing.
| ||||||
24 | (i) The court may make such judgments affecting the marital | ||||||
25 | property
as may be just and may enforce such judgments by | ||||||
26 | ordering a sale of marital
property, with proceeds therefrom to |
| |||||||
| |||||||
1 | be applied as determined by the court.
| ||||||
2 | (j) After proofs have closed in the final hearing on all | ||||||
3 | other issues
between the parties (or in conjunction with the | ||||||
4 | final hearing, if all parties
so stipulate) and before judgment | ||||||
5 | is entered, a party's petition for
contribution to fees and | ||||||
6 | costs incurred in the proceeding shall be heard and
decided, in | ||||||
7 | accordance with the following provisions:
| ||||||
8 | (1) A petition for contribution, if not filed before | ||||||
9 | the final hearing
on other issues between the parties, | ||||||
10 | shall be filed no later than 30 days after
the closing of | ||||||
11 | proofs in the final hearing or within such other period as | ||||||
12 | the
court orders.
| ||||||
13 | (2) Any award of contribution to one party from the | ||||||
14 | other party shall be
based on the criteria for division of | ||||||
15 | marital property under this Section 503
and, if maintenance | ||||||
16 | has been awarded, on the criteria for an award of
| ||||||
17 | maintenance under Section 504.
| ||||||
18 | (3) The filing of a petition for contribution shall not | ||||||
19 | be deemed to
constitute a waiver of the attorney-client | ||||||
20 | privilege between the petitioning
party and current or | ||||||
21 | former counsel; and such a waiver shall not constitute a
| ||||||
22 | prerequisite to a hearing for contribution. If either | ||||||
23 | party's presentation on
contribution, however, includes | ||||||
24 | evidence within the scope of the
attorney-client | ||||||
25 | privilege, the disclosure or disclosures shall be narrowly
| ||||||
26 | construed and shall not be deemed by the court to |
| |||||||
| |||||||
1 | constitute a general waiver
of the privilege as to matters | ||||||
2 | beyond the scope of the presentation.
| ||||||
3 | (4) No finding on which a contribution award is based | ||||||
4 | or denied shall be
asserted against counsel or former | ||||||
5 | counsel for purposes of any hearing under
subsection (c) or | ||||||
6 | (e) of Section 508.
| ||||||
7 | (5) A contribution award (payable to either the | ||||||
8 | petitioning
party or the party's counsel, or jointly, as | ||||||
9 | the court determines) may be in
the form of either a set | ||||||
10 | dollar amount or a percentage of fees and costs (or a
| ||||||
11 | portion of fees and costs) to be subsequently agreed upon | ||||||
12 | by the petitioning
party and counsel or, alternatively, | ||||||
13 | thereafter determined in a hearing
pursuant to subsection | ||||||
14 | (c) of Section 508 or previously or thereafter
determined | ||||||
15 | in an independent proceeding under subsection (e) of | ||||||
16 | Section
508.
| ||||||
17 | (6) The changes to this Section 503 made by this | ||||||
18 | amendatory Act of 1996
apply to cases pending on or after | ||||||
19 | June 1, 1997, except as otherwise provided
in Section 508.
| ||||||
20 | The changes made to this Section by this amendatory Act of | ||||||
21 | the 97th General Assembly apply only to petitions for | ||||||
22 | dissolution of marriage filed on or after the effective date of | ||||||
23 | this amendatory Act of the 97th General Assembly. | ||||||
24 | (Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
25 | 985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff. | ||||||
26 | 7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff. |
| |||||||
| |||||||
1 | 1-1-13.)
| ||||||
2 | (750 ILCS 5/601) (from Ch. 40, par. 601)
| ||||||
3 | Sec. 601. Jurisdiction; Commencement of Proceeding.
| ||||||
4 | (a) A court of this State competent to decide child custody | ||||||
5 | matters has
jurisdiction to make a child custody determination | ||||||
6 | in original or modification
proceedings as provided in Section | ||||||
7 | 201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
8 | Act as
adopted by this State.
| ||||||
9 | (b) A child custody proceeding is commenced in the court:
| ||||||
10 | (1) by a parent, by filing a petition:
| ||||||
11 | (i) for dissolution of marriage or legal | ||||||
12 | separation or declaration
of invalidity of marriage; | ||||||
13 | or
| ||||||
14 | (ii) for custody of the child, in the county in | ||||||
15 | which he is
permanently resident or found;
| ||||||
16 | (2) by a person other than a parent, by filing a | ||||||
17 | petition for
custody of the child in the county in which he | ||||||
18 | is permanently resident
or found, but only if he is not in | ||||||
19 | the physical custody of one of his
parents; or
| ||||||
20 | (3) by a stepparent, by filing a petition, if all of | ||||||
21 | the following
circumstances are met:
| ||||||
22 | (A) the child is at least 12 years old;
| ||||||
23 | (B) the custodial parent and stepparent were | ||||||
24 | married for at least 5
years during which the child | ||||||
25 | resided with the parent and stepparent;
|
| |||||||
| |||||||
1 | (C) the custodial parent is deceased or is disabled | ||||||
2 | and cannot perform
the duties of a parent to the child;
| ||||||
3 | (D) the stepparent provided for the care, control, | ||||||
4 | and welfare to the
child prior to the initiation of | ||||||
5 | custody proceedings;
| ||||||
6 | (E) the child wishes to live with the stepparent; | ||||||
7 | and
| ||||||
8 | (F) it is alleged to be in the best interests and | ||||||
9 | welfare of the
child to live with the stepparent as | ||||||
10 | provided in Section 602 of this Act. | ||||||
11 | (4) When one of the parents is deceased, by a | ||||||
12 | grandparent who is a parent or stepparent of a deceased | ||||||
13 | parent, by filing a petition, if one or more of the | ||||||
14 | following existed at the time of the parent's death: | ||||||
15 | (A) the surviving parent had been absent from the | ||||||
16 | marital abode for more than one month without the | ||||||
17 | deceased spouse knowing his or her whereabouts; | ||||||
18 | (B) the surviving parent was in State or federal | ||||||
19 | custody; or | ||||||
20 | (C) the surviving parent had: (i) received | ||||||
21 | supervision for or been convicted of any violation of | ||||||
22 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
23 | 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||||||
24 | 19-6, or Article 12 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 directed towards the deceased | ||||||
26 | parent or the child; or (ii) received supervision or |
| |||||||
| |||||||
1 | been convicted of violating an order of protection | ||||||
2 | entered under Section 217, 218, or 219 of the Illinois | ||||||
3 | Domestic Violence Act of 1986 for the protection of the | ||||||
4 | deceased parent or the child.
| ||||||
5 | (c) Notice of a child custody proceeding, including an | ||||||
6 | action
for modification of a previous custody order, shall be | ||||||
7 | given to the
child's parents, guardian and custodian, who may | ||||||
8 | appear, be heard, and
file a responsive pleading. The court, | ||||||
9 | upon showing of good cause, may
permit intervention of other | ||||||
10 | interested parties.
| ||||||
11 | (d) Proceedings for modification of a previous custody | ||||||
12 | order
commenced more than 30 days following the entry of a | ||||||
13 | previous custody order
must be initiated by serving a written | ||||||
14 | notice and a copy of the petition
for modification upon the | ||||||
15 | child's parent, guardian and custodian at least
30 days prior | ||||||
16 | to hearing on the petition. Nothing in this Section shall
| ||||||
17 | preclude a party in custody modification proceedings from | ||||||
18 | moving for a
temporary order under Section 603 of this Act.
| ||||||
19 | (e) (Blank). | ||||||
20 | (f) The court shall, at the court's discretion or upon the | ||||||
21 | request of any party entitled to petition for custody of the | ||||||
22 | child, appoint a guardian ad litem to represent the best | ||||||
23 | interest of the child for the duration of the custody | ||||||
24 | proceeding or for any modifications of any custody orders | ||||||
25 | entered. Nothing in this Section shall be construed to prevent | ||||||
26 | the court from appointing the same guardian ad litem for 2 or |
| |||||||
| |||||||
1 | more children that are siblings or half-siblings.
| ||||||
2 | (Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)
| ||||||
3 | (750 ILCS 5/607) (from Ch. 40, par. 607)
| ||||||
4 | Sec. 607. Visitation.
| ||||||
5 | (a) A parent not granted custody of the child
is entitled | ||||||
6 | to reasonable visitation rights unless the court finds,
after a | ||||||
7 | hearing, that visitation would endanger seriously the child's
| ||||||
8 | physical, mental, moral or emotional health. If the custodian's | ||||||
9 | street
address is not identified, pursuant to Section 708, the | ||||||
10 | court shall require
the parties to identify reasonable | ||||||
11 | alternative arrangements for visitation
by a non-custodial | ||||||
12 | parent, including but not limited to visitation of the
minor | ||||||
13 | child at the residence of another person or at a local public | ||||||
14 | or
private facility.
| ||||||
15 | (1) "Visitation" means in-person time spent between a | ||||||
16 | child and the child's parent. In appropriate | ||||||
17 | circumstances, it may include electronic communication | ||||||
18 | under conditions and at times determined by the court. | ||||||
19 | (2) "Electronic communication" means time that a | ||||||
20 | parent spends with his or her child during which the child | ||||||
21 | is not in the parent's actual physical custody, but which | ||||||
22 | is facilitated by the use of communication tools such as | ||||||
23 | the telephone, electronic mail, instant messaging, video | ||||||
24 | conferencing or other wired or wireless technologies via | ||||||
25 | the Internet, or another medium of communication.
|
| |||||||
| |||||||
1 | (a-3) Grandparents, great-grandparents, and siblings of a | ||||||
2 | minor child, who is one year old or older, have standing to | ||||||
3 | bring an action in circuit court by petition, requesting | ||||||
4 | visitation in accordance with this Section. The term "sibling" | ||||||
5 | in this Section means a brother, sister, stepbrother, or | ||||||
6 | stepsister of the minor child. Grandparents, | ||||||
7 | great-grandparents, and siblings also have standing to file a | ||||||
8 | petition for visitation and any electronic communication
| ||||||
9 | rights in a pending dissolution proceeding or any other | ||||||
10 | proceeding that involves custody or visitation issues, | ||||||
11 | requesting visitation in accordance with this Section. A | ||||||
12 | petition for visitation with a child by a person other than a | ||||||
13 | parent must be filed in the county in which the child resides. | ||||||
14 | Nothing in this subsection (a-3) and subsection (a-5) of this | ||||||
15 | Section shall apply to a child in whose interests a petition is | ||||||
16 | pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||||||
17 | a petition to adopt an unrelated child is pending under the | ||||||
18 | Adoption Act. | ||||||
19 | (a-5)(1) Except as otherwise provided in this subsection | ||||||
20 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
21 | a
petition for
visitation rights to a minor child if there is | ||||||
22 | an unreasonable denial of visitation by a parent and at least | ||||||
23 | one
of the
following conditions exists: | ||||||
24 | (A) (Blank); | ||||||
25 | (A-5) the child's other parent is deceased or has been | ||||||
26 | missing for at least 3 months. For the purposes of this |
| |||||||
| |||||||
1 | Section a parent is considered to be missing if the | ||||||
2 | parent's location has not been determined and the parent | ||||||
3 | has been reported as missing to a law enforcement agency;
| ||||||
4 | (A-10) a parent of the child is incompetent as a matter | ||||||
5 | of law;
| ||||||
6 | (A-15) a parent has been incarcerated in jail or prison | ||||||
7 | during the 3 month period preceding the filing of the | ||||||
8 | petition;
| ||||||
9 | (B) the child's mother and father are divorced or have | ||||||
10 | been legally separated from
each other or there is pending | ||||||
11 | a dissolution proceeding involving a parent of the child or | ||||||
12 | another court proceeding involving custody or visitation | ||||||
13 | of the child (other than any adoption proceeding of an | ||||||
14 | unrelated child) and at least one parent does not object to | ||||||
15 | the grandparent, great-grandparent, or sibling having | ||||||
16 | visitation with the child. The visitation of the | ||||||
17 | grandparent, great-grandparent, or sibling must not | ||||||
18 | diminish the visitation of the parent who is not related to | ||||||
19 | the grandparent, great-grandparent, or sibling seeking | ||||||
20 | visitation; | ||||||
21 | (C) (Blank); | ||||||
22 | (D) the child is born out of wedlock, the parents are | ||||||
23 | not living together, and the petitioner is a maternal | ||||||
24 | grandparent, great-grandparent, or sibling of the child | ||||||
25 | born out of wedlock; or | ||||||
26 | (E) the child is born out of wedlock, the parents are |
| |||||||
| |||||||
1 | not living together, the petitioner is a paternal | ||||||
2 | grandparent, great-grandparent, or sibling, and the | ||||||
3 | paternity has been established by a court of competent | ||||||
4 | jurisdiction. | ||||||
5 | (2) Any visitation rights granted pursuant to this Section | ||||||
6 | before the filing of a petition for adoption of a child shall | ||||||
7 | automatically terminate by operation of law upon the entry of | ||||||
8 | an order terminating parental rights or granting the adoption | ||||||
9 | of the child, whichever is earlier. If the person or persons | ||||||
10 | who adopted the child are related to the child, as defined by | ||||||
11 | Section 1 of the Adoption Act, any person who was related to | ||||||
12 | the child as grandparent, great-grandparent, or sibling prior | ||||||
13 | to the adoption shall have standing to bring an action pursuant | ||||||
14 | to this Section requesting visitation with the child.
| ||||||
15 | (3) In making a determination under this subsection (a-5), | ||||||
16 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
17 | and decisions regarding grandparent,
great-grandparent, or | ||||||
18 | sibling visitation are not harmful to the child's mental, | ||||||
19 | physical, or emotional health. The
burden is on the
party | ||||||
20 | filing a petition under this Section to prove that the
parent's | ||||||
21 | actions and
decisions regarding visitation times are harmful to | ||||||
22 | the child's mental, physical, or emotional health. | ||||||
23 | (4) In determining whether to grant visitation, the court | ||||||
24 | shall consider the following:
| ||||||
25 | (A) the preference of the child if the child is | ||||||
26 | determined to be of sufficient maturity to express a |
| |||||||
| |||||||
1 | preference; | ||||||
2 | (B) the mental and physical health of the child; | ||||||
3 | (C) the mental and physical health of the grandparent, | ||||||
4 | great-grandparent, or sibling; | ||||||
5 | (D) the length and quality of the prior relationship | ||||||
6 | between the child and the grandparent, great-grandparent, | ||||||
7 | or sibling;
| ||||||
8 | (E) the good faith of the party in filing the petition;
| ||||||
9 | (F) the good faith of the person denying visitation; | ||||||
10 | (G) the quantity of the visitation time requested and | ||||||
11 | the potential adverse impact that visitation would have on | ||||||
12 | the child's customary activities; | ||||||
13 | (H) whether the child resided with the petitioner for | ||||||
14 | at least
6 consecutive months with or without the current | ||||||
15 | custodian present; | ||||||
16 | (I) whether the petitioner had frequent or regular | ||||||
17 | contact or visitation with the child for at least 12 | ||||||
18 | consecutive months;
| ||||||
19 | (J) any other fact that establishes that the loss of | ||||||
20 | the relationship between the petitioner and the child is | ||||||
21 | likely to harm the child's mental, physical, or emotional | ||||||
22 | health; and | ||||||
23 | (K) whether the grandparent, great-grandparent, or | ||||||
24 | sibling was a primary caretaker of the child for a period | ||||||
25 | of not less than 6 consecutive months.
| ||||||
26 | (5) The court may order visitation rights for the |
| |||||||
| |||||||
1 | grandparent, great-grandparent, or sibling that include | ||||||
2 | reasonable access without requiring overnight or possessory | ||||||
3 | visitation.
| ||||||
4 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
5 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
6 | order may be made earlier than 2 years after the date the order | ||||||
7 | was filed, unless the court permits it to be made on the basis | ||||||
8 | of affidavits that there is reason to believe the child's | ||||||
9 | present environment may endanger seriously the child's mental, | ||||||
10 | physical, or emotional health. | ||||||
11 | (2) The court shall not modify an order that grants | ||||||
12 | visitation to a grandparent, great-grandparent, or sibling | ||||||
13 | unless it finds by clear and convincing evidence, upon the | ||||||
14 | basis of facts that have arisen since the prior visitation | ||||||
15 | order or that were unknown to the court at the time of entry of | ||||||
16 | the prior visitation, that a change has occurred in the | ||||||
17 | circumstances of the child or his or her custodian, and that | ||||||
18 | the modification is necessary to protect the mental, physical, | ||||||
19 | or emotional health of the child. The court shall state in its | ||||||
20 | decision specific findings of fact in support of its | ||||||
21 | modification or termination of the grandparent, | ||||||
22 | great-grandparent, or sibling visitation. A child's parent may | ||||||
23 | always petition to modify visitation upon changed | ||||||
24 | circumstances when necessary to promote the child's best | ||||||
25 | interest. | ||||||
26 | (3) Attorney fees and costs shall be assessed against a |
| |||||||
| |||||||
1 | party seeking modification of the visitation order if the court | ||||||
2 | finds that the modification action is vexatious and constitutes | ||||||
3 | harassment. | ||||||
4 | (4) Notice under this subsection (a-7) shall be given as | ||||||
5 | provided in subsections (c) and (d) of Section 601.
| ||||||
6 | (b) (1) (Blank.)
| ||||||
7 | (1.5) The Court may grant reasonable visitation privileges | ||||||
8 | to a stepparent
upon petition to the court by the stepparent, | ||||||
9 | with notice to the parties
required to be notified under | ||||||
10 | Section 601 of this Act, if the court determines
that it is in | ||||||
11 | the best interests and welfare of the child, and may issue any
| ||||||
12 | necessary orders to enforce those visitation privileges.
A | ||||||
13 | petition for visitation privileges may be filed under this | ||||||
14 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
15 | has been previously filed or is
currently pending if the | ||||||
16 | following
circumstances are met:
| ||||||
17 | (A) the child is at least 12 years old;
| ||||||
18 | (B) the child resided continuously with the parent and | ||||||
19 | stepparent for at
least 5 years;
| ||||||
20 | (C) the parent is deceased or is disabled and is unable | ||||||
21 | to care for the
child;
| ||||||
22 | (D) the child wishes to have reasonable visitation with | ||||||
23 | the stepparent;
and
| ||||||
24 | (E) the stepparent was providing for the care, control, | ||||||
25 | and welfare to the
child prior to the initiation of the | ||||||
26 | petition for visitation.
|
| |||||||
| |||||||
1 | (2)(A) A petition for visitation privileges shall not be | ||||||
2 | filed pursuant
to this subsection (b) by the parents or | ||||||
3 | grandparents of a putative father
if the paternity of the | ||||||
4 | putative father has not been legally established.
| ||||||
5 | (B) A petition for visitation privileges may not be filed | ||||||
6 | under
this subsection (b) if the child who is the subject of | ||||||
7 | the
grandparents' or great-grandparents' petition has been | ||||||
8 | voluntarily
surrendered by the parent or parents, except for a | ||||||
9 | surrender to the
Illinois Department of Children and Family | ||||||
10 | Services or a foster care
facility, or has been previously | ||||||
11 | adopted by an individual or individuals
who are not related to | ||||||
12 | the biological parents of the child or is the
subject of a | ||||||
13 | pending adoption petition by an individual or individuals who
| ||||||
14 | are not related to the biological parents of the child.
| ||||||
15 | (3) (Blank).
| ||||||
16 | (c) The court may modify an order granting or denying | ||||||
17 | visitation
rights of a parent whenever modification would serve | ||||||
18 | the best interest of
the child;
but the court shall not | ||||||
19 | restrict a parent's visitation rights unless it
finds that the | ||||||
20 | visitation would endanger seriously the child's physical,
| ||||||
21 | mental, moral or emotional health.
| ||||||
22 | (d) If any court has entered an order prohibiting a | ||||||
23 | non-custodial parent
of a child from any contact with a child
| ||||||
24 | or restricting the non-custodial parent's contact with the | ||||||
25 | child, the
following provisions shall apply:
| ||||||
26 | (1) If an order has been entered granting visitation |
| |||||||
| |||||||
1 | privileges with the
child to a grandparent or | ||||||
2 | great-grandparent who is related to the child through
the | ||||||
3 | non-custodial parent, the visitation privileges of the | ||||||
4 | grandparent or
great-grandparent may be revoked if:
| ||||||
5 | (i) a court has entered an order prohibiting the | ||||||
6 | non-custodial parent
from any contact with the child, | ||||||
7 | and the grandparent or great-grandparent is
found to | ||||||
8 | have used his or her visitation privileges to | ||||||
9 | facilitate contact
between the child and the | ||||||
10 | non-custodial parent; or
| ||||||
11 | (ii) a court has entered an order restricting the | ||||||
12 | non-custodial parent's
contact with the child, and the | ||||||
13 | grandparent or great-grandparent is found to
have used | ||||||
14 | his or her visitation privileges to facilitate contact
| ||||||
15 | between the child and the non-custodial parent in a | ||||||
16 | manner that violates the
terms of the order restricting | ||||||
17 | the non-custodial parent's contact with the
child.
| ||||||
18 | Nothing in this subdivision (1) limits the authority of | ||||||
19 | the court to
enforce its orders in any manner permitted by | ||||||
20 | law.
| ||||||
21 | (2) Any order granting visitation privileges with the | ||||||
22 | child to a
grandparent or great-grandparent who is related | ||||||
23 | to the child through the
non-custodial parent shall contain | ||||||
24 | the following provision:
| ||||||
25 | "If the (grandparent or great-grandparent, whichever | ||||||
26 | is applicable) who has
been granted visitation privileges |
| |||||||
| |||||||
1 | under this order uses the visitation
privileges to | ||||||
2 | facilitate contact between the child and the child's
| ||||||
3 | non-custodial parent, the visitation privileges granted | ||||||
4 | under this order shall
be permanently revoked."
| ||||||
5 | (e) No parent, not granted custody of the child, or | ||||||
6 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
7 | of any minor child, convicted
of any offense
involving an | ||||||
8 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
9 | age including but not limited to offenses for violations of | ||||||
10 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||||||
11 | or Article 12 of the
Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 , is entitled to visitation rights while incarcerated
or | ||||||
13 | while on parole, probation, conditional discharge, periodic
| ||||||
14 | imprisonment, or
mandatory supervised release for that | ||||||
15 | offense, and upon discharge from
incarceration for a | ||||||
16 | misdemeanor offense or upon discharge from parole,
probation, | ||||||
17 | conditional discharge, periodic imprisonment,
or mandatory | ||||||
18 | supervised release for a felony offense, visitation shall be
| ||||||
19 | denied until the person successfully completes a treatment | ||||||
20 | program approved
by the court.
| ||||||
21 | (f) Unless the court determines, after considering all | ||||||
22 | relevant factors,
including but not limited to those set forth | ||||||
23 | in Section 602(a), that it would
be in the best interests of | ||||||
24 | the child to allow visitation, the court shall not
enter an | ||||||
25 | order providing visitation rights and pursuant to a motion to | ||||||
26 | modify
visitation shall revoke visitation rights previously |
| |||||||
| |||||||
1 | granted to any
person who would otherwise be entitled to | ||||||
2 | petition for visitation rights under
this Section who has been | ||||||
3 | convicted of first degree murder of the parent,
grandparent, | ||||||
4 | great-grandparent, or sibling of the child who is the subject | ||||||
5 | of
the order. Until an order is entered pursuant to this | ||||||
6 | subsection, no person
shall visit, with
the child present, a | ||||||
7 | person who has been convicted of first degree murder of
the | ||||||
8 | parent, grandparent, great-grandparent, or sibling of the | ||||||
9 | child
without the consent of the child's parent, other than a | ||||||
10 | parent convicted of
first degree murder as set forth herein, or | ||||||
11 | legal
guardian.
| ||||||
12 | (g) (Blank).
| ||||||
13 | (h) Upon motion, the court may allow a parent who is | ||||||
14 | deployed or who has orders to be deployed as a member of the | ||||||
15 | United States Armed Forces to designate a person known to the | ||||||
16 | child to exercise reasonable substitute visitation on behalf of | ||||||
17 | the deployed parent, if the court determines that substitute | ||||||
18 | visitation is in the best interest of the child. In determining | ||||||
19 | whether substitute visitation is in the best interest of the | ||||||
20 | child, the court shall consider all of the relevant factors | ||||||
21 | listed in subsection (a) of Section 602 and apply those factors | ||||||
22 | to the person designated as a substitute for the deployed | ||||||
23 | parent for visitation purposes. | ||||||
24 | (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12 .)
| ||||||
25 | (750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
|
| |||||||
| |||||||
1 | Sec. 607.1. Enforcement of visitation orders; visitation | ||||||
2 | abuse.
| ||||||
3 | (a) The circuit court shall provide an expedited procedure | ||||||
4 | for
enforcement of court ordered visitation in cases of | ||||||
5 | visitation abuse.
Visitation abuse occurs when a party has | ||||||
6 | willfully and without
justification: (1) denied another party | ||||||
7 | visitation as set forth by the
court; or (2) exercised his or | ||||||
8 | her visitation rights in a manner
that is harmful to the child | ||||||
9 | or child's custodian.
| ||||||
10 | (b) An Action may be commenced by filing a petition setting | ||||||
11 | forth: (i)
the petitioner's name, residence address or mailing | ||||||
12 | address, and telephone
number; (ii) respondent's name and place | ||||||
13 | of residence, place of employment,
or mailing address; (iii) | ||||||
14 | the nature of the visitation abuse, giving dates
and other | ||||||
15 | relevant information; (iv) that a reasonable attempt was made | ||||||
16 | to
resolve the dispute; and (v) the relief sought.
| ||||||
17 | Notice of the filing of the petitions shall be given as | ||||||
18 | provided
in Section 511.
| ||||||
19 | (c) After hearing all of the evidence, the court may order | ||||||
20 | one or more of
the following:
| ||||||
21 | (1) Modification of the visitation order to | ||||||
22 | specifically outline periods
of visitation or restrict | ||||||
23 | visitation as provided by law.
| ||||||
24 | (2) Supervised visitation with a third party or public | ||||||
25 | agency.
| ||||||
26 | (3) Make up visitation of the same time period, such as |
| |||||||
| |||||||
1 | weekend for
weekend, holiday for holiday.
| ||||||
2 | (4) Counseling or mediation, except in cases where | ||||||
3 | there is
evidence of domestic violence, as defined in | ||||||
4 | Section 1 of the Domestic
Violence Shelters Act, occurring | ||||||
5 | between the parties.
| ||||||
6 | (5) Other appropriate relief deemed equitable.
| ||||||
7 | (c-1) When the court issues an order holding a party in | ||||||
8 | contempt for violation of a visitation order and finds that the | ||||||
9 | party engaged in visitation abuse, the court may order one or | ||||||
10 | more of the following: | ||||||
11 | (1) Suspension of a party's Illinois driving | ||||||
12 | privileges pursuant to Section 7-703 of the Illinois | ||||||
13 | Vehicle Code until the court determines that the party is | ||||||
14 | in compliance with the visitation order. The court may also | ||||||
15 | order that a party be issued a family financial | ||||||
16 | responsibility driving permit that would allow limited | ||||||
17 | driving privileges for employment, for medical purposes, | ||||||
18 | and to transport a child to or from scheduled visitation in | ||||||
19 | order to comply with a visitation order in accordance with | ||||||
20 | subsection (a-1) of Section 7-702.1 of the Illinois Vehicle | ||||||
21 | Code. | ||||||
22 | (2) Placement of a party on probation with such | ||||||
23 | conditions of probation as the court deems advisable. | ||||||
24 | (3) Sentencing of a party to periodic imprisonment for | ||||||
25 | a period not to exceed 6 months; provided, that the court | ||||||
26 | may permit the party to be released for periods of time |
| |||||||
| |||||||
1 | during the day or night to: | ||||||
2 | (A) work; or | ||||||
3 | (B) conduct a business or other self-employed | ||||||
4 | occupation. | ||||||
5 | (4) Find that a party in engaging in visitation abuse | ||||||
6 | is guilty of a petty offense and should be fined an amount | ||||||
7 | of no more than $500 for each finding of visitation abuse. | ||||||
8 | (d) Nothing contained in this Section shall be construed to | ||||||
9 | limit the
court's contempt power, except as provided in | ||||||
10 | subsection (g) of this
Section.
| ||||||
11 | (e) When the court issues an order holding a party in | ||||||
12 | contempt of court
for violation of a visitation order, the | ||||||
13 | clerk shall transmit a copy of
the contempt order to the | ||||||
14 | sheriff of the county. The sheriff shall furnish
a copy of each | ||||||
15 | contempt order to the Department of State Police on a daily
| ||||||
16 | basis in the form and manner required by the Department. The | ||||||
17 | Department
shall maintain a complete record and index of the | ||||||
18 | contempt orders and make
this data available to all local law | ||||||
19 | enforcement agencies.
| ||||||
20 | (f) Attorney fees and costs shall be assessed against a | ||||||
21 | party if the
court finds that the enforcement action is | ||||||
22 | vexatious and constitutes
harassment.
| ||||||
23 | (g) A person convicted of unlawful visitation or parenting | ||||||
24 | time interference under Section
10-5.5 of the Criminal Code of | ||||||
25 | 1961 or the Criminal Code of 2012 shall not be subject to the | ||||||
26 | provisions of
this Section and the court may not enter a |
| |||||||
| |||||||
1 | contempt order for visitation abuse
against any person for the | ||||||
2 | same conduct for which the person was convicted of
unlawful | ||||||
3 | visitation interference or subject
that
person to the sanctions | ||||||
4 | provided for in this Section.
| ||||||
5 | (Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; | ||||||
6 | 97-1047, eff. 8-21-12.)
| ||||||
7 | Section 765. The Illinois Parentage Act of 1984 is amended | ||||||
8 | by changing Section 6.5 as follows: | ||||||
9 | (750 ILCS 45/6.5) | ||||||
10 | Sec. 6.5. Custody or visitation by sex offender prohibited.
| ||||||
11 | (a) This Section applies to a person who has been found to | ||||||
12 | be the father of a child under this Act and who has been | ||||||
13 | convicted of or who has pled guilty or nolo contendere to a | ||||||
14 | violation of Section 11-1.20 (criminal sexual assault), | ||||||
15 | Section 11-1.30 (aggravated criminal sexual assault), Section | ||||||
16 | 11-1.40 (predatory criminal sexual assault of a child), Section | ||||||
17 | 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | ||||||
18 | criminal sexual abuse), Section 11-11 (sexual relations within | ||||||
19 | families), Section 12-13 (criminal sexual assault), Section | ||||||
20 | 12-14 (aggravated criminal sexual assault), Section 12-14.1 | ||||||
21 | (predatory criminal sexual assault of a child), Section 12-15 | ||||||
22 | (criminal sexual abuse), or Section 12-16 (aggravated criminal | ||||||
23 | sexual abuse) of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012 , or a similar statute in another jurisdiction, for his |
| |||||||
| |||||||
1 | conduct in fathering that child. | ||||||
2 | (b) A person described in subsection (a) shall not be | ||||||
3 | entitled to custody of or visitation with that child without | ||||||
4 | the consent of the child's mother or guardian. If the person | ||||||
5 | described in subsection (a) is also the guardian of the child, | ||||||
6 | he does not have the authority to consent to visitation or | ||||||
7 | custody under this Section. If the mother of the child is a | ||||||
8 | minor, and the person described in subsection (a) is also the | ||||||
9 | father or guardian of the mother, then he does not have the | ||||||
10 | authority to consent to custody or visits. | ||||||
11 | (c) Notwithstanding any other provision of this Act, | ||||||
12 | nothing in this Section shall be construed to relieve the | ||||||
13 | father described in subsection (a) of any support and | ||||||
14 | maintenance obligations to the child under this Act.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11.) | ||||||
16 | Section 770. The Adoption Act is amended by changing | ||||||
17 | Sections 1, 8, 12.1, and 14 as follows:
| ||||||
18 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
19 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
20 | context
otherwise requires:
| ||||||
21 | A. "Child" means a person under legal age subject to | ||||||
22 | adoption under
this Act.
| ||||||
23 | B. "Related child" means a child subject to adoption where | ||||||
24 | either or both of
the adopting parents stands in any of the |
| |||||||
| |||||||
1 | following relationships to the child
by blood or marriage: | ||||||
2 | parent, grand-parent, brother, sister, step-parent,
| ||||||
3 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
4 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
5 | whose parent has executed
a final irrevocable consent to | ||||||
6 | adoption or a final irrevocable surrender
for purposes of | ||||||
7 | adoption, or whose parent has had his or her parental rights
| ||||||
8 | terminated, is not a related child to that person, unless the | ||||||
9 | consent is
determined to be void or is void pursuant to | ||||||
10 | subsection O of Section 10.
| ||||||
11 | C. "Agency" for the purpose of this Act means a public | ||||||
12 | child welfare agency
or a licensed child welfare agency.
| ||||||
13 | D. "Unfit person" means any person whom the court shall | ||||||
14 | find to be unfit
to have a child, without regard to the | ||||||
15 | likelihood that the child will be
placed for adoption. The | ||||||
16 | grounds of unfitness are any one or more
of the following, | ||||||
17 | except that a person shall not be considered an unfit
person | ||||||
18 | for the sole reason that the person has relinquished a child in
| ||||||
19 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
20 | (a) Abandonment of the child.
| ||||||
21 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
22 | (a-2) Abandonment of a newborn infant in any setting | ||||||
23 | where the evidence
suggests that the parent intended to | ||||||
24 | relinquish his or her parental rights.
| ||||||
25 | (b) Failure to maintain a reasonable degree of | ||||||
26 | interest, concern or
responsibility as to the child's |
| |||||||
| |||||||
1 | welfare.
| ||||||
2 | (c) Desertion of the child for more than 3 months next | ||||||
3 | preceding the
commencement of the Adoption proceeding.
| ||||||
4 | (d) Substantial neglect
of the
child if continuous or | ||||||
5 | repeated.
| ||||||
6 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
7 | of any child
residing in the household which resulted in | ||||||
8 | the death of that child.
| ||||||
9 | (e) Extreme or repeated cruelty to the child.
| ||||||
10 | (f) There is a rebuttable presumption, which can be | ||||||
11 | overcome only by clear and convincing evidence, that a | ||||||
12 | parent is unfit if:
| ||||||
13 | (1) Two or more findings of physical abuse have | ||||||
14 | been entered regarding any children under Section 2-21 | ||||||
15 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
16 | which was determined by the juvenile court
hearing the | ||||||
17 | matter to be supported by clear and convincing | ||||||
18 | evidence; or | ||||||
19 | (2) The parent has been convicted or found not | ||||||
20 | guilty by reason of insanity and the conviction or | ||||||
21 | finding resulted from the death of any child by | ||||||
22 | physical abuse; or
| ||||||
23 | (3) There is a finding of physical child abuse | ||||||
24 | resulting from the death of any
child under Section | ||||||
25 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
26 | No conviction or finding of delinquency pursuant |
| |||||||
| |||||||
1 | to Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (f).
| ||||||
4 | (g) Failure to protect the child from conditions within | ||||||
5 | his environment
injurious to the child's welfare.
| ||||||
6 | (h) Other neglect of, or misconduct toward the child; | ||||||
7 | provided that in
making a finding of unfitness the court | ||||||
8 | hearing the adoption proceeding
shall not be bound by any | ||||||
9 | previous finding, order or judgment affecting
or | ||||||
10 | determining the rights of the parents toward the child | ||||||
11 | sought to be adopted
in any other proceeding except such | ||||||
12 | proceedings terminating parental rights
as shall be had | ||||||
13 | under either this Act, the Juvenile Court Act or
the | ||||||
14 | Juvenile Court Act of 1987.
| ||||||
15 | (i) Depravity. Conviction of any one of the following
| ||||||
16 | crimes shall create a presumption that a parent is depraved | ||||||
17 | which can be
overcome only by clear and convincing | ||||||
18 | evidence:
(1) first degree murder in violation of paragraph | ||||||
19 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
21 | second degree murder in violation of subsection (a) of | ||||||
22 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
24 | first degree murder or second degree murder of any child in
| ||||||
25 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012 ; (3)
attempt or conspiracy to commit first degree |
| |||||||
| |||||||
1 | murder or second degree murder
of any child in violation of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012 ; (4)
| ||||||
3 | solicitation to commit murder of any child, solicitation to
| ||||||
4 | commit murder of any child for hire, or solicitation to | ||||||
5 | commit second
degree murder of any child in violation of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012 ; (5)
| ||||||
7 | predatory criminal sexual assault of a child in violation | ||||||
8 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012 ; (6) heinous battery of any | ||||||
10 | child in violation of the Criminal Code of 1961; or (7) | ||||||
11 | aggravated battery of any child in violation of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
13 | There is a rebuttable presumption that a parent is | ||||||
14 | depraved if the parent
has been criminally convicted of at | ||||||
15 | least 3 felonies under the laws of this
State or any other | ||||||
16 | state, or under federal law, or the criminal laws of any
| ||||||
17 | United States territory; and at least
one of these
| ||||||
18 | convictions took place within 5 years of the filing of the | ||||||
19 | petition or motion
seeking termination of parental rights.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if that
parent
has
been criminally convicted of | ||||||
22 | either first or second degree murder of any person
as | ||||||
23 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012 within 10 years of the filing date of
the petition | ||||||
25 | or motion to terminate parental rights. | ||||||
26 | No conviction or finding of delinquency pursuant to |
| |||||||
| |||||||
1 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (i).
| ||||||
4 | (j) Open and notorious adultery or fornication.
| ||||||
5 | (j-1) (Blank).
| ||||||
6 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
7 | than those
prescribed by a physician, for at least one year | ||||||
8 | immediately
prior to the commencement of the unfitness | ||||||
9 | proceeding.
| ||||||
10 | There is a rebuttable presumption that a parent is | ||||||
11 | unfit under this
subsection
with respect to any child to | ||||||
12 | which that parent gives birth where there is a
confirmed
| ||||||
13 | test result that at birth the child's blood, urine, or | ||||||
14 | meconium contained any
amount of a controlled substance as | ||||||
15 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
16 | Controlled Substances Act or metabolites of such | ||||||
17 | substances, the
presence of which in the newborn infant was | ||||||
18 | not the result of medical treatment
administered to the | ||||||
19 | mother or the newborn infant; and the biological mother of
| ||||||
20 | this child is the biological mother of at least one other | ||||||
21 | child who was
adjudicated a neglected minor under | ||||||
22 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
23 | 1987.
| ||||||
24 | (l) Failure to demonstrate a reasonable degree of | ||||||
25 | interest, concern or
responsibility as to the welfare of a | ||||||
26 | new born child during the first 30
days after its birth.
|
| |||||||
| |||||||
1 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
2 | to correct the
conditions that were the basis for the | ||||||
3 | removal of the child from the
parent, or (ii) to make | ||||||
4 | reasonable progress toward the return of the child
to
the | ||||||
5 | parent within 9 months after an adjudication of neglected | ||||||
6 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
7 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
8 | or (iii) to make reasonable progress
toward the return of | ||||||
9 | the
child to the parent during any 9-month period after the | ||||||
10 | end of the initial
9-month period following the | ||||||
11 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
12 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
13 | Section 2-4 of that Act.
If a service plan has been | ||||||
14 | established as
required under
Section 8.2 of the Abused and | ||||||
15 | Neglected Child Reporting Act to correct the
conditions | ||||||
16 | that were the basis for the removal of the child from the | ||||||
17 | parent
and if those services were available,
then, for | ||||||
18 | purposes of this Act, "failure to make reasonable progress | ||||||
19 | toward the
return of the child to the parent" includes (I) | ||||||
20 | the parent's failure to
substantially fulfill his or her | ||||||
21 | obligations under the
service plan and correct the | ||||||
22 | conditions that brought the child into care
within 9 months | ||||||
23 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
24 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
25 | substantially fulfill his or her obligations
under
the | ||||||
26 | service plan and correct the conditions that brought the |
| |||||||
| |||||||
1 | child into care
during any 9-month period after the end of | ||||||
2 | the initial 9-month period
following the adjudication | ||||||
3 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
4 | Notwithstanding any other provision, when a petition or | ||||||
5 | motion seeks to terminate parental rights on the basis of | ||||||
6 | item (iii) of this subsection (m), the petitioner shall | ||||||
7 | file with the court and serve on the parties a pleading | ||||||
8 | that specifies the 9-month period or periods relied on. The | ||||||
9 | pleading shall be filed and served on the parties no later | ||||||
10 | than 3 weeks before the date set by the court for closure | ||||||
11 | of discovery, and the allegations in the pleading shall be | ||||||
12 | treated as incorporated into the petition or motion. | ||||||
13 | Failure of a respondent to file a written denial of the | ||||||
14 | allegations in the pleading shall not be treated as an | ||||||
15 | admission that the allegations are true.
| ||||||
16 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
17 | child
has been in foster care for 15 months out of any 22 | ||||||
18 | month period which begins
on or after the effective date of | ||||||
19 | this amendatory Act of 1998 unless the
child's parent can | ||||||
20 | prove
by a preponderance of the evidence that it is more | ||||||
21 | likely than not that it will
be in the best interests of | ||||||
22 | the child to be returned to the parent within 6
months of | ||||||
23 | the date on which a petition for termination of parental | ||||||
24 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
25 | 15 month time limit is tolled
during
any period for which | ||||||
26 | there is a court finding that the appointed custodian or
|
| |||||||
| |||||||
1 | guardian failed to make reasonable efforts to reunify the | ||||||
2 | child with his or her
family, provided that (i) the finding | ||||||
3 | of no reasonable efforts is made within
60 days of the | ||||||
4 | period when reasonable efforts were not made or (ii) the | ||||||
5 | parent
filed a motion requesting a finding of no reasonable | ||||||
6 | efforts within 60 days of
the period when reasonable | ||||||
7 | efforts were not made. For purposes of this
subdivision | ||||||
8 | (m-1), the date of entering foster care is the earlier of: | ||||||
9 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
10 | hearing that the child is an abused,
neglected, or | ||||||
11 | dependent minor; or (ii) 60 days after the date on which | ||||||
12 | the
child is removed from his or her parent, guardian, or | ||||||
13 | legal custodian.
| ||||||
14 | (n) Evidence of intent to forgo his or her parental | ||||||
15 | rights,
whether or
not the child is a ward of the court, | ||||||
16 | (1) as manifested
by his or her failure for a period of 12 | ||||||
17 | months: (i) to visit the child,
(ii) to communicate with | ||||||
18 | the child or agency, although able to do so and
not | ||||||
19 | prevented from doing so by an agency or by court order, or | ||||||
20 | (iii) to
maintain contact with or plan for the future of | ||||||
21 | the child, although physically
able to do so, or (2) as | ||||||
22 | manifested by the father's failure, where he
and the mother | ||||||
23 | of the child were unmarried to each other at the time of | ||||||
24 | the
child's birth, (i) to commence legal proceedings to | ||||||
25 | establish his paternity
under the Illinois Parentage Act of | ||||||
26 | 1984 or the law of the jurisdiction of
the child's birth |
| |||||||
| |||||||
1 | within 30 days of being informed, pursuant to Section 12a
| ||||||
2 | of this Act, that he is the father or the likely father of | ||||||
3 | the child or,
after being so informed where the child is | ||||||
4 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
5 | to make a good faith effort to pay a reasonable
amount of | ||||||
6 | the expenses related to the birth of the child and to | ||||||
7 | provide a
reasonable amount for the financial support of | ||||||
8 | the child, the court to
consider in its determination all | ||||||
9 | relevant circumstances, including the
financial condition | ||||||
10 | of both parents; provided that the ground for
termination | ||||||
11 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
12 | available where the petition is brought by the mother or | ||||||
13 | the husband of
the mother.
| ||||||
14 | Contact or communication by a parent with his or her | ||||||
15 | child that does not
demonstrate affection and concern does | ||||||
16 | not constitute reasonable contact
and planning under | ||||||
17 | subdivision (n). In the absence of evidence to the
| ||||||
18 | contrary, the ability to visit, communicate, maintain | ||||||
19 | contact, pay
expenses and plan for the future shall be | ||||||
20 | presumed. The subjective intent
of the parent, whether | ||||||
21 | expressed or otherwise, unsupported by evidence of
the | ||||||
22 | foregoing parental acts manifesting that intent, shall not | ||||||
23 | preclude a
determination that the parent has intended to | ||||||
24 | forgo his or her
parental
rights. In making this | ||||||
25 | determination, the court may consider but shall not
require | ||||||
26 | a showing of diligent efforts by an authorized agency to |
| |||||||
| |||||||
1 | encourage
the parent to perform the acts specified in | ||||||
2 | subdivision (n).
| ||||||
3 | It shall be an affirmative defense to any allegation | ||||||
4 | under paragraph
(2) of this subsection that the father's | ||||||
5 | failure was due to circumstances
beyond his control or to | ||||||
6 | impediments created by the mother or any other
person | ||||||
7 | having legal custody. Proof of that fact need only be by a
| ||||||
8 | preponderance of the evidence.
| ||||||
9 | (o) Repeated or continuous failure by the parents, | ||||||
10 | although physically
and financially able, to provide the | ||||||
11 | child with adequate food, clothing,
or shelter.
| ||||||
12 | (p) Inability to discharge parental responsibilities | ||||||
13 | supported by
competent evidence from a psychiatrist, | ||||||
14 | licensed clinical social
worker, or clinical psychologist | ||||||
15 | of mental
impairment, mental illness or an intellectual | ||||||
16 | disability as defined in Section
1-116 of the Mental Health | ||||||
17 | and Developmental Disabilities Code, or
developmental | ||||||
18 | disability as defined in Section 1-106 of that Code, and
| ||||||
19 | there is sufficient justification to believe that the | ||||||
20 | inability to
discharge parental responsibilities shall | ||||||
21 | extend beyond a reasonable
time period. However, this | ||||||
22 | subdivision (p) shall not be construed so as to
permit a | ||||||
23 | licensed clinical social worker to conduct any medical | ||||||
24 | diagnosis to
determine mental illness or mental | ||||||
25 | impairment.
| ||||||
26 | (q) (Blank).
|
| |||||||
| |||||||
1 | (r) The child is in the temporary custody or | ||||||
2 | guardianship of the
Department of Children and Family | ||||||
3 | Services, the parent is incarcerated as a
result of | ||||||
4 | criminal conviction at the time the petition or motion for
| ||||||
5 | termination of parental rights is filed, prior to | ||||||
6 | incarceration the parent had
little or no contact with the | ||||||
7 | child or provided little or no support for the
child, and | ||||||
8 | the parent's incarceration will prevent the parent from | ||||||
9 | discharging
his or her parental responsibilities for the | ||||||
10 | child for a period in excess of 2
years after the filing of | ||||||
11 | the petition or motion for termination of parental
rights.
| ||||||
12 | (s) The child is in the temporary custody or | ||||||
13 | guardianship of the
Department of Children and Family | ||||||
14 | Services, the parent is incarcerated at the
time the | ||||||
15 | petition or motion for termination of parental rights is | ||||||
16 | filed, the
parent has been repeatedly incarcerated as a | ||||||
17 | result of criminal convictions,
and the parent's repeated | ||||||
18 | incarceration has prevented the parent from
discharging | ||||||
19 | his or her parental responsibilities for the child.
| ||||||
20 | (t) A finding that at birth the child's blood,
urine, | ||||||
21 | or meconium contained any amount of a controlled substance | ||||||
22 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
23 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
24 | substance, with the exception of
controlled substances or | ||||||
25 | metabolites of such substances, the presence of which
in | ||||||
26 | the newborn infant was the result of medical treatment |
| |||||||
| |||||||
1 | administered to the
mother or the newborn infant, and that | ||||||
2 | the biological mother of this child is
the biological | ||||||
3 | mother of at least one other child who was adjudicated a
| ||||||
4 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
5 | Juvenile Court Act
of 1987, after which the biological | ||||||
6 | mother had the opportunity to enroll in
and participate in | ||||||
7 | a clinically appropriate substance abuse
counseling, | ||||||
8 | treatment, and rehabilitation program.
| ||||||
9 | E. "Parent" means the father or mother of a lawful child of | ||||||
10 | the parties or child born out of wedlock. For the purpose of | ||||||
11 | this Act, a person who has executed a final and
irrevocable | ||||||
12 | consent to adoption or a final and irrevocable surrender for
| ||||||
13 | purposes of adoption, or whose parental rights have been | ||||||
14 | terminated by a
court, is not a parent of the child who was the | ||||||
15 | subject of the consent or
surrender, unless the consent is void | ||||||
16 | pursuant to subsection O of Section 10.
| ||||||
17 | F. A person is available for adoption when the person is:
| ||||||
18 | (a) a child who has been surrendered for adoption to an | ||||||
19 | agency and to
whose adoption the agency has thereafter | ||||||
20 | consented;
| ||||||
21 | (b) a child to whose adoption a person authorized by | ||||||
22 | law, other than his
parents, has consented, or to whose | ||||||
23 | adoption no consent is required pursuant
to Section 8 of | ||||||
24 | this Act;
| ||||||
25 | (c) a child who is in the custody of persons who intend | ||||||
26 | to adopt him
through placement made by his parents;
|
| |||||||
| |||||||
1 | (c-1) a child for whom a parent has signed a specific | ||||||
2 | consent pursuant
to subsection O of Section 10;
| ||||||
3 | (d) an adult who meets the conditions set forth in | ||||||
4 | Section 3 of this
Act; or
| ||||||
5 | (e) a child who has been relinquished as defined in | ||||||
6 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
7 | A person who would otherwise be available for adoption | ||||||
8 | shall not be
deemed unavailable for adoption solely by reason | ||||||
9 | of his or her death.
| ||||||
10 | G. The singular includes the plural and the plural includes
| ||||||
11 | the singular and the "male" includes the "female", as the | ||||||
12 | context of this
Act may require.
| ||||||
13 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
14 | does not
prove successful and it becomes necessary for the | ||||||
15 | child to be removed from
placement before the adoption is | ||||||
16 | finalized.
| ||||||
17 | I. "Foreign placing agency" is an agency or individual | ||||||
18 | operating in a
country or territory outside the United States | ||||||
19 | that is authorized by its
country to place children for | ||||||
20 | adoption either directly with families in the
United States or | ||||||
21 | through United States based international agencies.
| ||||||
22 | J. "Immediate relatives" means the biological parents, the | ||||||
23 | parents of
the biological parents and siblings of the | ||||||
24 | biological parents.
| ||||||
25 | K. "Intercountry adoption" is a process by which a child | ||||||
26 | from a country
other than the United States is adopted.
|
| |||||||
| |||||||
1 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
2 | the
Department of Children and Family Services appointed by the | ||||||
3 | Director to
coordinate the provision of services by the public | ||||||
4 | and private sector to
prospective parents of foreign-born | ||||||
5 | children.
| ||||||
6 | M. "Interstate Compact on the Placement of Children" is a | ||||||
7 | law enacted by
most states for the purpose of establishing | ||||||
8 | uniform procedures for handling
the interstate placement of | ||||||
9 | children in foster homes, adoptive homes, or
other child care | ||||||
10 | facilities.
| ||||||
11 | N. "Non-Compact state" means a state that has not enacted | ||||||
12 | the
Interstate Compact on the Placement of Children.
| ||||||
13 | O. "Preadoption requirements" are any conditions | ||||||
14 | established by the laws
or regulations of the Federal | ||||||
15 | Government or of each state that must be met
prior to the | ||||||
16 | placement of a child in an adoptive home.
| ||||||
17 | P. "Abused child" means a child whose parent or immediate | ||||||
18 | family member,
or any person responsible for the child's | ||||||
19 | welfare, or any individual
residing in the same home as the | ||||||
20 | child, or a paramour of the child's parent:
| ||||||
21 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
22 | inflicted upon
the child physical injury, by other than | ||||||
23 | accidental means, that causes
death, disfigurement, | ||||||
24 | impairment of physical or emotional health, or loss
or | ||||||
25 | impairment of any bodily function;
| ||||||
26 | (b) creates a substantial risk of physical injury to |
| |||||||
| |||||||
1 | the child by
other than accidental means which would be | ||||||
2 | likely to cause death,
disfigurement, impairment of | ||||||
3 | physical or emotional health, or loss or
impairment of any | ||||||
4 | bodily function;
| ||||||
5 | (c) commits or allows to be committed any sex offense | ||||||
6 | against the child,
as sex offenses are defined in the | ||||||
7 | Criminal Code of 2012 1961
and extending those definitions | ||||||
8 | of sex offenses to include children under
18 years of age;
| ||||||
9 | (d) commits or allows to be committed an act or acts of | ||||||
10 | torture upon
the child; or
| ||||||
11 | (e) inflicts excessive corporal punishment.
| ||||||
12 | Q. "Neglected child" means any child whose parent or other | ||||||
13 | person
responsible for the child's welfare withholds or denies | ||||||
14 | nourishment or
medically indicated treatment including food or | ||||||
15 | care denied solely on the
basis of the present or anticipated | ||||||
16 | mental or physical impairment as determined
by a physician | ||||||
17 | acting alone or in consultation with other physicians or
| ||||||
18 | otherwise does not provide the proper or necessary support, | ||||||
19 | education
as required by law, or medical or other remedial care | ||||||
20 | recognized under State
law as necessary for a child's | ||||||
21 | well-being, or other care necessary for his
or her well-being, | ||||||
22 | including adequate food, clothing and shelter; or who
is | ||||||
23 | abandoned by his or her parents or other person responsible for | ||||||
24 | the child's
welfare.
| ||||||
25 | A child shall not be considered neglected or abused for the
| ||||||
26 | sole reason that the child's parent or other person responsible |
| |||||||
| |||||||
1 | for his
or her welfare depends upon spiritual means through | ||||||
2 | prayer alone for the
treatment or cure of disease or remedial | ||||||
3 | care as provided under Section 4
of the Abused and Neglected | ||||||
4 | Child Reporting Act.
A child shall not be considered neglected | ||||||
5 | or abused for the sole reason that
the child's parent or other | ||||||
6 | person responsible for the child's welfare failed
to vaccinate, | ||||||
7 | delayed vaccination, or refused vaccination for the child
due | ||||||
8 | to a waiver on religious or medical grounds as permitted by | ||||||
9 | law.
| ||||||
10 | R. "Putative father" means a man who may be a child's | ||||||
11 | father, but who (1) is
not married to the child's mother on or | ||||||
12 | before the date that the child was or
is to be born and (2) has | ||||||
13 | not established paternity of the child in a court
proceeding | ||||||
14 | before the filing of a petition for the adoption of the child. | ||||||
15 | The
term includes a male who is less than 18 years of age. | ||||||
16 | "Putative father" does
not mean a man who is the child's father | ||||||
17 | as a result of criminal sexual abuse
or assault as defined | ||||||
18 | under Article 11 12 of the Criminal Code of 2012 1961 .
| ||||||
19 | S. "Standby adoption" means an adoption in which a parent
| ||||||
20 | consents to custody and termination of parental rights to | ||||||
21 | become
effective upon the occurrence of a future event, which | ||||||
22 | is either the death of
the
parent or the request of the parent
| ||||||
23 | for the entry of a final judgment of adoption.
| ||||||
24 | T. (Blank).
| ||||||
25 | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | ||||||
26 | 97-1109, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/8) (from Ch. 40, par. 1510)
| ||||||
2 | Sec. 8. Consents to adoption and surrenders for purposes of
| ||||||
3 | adoption.
| ||||||
4 | (a) Except as hereinafter provided in this
Section consents | ||||||
5 | or surrenders shall be required in all cases, unless the
person | ||||||
6 | whose
consent or surrender would otherwise be required shall be | ||||||
7 | found by the
court:
| ||||||
8 | (1) to be an unfit person
as defined in Section
1 of | ||||||
9 | this Act, by clear and convincing evidence; or
| ||||||
10 | (2) not to be the biological or adoptive father of the | ||||||
11 | child; or
| ||||||
12 | (3) to have waived his parental rights to the child | ||||||
13 | under Section 12a or
12.1 or subsection S of Section 10 of
| ||||||
14 | this Act; or
| ||||||
15 | (4) to be the parent of an adult
sought to be adopted; | ||||||
16 | or
| ||||||
17 | (5) to be
the father of the child as a result of | ||||||
18 | criminal sexual abuse or assault as
defined under Article | ||||||
19 | 11 12 of the Criminal Code of 2012 1961 ; or
| ||||||
20 | (6) to be the father of a child who: | ||||||
21 | (i) is a family member of the mother of the child, | ||||||
22 | and the mother is under the age of 18 at the time of | ||||||
23 | the child's conception; for purposes of this | ||||||
24 | subsection, a "family member" is a parent, | ||||||
25 | step-parent, grandparent, step-grandparent, sibling, |
| |||||||
| |||||||
1 | or cousin of the first degree, whether by whole blood, | ||||||
2 | half-blood, or adoption, as well as a person age 18 or | ||||||
3 | over at the time of the child's conception who has | ||||||
4 | resided in the household with the mother continuously | ||||||
5 | for at least one year; or | ||||||
6 | (ii) is at least 5 years older than the child's | ||||||
7 | mother, and the mother was under the age of 17 at the | ||||||
8 | time of the child's conception, unless the mother and | ||||||
9 | father voluntarily acknowledge the father's paternity | ||||||
10 | of the child by marrying or by establishing the | ||||||
11 | father's paternity by consent of the parties pursuant | ||||||
12 | to the Illinois Parentage Act of 1984 or pursuant to a | ||||||
13 | substantially similar statute in another state. | ||||||
14 | A criminal conviction of any offense pursuant to | ||||||
15 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
16 | 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||||||
17 | 19-6, or Article 12 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 is not required.
| ||||||
19 | (b) Where consents are required in the case of an adoption
| ||||||
20 | of a minor child, the consents of the following persons shall | ||||||
21 | be
sufficient:
| ||||||
22 | (1) (A) The mother of the minor child; and
| ||||||
23 | (B) The father of the minor child, if the father:
| ||||||
24 | (i) was married to the mother on the date of | ||||||
25 | birth of the child or
within
300 days before the | ||||||
26 | birth of the child, except for a husband or former
|
| |||||||
| |||||||
1 | husband who has been found by a court of competent | ||||||
2 | jurisdiction not to be the
biological father of the | ||||||
3 | child; or
| ||||||
4 | (ii) is the father of the child under a | ||||||
5 | judgment for adoption, an
order of parentage, or an | ||||||
6 | acknowledgment of parentage or paternity pursuant
| ||||||
7 | to subsection (a) of Section 5 of the Illinois | ||||||
8 | Parentage Act of 1984; or
| ||||||
9 | (iii) in the case of a child placed with the | ||||||
10 | adopting parents less
than
6 months after birth, | ||||||
11 | openly lived with the child, the child's | ||||||
12 | biological
mother, or
both,
and
held himself out to | ||||||
13 | be the child's biological father during the first | ||||||
14 | 30 days
following the birth of the child; or
| ||||||
15 | (iv) in the case of a child placed with the | ||||||
16 | adopting parents less than
6
months after birth, | ||||||
17 | made a good faith effort to pay a reasonable amount | ||||||
18 | of the
expenses
related to the birth of the child | ||||||
19 | and to provide a reasonable amount for the
| ||||||
20 | financial support of the child before the | ||||||
21 | expiration of 30 days following the
birth of the | ||||||
22 | child,
provided that the court may consider in its | ||||||
23 | determination all
relevant circumstances, | ||||||
24 | including the financial condition of both | ||||||
25 | biological
parents; or
| ||||||
26 | (v) in the case of a child placed with the |
| |||||||
| |||||||
1 | adopting parents
more
than 6 months after birth, | ||||||
2 | has maintained substantial and continuous or
| ||||||
3 | repeated contact with the child as manifested by:
| ||||||
4 | (I) the payment by the father
toward the support of | ||||||
5 | the child of a fair and reasonable sum, according | ||||||
6 | to the
father's means, and either (II) the father's | ||||||
7 | visiting the child at least
monthly
when | ||||||
8 | physically and financially able to do so and not | ||||||
9 | prevented from doing so
by the person or authorized | ||||||
10 | agency having lawful custody of the child, or (III)
| ||||||
11 | the father's regular communication with the child | ||||||
12 | or with the person or agency
having the care or | ||||||
13 | custody of the child, when physically and | ||||||
14 | financially unable
to visit the child or prevented | ||||||
15 | from doing so by the person or authorized
agency | ||||||
16 | having lawful custody of the child. The subjective | ||||||
17 | intent of the
father,
whether expressed or | ||||||
18 | otherwise unsupported by evidence of acts | ||||||
19 | specified in
this sub-paragraph as manifesting | ||||||
20 | such intent, shall not preclude a
determination | ||||||
21 | that the father failed to maintain substantial and | ||||||
22 | continuous or
repeated contact with the child; or
| ||||||
23 | (vi) in the case of a child placed with the | ||||||
24 | adopting parents more than
six
months after birth, | ||||||
25 | openly lived with the child for a period of six | ||||||
26 | months
within the one year period immediately |
| |||||||
| |||||||
1 | preceding the placement of the child for
adoption | ||||||
2 | and openly held himself out to be the father of the | ||||||
3 | child; or
| ||||||
4 | (vii) has timely registered with Putative | ||||||
5 | Father Registry, as provided
in
Section 12.1 of | ||||||
6 | this Act,
and prior to the expiration of 30 days | ||||||
7 | from the date
of such registration, commenced | ||||||
8 | legal
proceedings to establish paternity under the | ||||||
9 | Illinois Parentage Act of 1984
or under the law of | ||||||
10 | the jurisdiction of the child's birth; or
| ||||||
11 | (2) The legal guardian of the person of the child, if | ||||||
12 | there
is no surviving parent; or
| ||||||
13 | (3) An agency, if the child has been surrendered for
| ||||||
14 | adoption to such agency; or
| ||||||
15 | (4) Any person or agency having legal custody of a | ||||||
16 | child by court order
if the parental rights of the parents | ||||||
17 | have been judicially terminated, and
the court having | ||||||
18 | jurisdiction of the guardianship of the child has | ||||||
19 | authorized
the consent to the adoption; or
| ||||||
20 | (5) The execution and
verification of the petition by | ||||||
21 | any petitioner who is
also a parent of the child sought to | ||||||
22 | be adopted shall be sufficient evidence
of such parent's | ||||||
23 | consent to the adoption.
| ||||||
24 | (c) Where surrenders to an agency are required in the case | ||||||
25 | of a placement
for adoption of a minor child by an agency, the | ||||||
26 | surrenders of the following
persons shall be sufficient:
|
| |||||||
| |||||||
1 | (1) (A) The mother of the minor child; and
| ||||||
2 | (B) The father of the minor child, if the father:
| ||||||
3 | (i) was married to the mother on the date of | ||||||
4 | birth of the child or
within 300 days before the | ||||||
5 | birth of the child, except for a husband or former
| ||||||
6 | husband who has been found by a court of competent | ||||||
7 | jurisdiction not to be the
biological father of the | ||||||
8 | child; or
| ||||||
9 | (ii) is the father of the child under a | ||||||
10 | judgment for adoption, an
order of parentage, or an | ||||||
11 | acknowledgment of parentage or paternity pursuant
| ||||||
12 | to subsection (a) of Section 5 of the Illinois | ||||||
13 | Parentage Act of 1984; or
| ||||||
14 | (iii) in the case of a child placed with the | ||||||
15 | adopting parents less
than
6 months after birth, | ||||||
16 | openly lived with the child, the child's | ||||||
17 | biological
mother, or
both,
and
held himself out to | ||||||
18 | be the child's biological father during the first | ||||||
19 | 30 days
following the birth of a child; or
| ||||||
20 | (iv) in the case of a child placed with the | ||||||
21 | adopting parents less than
6
months after birth, | ||||||
22 | made a good faith effort to pay a reasonable amount | ||||||
23 | of the
expenses
related to the birth of the child | ||||||
24 | and to provide a reasonable amount for the
| ||||||
25 | financial support of the child before
the | ||||||
26 | expiration of 30 days following the birth of
the
|
| |||||||
| |||||||
1 | child,
provided that the court may consider in its | ||||||
2 | determination all relevant
circumstances, | ||||||
3 | including the financial condition of both | ||||||
4 | biological parents;
or
| ||||||
5 | (v) in the case of a child placed with the | ||||||
6 | adopting parents more than
six
months after birth, | ||||||
7 | has maintained substantial and continuous or | ||||||
8 | repeated
contact with the child as manifested by: | ||||||
9 | (I) the payment by the father toward
the support of | ||||||
10 | the child of a fair and reasonable sum, according | ||||||
11 | to the
father's means, and either (II) the father's | ||||||
12 | visiting the child at least
monthly when | ||||||
13 | physically and financially able to do so and not | ||||||
14 | prevented from
doing so by the person or authorized | ||||||
15 | agency having lawful custody of the child
or (III) | ||||||
16 | the father's regular communication with the child | ||||||
17 | or with the person
or agency having the care or | ||||||
18 | custody of the child, when physically and
| ||||||
19 | financially unable to visit the child or prevented | ||||||
20 | from doing so by the person
or authorized agency | ||||||
21 | having lawful custody of the child. The subjective
| ||||||
22 | intent of the father, whether expressed or | ||||||
23 | otherwise, unsupported by evidence
of acts | ||||||
24 | specified in this sub-paragraph as manifesting | ||||||
25 | such intent, shall not
preclude a determination | ||||||
26 | that the father failed to maintain substantial and
|
| |||||||
| |||||||
1 | continuous or repeated contact with the child; or
| ||||||
2 | (vi) in the case of a child placed with the | ||||||
3 | adopting parents more than
six
months after birth, | ||||||
4 | openly lived with the child for a period of six | ||||||
5 | months
within the one year period immediately | ||||||
6 | preceding the placement of the child for
adoption | ||||||
7 | and openly held himself out to be the father of the | ||||||
8 | child; or
| ||||||
9 | (vii) has timely registered with the Putative | ||||||
10 | Father Registry, as
provided
in Section 12.1 of | ||||||
11 | this Act,
and prior to the expiration of 30 days | ||||||
12 | from the date
of such
registration, commenced | ||||||
13 | legal
proceedings to establish paternity under the | ||||||
14 | Illinois Parentage Act of 1984, or
under the law of | ||||||
15 | the jurisdiction of the child's birth.
| ||||||
16 | (d) In making a determination under subparagraphs (b)(1) | ||||||
17 | and (c)(1), no
showing shall be required of diligent efforts by | ||||||
18 | a person or agency to
encourage the father to perform the acts | ||||||
19 | specified therein.
| ||||||
20 | (e) In the case of the adoption of an adult, only the | ||||||
21 | consent of
such adult shall be required.
| ||||||
22 | (Source: P.A. 97-493, eff. 8-22-11.)
| ||||||
23 | (750 ILCS 50/12.1)
| ||||||
24 | Sec. 12.1. Putative Father Registry. The Department of | ||||||
25 | Children and Family
Services shall establish a Putative Father |
| |||||||
| |||||||
1 | Registry for the purpose of
determining the
identity and | ||||||
2 | location of a putative father of a minor child who is, or is
| ||||||
3 | expected to be, the subject of an adoption proceeding, in order | ||||||
4 | to provide
notice of such proceeding to the putative father. | ||||||
5 | The Department of Children
and Family Services shall establish | ||||||
6 | rules and informational material necessary
to implement the | ||||||
7 | provisions of this Section. The Department shall have the
| ||||||
8 | authority to set reasonable fees for the use of the Registry. | ||||||
9 | All such fees for the use of the Registry that are received by | ||||||
10 | the Department or its agent shall be deposited into the fund | ||||||
11 | authorized under subsection (b) of Section 25 of the Children | ||||||
12 | and Family Services Act. The Department shall use the moneys in | ||||||
13 | that fund for the purpose of maintaining the Registry.
| ||||||
14 | (a) The Department shall maintain the following | ||||||
15 | information in the Registry:
| ||||||
16 | (1) With respect to the putative father:
| ||||||
17 | (i) Name, including any other names by which the | ||||||
18 | putative father may be
known and that he may provide to | ||||||
19 | the Registry;
| ||||||
20 | (ii) Address at which he may be served with notice | ||||||
21 | of a petition under
this Act, including any change of | ||||||
22 | address;
| ||||||
23 | (iii) Social Security Number;
| ||||||
24 | (iv) Date of birth; and
| ||||||
25 | (v) If applicable, a certified copy of an order by | ||||||
26 | a court of this
State or of another
state or territory |
| |||||||
| |||||||
1 | of the United States adjudicating the putative father | ||||||
2 | to be
the father of the child.
| ||||||
3 | (2) With respect to the mother of the child:
| ||||||
4 | (i) Name, including all other names known to the | ||||||
5 | putative father by
which the mother may be known;
| ||||||
6 | (ii) If known to the putative father, her last | ||||||
7 | address;
| ||||||
8 | (iii) Social Security
Number; and
| ||||||
9 | (iv) Date of birth.
| ||||||
10 | (3) If known to the putative father, the name, gender, | ||||||
11 | place of birth, and
date of birth or anticipated date of | ||||||
12 | birth of the child.
| ||||||
13 | (4) The date that the Department received the putative | ||||||
14 | father's
registration.
| ||||||
15 | (5) Other information as the Department may by rule | ||||||
16 | determine
necessary for the orderly administration of the | ||||||
17 | Registry.
| ||||||
18 | (b) A putative father may register with the Department | ||||||
19 | before the birth of
the child but shall register no later than | ||||||
20 | 30 days after the birth of the
child.
All
registrations shall | ||||||
21 | be in writing and signed by the putative father. No fee
shall | ||||||
22 | be charged for the initial registration. The Department shall | ||||||
23 | have no
independent obligation to gather the information to be | ||||||
24 | maintained.
| ||||||
25 | (c) An interested party, including persons intending to | ||||||
26 | adopt a child, a
child welfare agency with whom the mother has |
| |||||||
| |||||||
1 | placed or has given written
notice of her intention to place a | ||||||
2 | child for adoption, the mother of the child,
or an attorney | ||||||
3 | representing an interested party may request that the
| ||||||
4 | Department search the Registry to determine whether a putative | ||||||
5 | father is
registered in relation to a child who is or may be | ||||||
6 | the subject to an adoption
petition.
| ||||||
7 | (d) A search of the Registry may be proven by the | ||||||
8 | production of a certified
copy of the registration form, or by | ||||||
9 | the certified statement of the
administrator of the Registry | ||||||
10 | that after a search, no registration of a
putative father in | ||||||
11 | relation to a child who is or may be the subject of an
adoption | ||||||
12 | petition could be located.
| ||||||
13 | (e) Except as otherwise provided, information contained | ||||||
14 | within the
Registry is confidential and shall not be published | ||||||
15 | or open to public
inspection.
| ||||||
16 | (f) A person who knowingly or intentionally registers false
| ||||||
17 | information under this Section commits a Class B misdemeanor.
A | ||||||
18 | person who knowingly or intentionally releases confidential | ||||||
19 | information
in violation of this Section commits a Class B | ||||||
20 | misdemeanor.
| ||||||
21 | (g) Except as provided in subsections (b) or (c) of Section | ||||||
22 | 8 of this Act, a putative
father who
fails to register with the | ||||||
23 | Putative Father Registry as provided in this Section
is barred | ||||||
24 | from thereafter bringing or maintaining any action to assert | ||||||
25 | any
interest in the child, unless he proves by clear and | ||||||
26 | convincing evidence that:
|
| |||||||
| |||||||
1 | (1) it was not possible for him to register within the | ||||||
2 | period of time
specified in subsection (b) of this Section; | ||||||
3 | and
| ||||||
4 | (2) his failure to register was through no fault of his | ||||||
5 | own; and
| ||||||
6 | (3) he registered within 10 days after it became | ||||||
7 | possible for him to file.
| ||||||
8 | A lack of knowledge of the pregnancy or birth is not an | ||||||
9 | acceptable reason for
failure to register.
| ||||||
10 | (h) Except as provided in subsection (b) or (c) of Section | ||||||
11 | 8 of this Act, failure to timely
register with the Putative | ||||||
12 | Father Registry (i) shall be deemed to be a waiver
and | ||||||
13 | surrender of any right to notice of any hearing in any judicial | ||||||
14 | proceeding
for the adoption of the child, and the consent or | ||||||
15 | surrender of that
person to the adoption of
the
child is not | ||||||
16 | required, and (ii) shall constitute an abandonment of the child
| ||||||
17 | and shall be prima facie evidence of sufficient grounds to | ||||||
18 | support termination
of such
father's parental rights under this | ||||||
19 | Act.
| ||||||
20 | (i) In any adoption proceeding pertaining to a child born | ||||||
21 | out of wedlock, if
there is no showing that a putative father | ||||||
22 | has executed a consent or
surrender or waived his
rights | ||||||
23 | regarding the proposed adoption, certification as specified in
| ||||||
24 | subsection (d) shall be filed with the court prior to entry of | ||||||
25 | a final
judgment order of adoption.
| ||||||
26 | (j) The Registry shall not be used to notify a putative |
| |||||||
| |||||||
1 | father who is the
father of a child as a result of criminal | ||||||
2 | sexual abuse or assault as defined
under Article 11 12 of the | ||||||
3 | Criminal Code of 2012 1961 .
| ||||||
4 | (Source: P.A. 94-1010, eff. 10-1-06.)
| ||||||
5 | (750 ILCS 50/14) (from Ch. 40, par. 1517)
| ||||||
6 | Sec. 14. Judgment.
| ||||||
7 | (a) Prior to the entry of the judgment for order of
| ||||||
8 | adoption in any case other than an adoption of a related child | ||||||
9 | or of an
adult, each petitioner and each
person, agency, | ||||||
10 | association, corporation, institution, society or
organization | ||||||
11 | involved in the adoption of the child, except a child welfare
| ||||||
12 | agency, shall
execute an affidavit setting forth the hospital | ||||||
13 | and medical costs, legal
fees, counseling fees, and any other | ||||||
14 | fees or expenditures paid in accordance
with the Adoption | ||||||
15 | Compensation Prohibition Act or Section 12C-70 of the Criminal | ||||||
16 | Code of 2012 1961 .
| ||||||
17 | (b) Before the entry of the judgment for adoption, each | ||||||
18 | child welfare agency
involved in the adoption of the child | ||||||
19 | shall file an affidavit concerning the
costs, expenses, | ||||||
20 | contributions, fees, compensation, or other things of value
| ||||||
21 | which have been given, promised, or received including but not | ||||||
22 | limited to
hospital and medical costs, legal fees, social | ||||||
23 | services, living expenses, or
any other expenses related to the | ||||||
24 | adoption paid in accordance with the Adoption
Compensation | ||||||
25 | Prohibition Act or Section 12C-70 of the Criminal Code of 2012 |
| |||||||
| |||||||
1 | 1961 .
| ||||||
2 | If the total amount paid by the child welfare agency is | ||||||
3 | $4,500 or more, the
affidavit shall contain an itemization of | ||||||
4 | expenditures.
| ||||||
5 | If the total amount paid by the child welfare agency is | ||||||
6 | less than $4,500, the
agency may file an unitemized affidavit | ||||||
7 | stating that the total amount paid is
less than $4,500 unless | ||||||
8 | the court, in its discretion, requires that agency to
file an | ||||||
9 | itemized affidavit.
| ||||||
10 | (c) No affidavit need be filed
in the case of an adoption | ||||||
11 | of a related child or an adult, nor shall an
affidavit be | ||||||
12 | required to be filed
by a non-consenting parent, or by any | ||||||
13 | judge, or clerk, involved in an
official capacity in the | ||||||
14 | adoption
proceedings.
| ||||||
15 | (d) All affidavits filed in accordance with this Section | ||||||
16 | shall be under penalty of perjury
and shall include, but are | ||||||
17 | not limited to, hospital and medical
costs,
legal fees, social | ||||||
18 | services, living expenses or any other expenses
related to the | ||||||
19 | adoption or to the placement of the child, whether or not the
| ||||||
20 | payments are permitted by applicable laws.
| ||||||
21 | (e) Upon the expiration of 6 months after the date
of any | ||||||
22 | interim order vesting temporary care, custody and control of a
| ||||||
23 | child, other than a related child, in the petitioners, entered | ||||||
24 | pursuant
to this Act, the petitioners may apply to the court | ||||||
25 | for a judgment of
adoption. Notice of such application shall be | ||||||
26 | served by the petitioners
upon the investigating agency or the |
| |||||||
| |||||||
1 | person making such investigation,
and the guardian ad litem. | ||||||
2 | After the hearing on such application, at
which the petitioners | ||||||
3 | and the child shall appear in person, unless their
presence is | ||||||
4 | waived by the court for good cause shown, the court may
enter a | ||||||
5 | judgment for adoption, provided the court is
satisfied from the
| ||||||
6 | report of the investigating agency or the person making the
| ||||||
7 | investigation, and from the evidence, if any, introduced, that | ||||||
8 | the
adoption is for the welfare of the child and that there is | ||||||
9 | a valid
consent, or that no consent is required as provided in | ||||||
10 | Section 8 of this
Act.
| ||||||
11 | (f) A judgment for adoption of a related child, an adult, | ||||||
12 | or a child as
to
whose adoption an agency or person authorized | ||||||
13 | by law has the right of
authority to consent may be entered at | ||||||
14 | any time after service of process
and after the return day | ||||||
15 | designated therein.
| ||||||
16 | (f-5) A standby adoption judgment may be entered upon | ||||||
17 | notice of the death
of the consenting parent
or upon the | ||||||
18 | consenting parent's request that a final judgment for adoption
| ||||||
19 | be entered. The notice must be provided to the court within 60 | ||||||
20 | days after the
standby adoptive parent's receipt of knowledge | ||||||
21 | of death of the consenting parent or the consenting parent's | ||||||
22 | request that a
final judgment for adoption be entered. If the | ||||||
23 | court finds that adoption is
for the welfare of the child and | ||||||
24 | that there is a valid consent, including
consent for standby | ||||||
25 | adoption, which is still in effect, or that no consent is
| ||||||
26 | required under Section 8 of the Act, a judgment for adoption |
| |||||||
| |||||||
1 | shall be entered
unless the court finds by clear and convincing | ||||||
2 | evidence that it is no longer in
the best interest of the child | ||||||
3 | for the adoption to be finalized.
| ||||||
4 | (g) No special findings of fact or certificate of evidence | ||||||
5 | shall be
necessary in any case to support the judgment.
| ||||||
6 | (h) Only the circuit court that entered the judgment of the | ||||||
7 | adoption may
order the issuance of any contents of the court | ||||||
8 | file or that the original
birth record of the adoptee be | ||||||
9 | provided to any persons.
| ||||||
10 | (Source: P.A. 97-1109, eff. 1-1-13.)
| ||||||
11 | Section 775. The Illinois Domestic Violence Act of 1986 is | ||||||
12 | amended by changing Sections 103, 214, 216, 223, 301, and 304 | ||||||
13 | as follows:
| ||||||
14 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
15 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
16 | following
terms shall have the following meanings:
| ||||||
17 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
18 | of a dependent,
interference with personal liberty or willful | ||||||
19 | deprivation but does not include
reasonable direction of a | ||||||
20 | minor child by a parent or person in loco parentis.
| ||||||
21 | (2) "Adult with disabilities" means an elder adult with | ||||||
22 | disabilities
or a high-risk adult with disabilities. A person | ||||||
23 | may be an adult with
disabilities for purposes of this Act even | ||||||
24 | though he or she has never been
adjudicated an incompetent |
| |||||||
| |||||||
1 | adult. However, no court proceeding may be
initiated or | ||||||
2 | continued on
behalf of an adult with disabilities over that | ||||||
3 | adult's objection, unless such
proceeding is approved by his or | ||||||
4 | her legal guardian, if any.
| ||||||
5 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
6 | (1).
| ||||||
7 | (4) "Elder adult with disabilities" means an adult | ||||||
8 | prevented by
advanced age from taking appropriate action to | ||||||
9 | protect himself or herself
from abuse by a family or household | ||||||
10 | member.
| ||||||
11 | (5) "Exploitation" means the illegal, including tortious, | ||||||
12 | use of a
high-risk adult with disabilities or of the assets or | ||||||
13 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
14 | includes, but is not
limited to, the misappropriation of assets | ||||||
15 | or resources of a high-risk
adult with disabilities by undue | ||||||
16 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
17 | deception, or extortion, or the use of such assets or
resources | ||||||
18 | in a manner contrary to law.
| ||||||
19 | (6) "Family or household members" include spouses, former | ||||||
20 | spouses,
parents, children, stepchildren and other persons | ||||||
21 | related by blood or
by present or prior marriage, persons
who | ||||||
22 | share or formerly shared a common dwelling, persons who have or
| ||||||
23 | allegedly have a child in common, persons who share or | ||||||
24 | allegedly share a
blood relationship through a child, persons | ||||||
25 | who have or have had a dating
or engagement relationship, | ||||||
26 | persons with disabilities and their
personal assistants, and |
| |||||||
| |||||||
1 | caregivers as defined in Section 12-4.4a or paragraph (3) of | ||||||
2 | subsection
(b) of Section 12-21 of the Criminal Code of 2012 | ||||||
3 | 1961 .
For purposes of this paragraph, neither a casual | ||||||
4 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
5 | individuals in business or social
contexts shall be deemed to | ||||||
6 | constitute a dating relationship.
In the case of a high-risk | ||||||
7 | adult with
disabilities, "family or household members" | ||||||
8 | includes any person
who has the responsibility for a high-risk | ||||||
9 | adult as a result of a family
relationship or who has assumed | ||||||
10 | responsibility for all or a portion of the
care of a high-risk | ||||||
11 | adult with disabilities voluntarily, or by express or
implied | ||||||
12 | contract, or by court order.
| ||||||
13 | (7) "Harassment" means knowing conduct which
is not | ||||||
14 | necessary to accomplish a purpose that is reasonable under the
| ||||||
15 | circumstances; would cause a reasonable person emotional | ||||||
16 | distress; and
does cause emotional distress to the petitioner.
| ||||||
17 | Unless the presumption is rebutted by a preponderance of the | ||||||
18 | evidence, the
following types of conduct shall be
presumed to | ||||||
19 | cause emotional distress:
| ||||||
20 | (i) creating a disturbance at petitioner's place of | ||||||
21 | employment or school;
| ||||||
22 | (ii) repeatedly telephoning petitioner's place of | ||||||
23 | employment, home or residence;
| ||||||
24 | (iii) repeatedly following petitioner about in a | ||||||
25 | public place or places;
| ||||||
26 | (iv) repeatedly keeping petitioner under surveillance |
| |||||||
| |||||||
1 | by remaining
present outside his or her
home, school, place | ||||||
2 | of employment, vehicle or other place occupied by
| ||||||
3 | petitioner or by peering in petitioner's windows;
| ||||||
4 | (v) improperly concealing a minor child from | ||||||
5 | petitioner, repeatedly
threatening to improperly remove a | ||||||
6 | minor child of petitioner's from
the jurisdiction or from | ||||||
7 | the physical care of petitioner,
repeatedly threatening to | ||||||
8 | conceal a minor
child from petitioner, or making
a single | ||||||
9 | such
threat following an actual or attempted improper | ||||||
10 | removal or concealment,
unless respondent was fleeing an | ||||||
11 | incident or pattern of domestic violence; or
| ||||||
12 | (vi) threatening physical force, confinement or | ||||||
13 | restraint on one or more occasions.
| ||||||
14 | (8) "High-risk adult with disabilities" means a person aged | ||||||
15 | 18 or over
whose physical or mental disability impairs his or | ||||||
16 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
17 | or exploitation.
| ||||||
18 | (9) "Interference with personal liberty" means committing | ||||||
19 | or
threatening physical abuse, harassment, intimidation or
| ||||||
20 | willful deprivation so as to
compel another to
engage in | ||||||
21 | conduct from which she or he has a right to abstain or to | ||||||
22 | refrain from conduct
in which she or he has a right to engage.
| ||||||
23 | (10) "Intimidation of a dependent" means subjecting a | ||||||
24 | person
who is dependent
because of
age, health or disability to | ||||||
25 | participation in or the witnessing of: physical force
against | ||||||
26 | another or physical confinement or restraint of another which
|
| |||||||
| |||||||
1 | constitutes physical abuse as defined in this Act, regardless | ||||||
2 | of whether the
abused person is a family or household member.
| ||||||
3 | (11) (A) "Neglect" means the failure to exercise that | ||||||
4 | degree of care
toward a high-risk adult with disabilities which | ||||||
5 | a reasonable person would
exercise under the circumstances and | ||||||
6 | includes but is not limited to:
| ||||||
7 | (i) the failure to take reasonable steps to protect a | ||||||
8 | high-risk adult
with disabilities from acts of abuse;
| ||||||
9 | (ii) the repeated, careless imposition of unreasonable | ||||||
10 | confinement;
| ||||||
11 | (iii) the failure to provide food, shelter, clothing, | ||||||
12 | and personal
hygiene to a high-risk adult with disabilities | ||||||
13 | who requires such assistance;
| ||||||
14 | (iv) the failure to provide medical and rehabilitative | ||||||
15 | care for the
physical and mental health needs of a | ||||||
16 | high-risk adult with disabilities; or
| ||||||
17 | (v) the failure to protect a high-risk adult with | ||||||
18 | disabilities from
health and safety hazards.
| ||||||
19 | (B) Nothing in this subsection (10) shall be construed to | ||||||
20 | impose a requirement that
assistance be provided to a high-risk | ||||||
21 | adult with disabilities over his or
her objection in the | ||||||
22 | absence of a court order, nor to create any new
affirmative | ||||||
23 | duty to provide support to a high-risk adult with disabilities.
| ||||||
24 | (12) "Order of protection" means an emergency order, | ||||||
25 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
26 | which includes any or
all of the remedies authorized by Section |
| |||||||
| |||||||
1 | 214 of this Act.
| ||||||
2 | (13) "Petitioner" may mean not only any named petitioner | ||||||
3 | for the order of
protection and any named victim of abuse on | ||||||
4 | whose behalf the petition
is brought, but also any other person | ||||||
5 | protected by this Act.
| ||||||
6 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
7 | of the following:
| ||||||
8 | (i) knowing or reckless use of physical force, | ||||||
9 | confinement or restraint;
| ||||||
10 | (ii) knowing, repeated and unnecessary sleep | ||||||
11 | deprivation; or
| ||||||
12 | (iii) knowing or reckless conduct which creates an | ||||||
13 | immediate
risk of physical harm.
| ||||||
14 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
15 | both physical presence and nonphysical contact with the | ||||||
16 | petitioner whether direct, indirect (including, but not | ||||||
17 | limited to, telephone calls, mail, email, faxes, and written | ||||||
18 | notes), or through third parties who may or may not know about | ||||||
19 | the order of protection.
| ||||||
20 | (15) "Willful deprivation" means wilfully denying a person | ||||||
21 | who
because of age, health or disability requires medication,
| ||||||
22 | medical care, shelter, accessible shelter or services, food,
| ||||||
23 | therapeutic device, or other physical
assistance, and thereby | ||||||
24 | exposing that person to the risk of physical,
mental or | ||||||
25 | emotional harm, except with regard to medical care or treatment
| ||||||
26 | when the dependent person has expressed an intent to forgo such |
| |||||||
| |||||||
1 | medical
care or treatment. This paragraph does not
create any | ||||||
2 | new affirmative duty to provide support to dependent persons.
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
4 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
5 | Sec. 214. Order of protection; remedies.
| ||||||
6 | (a) Issuance of order. If the court finds that petitioner | ||||||
7 | has been
abused by a family or household member or that | ||||||
8 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
9 | or exploited, as defined in this Act,
an order of protection | ||||||
10 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
11 | provided that petitioner must also satisfy the requirements of
| ||||||
12 | one of the following Sections, as appropriate: Section 217 on | ||||||
13 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
14 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
15 | protection because petitioner or
respondent is a minor. The | ||||||
16 | court, when determining whether or not to issue
an order of | ||||||
17 | protection, shall not require physical manifestations of abuse
| ||||||
18 | on the person of the victim. Modification and extension of | ||||||
19 | prior
orders of protection shall be in accordance with this | ||||||
20 | Act.
| ||||||
21 | (b) Remedies and standards. The remedies to be included in | ||||||
22 | an order of
protection shall be determined in accordance with | ||||||
23 | this Section and one of
the following Sections, as appropriate: | ||||||
24 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
25 | and Section 219 on plenary orders. The
remedies listed in this |
| |||||||
| |||||||
1 | subsection shall be in addition to other civil or
criminal | ||||||
2 | remedies available to petitioner.
| ||||||
3 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
4 | Prohibit
respondent's harassment, interference with | ||||||
5 | personal liberty, intimidation
of a dependent, physical | ||||||
6 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
7 | defined in this Act, or stalking of the petitioner, as | ||||||
8 | defined
in Section 12-7.3 of the Criminal Code of 2012 | ||||||
9 | 1961 , if such abuse, neglect,
exploitation, or stalking has | ||||||
10 | occurred or otherwise appears likely to occur if
not | ||||||
11 | prohibited.
| ||||||
12 | (2) Grant of exclusive possession of residence. | ||||||
13 | Prohibit respondent from
entering or remaining in any | ||||||
14 | residence, household, or premises of the petitioner,
| ||||||
15 | including one owned or leased by respondent, if petitioner | ||||||
16 | has a right to
occupancy thereof. The grant of exclusive | ||||||
17 | possession of the residence, household, or premises shall | ||||||
18 | not
affect title to real property, nor shall the court be | ||||||
19 | limited by the standard
set forth in Section 701 of the | ||||||
20 | Illinois Marriage and Dissolution of Marriage
Act.
| ||||||
21 | (A) Right to occupancy. A party has a right to | ||||||
22 | occupancy of a
residence or household if it is solely | ||||||
23 | or jointly owned or leased by that
party, that party's | ||||||
24 | spouse, a person with a legal duty to support that | ||||||
25 | party or
a minor child in that party's care, or by any | ||||||
26 | person or entity other than the
opposing party that |
| |||||||
| |||||||
1 | authorizes that party's occupancy (e.g., a domestic
| ||||||
2 | violence shelter). Standards set forth in subparagraph | ||||||
3 | (B) shall not preclude
equitable relief.
| ||||||
4 | (B) Presumption of hardships. If petitioner and | ||||||
5 | respondent
each has the right to occupancy of a | ||||||
6 | residence or household, the court
shall balance (i) the | ||||||
7 | hardships to respondent and any minor child or
| ||||||
8 | dependent adult in respondent's care resulting from | ||||||
9 | entry of this remedy with
(ii) the hardships to | ||||||
10 | petitioner and any minor child or dependent adult in
| ||||||
11 | petitioner's care resulting from continued exposure to | ||||||
12 | the risk of abuse
(should petitioner remain at the | ||||||
13 | residence or household) or from loss of
possession of | ||||||
14 | the residence or household (should petitioner leave to | ||||||
15 | avoid the
risk of abuse). When determining the balance | ||||||
16 | of hardships, the court shall
also take into account | ||||||
17 | the accessibility of the residence or household.
| ||||||
18 | Hardships need not be balanced if respondent does not | ||||||
19 | have a right to
occupancy.
| ||||||
20 | The balance of hardships is presumed to favor | ||||||
21 | possession by
petitioner unless the presumption is | ||||||
22 | rebutted by a preponderance of the
evidence, showing | ||||||
23 | that the hardships to respondent substantially | ||||||
24 | outweigh
the hardships to petitioner and any minor | ||||||
25 | child or dependent adult in
petitioner's care. The | ||||||
26 | court, on the request of petitioner or on its own
|
| |||||||
| |||||||
1 | motion, may order respondent to provide suitable, | ||||||
2 | accessible, alternate housing
for petitioner instead | ||||||
3 | of excluding respondent from a mutual residence or
| ||||||
4 | household.
| ||||||
5 | (3) Stay away order and additional prohibitions.
Order | ||||||
6 | respondent to stay away from petitioner or any other person
| ||||||
7 | protected by the order of protection, or prohibit | ||||||
8 | respondent from entering
or remaining present at | ||||||
9 | petitioner's school, place of employment, or other
| ||||||
10 | specified places at times when petitioner is present, or | ||||||
11 | both, if
reasonable, given the balance of hardships. | ||||||
12 | Hardships need not be balanced for
the court to enter a | ||||||
13 | stay away order or prohibit entry if respondent has no
| ||||||
14 | right to enter the premises.
| ||||||
15 | (A) If an order of protection grants petitioner | ||||||
16 | exclusive possession
of the residence, or prohibits | ||||||
17 | respondent from entering the residence,
or orders | ||||||
18 | respondent to stay away from petitioner or other
| ||||||
19 | protected persons, then the court may allow respondent | ||||||
20 | access to the
residence to remove items of clothing and | ||||||
21 | personal adornment
used exclusively by respondent, | ||||||
22 | medications, and other items as the court
directs. The | ||||||
23 | right to access shall be exercised on only one occasion | ||||||
24 | as the
court directs and in the presence of an | ||||||
25 | agreed-upon adult third party or law
enforcement | ||||||
26 | officer.
|
| |||||||
| |||||||
1 | (B) When the petitioner and the respondent attend | ||||||
2 | the same public, private, or non-public elementary, | ||||||
3 | middle, or high school, the court when issuing an order | ||||||
4 | of protection and providing relief shall consider the | ||||||
5 | severity of the act, any continuing physical danger or | ||||||
6 | emotional distress to the petitioner, the educational | ||||||
7 | rights guaranteed to the petitioner and respondent | ||||||
8 | under federal and State law, the availability of a | ||||||
9 | transfer of the respondent to another school, a change | ||||||
10 | of placement or a change of program of the respondent, | ||||||
11 | the expense, difficulty, and educational disruption | ||||||
12 | that would be caused by a transfer of the respondent to | ||||||
13 | another school, and any other relevant facts of the | ||||||
14 | case. The court may order that the respondent not | ||||||
15 | attend the public, private, or non-public elementary, | ||||||
16 | middle, or high school attended by the petitioner, | ||||||
17 | order that the respondent accept a change of placement | ||||||
18 | or change of program, as determined by the school | ||||||
19 | district or private or non-public school, or place | ||||||
20 | restrictions on the respondent's movements within the | ||||||
21 | school attended by the petitioner.
The respondent | ||||||
22 | bears the burden of proving by a preponderance of the | ||||||
23 | evidence that a transfer, change of placement, or | ||||||
24 | change of program of the respondent is not available. | ||||||
25 | The respondent also bears the burden of production with | ||||||
26 | respect to the expense, difficulty, and educational |
| |||||||
| |||||||
1 | disruption that would be caused by a transfer of the | ||||||
2 | respondent to another school. A transfer, change of | ||||||
3 | placement, or change of program is not unavailable to | ||||||
4 | the respondent solely on the ground that the respondent | ||||||
5 | does not agree with the school district's or private or | ||||||
6 | non-public school's transfer, change of placement, or | ||||||
7 | change of program or solely on the ground that the | ||||||
8 | respondent fails or refuses to consent or otherwise | ||||||
9 | does not take an action required to effectuate a | ||||||
10 | transfer, change of placement, or change of program.
| ||||||
11 | When a court orders a respondent to stay away from the | ||||||
12 | public, private, or non-public school attended by the | ||||||
13 | petitioner and the respondent requests a transfer to | ||||||
14 | another attendance center within the respondent's | ||||||
15 | school district or private or non-public school, the | ||||||
16 | school district or private or non-public school shall | ||||||
17 | have sole discretion to determine the attendance | ||||||
18 | center to which the respondent is transferred.
In the | ||||||
19 | event the court order results in a transfer of the | ||||||
20 | minor respondent to another attendance center, a | ||||||
21 | change in the respondent's placement, or a change of | ||||||
22 | the respondent's program, the parents, guardian, or | ||||||
23 | legal custodian of the respondent is responsible for | ||||||
24 | transportation and other costs associated with the | ||||||
25 | transfer or change. | ||||||
26 | (C) The court may order the parents, guardian, or |
| |||||||
| |||||||
1 | legal custodian of a minor respondent to take certain | ||||||
2 | actions or to refrain from taking certain actions to | ||||||
3 | ensure that the respondent complies with the order. In | ||||||
4 | the event the court orders a transfer of the respondent | ||||||
5 | to another school, the parents, guardian, or legal | ||||||
6 | custodian of the respondent is responsible for | ||||||
7 | transportation and other costs associated with the | ||||||
8 | change of school by the respondent.
| ||||||
9 | (4) Counseling. Require or recommend the respondent to | ||||||
10 | undergo
counseling for a specified duration with a social | ||||||
11 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
12 | family service agency, alcohol or
substance abuse program, | ||||||
13 | mental health center guidance counselor, agency
providing | ||||||
14 | services to elders, program designed for domestic violence
| ||||||
15 | abusers or any other guidance service the court deems | ||||||
16 | appropriate. The Court may order the respondent in any | ||||||
17 | intimate partner relationship to report to an Illinois | ||||||
18 | Department of Human Services protocol approved partner | ||||||
19 | abuse intervention program for an assessment and to follow | ||||||
20 | all recommended treatment.
| ||||||
21 | (5) Physical care and possession of the minor child. In | ||||||
22 | order to protect
the minor child from abuse, neglect, or | ||||||
23 | unwarranted separation from the person
who has been the | ||||||
24 | minor child's primary caretaker, or to otherwise protect | ||||||
25 | the
well-being of the minor child, the court may do either | ||||||
26 | or both of the
following: (i) grant petitioner physical |
| |||||||
| |||||||
1 | care or possession of the minor child,
or both, or (ii) | ||||||
2 | order respondent to return a minor child to, or not remove | ||||||
3 | a
minor child from, the physical care of a parent or person | ||||||
4 | in loco parentis.
| ||||||
5 | If a court finds, after a hearing, that respondent has | ||||||
6 | committed abuse
(as defined in Section 103) of a minor | ||||||
7 | child, there shall be a
rebuttable presumption that | ||||||
8 | awarding physical care to respondent would not
be in the | ||||||
9 | minor child's best interest.
| ||||||
10 | (6) Temporary legal custody. Award temporary legal | ||||||
11 | custody to petitioner
in accordance with this Section, the | ||||||
12 | Illinois Marriage and Dissolution of
Marriage Act, the | ||||||
13 | Illinois Parentage Act of 1984, and this State's Uniform
| ||||||
14 | Child-Custody Jurisdiction and Enforcement Act.
| ||||||
15 | If a court finds, after a hearing, that respondent has | ||||||
16 | committed abuse (as
defined in Section 103) of a minor | ||||||
17 | child, there shall be a rebuttable
presumption that | ||||||
18 | awarding temporary legal custody to respondent would not be | ||||||
19 | in
the child's best interest.
| ||||||
20 | (7) Visitation. Determine the visitation rights, if | ||||||
21 | any, of respondent in
any case in which the court awards | ||||||
22 | physical care or temporary legal custody of
a minor child | ||||||
23 | to petitioner. The court shall restrict or deny | ||||||
24 | respondent's
visitation with a minor child if the court | ||||||
25 | finds that respondent has done or is
likely to do any of | ||||||
26 | the following: (i) abuse or endanger the minor child during
|
| |||||||
| |||||||
1 | visitation; (ii) use the visitation as an opportunity to | ||||||
2 | abuse or harass
petitioner or petitioner's family or | ||||||
3 | household members; (iii) improperly
conceal or detain the | ||||||
4 | minor child; or (iv) otherwise act in a manner that is
not | ||||||
5 | in the best interests of the minor child. The court shall | ||||||
6 | not be limited
by the standards set forth in Section 607.1 | ||||||
7 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
8 | If the court grants visitation, the order shall
specify | ||||||
9 | dates and times for the visitation to take place or other | ||||||
10 | specific
parameters or conditions that are appropriate. No | ||||||
11 | order for visitation shall
refer merely to the term | ||||||
12 | "reasonable visitation".
| ||||||
13 | Petitioner may deny respondent access to the minor | ||||||
14 | child if, when
respondent arrives for visitation, | ||||||
15 | respondent is under the influence of drugs
or alcohol and | ||||||
16 | constitutes a threat to the safety and well-being of
| ||||||
17 | petitioner or petitioner's minor children or is behaving in | ||||||
18 | a violent or
abusive manner.
| ||||||
19 | If necessary to protect any member of petitioner's | ||||||
20 | family or
household from future abuse, respondent shall be | ||||||
21 | prohibited from coming to
petitioner's residence to meet | ||||||
22 | the minor child for visitation, and the
parties shall | ||||||
23 | submit to the court their recommendations for reasonable
| ||||||
24 | alternative arrangements for visitation. A person may be | ||||||
25 | approved to
supervise visitation only after filing an | ||||||
26 | affidavit accepting
that responsibility and acknowledging |
| |||||||
| |||||||
1 | accountability to the court.
| ||||||
2 | (8) Removal or concealment of minor child. Prohibit | ||||||
3 | respondent from
removing a minor child from the State or | ||||||
4 | concealing the child within the State.
| ||||||
5 | (9) Order to appear. Order the respondent to appear in | ||||||
6 | court, alone
or with a minor child, to prevent abuse, | ||||||
7 | neglect, removal or concealment of
the child, to return the | ||||||
8 | child to the custody or care of the petitioner or
to permit | ||||||
9 | any court-ordered interview or examination of the child or | ||||||
10 | the
respondent.
| ||||||
11 | (10) Possession of personal property. Grant petitioner | ||||||
12 | exclusive
possession of personal property and, if | ||||||
13 | respondent has possession or
control, direct respondent to | ||||||
14 | promptly make it available to petitioner, if:
| ||||||
15 | (i) petitioner, but not respondent, owns the | ||||||
16 | property; or
| ||||||
17 | (ii) the parties own the property jointly; sharing | ||||||
18 | it would risk
abuse of petitioner by respondent or is | ||||||
19 | impracticable; and the balance of
hardships favors | ||||||
20 | temporary possession by petitioner.
| ||||||
21 | If petitioner's sole claim to ownership of the property | ||||||
22 | is that it is
marital property, the court may award | ||||||
23 | petitioner temporary possession
thereof under the | ||||||
24 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
25 | proper proceeding has been filed under the Illinois | ||||||
26 | Marriage and
Dissolution of Marriage Act, as now or |
| |||||||
| |||||||
1 | hereafter amended.
| ||||||
2 | No order under this provision shall affect title to | ||||||
3 | property.
| ||||||
4 | (11) Protection of property. Forbid the respondent | ||||||
5 | from taking,
transferring, encumbering, concealing, | ||||||
6 | damaging or otherwise disposing of
any real or personal | ||||||
7 | property, except as explicitly authorized by the
court, if:
| ||||||
8 | (i) petitioner, but not respondent, owns the | ||||||
9 | property; or
| ||||||
10 | (ii) the parties own the property jointly,
and the | ||||||
11 | balance of hardships favors granting this remedy.
| ||||||
12 | If petitioner's sole claim to ownership of the property | ||||||
13 | is that it is
marital property, the court may grant | ||||||
14 | petitioner relief under subparagraph
(ii) of this | ||||||
15 | paragraph only if a proper proceeding has been filed under | ||||||
16 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
17 | now or hereafter amended.
| ||||||
18 | The court may further prohibit respondent from | ||||||
19 | improperly using the
financial or other resources of an | ||||||
20 | aged member of the family or household
for the profit or | ||||||
21 | advantage of respondent or of any other person.
| ||||||
22 | (11.5) Protection of animals. Grant the petitioner the | ||||||
23 | exclusive care, custody, or control of any animal owned, | ||||||
24 | possessed, leased, kept, or held by either the petitioner | ||||||
25 | or the respondent or a minor child residing in the | ||||||
26 | residence or household of either the petitioner or the |
| |||||||
| |||||||
1 | respondent and order the respondent to stay away from the | ||||||
2 | animal and forbid the respondent from taking, | ||||||
3 | transferring, encumbering, concealing, harming, or | ||||||
4 | otherwise disposing of the animal.
| ||||||
5 | (12) Order for payment of support. Order respondent to | ||||||
6 | pay temporary
support for the petitioner or any child in | ||||||
7 | the petitioner's care or
custody, when the respondent has a | ||||||
8 | legal obligation to support that person,
in accordance with | ||||||
9 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
10 | which shall govern, among other matters, the amount of
| ||||||
11 | support, payment through the clerk and withholding of | ||||||
12 | income to secure
payment. An order for child support may be | ||||||
13 | granted to a petitioner with
lawful physical care or | ||||||
14 | custody of a child, or an order or agreement for
physical | ||||||
15 | care or custody, prior to entry of an order for legal | ||||||
16 | custody.
Such a support order shall expire upon entry of a | ||||||
17 | valid order granting
legal custody to another, unless | ||||||
18 | otherwise provided in the custody order.
| ||||||
19 | (13) Order for payment of losses. Order respondent to | ||||||
20 | pay petitioner for
losses suffered as a direct result of | ||||||
21 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
22 | include, but not be limited to, medical expenses, lost
| ||||||
23 | earnings or other support, repair or replacement of | ||||||
24 | property damaged or taken,
reasonable attorney's fees, | ||||||
25 | court costs and moving or other travel expenses,
including | ||||||
26 | additional reasonable expenses for temporary shelter and |
| |||||||
| |||||||
1 | restaurant
meals.
| ||||||
2 | (i) Losses affecting family needs. If a party is | ||||||
3 | entitled to seek
maintenance, child support or | ||||||
4 | property distribution from the other party
under the | ||||||
5 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
6 | now or
hereafter amended, the court may order | ||||||
7 | respondent to reimburse petitioner's
actual losses, to | ||||||
8 | the extent that such reimbursement would be | ||||||
9 | "appropriate
temporary relief", as authorized by | ||||||
10 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
11 | (ii) Recovery of expenses. In the case of an | ||||||
12 | improper concealment
or removal of a minor child, the | ||||||
13 | court may order respondent to pay the
reasonable | ||||||
14 | expenses incurred or to be incurred in the search for | ||||||
15 | and recovery
of the minor child, including but not | ||||||
16 | limited to legal fees, court costs,
private | ||||||
17 | investigator fees, and travel costs.
| ||||||
18 | (14) Prohibition of entry. Prohibit the respondent | ||||||
19 | from entering or
remaining in the residence or household | ||||||
20 | while the respondent is under the
influence of alcohol or | ||||||
21 | drugs and constitutes a threat to the safety and
well-being | ||||||
22 | of the petitioner or the petitioner's children.
| ||||||
23 | (14.5) Prohibition of firearm possession.
| ||||||
24 | (a) Prohibit a respondent against whom an order of | ||||||
25 | protection was issued from possessing any firearms | ||||||
26 | during the duration of the order if the order: |
| |||||||
| |||||||
1 | (1) was issued after a hearing of which such | ||||||
2 | person received
actual notice, and at which such | ||||||
3 | person had an opportunity to
participate; | ||||||
4 | (2) restrains such person from harassing, | ||||||
5 | stalking, or
threatening an intimate partner of | ||||||
6 | such person or child of such
intimate partner or | ||||||
7 | person, or engaging in other conduct that
would | ||||||
8 | place an intimate partner in reasonable fear of | ||||||
9 | bodily
injury to the partner or child; and | ||||||
10 | (3)(i) includes a finding that such person | ||||||
11 | represents a
credible threat to the physical | ||||||
12 | safety of such intimate partner
or child; or
(ii) | ||||||
13 | by its terms explicitly prohibits the use, | ||||||
14 | attempted
use, or threatened use of physical force | ||||||
15 | against such intimate
partner or child that would | ||||||
16 | reasonably be expected to cause
bodily injury. | ||||||
17 | Any Firearm Owner's Identification Card in the
| ||||||
18 | possession of the respondent, except as provided in | ||||||
19 | subsection (b), shall be ordered by the court to be | ||||||
20 | turned
over to the local law enforcement agency. The | ||||||
21 | local law enforcement agency shall immediately mail | ||||||
22 | the card to the Department of State Police Firearm | ||||||
23 | Owner's Identification Card Office
for safekeeping. | ||||||
24 | The court shall
issue a warrant for seizure of any | ||||||
25 | firearm in the possession of the respondent, to be kept | ||||||
26 | by the local law enforcement agency for safekeeping, |
| |||||||
| |||||||
1 | except as provided in subsection (b).
The period of | ||||||
2 | safekeeping shall be for the duration of the order of | ||||||
3 | protection. The firearm or firearms and Firearm | ||||||
4 | Owner's Identification Card, if unexpired, shall at | ||||||
5 | the respondent's request, be returned to the | ||||||
6 | respondent at the end
of the order of protection. It is | ||||||
7 | the respondent's responsibility to notify the | ||||||
8 | Department of State Police Firearm Owner's | ||||||
9 | Identification Card Office.
| ||||||
10 | (b) If the respondent is a peace officer as defined | ||||||
11 | in Section 2-13 of
the
Criminal Code of 2012 1961 , the | ||||||
12 | court shall order that any firearms used by the
| ||||||
13 | respondent in the performance of his or her duties as a
| ||||||
14 | peace officer be surrendered to
the chief law | ||||||
15 | enforcement executive of the agency in which the | ||||||
16 | respondent is
employed, who shall retain the firearms | ||||||
17 | for safekeeping for the duration of the order of | ||||||
18 | protection.
| ||||||
19 | (c) Upon expiration of the period of safekeeping, | ||||||
20 | if the firearms or Firearm Owner's Identification Card | ||||||
21 | cannot be returned to respondent because respondent | ||||||
22 | cannot be located, fails to respond to requests to | ||||||
23 | retrieve the firearms, or is not lawfully eligible to | ||||||
24 | possess a firearm, upon petition from the local law | ||||||
25 | enforcement agency, the court may order the local law | ||||||
26 | enforcement agency to destroy the firearms, use the |
| |||||||
| |||||||
1 | firearms for training purposes, or for any other | ||||||
2 | application as deemed appropriate by the local law | ||||||
3 | enforcement agency; or that the firearms be turned over | ||||||
4 | to a third party who is lawfully eligible to possess | ||||||
5 | firearms, and who does not reside with respondent.
| ||||||
6 | (15) Prohibition of access to records. If an order of | ||||||
7 | protection
prohibits respondent from having contact with | ||||||
8 | the minor child,
or if petitioner's address is omitted | ||||||
9 | under subsection (b) of
Section 203, or if necessary to | ||||||
10 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
11 | child, the order shall deny respondent access to, and
| ||||||
12 | prohibit respondent from inspecting, obtaining, or | ||||||
13 | attempting to
inspect or obtain, school or any other | ||||||
14 | records of the minor child
who is in the care of | ||||||
15 | petitioner.
| ||||||
16 | (16) Order for payment of shelter services. Order | ||||||
17 | respondent to
reimburse a shelter providing temporary | ||||||
18 | housing and counseling services to
the petitioner for the | ||||||
19 | cost of the services, as certified by the shelter
and | ||||||
20 | deemed reasonable by the court.
| ||||||
21 | (17) Order for injunctive relief. Enter injunctive | ||||||
22 | relief necessary
or appropriate to prevent further abuse of | ||||||
23 | a family or household member
or further abuse, neglect, or | ||||||
24 | exploitation of a high-risk adult with
disabilities or to | ||||||
25 | effectuate one of the granted remedies, if supported by the
| ||||||
26 | balance of hardships. If the harm to be prevented by the |
| |||||||
| |||||||
1 | injunction is abuse
or any other harm that one of the | ||||||
2 | remedies listed in paragraphs (1) through
(16) of this | ||||||
3 | subsection is designed to prevent, no further evidence is
| ||||||
4 | necessary that the harm is an irreparable injury.
| ||||||
5 | (c) Relevant factors; findings.
| ||||||
6 | (1) In determining whether to grant a specific remedy, | ||||||
7 | other than
payment of support, the court shall consider
| ||||||
8 | relevant factors, including but not limited to the | ||||||
9 | following:
| ||||||
10 | (i) the nature, frequency, severity, pattern and | ||||||
11 | consequences of the
respondent's past abuse, neglect | ||||||
12 | or exploitation of the petitioner or
any family or | ||||||
13 | household member, including the concealment of his or | ||||||
14 | her
location in order to evade service of process or | ||||||
15 | notice, and the likelihood of
danger of future abuse, | ||||||
16 | neglect, or exploitation to petitioner or any member of
| ||||||
17 | petitioner's or respondent's family or household; and
| ||||||
18 | (ii) the danger that any minor child will be abused | ||||||
19 | or neglected or
improperly removed from the | ||||||
20 | jurisdiction, improperly concealed within the
State or | ||||||
21 | improperly separated from the child's primary | ||||||
22 | caretaker.
| ||||||
23 | (2) In comparing relative hardships resulting to the | ||||||
24 | parties from loss
of possession of the family home, the | ||||||
25 | court shall consider relevant
factors, including but not | ||||||
26 | limited to the following:
|
| |||||||
| |||||||
1 | (i) availability, accessibility, cost, safety, | ||||||
2 | adequacy, location and
other characteristics of | ||||||
3 | alternate housing for each party and any minor child
or | ||||||
4 | dependent adult in the party's care;
| ||||||
5 | (ii) the effect on the party's employment; and
| ||||||
6 | (iii) the effect on the relationship of the party, | ||||||
7 | and any minor
child or dependent adult in the party's | ||||||
8 | care, to family, school, church
and community.
| ||||||
9 | (3) Subject to the exceptions set forth in paragraph | ||||||
10 | (4) of this
subsection, the court shall make its findings | ||||||
11 | in an official record or in
writing, and shall at a minimum | ||||||
12 | set forth the following:
| ||||||
13 | (i) That the court has considered the applicable | ||||||
14 | relevant factors
described in paragraphs (1) and (2) of | ||||||
15 | this subsection.
| ||||||
16 | (ii) Whether the conduct or actions of respondent, | ||||||
17 | unless
prohibited, will likely cause irreparable harm | ||||||
18 | or continued abuse.
| ||||||
19 | (iii) Whether it is necessary to grant the | ||||||
20 | requested relief in order
to protect petitioner or | ||||||
21 | other alleged abused persons.
| ||||||
22 | (4) For purposes of issuing an ex parte emergency order | ||||||
23 | of protection,
the court, as an alternative to or as a | ||||||
24 | supplement to making the findings
described in paragraphs | ||||||
25 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
26 | the following procedure:
|
| |||||||
| |||||||
1 | When a verified petition for an emergency order of | ||||||
2 | protection in
accordance with the requirements of Sections | ||||||
3 | 203 and 217 is
presented to the court, the court shall | ||||||
4 | examine petitioner on oath or
affirmation. An emergency | ||||||
5 | order of protection shall be issued by the court
if it | ||||||
6 | appears from the contents of the petition and the | ||||||
7 | examination of
petitioner that the averments are | ||||||
8 | sufficient to indicate abuse by
respondent and to support | ||||||
9 | the granting of relief under the issuance of the
emergency | ||||||
10 | order of protection.
| ||||||
11 | (5) Never married parties. No rights or | ||||||
12 | responsibilities for a minor
child born outside of marriage | ||||||
13 | attach to a putative father until a father and
child | ||||||
14 | relationship has been established under the Illinois | ||||||
15 | Parentage Act of
1984, the Illinois Public Aid Code, | ||||||
16 | Section 12 of the Vital Records Act, the
Juvenile Court Act | ||||||
17 | of 1987, the Probate Act of 1985, the Revised Uniform
| ||||||
18 | Reciprocal Enforcement of Support Act, the Uniform | ||||||
19 | Interstate Family Support
Act, the Expedited Child Support | ||||||
20 | Act of 1990, any judicial, administrative, or
other act of | ||||||
21 | another state or territory, any other Illinois statute, or | ||||||
22 | by any
foreign nation establishing the father and child | ||||||
23 | relationship, any other
proceeding substantially in | ||||||
24 | conformity with the Personal Responsibility and
Work | ||||||
25 | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||||||
26 | or where both
parties appeared in open court or at an |
| |||||||
| |||||||
1 | administrative hearing acknowledging
under
oath or | ||||||
2 | admitting by affirmation the existence of a father and | ||||||
3 | child
relationship.
Absent such an adjudication, finding, | ||||||
4 | or acknowledgement, no putative
father shall be granted
| ||||||
5 | temporary custody of the minor child, visitation with the | ||||||
6 | minor child, or
physical care and possession of the minor | ||||||
7 | child, nor shall an order of payment
for support of the | ||||||
8 | minor child be entered.
| ||||||
9 | (d) Balance of hardships; findings. If the court finds that | ||||||
10 | the balance
of hardships does not support the granting of a | ||||||
11 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
12 | subsection (b) of this Section,
which may require such | ||||||
13 | balancing, the court's findings shall so
indicate and shall | ||||||
14 | include a finding as to whether granting the remedy will
result | ||||||
15 | in hardship to respondent that would substantially outweigh the | ||||||
16 | hardship
to petitioner from denial of the remedy. The findings | ||||||
17 | shall be an official
record or in writing.
| ||||||
18 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
19 | based, in
whole or in part, on evidence that:
| ||||||
20 | (1) Respondent has cause for any use of force, unless | ||||||
21 | that cause
satisfies the standards for justifiable use of | ||||||
22 | force provided by Article
7 VII of the Criminal Code of | ||||||
23 | 2012 1961 ;
| ||||||
24 | (2) Respondent was voluntarily intoxicated;
| ||||||
25 | (3) Petitioner acted in self-defense or defense of | ||||||
26 | another, provided
that, if petitioner utilized force, such |
| |||||||
| |||||||
1 | force was justifiable under
Article 7 VII of the Criminal | ||||||
2 | Code of 2012 1961 ;
| ||||||
3 | (4) Petitioner did not act in self-defense or defense | ||||||
4 | of another;
| ||||||
5 | (5) Petitioner left the residence or household to avoid | ||||||
6 | further abuse,
neglect, or exploitation by respondent;
| ||||||
7 | (6) Petitioner did not leave the residence or household | ||||||
8 | to avoid further
abuse, neglect, or exploitation by | ||||||
9 | respondent;
| ||||||
10 | (7) Conduct by any family or household member excused | ||||||
11 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
12 | that same conduct would have
excused such abuse, neglect, | ||||||
13 | or exploitation if the parties had not been
family or | ||||||
14 | household members.
| ||||||
15 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
16 | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
17 | 97-1131, eff. 1-1-13.)
| ||||||
18 | (750 ILCS 60/216) (from Ch. 40, par. 2312-16)
| ||||||
19 | Sec. 216. Accountability for Actions of Others. For the | ||||||
20 | purposes of
issuing an order of protection,
deciding what | ||||||
21 | remedies should be included and enforcing the order, Article 5
| ||||||
22 | of the Criminal Code of 2012 1961 shall govern whether | ||||||
23 | respondent is legally
accountable for the conduct of another | ||||||
24 | person.
| ||||||
25 | (Source: P.A. 84-1305.)
|
| |||||||
| |||||||
1 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
2 | Sec. 223. Enforcement of orders of protection.
| ||||||
3 | (a) When violation is crime. A violation of any order of | ||||||
4 | protection,
whether issued in a civil or criminal proceeding, | ||||||
5 | shall be enforced
by a
criminal court when:
| ||||||
6 | (1) The respondent commits the crime of violation of an | ||||||
7 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
8 | the Criminal Code of
1961 or the Criminal Code of 2012 , by
| ||||||
9 | having knowingly violated:
| ||||||
10 | (i) remedies described in paragraphs (1), (2), | ||||||
11 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
12 | of this Act; or
| ||||||
13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized under paragraphs (1), (2), | ||||||
15 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
16 | of this Act, in a valid order of protection which is | ||||||
17 | authorized
under the laws of another state, tribe, or | ||||||
18 | United States territory; or
| ||||||
19 | (iii) any other remedy when the act
constitutes a | ||||||
20 | crime against the protected parties as defined by the
| ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 .
| ||||||
22 | Prosecution for a violation of an order of
protection | ||||||
23 | shall not bar concurrent prosecution for any other crime,
| ||||||
24 | including any crime that may have been committed at the | ||||||
25 | time of the
violation of the order of protection; or
|
| |||||||
| |||||||
1 | (2) The respondent commits the crime of child abduction | ||||||
2 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012 , by having knowingly violated:
| ||||||
4 | (i) remedies described in paragraphs (5), (6) or | ||||||
5 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies
authorized under paragraphs (5), (6), or | ||||||
8 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
9 | valid order of protection which is authorized under the | ||||||
10 | laws
of another state, tribe, or United States | ||||||
11 | territory.
| ||||||
12 | (b) When violation is contempt of court. A violation of any | ||||||
13 | valid
Illinois order of protection, whether issued in a civil | ||||||
14 | or criminal
proceeding, may be enforced through civil or | ||||||
15 | criminal contempt procedures,
as appropriate, by any court with | ||||||
16 | jurisdiction, regardless where the act or
acts which violated | ||||||
17 | the order of protection were committed, to the extent
| ||||||
18 | consistent with the venue provisions of this Act. Nothing in | ||||||
19 | this Act
shall preclude any Illinois court from enforcing any | ||||||
20 | valid order of
protection issued in another state. Illinois | ||||||
21 | courts may enforce orders of
protection through both criminal | ||||||
22 | prosecution and contempt proceedings,
unless the action which | ||||||
23 | is second in time is barred by collateral estoppel
or the | ||||||
24 | constitutional prohibition against double jeopardy.
| ||||||
25 | (1) In a contempt proceeding where the petition for a | ||||||
26 | rule to show
cause sets forth facts evidencing an immediate |
| |||||||
| |||||||
1 | danger that the
respondent will flee the jurisdiction, | ||||||
2 | conceal a child, or inflict physical
abuse on the | ||||||
3 | petitioner or minor children or on dependent adults in
| ||||||
4 | petitioner's care, the court may order the
attachment of | ||||||
5 | the respondent without prior service of the rule to show
| ||||||
6 | cause or the petition for a rule to show cause. Bond shall | ||||||
7 | be set unless
specifically denied in writing.
| ||||||
8 | (2) A petition for a rule to show cause for violation | ||||||
9 | of an order of
protection shall be treated as an expedited | ||||||
10 | proceeding.
| ||||||
11 | (b-1) The court shall not hold a school district or private | ||||||
12 | or non-public school or any of its employees in civil or | ||||||
13 | criminal contempt unless the school district or private or | ||||||
14 | non-public school has been allowed to intervene. | ||||||
15 | (b-2) The court may hold the parents, guardian, or legal | ||||||
16 | custodian of a minor respondent in civil or criminal contempt | ||||||
17 | for a violation of any provision of any order entered under | ||||||
18 | this Act for conduct of the minor respondent in violation of | ||||||
19 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
20 | encouraged, or assisted the respondent minor in such conduct. | ||||||
21 | (c) Violation of custody or support orders. A violation of | ||||||
22 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
23 | subsection (b) of Section
214 of this Act may be enforced by | ||||||
24 | any remedy provided by Section 611 of
the Illinois Marriage and | ||||||
25 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
26 | for support issued under paragraph (12) of subsection (b)
of |
| |||||||
| |||||||
1 | Section 214 in the manner provided for under Parts V and VII of | ||||||
2 | the
Illinois Marriage and Dissolution of Marriage Act.
| ||||||
3 | (d) Actual knowledge. An order of protection may be | ||||||
4 | enforced pursuant to
this Section if the respondent violates | ||||||
5 | the order after the
respondent has
actual knowledge of its | ||||||
6 | contents as shown through one of the following means:
| ||||||
7 | (1) By service, delivery, or notice under Section 210.
| ||||||
8 | (2) By notice under Section 210.1 or 211.
| ||||||
9 | (3) By service of an order of protection under Section | ||||||
10 | 222.
| ||||||
11 | (4) By other means demonstrating actual knowledge of | ||||||
12 | the contents of the
order.
| ||||||
13 | (e) The enforcement of an order of protection in civil or | ||||||
14 | criminal court
shall not be affected by either of the | ||||||
15 | following:
| ||||||
16 | (1) The existence of a separate, correlative order, | ||||||
17 | entered under Section
215.
| ||||||
18 | (2) Any finding or order entered in a conjoined | ||||||
19 | criminal proceeding.
| ||||||
20 | (f) Circumstances. The court, when determining whether or | ||||||
21 | not a
violation of an order of protection has occurred, shall | ||||||
22 | not require
physical manifestations of abuse on the person of | ||||||
23 | the victim.
| ||||||
24 | (g) Penalties.
| ||||||
25 | (1) Except as provided in paragraph (3) of this
| ||||||
26 | subsection, where the court finds the commission of a crime |
| |||||||
| |||||||
1 | or contempt of
court under subsections (a) or (b) of this | ||||||
2 | Section, the penalty shall be
the penalty that generally | ||||||
3 | applies in such criminal or contempt
proceedings, and may | ||||||
4 | include one or more of the following: incarceration,
| ||||||
5 | payment of restitution, a fine, payment of attorneys' fees | ||||||
6 | and costs, or
community service.
| ||||||
7 | (2) The court shall hear and take into account evidence | ||||||
8 | of any factors
in aggravation or mitigation before deciding | ||||||
9 | an appropriate penalty under
paragraph (1) of this | ||||||
10 | subsection.
| ||||||
11 | (3) To the extent permitted by law, the court is | ||||||
12 | encouraged to:
| ||||||
13 | (i) increase the penalty for the knowing violation | ||||||
14 | of
any order of protection over any penalty previously | ||||||
15 | imposed by any court
for respondent's violation of any | ||||||
16 | order of protection or penal statute
involving | ||||||
17 | petitioner as victim and respondent as defendant;
| ||||||
18 | (ii) impose a minimum penalty of 24 hours | ||||||
19 | imprisonment for respondent's
first violation of any | ||||||
20 | order of protection; and
| ||||||
21 | (iii) impose a minimum penalty of 48 hours | ||||||
22 | imprisonment for
respondent's second or subsequent | ||||||
23 | violation of an order of protection
| ||||||
24 | unless the court explicitly finds that an increased penalty | ||||||
25 | or that
period of imprisonment would be manifestly unjust.
| ||||||
26 | (4) In addition to any other penalties imposed for a |
| |||||||
| |||||||
1 | violation of an
order of protection, a criminal court may | ||||||
2 | consider evidence of any
violations of an order of | ||||||
3 | protection:
| ||||||
4 | (i) to increase, revoke or modify the bail bond on | ||||||
5 | an underlying
criminal charge pursuant to Section | ||||||
6 | 110-6 of the Code of Criminal Procedure
of 1963;
| ||||||
7 | (ii) to revoke or modify an order of probation, | ||||||
8 | conditional discharge or
supervision, pursuant to | ||||||
9 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
10 | (iii) to revoke or modify a sentence of periodic | ||||||
11 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
12 | Code of Corrections.
| ||||||
13 | (5) In addition to any other penalties, the court shall | ||||||
14 | impose an
additional fine of $20 as authorized by Section | ||||||
15 | 5-9-1.11 of the Unified Code of
Corrections upon any person | ||||||
16 | convicted of or placed on supervision for a
violation of an | ||||||
17 | order of protection.
The additional fine shall be imposed | ||||||
18 | for each violation of this Section.
| ||||||
19 | (Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)
| ||||||
20 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
21 | Sec. 301. Arrest without warrant.
| ||||||
22 | (a) Any law enforcement officer may
make an arrest without
| ||||||
23 | warrant if the officer has probable cause to believe that the | ||||||
24 | person has
committed or is committing any crime, including but | ||||||
25 | not limited to
violation of an order of protection, under |
| |||||||
| |||||||
1 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
2 | Criminal Code of 2012 , even if the crime was not committed in | ||||||
3 | the presence of the
officer.
| ||||||
4 | (b) The law enforcement officer may verify the existence of | ||||||
5 | an order of
protection by telephone or radio communication with | ||||||
6 | his or her law enforcement
agency or by referring to the copy | ||||||
7 | of the order provided by the petitioner
or respondent.
| ||||||
8 | (c) Any law enforcement officer may make an arrest without | ||||||
9 | warrant if the
officer has reasonable grounds to believe a | ||||||
10 | defendant at liberty under
the provisions of subdivision (d)(1) | ||||||
11 | or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||||||
12 | of 1963 has violated a condition of
his or her bail bond or | ||||||
13 | recognizance.
| ||||||
14 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
15 | (750 ILCS 60/304) (from Ch. 40, par. 2313-4)
| ||||||
16 | Sec. 304. Assistance by law enforcement officers.
| ||||||
17 | (a) Whenever a law enforcement officer has reason to | ||||||
18 | believe that a person
has been abused, neglected, or exploited | ||||||
19 | by a family or household member, the
officer shall immediately | ||||||
20 | use all reasonable means to prevent further abuse,
neglect, or | ||||||
21 | exploitation, including:
| ||||||
22 | (1) Arresting the abusing, neglecting and exploiting | ||||||
23 | party, where
appropriate;
| ||||||
24 | (2) If there is probable cause to believe that | ||||||
25 | particular weapons were
used to commit the incident of |
| |||||||
| |||||||
1 | abuse, subject to constitutional limitations,
seizing and | ||||||
2 | taking inventory of the weapons;
| ||||||
3 | (3) Accompanying the victim of abuse, neglect, or | ||||||
4 | exploitation to
his or her place of residence for a | ||||||
5 | reasonable period of time to
remove necessary personal | ||||||
6 | belongings and possessions;
| ||||||
7 | (4) Offering the victim of abuse, neglect, or | ||||||
8 | exploitation immediate
and adequate information (written | ||||||
9 | in a language appropriate for the
victim or in Braille or | ||||||
10 | communicated in appropriate sign language), which shall
| ||||||
11 | include a summary of the procedures and relief available to | ||||||
12 | victims of abuse
under subsection (c) of Section 217 and | ||||||
13 | the officer's name and badge number;
| ||||||
14 | (5) Providing the victim with one referral to an | ||||||
15 | accessible service
agency;
| ||||||
16 | (6) Advising the victim of abuse about seeking medical | ||||||
17 | attention and
preserving evidence (specifically including | ||||||
18 | photographs of injury or damage
and damaged clothing or | ||||||
19 | other property); and
| ||||||
20 | (7) Providing or arranging accessible transportation | ||||||
21 | for the victim of
abuse (and, at the victim's request, any | ||||||
22 | minors or dependents in the
victim's care) to a medical | ||||||
23 | facility for treatment of injuries or to a
nearby place of | ||||||
24 | shelter or safety; or, after the close of court business
| ||||||
25 | hours, providing or arranging for transportation for the | ||||||
26 | victim (and, at
the victim's request, any minors or |
| |||||||
| |||||||
1 | dependents in the victim's care) to the
nearest available | ||||||
2 | circuit judge or associate judge so the victim may file a
| ||||||
3 | petition for an emergency order of protection under | ||||||
4 | subsection (c) of Section
217. When a victim of abuse | ||||||
5 | chooses to leave the scene of the offense, it
shall be | ||||||
6 | presumed that it is in the best interests of any minors or | ||||||
7 | dependents
in the victim's care to remain with the victim | ||||||
8 | or a person designated by the
victim, rather than to remain | ||||||
9 | with the abusing party.
| ||||||
10 | (b) Whenever a law enforcement officer does not exercise | ||||||
11 | arrest powers
or otherwise initiate criminal proceedings, the | ||||||
12 | officer shall:
| ||||||
13 | (1) Make a police report of the investigation of any | ||||||
14 | bona fide allegation
of an incident of abuse, neglect, or | ||||||
15 | exploitation and the disposition
of the investigation, in | ||||||
16 | accordance with subsection (a) of Section 303;
| ||||||
17 | (2) Inform the victim of abuse neglect, or exploitation | ||||||
18 | of the
victim's right to request that a criminal proceeding | ||||||
19 | be initiated where
appropriate, including specific times | ||||||
20 | and places for meeting with the State's
Attorney's office, | ||||||
21 | a warrant officer, or other official in accordance with
| ||||||
22 | local procedure; and
| ||||||
23 | (3) Advise the victim of the importance of seeking | ||||||
24 | medical attention
and preserving evidence (specifically | ||||||
25 | including photographs of injury
or damage and damaged | ||||||
26 | clothing or other property).
|
| |||||||
| |||||||
1 | (c) Except as provided by Section 24-6 of the Criminal Code | ||||||
2 | of 2012 1961 or
under a court order, any weapon seized under | ||||||
3 | subsection (a)(2) shall be
returned forthwith to the person | ||||||
4 | from whom it was seized when it is no longer
needed for | ||||||
5 | evidentiary purposes.
| ||||||
6 | (Source: P.A. 87-1186; 88-498.)
| ||||||
7 | Section 780. The Parental Notice of Abortion Act of 1995 is | ||||||
8 | amended by changing Section 10 as follows:
| ||||||
9 | (750 ILCS 70/10)
| ||||||
10 | Sec. 10. Definitions. As used in this Act:
| ||||||
11 | "Abortion" means the use of any instrument, medicine, drug, | ||||||
12 | or any other
substance or device to terminate the pregnancy of | ||||||
13 | a woman known to be pregnant
with an intention other than to | ||||||
14 | increase the probability of a live birth, to
preserve the life | ||||||
15 | or health of a child after live birth, or to remove a dead
| ||||||
16 | fetus.
| ||||||
17 | "Actual notice" means the giving of notice directly, in | ||||||
18 | person, or by
telephone.
| ||||||
19 | "Adult family member" means a person over 21 years of age | ||||||
20 | who is the parent,
grandparent, step-parent living in the | ||||||
21 | household, or legal guardian.
| ||||||
22 | "Constructive notice" means notice by certified mail to the | ||||||
23 | last known
address of the person entitled to notice with | ||||||
24 | delivery deemed to have occurred
48 hours after the certified |
| |||||||
| |||||||
1 | notice is mailed.
| ||||||
2 | "Incompetent" means any person who has been adjudged as | ||||||
3 | mentally ill or
developmentally disabled and who, because of | ||||||
4 | her mental illness or
developmental disability, is not fully | ||||||
5 | able to manage her person and for whom a
guardian of the person | ||||||
6 | has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||||||
7 | of 1975.
| ||||||
8 | "Medical emergency" means a condition that, on the basis of | ||||||
9 | the
physician's good faith clinical judgment, so complicates | ||||||
10 | the medical condition
of a pregnant woman as to necessitate the | ||||||
11 | immediate abortion of her pregnancy
to avert her death or for | ||||||
12 | which a delay will create serious risk of
substantial and | ||||||
13 | irreversible impairment of major bodily function.
| ||||||
14 | "Minor" means any person under 18 years of age who is not | ||||||
15 | or has not been
married or who has not been emancipated under | ||||||
16 | the Emancipation of
Minors Act.
| ||||||
17 | "Neglect" means the failure of an adult family member to | ||||||
18 | supply a child with
necessary food, clothing, shelter, or | ||||||
19 | medical care when reasonably able to do
so or the failure to | ||||||
20 | protect a child from conditions or actions that imminently
and | ||||||
21 | seriously endanger the child's physical or mental health when | ||||||
22 | reasonably
able to do so.
| ||||||
23 | "Physical abuse" means any physical injury intentionally | ||||||
24 | inflicted by an
adult family member on a child.
| ||||||
25 | "Physician" means any person licensed to practice medicine | ||||||
26 | in all its
branches under the Illinois Medical Practice Act of |
| |||||||
| |||||||
1 | 1987.
| ||||||
2 | "Sexual abuse" means any sexual conduct or sexual | ||||||
3 | penetration as defined in
Section 11-0.1 of the Criminal Code | ||||||
4 | of 2012 1961 that is prohibited by the criminal
laws of the | ||||||
5 | State of Illinois and committed against a minor by an adult | ||||||
6 | family
member as defined in this Act.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
8 | Section 785. The Probate Act of 1975 is amended by changing | ||||||
9 | Sections 1-5, 2-6.2, 2-6.6, and 25-1 as follows:
| ||||||
10 | (755 ILCS 5/1-5) (from Ch. 110 1/2, par. 1-5)
| ||||||
11 | Sec. 1-5.
Petition under oath.) Every petition under this | ||||||
12 | Act, except a
petition under Section 8-1 or Section 8-2, shall | ||||||
13 | be under oath or
affirmation. If a statement is known to | ||||||
14 | petitioner only upon information
and belief, or is unknown to | ||||||
15 | him, the petition shall so state. Whenever any
instrument is | ||||||
16 | required to be verified or under oath, a statement that is
made | ||||||
17 | under the penalties of perjury has the same effect as if the
| ||||||
18 | instrument were verified or made under oath. A fraudulent | ||||||
19 | statement so
made is perjury, as defined in Section 32-2 of the | ||||||
20 | Criminal Code
of 2012 1961 .
| ||||||
21 | (Source: P.A. 85-692.)
| ||||||
22 | (755 ILCS 5/2-6.2)
| ||||||
23 | Sec. 2-6.2. Financial exploitation, abuse, or neglect of an |
| |||||||
| |||||||
1 | elderly person
or a person with a disability. | ||||||
2 | (a) In this Section:
| ||||||
3 | "Abuse" means any offense described in Section 12-21 or | ||||||
4 | subsection (b) of Section 12-4.4a of the Criminal Code of
1961 | ||||||
5 | or the Criminal Code of 2012 .
| ||||||
6 | "Financial exploitation" means any offense described in | ||||||
7 | Section 16-1.3 or 17-56 of the
Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 .
| ||||||
9 | "Neglect" means any offense described in Section 12-19 or | ||||||
10 | subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 | ||||||
11 | or the Criminal Code of 2012 .
| ||||||
12 | (b) Persons convicted of financial exploitation,
abuse, or | ||||||
13 | neglect of an elderly person or a person with a disability | ||||||
14 | shall not
receive
any property, benefit, or other interest by | ||||||
15 | reason of the
death of that elderly person or person with a | ||||||
16 | disability, whether as heir,
legatee,
beneficiary, survivor, | ||||||
17 | appointee, claimant under Section 18-1.1, or in any other | ||||||
18 | capacity
and whether the property, benefit, or other interest | ||||||
19 | passes
pursuant to any form of title registration, testamentary | ||||||
20 | or
nontestamentary instrument, intestacy, renunciation, or any
| ||||||
21 | other circumstance. The property, benefit, or other
interest | ||||||
22 | shall pass as if the person convicted of the
financial | ||||||
23 | exploitation, abuse, or neglect died before the
decedent, | ||||||
24 | provided that with respect to joint tenancy
property the | ||||||
25 | interest possessed prior to the death by the
person convicted | ||||||
26 | of the financial exploitation, abuse, or
neglect shall not be
|
| |||||||
| |||||||
1 | diminished by the application of this Section. Notwithstanding | ||||||
2 | the
foregoing, a person convicted of financial exploitation, | ||||||
3 | abuse, or neglect of
an elderly person or a person with a | ||||||
4 | disability shall be entitled to receive
property, a benefit, or | ||||||
5 | an
interest in any capacity and under any circumstances | ||||||
6 | described in this
subsection (b) if it is demonstrated by clear | ||||||
7 | and convincing evidence that the
victim of that offense knew of | ||||||
8 | the conviction and subsequent to the
conviction expressed or | ||||||
9 | ratified his or her intent to transfer the property,
benefit, | ||||||
10 | or interest to the person convicted of financial exploitation, | ||||||
11 | abuse,
or
neglect of an elderly person or a person with a | ||||||
12 | disability in any manner
contemplated by this subsection
(b).
| ||||||
13 | (c)(1) The holder of any property subject to the
provisions | ||||||
14 | of this Section shall not be liable for
distributing or | ||||||
15 | releasing the property to the person
convicted of financial | ||||||
16 | exploitation, abuse, or neglect of
an elderly person or a | ||||||
17 | person with a disability if the distribution or release
occurs
| ||||||
18 | prior to the conviction.
| ||||||
19 | (2) If the holder is a financial institution, trust | ||||||
20 | company, trustee, or
similar entity or person, the holder shall | ||||||
21 | not be liable for any distribution
or
release of the property, | ||||||
22 | benefit, or other interest to the person convicted of
a
| ||||||
23 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
24 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012
unless the holder | ||||||
26 | knowingly distributes or releases the property, benefit, or
|
| |||||||
| |||||||
1 | other interest to the person so convicted after first having | ||||||
2 | received actual
written notice of the conviction in sufficient | ||||||
3 | time to act upon the notice.
| ||||||
4 | (d) If the holder of any property subject to the
provisions | ||||||
5 | of this Section knows that a potential beneficiary has been
| ||||||
6 | convicted of financial
exploitation, abuse, or neglect of an | ||||||
7 | elderly person or a person with a
disability within
the scope | ||||||
8 | of this Section, the holder shall fully cooperate
with law | ||||||
9 | enforcement authorities and judicial officers in
connection | ||||||
10 | with any investigation of the financial
exploitation, abuse, or | ||||||
11 | neglect. If the holder is a person or entity that is
subject to | ||||||
12 | regulation by a regulatory agency pursuant to the laws of this | ||||||
13 | or
any other state or pursuant to the laws of the United | ||||||
14 | States, including but not
limited to the business of a | ||||||
15 | financial institution, corporate fiduciary, or
insurance | ||||||
16 | company, then such person or entity shall not be deemed to be | ||||||
17 | in
violation of this Section to the extent that privacy laws | ||||||
18 | and regulations
applicable to such person or entity prevent it | ||||||
19 | from voluntarily providing law
enforcement authorities or | ||||||
20 | judicial officers with information.
| ||||||
21 | (Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||||||
22 | 96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||||||
23 | 1-1-13.)
| ||||||
24 | (755 ILCS 5/2-6.6)
| ||||||
25 | Sec. 2-6.6. Person convicted of certain offenses against |
| |||||||
| |||||||
1 | the elderly or
disabled. A person who is convicted of a | ||||||
2 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
3 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012 may not receive any | ||||||
5 | property, benefit, or
other interest by reason of the death of | ||||||
6 | the victim of that offense, whether as
heir, legatee, | ||||||
7 | beneficiary, joint tenant, tenant by the entirety, survivor,
| ||||||
8 | appointee, or in any other capacity and whether the property, | ||||||
9 | benefit, or other
interest passes pursuant to any form of title | ||||||
10 | registration, testamentary or
nontestamentary instrument, | ||||||
11 | intestacy, renunciation, or any other circumstance.
The | ||||||
12 | property, benefit, or other interest shall pass as if the | ||||||
13 | person convicted
of a violation of Section 12-19, 12-21, | ||||||
14 | 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012
died | ||||||
16 | before the decedent; provided that with respect to joint | ||||||
17 | tenancy property
or property held in tenancy by the entirety, | ||||||
18 | the interest possessed prior to
the death by the person | ||||||
19 | convicted may not
be diminished by the application of this | ||||||
20 | Section. Notwithstanding the
foregoing, a person convicted of a | ||||||
21 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
22 | subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code | ||||||
23 | of 1961 or the Criminal Code of 2012 shall be entitled to | ||||||
24 | receive property, a
benefit, or an interest in any capacity and | ||||||
25 | under any circumstances described
in this Section if it is | ||||||
26 | demonstrated by clear and convincing evidence that the
victim |
| |||||||
| |||||||
1 | of that offense knew of the conviction and subsequent to the
| ||||||
2 | conviction expressed or ratified his or her intent to transfer | ||||||
3 | the property,
benefit, or interest to the person convicted of a | ||||||
4 | violation of Section 12-19,
12-21, 16-1.3, or 17-56, or | ||||||
5 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
6 | of 1961 or the Criminal Code of 2012 in any manner contemplated
| ||||||
7 | by this Section.
| ||||||
8 | The holder of any property subject to the provisions of | ||||||
9 | this Section
is not liable for distributing or releasing the | ||||||
10 | property to the person
convicted of violating Section 12-19, | ||||||
11 | 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||||||
12 | 12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of | ||||||
13 | 2012 .
| ||||||
14 | If the holder is a financial institution, trust company, | ||||||
15 | trustee, or
similar entity or person, the holder shall not be | ||||||
16 | liable for any distribution
or
release of the property, | ||||||
17 | benefit, or other interest to the person convicted of
a | ||||||
18 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
19 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012
unless the holder | ||||||
21 | knowingly distributes or releases the property, benefit, or
| ||||||
22 | other interest to the person so convicted after first having | ||||||
23 | received actual
written notice of the conviction in sufficient | ||||||
24 | time to act upon the notice.
| ||||||
25 | The Department of State Police shall have access to State | ||||||
26 | of Illinois
databases containing information that may help in |
| |||||||
| |||||||
1 | the identification or
location of persons convicted of the | ||||||
2 | offenses enumerated in this Section.
Interagency agreements | ||||||
3 | shall be implemented, consistent with security and
procedures | ||||||
4 | established by the State agency and consistent with the laws
| ||||||
5 | governing the confidentiality of the information in the | ||||||
6 | databases. Information
shall be used only for administration of | ||||||
7 | this Section.
| ||||||
8 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
9 | 96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||||||
10 | 1-1-13.)
| ||||||
11 | (755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1)
| ||||||
12 | Sec. 25-1. Payment or delivery of small estate of decedent | ||||||
13 | upon
affidavit. | ||||||
14 | (a) When any person or corporation (1) indebted to or | ||||||
15 | holding
personal estate of a decedent, (2) controlling the | ||||||
16 | right of access to
decedent's safe deposit box or (3) acting as | ||||||
17 | registrar or transfer agent
of any evidence of interest, | ||||||
18 | indebtedness, property or right is
furnished with a small | ||||||
19 | estate affidavit in substantially the
form hereinafter set | ||||||
20 | forth, that person or corporation shall pay the
indebtedness, | ||||||
21 | grant access to the safe deposit box, deliver the personal
| ||||||
22 | estate or transfer or issue the evidence of interest, | ||||||
23 | indebtedness,
property or right to persons and in the manner | ||||||
24 | specified in paragraph 11 of
the affidavit or to an agent | ||||||
25 | appointed as hereinafter set forth.
|
| |||||||
| |||||||
1 | (b) Small Estate Affidavit
| ||||||
2 | I, (name of affiant) , on oath state:
| ||||||
3 | 1. (a) My post office address is: ;
| ||||||
4 | (b) My residence address is: ; and
| ||||||
5 | (c) I understand that, if I am an out-of-state | ||||||
6 | resident, I submit myself
to the jurisdiction of Illinois | ||||||
7 | courts for all matters related to the preparation
and use of | ||||||
8 | this affidavit. My agent for service of process in Illinois is:
| ||||||
9 | NAME..........................
| ||||||
10 | ADDRESS.......................
| ||||||
11 | CITY..........................
| ||||||
12 | TELEPHONE (IF ANY)............
| ||||||
13 | I understand that if no person is named above as my agent for | ||||||
14 | service or,
if for any reason, service on the named person | ||||||
15 | cannot be effectuated, the
clerk of the circuit court of | ||||||
16 | ......(County) (Judicial Circuit) Illinois
is recognized by | ||||||
17 | Illinois law as my agent for service of process.
| ||||||
18 | 2. The decedent's name is ;
| ||||||
19 | 3. The date of the decedent's death was , and I | ||||||
20 | have
attached a copy of the death certificate hereto.
| ||||||
21 | 4. The decedent's place of residence immediately before his
| ||||||
22 | death was ;
| ||||||
23 | 5. No letters of office are now outstanding on the | ||||||
24 | decedent's estate and
no petition for letters is contemplated | ||||||
25 | or pending in Illinois or in any
other jurisdiction, to my | ||||||
26 | knowledge;
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | 6. The gross value of the decedent's entire personal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | estate, including
the value of all property passing to any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | party either by intestacy or
under a will, does not exceed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | $100,000. (Here, list each asset, e.g., cash,
stock, and its | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | fair market value.);
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Name Specific sum or property to be distributed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | The foregoing statement is made under the penalties of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | perjury*.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | .........................
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Signature of Affiant
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | *(Note: A fraudulent statement made under the penalties of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | perjury is
perjury, as defined in Section 32-2 of the Criminal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Code of 2012 1961 .)
|
| |||||||
| |||||||
1 | (c) Appointment of Agent. If safe deposit access is | ||||||
2 | involved or if sale
of any personal property is desirable to | ||||||
3 | facilitate distribution pursuant
to the small estate | ||||||
4 | affidavit, all persons named in paragraph 11 of the
small | ||||||
5 | estate affidavit (excluding minors and unascertained or | ||||||
6 | disabled
persons) may in writing appoint one or more persons as | ||||||
7 | their agent for that
purpose. The agent shall have power, | ||||||
8 | without court approval, to gain access
to, sell, and distribute | ||||||
9 | the property for the benefit of all persons named
in paragraph | ||||||
10 | 11 of the affidavit; and the payment, delivery, transfer,
| ||||||
11 | access or issuance shall be made or granted to or on the order | ||||||
12 | of the agent.
| ||||||
13 | (d) Release. Upon payment, delivery, transfer, access or | ||||||
14 | issuance
pursuant to a properly executed affidavit, the person | ||||||
15 | or corporation is
released to the same extent as if the | ||||||
16 | payment, delivery, transfer, access
or issuance had been made | ||||||
17 | or granted to the representative of the estate.
Such person or | ||||||
18 | corporation is not required to see to the application or
| ||||||
19 | disposition of the property; but each person to whom a payment, | ||||||
20 | delivery,
transfer, access or issuance is made or given is | ||||||
21 | answerable therefor to any
person having a prior right and is | ||||||
22 | accountable to any representative of the
estate.
| ||||||
23 | (e) The affiant signing the small estate affidavit prepared | ||||||
24 | pursuant to
subsection (b) of this Section shall indemnify and | ||||||
25 | hold harmless all creditors
and heirs of the decedent and other | ||||||
26 | persons relying upon the affidavit who
incur loss because of |
| |||||||
| |||||||
1 | such reliance. That indemnification shall only be
up to the | ||||||
2 | amount lost because of the act or omission of the affiant. Any
| ||||||
3 | person recovering under this subsection (e) shall be entitled | ||||||
4 | to reasonable
attorney's fees and the expenses of recovery.
| ||||||
5 | (f) The affiant of a small estate affidavit who is a | ||||||
6 | non-resident of
Illinois submits himself or herself to the | ||||||
7 | jurisdiction of Illinois courts
for all matters related to the | ||||||
8 | preparation or use of the affidavit. The
affidavit shall | ||||||
9 | provide the name, address, and phone number of a person
whom | ||||||
10 | the affiant names as his agent for service of process. If no | ||||||
11 | such
person is named or if, for any reason, service on the | ||||||
12 | named person cannot
be effectuated, the clerk of the circuit | ||||||
13 | court of the county or judicial
circuit of which the decedent | ||||||
14 | was a resident at the time of his death shall
be the agent for | ||||||
15 | service of process.
| ||||||
16 | (g) Any action properly taken under this Section, as | ||||||
17 | amended by Public Act 93-877, on or after August 6, 2004 (the | ||||||
18 | effective date of Public Act 93-877) is valid regardless of the | ||||||
19 | date of death of the decedent.
| ||||||
20 | (h) The changes made by this amendatory Act of the 96th | ||||||
21 | General Assembly apply to a decedent whose date of death is on | ||||||
22 | or after the effective date of this amendatory Act of the 96th
| ||||||
23 | General Assembly. | ||||||
24 | (Source: P.A. 96-968, eff. 7-2-10.)
| ||||||
25 | Section 790. The Illinois Power of Attorney Act is amended |
| |||||||
| |||||||
1 | by changing Sections 2-8, 2-10.3, and 2-10.5 as follows:
| ||||||
2 | (755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
| ||||||
3 | Sec. 2-8. Reliance on
document purporting to establish an
| ||||||
4 | agency. | ||||||
5 | (a) Any person who acts in good faith
reliance on a copy of
| ||||||
6 | a document purporting to establish an agency will be fully | ||||||
7 | protected and
released to
the same extent as though the reliant | ||||||
8 | had dealt directly with the
named
principal
as a | ||||||
9 | fully-competent person. The
named
agent shall furnish an | ||||||
10 | affidavit or Agent's Certification and Acceptance of Authority | ||||||
11 | to the
reliant on demand stating that the instrument relied on | ||||||
12 | is a true copy of
the agency and that, to the best of the
named
| ||||||
13 | agent's knowledge, the named principal is
alive and the | ||||||
14 | relevant powers of the
named
agent have not been altered or
| ||||||
15 | terminated; but good faith reliance on
a document purporting to | ||||||
16 | establish an agency will protect the reliant
without the | ||||||
17 | affidavit or Agent's Certification and Acceptance of | ||||||
18 | Authority. | ||||||
19 | (b) Upon request, the named agent in a power of attorney | ||||||
20 | shall furnish an Agent's Certification and Acceptance of | ||||||
21 | Authority to the reliant in substantially the following form: | ||||||
22 | AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||||||
23 | I, .......... (insert name of agent), certify that the |
| |||||||
| |||||||
1 | attached is a true copy of a power of attorney naming the | ||||||
2 | undersigned as agent or successor agent for ............. | ||||||
3 | (insert name of principal). | ||||||
4 | I certify that to the best of my knowledge the principal | ||||||
5 | had the capacity to execute the power of attorney, is alive, | ||||||
6 | and has not revoked the power of attorney; that my powers as | ||||||
7 | agent have not been altered or terminated; and that the power | ||||||
8 | of attorney remains in full force and effect. | ||||||
9 | I accept appointment as agent under this power of attorney. | ||||||
10 | This certification and acceptance is made under penalty of | ||||||
11 | perjury.* | ||||||
12 | Dated: ............ | ||||||
13 | ....................... | ||||||
14 | (Agent's Signature) | ||||||
15 | ....................... | ||||||
16 | (Print Agent's Name) | ||||||
17 | ....................... | ||||||
18 | (Agent's Address) | ||||||
19 | *(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||||||
20 | Code of 2012 1961 , and is a Class 3 felony.) | ||||||
21 | (c) Any person dealing with an agent
named in a copy of a | ||||||
22 | document purporting to establish an agency
may presume, in
the | ||||||
23 | absence of actual knowledge to the contrary, that the
document | ||||||
24 | purporting to establish the
agency was
validly executed,
that | ||||||
25 | the agency was validly established,
that the named principal |
| |||||||
| |||||||
1 | was competent at the time
of execution, and that, at the time | ||||||
2 | of reliance, the
named
principal is alive,
the agency
was | ||||||
3 | validly established
and has not terminated or been amended, the | ||||||
4 | relevant powers of the
named
agent were properly and validly | ||||||
5 | granted and have not terminated or
been amended, and the acts | ||||||
6 | of the
named
agent conform to the standards of this Act.
No | ||||||
7 | person relying on
a copy of a document purporting to establish | ||||||
8 | an agency shall be required to see to the application
of any | ||||||
9 | property delivered to or controlled by the
named
agent or to | ||||||
10 | question the
authority of the
named
agent. | ||||||
11 | (d) Each person to whom a direction by the named agent in
| ||||||
12 | accordance with the terms of the
copy of the document | ||||||
13 | purporting to establish an
agency is communicated shall comply | ||||||
14 | with
that direction, and any person who fails to comply | ||||||
15 | arbitrarily or without
reasonable cause shall be subject to | ||||||
16 | civil liability for any damages
resulting from noncompliance.
A | ||||||
17 | health care provider who complies with Section 4-7 shall not be
| ||||||
18 | deemed to have acted arbitrarily or without reasonable cause.
| ||||||
19 | (Source: P.A. 96-1195, eff. 7-1-11 .)
| ||||||
20 | (755 ILCS 45/2-10.3) | ||||||
21 | Sec. 2-10.3. Successor agents. | ||||||
22 | (a) A principal may designate one or more successor agents | ||||||
23 | to act if an initial or predecessor agent resigns, dies, | ||||||
24 | becomes incapacitated, is not qualified to serve, or declines | ||||||
25 | to serve. A principal may grant authority to another person, |
| |||||||
| |||||||
1 | designated by name, by office, or by function, including an | ||||||
2 | initial or successor agent, to designate one or more successor | ||||||
3 | agents. Unless a power of attorney otherwise provides, a | ||||||
4 | successor agent has the same authority as that granted to an | ||||||
5 | initial agent. | ||||||
6 | (b) An agent is not liable for the actions of another | ||||||
7 | agent, including a predecessor agent, unless the agent | ||||||
8 | participates in or conceals a breach of fiduciary duty | ||||||
9 | committed by the other agent. An agent who has knowledge of a | ||||||
10 | breach or imminent breach of fiduciary duty by another agent | ||||||
11 | must notify the principal and, if the principal is | ||||||
12 | incapacitated, take whatever actions may be reasonably | ||||||
13 | appropriate in the circumstances to safeguard the principal's | ||||||
14 | best interest. | ||||||
15 | (c) Any person who acts in good faith reliance on the | ||||||
16 | representation of a successor agent regarding the | ||||||
17 | unavailability of a predecessor agent will be fully protected | ||||||
18 | and released to the same extent as though the reliant had dealt | ||||||
19 | directly with the predecessor agent. Upon request, the | ||||||
20 | successor agent shall furnish an affidavit or Successor Agent's | ||||||
21 | Certification and Acceptance of Authority to the reliant, but | ||||||
22 | good faith reliance on a document purporting to establish an | ||||||
23 | agency will protect the reliant without the affidavit or | ||||||
24 | Successor Agent's Certification and Acceptance of Authority. A | ||||||
25 | Successor Agent's Certification and Acceptance of Authority | ||||||
26 | shall be in substantially the following form: |
| |||||||
| |||||||
1 | SUCCESSOR AGENT'S | ||||||
2 | CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||||||
3 | I certify that the attached is a true copy of a power of | ||||||
4 | attorney naming the undersigned as agent or successor agent for | ||||||
5 | .......... (insert name of principal). | ||||||
6 | I certify that to the best of my knowledge the principal | ||||||
7 | had the capacity to execute the power of attorney, is alive, | ||||||
8 | and has not revoked the power of attorney; that my powers as | ||||||
9 | agent have not been altered or terminated; and that the power | ||||||
10 | of attorney remains in full force and effect. | ||||||
11 | I certify that to the best of my knowledge .......... | ||||||
12 | (insert name of unavailable agent) is unavailable due to | ||||||
13 | ................. (specify death, resignation, absence, | ||||||
14 | illness, or other temporary incapacity). | ||||||
15 | I accept appointment as agent under this power of attorney. | ||||||
16 | This certification and acceptance is made under penalty of | ||||||
17 | perjury.* | ||||||
18 | Dated: ............ | ||||||
19 | ....................... | ||||||
20 | (Agent's Signature) | ||||||
21 | ....................... | ||||||
22 | (Print Agent's Name) | ||||||
23 | ....................... | ||||||
24 | (Agent's Address) |
| |||||||
| |||||||
1 | *(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||||||
2 | Code of 2012 1961 , and is a Class 3 felony.)
| ||||||
3 | (Source: P.A. 96-1195, eff. 7-1-11 .) | ||||||
4 | (755 ILCS 45/2-10.5)
| ||||||
5 | Sec. 2-10.5. Co-agents. | ||||||
6 | (a) Co-agents may not be named by a principal in a | ||||||
7 | statutory short form power of attorney for property under | ||||||
8 | Article III or a statutory short form power of attorney for | ||||||
9 | health care under Article IV. In the event that co-agents are | ||||||
10 | named in any other form of power of attorney, then the | ||||||
11 | provisions of this Section shall govern the use and acceptance | ||||||
12 | of co-agency designations. | ||||||
13 | (b) Unless the power of attorney or this Section otherwise | ||||||
14 | provides, authority granted to 2 or more co-agents is | ||||||
15 | exercisable only by their majority consent. However, if prompt | ||||||
16 | action is required to accomplish the purposes of the power of | ||||||
17 | attorney or to avoid irreparable injury to the principal's | ||||||
18 | interests and an agent is unavailable because of absence, | ||||||
19 | illness, or other temporary incapacity, the other agent or | ||||||
20 | agents may act for the principal. If a vacancy occurs in one or | ||||||
21 | more of the designations of agent under a power of attorney, | ||||||
22 | the remaining agent or agents may act for the principal. | ||||||
23 | (c) An agent is not liable for the actions of another | ||||||
24 | agent, including a co-agent or predecessor agent, unless the | ||||||
25 | agent participates in or conceals a breach of fiduciary duty |
| |||||||
| |||||||
1 | committed by the other agent. An agent who has knowledge of a | ||||||
2 | breach or imminent breach of fiduciary duty by another agent | ||||||
3 | must notify the principal and, if the principal is | ||||||
4 | incapacitated, take whatever actions may be reasonably | ||||||
5 | appropriate in the circumstances to safeguard the principal's | ||||||
6 | best interest. | ||||||
7 | (d) Any person who acts in good faith reliance on the | ||||||
8 | representation of a co-agent regarding the unavailability of a | ||||||
9 | predecessor agent or one or more co-agents, or the need for | ||||||
10 | prompt action to accomplish the purposes of the power of | ||||||
11 | attorney or to avoid irreparable injury to the principal's | ||||||
12 | interests, will be fully protected and released to the same | ||||||
13 | extent as though the reliant had dealt directly with all named | ||||||
14 | agents. Upon request, the co-agent shall furnish an affidavit | ||||||
15 | or Co-Agent's Certification and Acceptance of Authority to the | ||||||
16 | reliant, but good faith reliance on a document purporting to | ||||||
17 | establish an agency will protect the reliant without the | ||||||
18 | affidavit or Co-Agent's Certification and Acceptance of | ||||||
19 | Authority. A Co-Agent's Certification and Acceptance of | ||||||
20 | Authority shall be in substantially the following form: | ||||||
21 | CO-AGENT'S | ||||||
22 | CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||||||
23 | I certify that the attached is a true copy of a power of | ||||||
24 | attorney naming the undersigned as agent or co-agent for |
| |||||||
| |||||||
1 | .......... (insert name of principal). | ||||||
2 | I certify that to the best of my knowledge the principal | ||||||
3 | had the capacity to execute the power of attorney, is alive, | ||||||
4 | and has not revoked the power of attorney; that my powers as | ||||||
5 | agent have not been altered or terminated; and that the power | ||||||
6 | of attorney remains in full force and effect. | ||||||
7 | I certify that to the best of my knowledge .......... | ||||||
8 | (insert name of unavailable agent) is unavailable due to | ||||||
9 | ................. (specify death, resignation, absence, | ||||||
10 | illness, or other temporary incapacity). | ||||||
11 | I certify that prompt action is required to accomplish the | ||||||
12 | purposes of the power of attorney or to avoid irreparable | ||||||
13 | injury to the principal's interests. | ||||||
14 | I accept appointment as agent under this power of attorney. | ||||||
15 | This certification and acceptance is made under penalty of | ||||||
16 | perjury.* | ||||||
17 | Dated: ............ | ||||||
18 | ....................... | ||||||
19 | (Agent's Signature) | ||||||
20 | ....................... | ||||||
21 | (Print Agent's Name) | ||||||
22 | ....................... | ||||||
23 | (Agent's Address) | ||||||
24 | *(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||||||
25 | Code of 2012 1961 , and is a Class 3 felony.)
| ||||||
26 | (Source: P.A. 96-1195, eff. 7-1-11 .) |
| |||||||
| |||||||
1 | Section 795. The Charitable Trust Act is amended by | ||||||
2 | changing Section 16.5 as follows:
| ||||||
3 | (760 ILCS 55/16.5)
| ||||||
4 | Sec. 16.5. Terrorist acts.
| ||||||
5 | (a) Any person or organization subject to registration | ||||||
6 | under
this Act, who knowingly acts to further, directly or | ||||||
7 | indirectly, or knowingly
uses charitable
assets to conduct or | ||||||
8 | further, directly or indirectly, an act or actions as set
forth | ||||||
9 | in Article 29D of the Criminal Code of 2012 1961 , is thereby | ||||||
10 | engaged in an act
or actions contrary to public policy and | ||||||
11 | antithetical to charity, and all of
the funds, assets, and | ||||||
12 | records of the person or organization shall be
subject to | ||||||
13 | temporary and permanent injunction from use or expenditure and | ||||||
14 | the
appointment of a temporary and permanent receiver to take | ||||||
15 | possession of all of
the assets and related records.
| ||||||
16 | (b) An ex parte action may be commenced by the Attorney
| ||||||
17 | General, and, upon a showing of probable cause of a
violation | ||||||
18 | of this Section or Article 29D of the Criminal Code
of 2012 | ||||||
19 | 1961 , an immediate seizure of books and records
by the Attorney | ||||||
20 | General by and through his or her assistants
or investigators | ||||||
21 | or the Department of State Police and freezing of all assets
| ||||||
22 | shall be
made by order of a court to protect the public, | ||||||
23 | protect the
assets, and allow a full review of the records.
| ||||||
24 | (c) Upon a finding by a court after a hearing that a person |
| |||||||
| |||||||
1 | or
organization has acted or is in violation of this Section, | ||||||
2 | the person
or organization shall be permanently enjoined from | ||||||
3 | soliciting funds from
the public, holding charitable funds, or | ||||||
4 | acting as a trustee or fiduciary
within Illinois. Upon a | ||||||
5 | finding of violation all assets and funds
held by the person or | ||||||
6 | organization shall be forfeited to the People of
the State of | ||||||
7 | Illinois or otherwise ordered by the court to be accounted
for | ||||||
8 | and marshaled and then delivered to charitable causes and uses | ||||||
9 | within
the State of Illinois by court order.
| ||||||
10 | (d) A determination under this Section may be made by any
| ||||||
11 | court separate and apart from any criminal
proceedings and the | ||||||
12 | standard of proof shall be that for civil proceedings.
| ||||||
13 | (e) Any knowing use of charitable assets to conduct or | ||||||
14 | further, directly or
indirectly, an act or actions set forth in | ||||||
15 | Article 29D of the Criminal Code of
2012 1961 shall be a misuse | ||||||
16 | of charitable assets and breach of fiduciary duty
relative to | ||||||
17 | all other Sections of this Act.
| ||||||
18 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
19 | Section 800. The Land Trust Beneficial Interest Disclosure | ||||||
20 | Act is amended by changing Section 3 as follows:
| ||||||
21 | (765 ILCS 405/3) (from Ch. 148, par. 73)
| ||||||
22 | Sec. 3.
False
verification - Perjury.
Whoever, in swearing | ||||||
23 | to, or affirming, an application or statement as required under
| ||||||
24 | this Act, makes a false statement as to the identification of |
| |||||||
| |||||||
1 | beneficiaries
of a land trust, or which is material to an issue | ||||||
2 | or point in question in
such application or statement, or who, | ||||||
3 | having taken a lawful oath or made affirmation,
shall testify | ||||||
4 | willfully and falsely as to any of such matters for the
purpose | ||||||
5 | of inducing the approval of any such benefit, authorization,
| ||||||
6 | license or permit, or who shall suborn any other person to so | ||||||
7 | swear, affirm
or testify, is guilty of perjury or subornation | ||||||
8 | of perjury, as the case may
be, and upon conviction thereof, | ||||||
9 | shall be sentenced as provided in Sections
32-2 or 32-3, | ||||||
10 | respectively, of the Criminal Code of 2012 1961, as amended, | ||||||
11 | for
such offenses .
| ||||||
12 | (Source: P.A. 85-747.)
| ||||||
13 | Section 805. The Landlord and Tenant Act is amended by | ||||||
14 | changing Section 10 as follows: | ||||||
15 | (765 ILCS 705/10) | ||||||
16 | Sec. 10.
Failure to inform lessor who is a child sex | ||||||
17 | offender and who resides in the same building in which the | ||||||
18 | lessee resides or intends to reside that the lessee is a parent | ||||||
19 | or guardian of a child under 18 years of age. If a lessor of | ||||||
20 | residential real estate resides at such real estate and is a | ||||||
21 | child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 and | ||||||
23 | rents such real estate to a person who does not inform the | ||||||
24 | lessor that the person is a parent or guardian of a child or |
| |||||||
| |||||||
1 | children under 18 years of age and subsequent to such lease, | ||||||
2 | the lessee discovers that the landlord is a child sex offender, | ||||||
3 | then the lessee may not terminate the lease based upon such | ||||||
4 | discovery that the lessor is a child sex offender and such | ||||||
5 | lease shall be in full force and effect. This subsection shall | ||||||
6 | apply only to leases or other rental arrangements entered into | ||||||
7 | after the effective date of this amendatory Act of the 95th | ||||||
8 | General Assembly. | ||||||
9 | (Source: P.A. 95-820, eff. 1-1-09; 96-1551, eff. 7-1-11 .) | ||||||
10 | Section 810. The Safe Homes Act is amended by changing | ||||||
11 | Section 10 as follows: | ||||||
12 | (765 ILCS 750/10)
| ||||||
13 | Sec. 10. Definitions. For purposes of this Act: | ||||||
14 | "Domestic violence" means "abuse" as defined in Section 103 | ||||||
15 | of the Illinois Domestic Violence Act of 1986 by a "family or | ||||||
16 | household member" as defined in Section 103 of the Illinois | ||||||
17 | Domestic Violence Act of 1986. | ||||||
18 | "Landlord" means the owner of a building or the owner's | ||||||
19 | agent with regard to matters concerning landlord's leasing of a | ||||||
20 | dwelling. | ||||||
21 | "Sexual violence" means any act of sexual assault, sexual | ||||||
22 | abuse, or stalking of an adult or minor child, including but | ||||||
23 | not limited to non-consensual sexual conduct or non-consensual | ||||||
24 | sexual penetration as defined in the Civil No Contact Order Act |
| |||||||
| |||||||
1 | and the offenses of stalking, aggravated stalking, criminal | ||||||
2 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
3 | criminal sexual assault of a child, criminal sexual abuse, and | ||||||
4 | aggravated criminal sexual abuse as those offenses are | ||||||
5 | described in the Criminal Code of 2012 1961 . | ||||||
6 | "Tenant" means a person who has entered into an oral or | ||||||
7 | written lease with a landlord whereby the person is the lessee | ||||||
8 | under the lease.
| ||||||
9 | (Source: P.A. 94-1038, eff. 1-1-07.) | ||||||
10 | Section 815. The Cemetery Protection Act is amended by | ||||||
11 | changing Section 16 as follows:
| ||||||
12 | (765 ILCS 835/16)
| ||||||
13 | Sec. 16. When a multiple interment right owner becomes | ||||||
14 | deceased, the
ownership of any
unused rights of interment shall | ||||||
15 | pass in accordance with the specific bequest
in the decedent's | ||||||
16 | will. If there is no will or specific bequest then the | ||||||
17 | ownership and use
of the unused rights of interment shall be | ||||||
18 | determined by a cemetery authority
in
accordance with the | ||||||
19 | information set out on a standard affidavit for cemetery
| ||||||
20 | interment rights use form if such a form has been prepared. The | ||||||
21 | unused right
of interment shall be
used for the interment of | ||||||
22 | the first
deceased heir listed on the standard affidavit and | ||||||
23 | continue in sequence until
all listed heirs are deceased. In | ||||||
24 | the event that an interment right is not
used,
the interment |
| |||||||
| |||||||
1 | right shall pass to the heirs of the heirs of the deceased
| ||||||
2 | interment right owner in perpetuity. Except as otherwise | ||||||
3 | provided in this Section, this shall not preclude the ability | ||||||
4 | of
the heirs to sell said interment rights, in the event that | ||||||
5 | all listed living
heirs are in agreement, and it shall not | ||||||
6 | preclude the ability of a 2/3 majority of the living heirs to | ||||||
7 | sell a specific interment right to the spouse of a living or | ||||||
8 | deceased heir. If the standard affidavit for cemetery interment
| ||||||
9 | rights use, showing heirship of decedent
interment right | ||||||
10 | owner's living heirs is provided to and followed by a cemetery
| ||||||
11 | authority, the
cemetery authority shall be released of any | ||||||
12 | liability in relying on that
affidavit.
| ||||||
13 | The following is the form of the standard affidavit:
| ||||||
14 | STATE OF ILLINOIS )
| ||||||
15 | ) SS
| ||||||
16 | COUNTY OF ....................)
| ||||||
17 | AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
| ||||||
18 | I, .............., being first duly sworn on oath depose and | ||||||
19 | say that:
| ||||||
20 | 1. A. My place of residence is ........................
| ||||||
21 | B. My post office address is .......................
| ||||||
22 | C. I understand that I am providing the information | ||||||
23 | contained in this
affidavit to the ............ | ||||||
24 | ("Cemetery") and the Cemetery shall, in the
absence of |
| |||||||
| |||||||
1 | directions to the contrary in my will, rely on this | ||||||
2 | information to
allow the listed individuals to be interred | ||||||
3 | in any unused interment rights in
the order of their death.
| ||||||
4 | D. I understand that, if I am an out-of-state resident, | ||||||
5 | I submit
myself to the jurisdiction of Illinois courts for | ||||||
6 | all matters related to the
preparation and use of this | ||||||
7 | affidavit. My agent for service of process in
Illinois is:
| ||||||
8 | Name ................. Address .....................
| ||||||
9 | City ................. Telephone ...................
| ||||||
10 | Items 2 through 6 must be completed by the executor of the | ||||||
11 | decedent's
estate, a personal representative, owner's | ||||||
12 | surviving spouse, or surviving
heir.
| ||||||
13 | 2. The decedent's name is ..............................
| ||||||
14 | 3. The date of decedent's death was ....................
| ||||||
15 | 4. The decedent's place of residence immediately before
his | ||||||
16 | or her death was ........................................
| ||||||
17 | 5. My relationship to the decedent is .................. | ||||||
18 | and I am authorized to sign and file this affidavit.
| ||||||
19 | 6. At the time of death, the decedent (had no) (had a) | ||||||
20 | surviving spouse.
The name of the surviving spouse, if any, is | ||||||
21 | ....................., and
he or she (has) (has not) remarried.
| ||||||
22 | 7. The following is a list of the cemetery interment rights
| ||||||
23 | that may be used by the heirs if the owner is deceased:
| ||||||
24 | .............................................................
| ||||||
25 | .............................................................
|
| |||||||
| |||||||
1 | 8. The following persons have an ownership interest in and | ||||||
2 | the right to use the cemetery interment rights
in the order of | ||||||
3 | their death:
| ||||||
4 | .......................... Address ..........................
| ||||||
5 | .......................... Address ..........................
| ||||||
6 | .......................... Address ..........................
| ||||||
7 | .......................... Address ..........................
| ||||||
8 | .......................... Address ..........................
| ||||||
9 | .......................... Address ..........................
| ||||||
10 | .......................... Address ..........................
| ||||||
11 | 9. This affidavit is made for the purpose of obtaining the | ||||||
12 | consent of the
undersigned to transfer the right of interment | ||||||
13 | at the above mentioned cemetery
property to the listed heirs. | ||||||
14 | Affiants agree that they will save, hold
harmless, and | ||||||
15 | indemnify Cemetery, its heirs, successors, employees, and
| ||||||
16 | assigns, from all claims, loss, or damage whatsoever that may | ||||||
17 | result from
relying on this affidavit to record said transfer | ||||||
18 | in its records and allow
interments on the basis of the | ||||||
19 | information contained in this affidavit.
| ||||||
20 | WHEREFORE affiant requests Cemetery to recognize the above | ||||||
21 | named
heirs-at-law as those rightfully entitled to the | ||||||
22 | ownership of and use of said interment
(spaces) (space).
| ||||||
23 | THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
| ||||||
24 | (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS |
| |||||||
| |||||||
1 | PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 2012 1961 .)
| ||||||
2 | Dated this ........ day of .............., .....
| ||||||
3 | ................... (Seal) (To be signed by the owner or | ||||||
4 | the individual who
completes items 2 through 6 above.)
| ||||||
5 | Subscribed and sworn to before me, a Notary Public in and for | ||||||
6 | the County and
State of .............. aforesaid
this ........ | ||||||
7 | day of ..............., .....
| ||||||
8 | ............................ Notary Public.
| ||||||
9 | (Source: P.A. 93-772, eff. 1-1-05; 94-520, eff. 8-10-05.)
| ||||||
10 | Section 820. The Counterfeit Trademark Act is amended by | ||||||
11 | changing Section 9 as follows:
| ||||||
12 | (765 ILCS 1040/9)
| ||||||
13 | Sec. 9. Seizure and disposition.
| ||||||
14 | (a) A peace officer shall, upon probable cause, seize any | ||||||
15 | counterfeit items, counterfeit marks, or any component of that | ||||||
16 | merchandise
knowingly possessed in violation of this Act.
| ||||||
17 | (b) A peace officer shall seize any vehicle, aircraft, | ||||||
18 | vessel, machinery or
other instrumentality which the
officer | ||||||
19 | reasonably believed was knowingly used to commit or facilitate | ||||||
20 | a violation of
this Act.
| ||||||
21 | (c) A peace officer shall, upon probable cause, seize any | ||||||
22 | proceeds resulting from a violation of this Act. |
| |||||||
| |||||||
1 | (d) Seized counterfeit goods shall be destroyed upon the | ||||||
2 | written consent of
the
defendant or by judicial determination | ||||||
3 | that the seized goods are counterfeit
items or otherwise bear | ||||||
4 | the trademark, trade name or service mark without the
| ||||||
5 | authorization of the owner, unless another disposition of the | ||||||
6 | goods is
consented to by the owner of the trademark, trade
name | ||||||
7 | or service mark.
| ||||||
8 | The seizure and forfeiture of vehicles, aircraft, vessels, | ||||||
9 | machinery, or
other instrumentalities provided for by this | ||||||
10 | Section shall be carried out in
the same manner and pursuant to | ||||||
11 | the same procedures as provided in Article 36
of the Criminal | ||||||
12 | Code of 2012 1961 with respect to vessels, vehicles, and
| ||||||
13 | aircraft.
| ||||||
14 | (Source: P.A. 96-631, eff. 1-1-10.)
| ||||||
15 | Section 825. The Illinois Human Rights Act is amended by | ||||||
16 | changing Section 4-101 as follows:
| ||||||
17 | (775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
| ||||||
18 | Sec. 4-101. Definitions.
The following definitions are | ||||||
19 | applicable strictly
in the context of this Article:
| ||||||
20 | (A) Credit Card. "Credit card" has the meaning set forth in | ||||||
21 | Section 17-0.5 of the Criminal Code of 2012 1961 .
| ||||||
22 | (B) Financial Institution. "Financial institution" means | ||||||
23 | any bank, credit
union, insurance company, mortgage banking | ||||||
24 | company or savings and loan
association which operates or has a |
| |||||||
| |||||||
1 | place of business in this State.
| ||||||
2 | (C) Loan. "Loan" includes, but is not limited to, the | ||||||
3 | providing of funds,
for consideration, which are sought for: | ||||||
4 | (1) the purpose of purchasing,
constructing, improving, | ||||||
5 | repairing, or maintaining a housing accommodation
as that term | ||||||
6 | is defined in paragraph (C) of Section 3-101; or (2) any | ||||||
7 | commercial or
industrial purposes.
| ||||||
8 | (D) Varying Terms. "Varying the terms of a loan" includes, | ||||||
9 | but is not
limited to, the following practices:
| ||||||
10 | (1) Requiring a greater down payment than is usual for | ||||||
11 | the particular
type of a loan involved.
| ||||||
12 | (2) Requiring a shorter period of amortization than is | ||||||
13 | usual for the
particular type of loan involved.
| ||||||
14 | (3) Charging a higher interest rate than is usual for | ||||||
15 | the particular type
of loan involved.
| ||||||
16 | (4) An under appraisal of real estate or other item of | ||||||
17 | property offered as security.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
19 | Section 830. The Business Corporation Act of 1983 is | ||||||
20 | amended by changing Section 8.70 as follows:
| ||||||
21 | (805 ILCS 5/8.70) (from Ch. 32, par. 8.70)
| ||||||
22 | Sec. 8.70. Kickbacks, bribes, etc. -Liability of officers | ||||||
23 | or directors.
Any Corporate director or officer who commits | ||||||
24 | commercial bribery or commercial bribe
receiving as defined in |
| |||||||
| |||||||
1 | Article 29A 29 of the " Criminal Code of 2012 1961" , shall
be | ||||||
2 | liable to the corporation which he or she serves as officer or | ||||||
3 | director for
treble damages, based on the aggregate amount | ||||||
4 | given or received plus attorneys'
fees. A conviction in a | ||||||
5 | criminal proceeding for a commercial bribery or
commercial | ||||||
6 | bribe receiving shall be deemed prima facie evidence of the | ||||||
7 | convicted
director's or officer's liability under this | ||||||
8 | Section.
| ||||||
9 | (Source: P.A. 83-1025.)
| ||||||
10 | Section 835. The Assumed Business Name Act is amended by | ||||||
11 | changing Section 4 as follows:
| ||||||
12 | (805 ILCS 405/4) (from Ch. 96, par. 7)
| ||||||
13 | Sec. 4.
This Act shall in no way affect or apply to any | ||||||
14 | corporation,
limited liability company, limited partnership, | ||||||
15 | or limited liability
partnership duly
organized under the laws | ||||||
16 | of this State, or any corporation, limited liability
company, | ||||||
17 | limited partnership, or limited liability partnership
| ||||||
18 | organized under
the laws of any other State and lawfully doing | ||||||
19 | business in this State, nor
shall this Act be deemed or | ||||||
20 | construed to prevent the lawful use of a
partnership name or | ||||||
21 | designation, provided that such partnership shall
include the | ||||||
22 | true, real name of such person or persons transacting said
| ||||||
23 | business or partnership nor shall it be construed as in any way | ||||||
24 | affecting
subdivision (a)(8) or subsection (c) of Section 17-2 |
| |||||||
| |||||||
1 | of the Criminal Code of 2012 1961 .
This Act shall in no way | ||||||
2 | affect or apply to testamentary or other express
trusts where | ||||||
3 | the business is carried on in the name of the trust and such
| ||||||
4 | trust is created by will or other instrument in writing under | ||||||
5 | which title
to the trust property is vested in a designated | ||||||
6 | trustee or trustees for the
use and benefit of the cestuis que | ||||||
7 | trustent.
| ||||||
8 | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11 .)
| ||||||
9 | Section 840. The Uniform Commercial Code is amended by | ||||||
10 | changing Section 3-505A as follows:
| ||||||
11 | (810 ILCS 5/3-505A) (from Ch. 26, par. 3-505A)
| ||||||
12 | Sec. 3-505A.
Provision of credit card number as a condition | ||||||
13 | of check
cashing or acceptance prohibited.
| ||||||
14 | (1) No person may record the number of a credit card given | ||||||
15 | as
identification or given as proof of creditworthiness when | ||||||
16 | payment for goods
or services is made by check or draft other | ||||||
17 | than a transaction in which the
check or draft is issued in | ||||||
18 | payment of the credit card designated by the
credit card | ||||||
19 | number.
| ||||||
20 | (2) This Section shall not prohibit a person from | ||||||
21 | requesting a purchaser
to display a credit card as indication | ||||||
22 | of creditworthiness and financial
responsibility or as | ||||||
23 | additional identification, but the only information
concerning | ||||||
24 | a credit card which may be recorded is the type of credit card
|
| |||||||
| |||||||
1 | so displayed and the issuer of the credit card. This Section | ||||||
2 | shall not
require acceptance of a check or draft whether or not | ||||||
3 | a credit card is
presented.
| ||||||
4 | (3) This Section shall not prohibit a person from | ||||||
5 | requesting or receiving
a credit card number or expiration date | ||||||
6 | and recording the number or date,
or both, in lieu of a deposit | ||||||
7 | to secure payment in the event of default,
loss, damage, or | ||||||
8 | other occurrence.
| ||||||
9 | (4) This Section shall not prohibit a person from recording | ||||||
10 | a credit card
number and expiration date as a condition for | ||||||
11 | cashing or accepting a check
or draft if that person, firm, | ||||||
12 | partnership or association has agreed with
the card issuer to | ||||||
13 | cash or accept checks and share drafts from the issuer's
| ||||||
14 | cardholders and the issuer guarantees cardholder checks and | ||||||
15 | drafts cashed
or accepted by that person.
| ||||||
16 | (5) Recording a credit card number in connection with a | ||||||
17 | sale of goods or
services in which the purchaser pays by check | ||||||
18 | or draft, or in connection
with the acceptance of a check or | ||||||
19 | draft, is a business offense with a fine
not to exceed $500.
| ||||||
20 | As used in this Section, credit card has the meaning as
| ||||||
21 | defined in Section 17-0.5 of the Criminal Code of 2012 1961 .
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
23 | Section 845. The Illinois Securities Law of 1953 is amended | ||||||
24 | by changing Section 7a as follows:
|
| |||||||
| |||||||
1 | (815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
| ||||||
2 | Sec. 7a.
(a) Except as provided in subsection (b) of this | ||||||
3 | Section,
no securities, issued by an issuer engaged in or | ||||||
4 | deriving revenues from the
conduct of any business or | ||||||
5 | profession, the conduct of which would violate
Section 11-14, | ||||||
6 | 11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), or | ||||||
7 | (a)(3) or that involves soliciting for a juvenile prostitute, | ||||||
8 | 11-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of the
Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 , as now or hereafter | ||||||
10 | amended, if conducted in this
State, shall be sold or | ||||||
11 | registered pursuant to Section 5, 6 or 7 of this
Act nor sold | ||||||
12 | pursuant to the provisions of Section 3 or 4 of this Act.
| ||||||
13 | (b) Notwithstanding the provisions of subsection (a) | ||||||
14 | hereof, such
securities issued prior to the effective date of | ||||||
15 | this amendatory Act of
1989 may be sold by a resident of this | ||||||
16 | State in transactions which qualify
for an exemption from the | ||||||
17 | registration requirements of this Act pursuant to
subsection A | ||||||
18 | of Section 4 of this Act.
| ||||||
19 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
20 | Section 850. The Credit Card Issuance Act is amended by | ||||||
21 | changing Section 1 as follows:
| ||||||
22 | (815 ILCS 140/1) (from Ch. 17, par. 6001)
| ||||||
23 | Sec. 1. As used in this Act: | ||||||
24 | (a) "Credit card" has the meaning set forth in
Section |
| |||||||
| |||||||
1 | 17-0.5 of the Criminal Code of 2012 1961 , but does not
include | ||||||
2 | "debit card" as defined in that Section, which can also be
used | ||||||
3 | to obtain money, goods, services and anything else of value on
| ||||||
4 | credit, nor shall it include any negotiable instrument as | ||||||
5 | defined in the
Uniform Commercial Code, as now or hereafter | ||||||
6 | amended; | ||||||
7 | (b) "Merchant credit
card agreement" means a written | ||||||
8 | agreement between a seller of goods,
services or both, and the | ||||||
9 | issuer of a credit card to any other party,
pursuant to which | ||||||
10 | the seller is obligated to accept credit cards; and | ||||||
11 | (c)
"Credit card transaction" means a purchase and sale of | ||||||
12 | goods, services or
both, in which a seller, pursuant to a | ||||||
13 | merchant credit card agreement, is
obligated to accept a credit | ||||||
14 | card and does accept the credit card in
connection with such | ||||||
15 | purchase and sale.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
17 | Section 855. The Credit Card Liability Act is amended by | ||||||
18 | changing Section 1 as follows:
| ||||||
19 | (815 ILCS 145/1) (from Ch. 17, par. 6101)
| ||||||
20 | Sec. 1. (a) No person in whose name a credit card is issued | ||||||
21 | without his
having requested or applied for the card or for the | ||||||
22 | extension of the credit or
establishment of a charge account | ||||||
23 | which that card evidences is liable to
the issuer of the card | ||||||
24 | for any purchases made or other amounts owing by a
use of that |
| |||||||
| |||||||
1 | card from which he or a member of his family or household
| ||||||
2 | derive no benefit unless he has indicated his acceptance of the | ||||||
3 | card by
signing or using the card or by permitting or | ||||||
4 | authorizing use of the card
by another. A mere failure to | ||||||
5 | destroy or return an unsolicited card is not
such an | ||||||
6 | indication. As used in this Act, "credit card" has the meaning
| ||||||
7 | ascribed to it in Section 17-0.5 of the Criminal Code of 2012 | ||||||
8 | 1961 , except that
it does not include a card issued by any | ||||||
9 | telephone company that is subject
to supervision or regulation | ||||||
10 | by the Illinois Commerce Commission or other
public authority.
| ||||||
11 | (b) When an action is brought by an issuer against the | ||||||
12 | person named on
the card, the burden of proving the request, | ||||||
13 | application, authorization,
permission, use or benefit as set | ||||||
14 | forth in Section 1 hereof shall be upon
plaintiff if put in | ||||||
15 | issue by defendant. In the event of judgment for
defendant, the | ||||||
16 | court shall allow defendant a reasonable attorney's fee, to
be | ||||||
17 | taxed as costs.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
19 | Section 860. The Interest Act is amended by changing | ||||||
20 | Section 4.1 as follows:
| ||||||
21 | (815 ILCS 205/4.1) (from Ch. 17, par. 6405)
| ||||||
22 | Sec. 4.1. The term "revolving credit" means an arrangement, | ||||||
23 | including by
means of a credit card as defined in Section | ||||||
24 | 17-0.5 of the Criminal Code of 2012 1961 between a lender and |
| |||||||
| |||||||
1 | debtor pursuant to which it is contemplated or
provided that | ||||||
2 | the lender may from time to time make loans or advances to or
| ||||||
3 | for the account of the debtor through the means of drafts, | ||||||
4 | items, orders
for the payment of money, evidences of debt or | ||||||
5 | similar written instruments,
whether or not negotiable, signed | ||||||
6 | by the debtor or by any person authorized
or permitted so to do | ||||||
7 | on behalf of the debtor, which loans or advances are
charged to | ||||||
8 | an account in respect of which account the lender is to render
| ||||||
9 | bills or statements to the debtor at regular intervals | ||||||
10 | (hereinafter
sometimes referred to as the "billing cycle") the | ||||||
11 | amount of which bills or
statements is payable by and due from | ||||||
12 | the debtor on a specified date stated
in such bill or statement | ||||||
13 | or at the debtor's option, may be payable by the
debtor in | ||||||
14 | installments. A revolving credit arrangement which grants the
| ||||||
15 | debtor a line of credit in excess of $5,000 may include | ||||||
16 | provisions
granting the lender a security interest in real | ||||||
17 | property or in a
beneficial interest in a land trust to secure | ||||||
18 | amounts
of credit extended by the lender.
Credit extended or | ||||||
19 | available under a revolving credit plan operated in
accordance | ||||||
20 | with the Illinois Financial Services Development Act shall be
| ||||||
21 | deemed to be "revolving credit" as defined in this Section 4.1 | ||||||
22 | but shall not
be subject to Sections 4.1a, 4.2 or 4.3 hereof.
| ||||||
23 | Whenever a lender is granted a security interest in real | ||||||
24 | property or
in a beneficial interest in a land trust, the | ||||||
25 | lender shall disclose the
existence of such interest to the | ||||||
26 | borrower in compliance with the Federal
Truth in Lending Act, |
| |||||||
| |||||||
1 | amendments thereto, and any regulations issued or
which may be | ||||||
2 | issued thereunder, and shall agree to pay all expenses,
| ||||||
3 | including recording fees and otherwise, to release any such | ||||||
4 | security interest
of record whenever it no longer secures any | ||||||
5 | credit under a revolving credit
arrangement. A lender shall not | ||||||
6 | be granted a security interest in any real
property or in any | ||||||
7 | beneficial interest in a land trust under a
revolving credit | ||||||
8 | arrangement, or if any such security interest
exists, such | ||||||
9 | interest shall be released, if a borrower renders payment of
| ||||||
10 | the total outstanding balance due under the revolving credit | ||||||
11 | arrangement
and requests in writing to reduce the line of | ||||||
12 | credit below that
amount for which a security interest in real | ||||||
13 | property or in a beneficial
interest in a land trust may be | ||||||
14 | required by
a lender. Any request by a borrower to release a | ||||||
15 | security interest under a
revolving credit arrangement shall be | ||||||
16 | granted by the lender provided the
borrower renders payment of | ||||||
17 | the total outstanding balance as required by
this Section | ||||||
18 | before the security interest of record may be released.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
20 | Section 870. The Consumer Fraud and Deceptive Business | ||||||
21 | Practices Act is amended by changing Sections 2MM, 2NN, and 2VV | ||||||
22 | as follows:
| ||||||
23 | (815 ILCS 505/2MM)
| ||||||
24 | Sec. 2MM. Verification of accuracy of consumer reporting |
| |||||||
| |||||||
1 | information used to
extend consumers credit and security freeze | ||||||
2 | on credit reports. | ||||||
3 | (a) A credit card issuer who mails an offer or solicitation | ||||||
4 | to apply for a
credit card and who receives a completed | ||||||
5 | application in response to the offer
or
solicitation which | ||||||
6 | lists an address that is not substantially the same as the
| ||||||
7 | address on the offer or solicitation may not issue a credit | ||||||
8 | card based on that
application until reasonable steps have been | ||||||
9 | taken to verify the applicant's
change of address.
| ||||||
10 | (b) Any person who uses a consumer credit report in | ||||||
11 | connection with the
approval of credit based on the application | ||||||
12 | for an extension of credit, and who
has received notification | ||||||
13 | of a police report filed with a consumer reporting
agency that | ||||||
14 | the applicant has been a victim of financial
identity theft, as | ||||||
15 | defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 | ||||||
16 | or the Criminal Code of 2012 , may
not lend money or extend | ||||||
17 | credit without taking reasonable steps to verify the
consumer's | ||||||
18 | identity and confirm that the application for an extension of
| ||||||
19 | credit
is not the result of financial identity theft.
| ||||||
20 | (c) A consumer may request that a security freeze be placed | ||||||
21 | on his or her credit report by sending a request in writing by | ||||||
22 | certified mail to a consumer reporting agency at an address | ||||||
23 | designated by the consumer reporting agency to receive such | ||||||
24 | requests. This subsection (c) does not prevent a consumer | ||||||
25 | reporting agency from advising a third party that a security | ||||||
26 | freeze is in effect with respect to the consumer's credit |
| |||||||
| |||||||
1 | report.
| ||||||
2 | (d) A consumer reporting agency shall place a security | ||||||
3 | freeze on a consumer's credit report no later than 5 business | ||||||
4 | days after receiving a written request from the consumer:
| ||||||
5 | (1) a written request described in subsection (c); | ||||||
6 | (2) proper identification; and | ||||||
7 | (3) payment of a fee, if applicable.
| ||||||
8 | (e) Upon placing the security freeze on the consumer's | ||||||
9 | credit report, the consumer reporting agency shall send to the | ||||||
10 | consumer within 10 business days a written confirmation of the | ||||||
11 | placement of the security freeze and a unique personal | ||||||
12 | identification number or password or similar device, other than | ||||||
13 | the consumer's Social Security number, to be used by the | ||||||
14 | consumer when providing authorization for the release of his or | ||||||
15 | her credit report for a specific party or period of time.
| ||||||
16 | (f) If the consumer wishes to allow his or her credit | ||||||
17 | report to be accessed for a specific party or period of time | ||||||
18 | while a freeze is in place, he or she shall contact the | ||||||
19 | consumer reporting agency using a point of contact designated | ||||||
20 | by the consumer reporting agency, request that the freeze be | ||||||
21 | temporarily lifted, and provide the following:
| ||||||
22 | (1) Proper identification;
| ||||||
23 | (2) The unique personal identification number or | ||||||
24 | password or similar device provided by the consumer | ||||||
25 | reporting agency;
| ||||||
26 | (3) The proper information regarding the third party or |
| |||||||
| |||||||
1 | time period for which the report shall be available to | ||||||
2 | users of the credit report; and
| ||||||
3 | (4) A fee, if applicable.
| ||||||
4 | (g) A consumer reporting agency shall develop a contact | ||||||
5 | method to receive and process a request from a consumer to | ||||||
6 | temporarily lift a freeze on a credit report pursuant to | ||||||
7 | subsection (f) in an expedited manner.
| ||||||
8 | A contact method under this subsection shall include:
(i) a | ||||||
9 | postal address; and (ii) an electronic contact method chosen by | ||||||
10 | the consumer reporting agency, which may include the use of | ||||||
11 | telephone, fax, Internet, or other electronic means.
| ||||||
12 | (h) A consumer reporting agency that receives a request | ||||||
13 | from a consumer to temporarily lift a freeze on a credit report | ||||||
14 | pursuant to subsection (f), shall comply with the request no | ||||||
15 | later than 3 business days after receiving the request.
| ||||||
16 | (i) A consumer reporting agency shall remove or temporarily | ||||||
17 | lift a freeze placed on a consumer's credit report only in the | ||||||
18 | following cases:
| ||||||
19 | (1) upon consumer request, pursuant to subsection (f) | ||||||
20 | or subsection (l) of this Section; or
| ||||||
21 | (2) if the consumer's credit report was frozen due to a | ||||||
22 | material misrepresentation of fact by the consumer.
| ||||||
23 | If a consumer reporting agency intends to remove a freeze | ||||||
24 | upon a consumer's credit report pursuant to this subsection, | ||||||
25 | the consumer reporting agency shall notify the consumer in | ||||||
26 | writing prior to removing the freeze on the consumer's credit |
| |||||||
| |||||||
1 | report.
| ||||||
2 | (j) If a third party requests access to a credit report on | ||||||
3 | which a security freeze is in effect, and this request is in | ||||||
4 | connection with an application for credit or any other use, and | ||||||
5 | the consumer does not allow his or her credit report to be | ||||||
6 | accessed for that specific party or period of time, the third | ||||||
7 | party may treat the application as incomplete.
| ||||||
8 | (k) If a consumer requests a security freeze, the credit | ||||||
9 | reporting agency shall disclose to the consumer the process of | ||||||
10 | placing and temporarily lifting a security freeze, and the | ||||||
11 | process for allowing access to information from the consumer's | ||||||
12 | credit report for a specific party or period of time while the | ||||||
13 | freeze is in place.
| ||||||
14 | (l) A security freeze shall remain in place until the | ||||||
15 | consumer requests, using a point of contact designated by the | ||||||
16 | consumer reporting agency, that the security freeze be removed. | ||||||
17 | A credit reporting agency shall remove a security freeze within | ||||||
18 | 3 business days of receiving a request for removal from the | ||||||
19 | consumer, who provides:
| ||||||
20 | (1) Proper identification;
| ||||||
21 | (2) The unique personal identification number or | ||||||
22 | password or similar device provided by the consumer | ||||||
23 | reporting agency; and
| ||||||
24 | (3) A fee, if applicable.
| ||||||
25 | (m) A consumer reporting agency shall require proper | ||||||
26 | identification of the person making a request to place or |
| |||||||
| |||||||
1 | remove a security freeze.
| ||||||
2 | (n) The provisions of subsections (c) through (m) of this | ||||||
3 | Section do not apply to the use of a consumer credit report by | ||||||
4 | any of the following:
| ||||||
5 | (1) A person or entity, or a subsidiary, affiliate, or | ||||||
6 | agent of that person or entity, or an assignee of a | ||||||
7 | financial obligation owing by the consumer to that person | ||||||
8 | or entity, or a prospective assignee of a financial | ||||||
9 | obligation owing by the consumer to that person or entity | ||||||
10 | in conjunction with the proposed purchase of the financial | ||||||
11 | obligation, with which the consumer has or had prior to | ||||||
12 | assignment an account or contract, including a demand | ||||||
13 | deposit account, or to whom the consumer issued a | ||||||
14 | negotiable instrument, for the purposes of reviewing the | ||||||
15 | account or collecting the financial obligation owing for | ||||||
16 | the account, contract, or negotiable instrument. For | ||||||
17 | purposes of this subsection, "reviewing the account" | ||||||
18 | includes activities related to account maintenance, | ||||||
19 | monitoring, credit line increases, and account upgrades | ||||||
20 | and enhancements.
| ||||||
21 | (2) A subsidiary, affiliate, agent, assignee, or | ||||||
22 | prospective assignee of a person to whom access has been | ||||||
23 | granted under subsection (f) of this Section for purposes | ||||||
24 | of facilitating the extension of credit or other | ||||||
25 | permissible use.
| ||||||
26 | (3) Any state or local agency, law enforcement agency, |
| |||||||
| |||||||
1 | trial court, or private collection agency acting pursuant | ||||||
2 | to a court order, warrant, or subpoena.
| ||||||
3 | (4) A child support agency acting pursuant to Title | ||||||
4 | IV-D of the Social Security Act.
| ||||||
5 | (5) The State or its agents or assigns acting to | ||||||
6 | investigate fraud.
| ||||||
7 | (6) The Department of Revenue or its agents or assigns | ||||||
8 | acting to investigate or collect delinquent taxes or unpaid | ||||||
9 | court orders or to fulfill any of its other statutory | ||||||
10 | responsibilities.
| ||||||
11 | (7) The use of credit information for the purposes of | ||||||
12 | prescreening as provided for by the federal Fair Credit | ||||||
13 | Reporting Act.
| ||||||
14 | (8) Any person or entity administering a credit file | ||||||
15 | monitoring subscription or similar service to which the | ||||||
16 | consumer has subscribed.
| ||||||
17 | (9) Any person or entity for the purpose of providing a | ||||||
18 | consumer with a copy of his or her credit report or score | ||||||
19 | upon the consumer's request.
| ||||||
20 | (10) Any person using the information in connection | ||||||
21 | with the underwriting of insurance.
| ||||||
22 | (n-5) This Section does not prevent a consumer reporting | ||||||
23 | agency from charging a fee of no more than $10 to a consumer | ||||||
24 | for each freeze, removal, or temporary lift of the freeze, | ||||||
25 | regarding access to a consumer credit report, except that a | ||||||
26 | consumer reporting agency may not charge a fee to (i) a |
| |||||||
| |||||||
1 | consumer 65 years of age or over for placement and removal of a | ||||||
2 | freeze, or (ii) a victim of identity theft who has submitted to | ||||||
3 | the consumer reporting agency a valid copy of a police report, | ||||||
4 | investigative report, or complaint that the consumer has filed | ||||||
5 | with a law enforcement agency about unlawful use of his or her | ||||||
6 | personal information by another person.
| ||||||
7 | (o) If a security freeze is in place, a consumer reporting | ||||||
8 | agency shall not change any of the following official | ||||||
9 | information in a credit report without sending a written | ||||||
10 | confirmation of the change to the consumer within 30 days of | ||||||
11 | the change being posted to the consumer's file: (i) name, (ii) | ||||||
12 | date of birth, (iii) Social Security number, and (iv) address. | ||||||
13 | Written confirmation is not required for technical | ||||||
14 | modifications of a consumer's official information, including | ||||||
15 | name and street abbreviations, complete spellings, or | ||||||
16 | transposition of numbers or letters. In the case of an address | ||||||
17 | change, the written confirmation shall be sent to both the new | ||||||
18 | address and to the former address.
| ||||||
19 | (p) The following entities are not required to place a | ||||||
20 | security freeze in a consumer report, however, pursuant to | ||||||
21 | paragraph (3) of this subsection, a consumer reporting agency | ||||||
22 | acting as a reseller shall honor any security freeze placed on | ||||||
23 | a consumer credit report by another consumer reporting agency:
| ||||||
24 | (1) A check services or fraud prevention services | ||||||
25 | company, which issues reports on incidents of fraud or | ||||||
26 | authorizations for the purpose of approving or processing |
| |||||||
| |||||||
1 | negotiable instruments, electronic funds transfers, or | ||||||
2 | similar methods of payment.
| ||||||
3 | (2) A deposit account information service company, | ||||||
4 | which issues reports regarding account closures due to | ||||||
5 | fraud, substantial overdrafts, ATM abuse, or similar | ||||||
6 | negative information regarding a consumer to inquiring | ||||||
7 | banks or other financial institutions for use only in | ||||||
8 | reviewing a consumer request for a deposit account at the | ||||||
9 | inquiring bank or financial institution.
| ||||||
10 | (3) A consumer reporting agency that:
| ||||||
11 | (A) acts only to resell credit information by | ||||||
12 | assembling and merging information contained in a | ||||||
13 | database of one or more consumer reporting agencies; | ||||||
14 | and
| ||||||
15 | (B) does not maintain a permanent database of | ||||||
16 | credit information from which new credit reports are | ||||||
17 | produced.
| ||||||
18 | (q) For purposes of this Section: | ||||||
19 | "Credit report" has the same meaning as "consumer report", | ||||||
20 | as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||||||
21 | "Consumer reporting agency" has the meaning ascribed to it | ||||||
22 | in 15 U.S.C. Sec. 1681a(f). | ||||||
23 | "Security freeze" means
a notice placed in a consumer's | ||||||
24 | credit report, at the request of the consumer and subject to | ||||||
25 | certain exceptions, that prohibits the consumer reporting | ||||||
26 | agency from releasing the consumer's credit report or score |
| |||||||
| |||||||
1 | relating to an extension of credit, without the express | ||||||
2 | authorization of the consumer.
| ||||||
3 | "Extension of credit" does not include
an increase in an | ||||||
4 | existing open-end credit plan, as defined in Regulation Z of
| ||||||
5 | the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||||||
6 | or review of an
existing credit account.
| ||||||
7 | "Proper identification" means information generally deemed | ||||||
8 | sufficient to identify a person. Only if the consumer is unable | ||||||
9 | to reasonably identify himself or herself with the information | ||||||
10 | described above, may a consumer reporting agency require | ||||||
11 | additional information concerning the consumer's employment | ||||||
12 | and personal or family history in order to verify his or her | ||||||
13 | identity.
| ||||||
14 | (r) Any person who violates this Section commits an
| ||||||
15 | unlawful practice within the meaning of this Act.
| ||||||
16 | (Source: P.A. 97-597, eff. 1-1-12.)
| ||||||
17 | (815 ILCS 505/2NN)
| ||||||
18 | Sec. 2NN. Receipts; credit card and debit card account | ||||||
19 | numbers.
| ||||||
20 | (a) Definitions. As used in this Section:
| ||||||
21 | "Cardholder" has the meaning ascribed to it in Section | ||||||
22 | 17-0.5 of the Criminal Code of 2012 1961 .
| ||||||
23 | "Credit card" has the meaning ascribed to it in Section | ||||||
24 | 17-0.5 of the Criminal Code of 2012 1961 .
| ||||||
25 | "Debit card" has the meaning ascribed to it in Section |
| |||||||
| |||||||
1 | 17-0.5 of the Criminal Code of 2012 1961 .
| ||||||
2 | "Issuer" has the meaning ascribed to it in Section 17-0.5 | ||||||
3 | of the Criminal Code of 2012 1961 .
| ||||||
4 | "Person" has the meaning ascribed to it in Section 17-0.5 | ||||||
5 | of the Criminal Code of 2012 1961 .
| ||||||
6 | "Provider" means a person who furnishes money, goods, | ||||||
7 | services, or anything
else
of value upon presentation, whether | ||||||
8 | physically, in writing, verbally,
electronically, or | ||||||
9 | otherwise, of a credit card or debit card by the cardholder,
or | ||||||
10 | any agent or employee of that person.
| ||||||
11 | (b) Except as otherwise provided in this Section, no | ||||||
12 | provider may print or
otherwise produce or reproduce or permit | ||||||
13 | the printing or other production or
reproduction of the | ||||||
14 | following: (i) any part of the credit card or debit card
| ||||||
15 | account number, other than the last 4 digits or other | ||||||
16 | characters, (ii) the
credit card or debit card expiration date | ||||||
17 | on any receipt provided or made
available to the cardholder.
| ||||||
18 | (c) This Section does not apply to a credit card or debit | ||||||
19 | card transaction in
which the sole means available to the | ||||||
20 | provider of recording the credit card or
debit card account | ||||||
21 | number is by handwriting or by imprint of the card.
| ||||||
22 | (d) This Section does not apply to receipts issued for | ||||||
23 | transactions on the
electronic benefits transfer card system in | ||||||
24 | accordance with 7 CFR 274.12(g)(3).
| ||||||
25 | (e) A violation of this Section constitutes an unlawful | ||||||
26 | practice within
the meaning of this Act.
|
| |||||||
| |||||||
1 | (f) This Section is operative on January 1, 2005.
| ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||||||
3 | (815 ILCS 505/2VV) | ||||||
4 | Sec. 2VV. Credit and public utility service; identity | ||||||
5 | theft. It is an unlawful practice for a person to deny credit | ||||||
6 | or public utility service to or reduce the credit limit of a | ||||||
7 | consumer solely because the consumer has been a victim of | ||||||
8 | identity theft as defined in Section 16-30 or 16G-15 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 , if the | ||||||
10 | consumer: | ||||||
11 | (1) has provided a copy of an identity theft report as | ||||||
12 | defined under the federal Fair Credit Reporting Act and | ||||||
13 | implementing regulations evidencing the consumer's claim | ||||||
14 | of identity theft;
| ||||||
15 | (2) has provided a properly completed copy of a | ||||||
16 | standardized affidavit of identity theft developed and | ||||||
17 | made available by the Federal Trade Commission pursuant to | ||||||
18 | 15 U.S.C. 1681g or an affidavit of fact that is acceptable | ||||||
19 | to the person for that purpose; | ||||||
20 | (3) has obtained placement of an extended fraud alert | ||||||
21 | in his or her file maintained by a nationwide consumer | ||||||
22 | reporting agency, in accordance with the requirements of | ||||||
23 | the federal Fair Credit Reporting Act; and | ||||||
24 | (4) is able to establish his or her identity and | ||||||
25 | address to the satisfaction of the person providing credit |
| |||||||
| |||||||
1 | or utility services.
| ||||||
2 | (Source: P.A. 97-597, eff. 1-1-12.) | ||||||
3 | Section 875. The Home Repair Fraud Act is amended by | ||||||
4 | changing Section 5 as follows:
| ||||||
5 | (815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
| ||||||
6 | Sec. 5. Aggravated Home Repair Fraud. A person commits the | ||||||
7 | offense
of aggravated home repair fraud when he commits home | ||||||
8 | repair fraud: | ||||||
9 | (i) against an elderly
person or a person with a | ||||||
10 | disability as defined in Section 17-56
of the Criminal Code | ||||||
11 | of 2012 1961 ; or | ||||||
12 | (ii) in connection with a home repair project intended | ||||||
13 | to assist a disabled person.
| ||||||
14 | (a) Aggravated violation of paragraphs (1) or (2) of | ||||||
15 | subsection (a) of
Section 3 of this Act shall be a Class 2 | ||||||
16 | felony when the amount of
the
contract or agreement is more | ||||||
17 | than $500, a Class 3
felony when the amount
of the contract or | ||||||
18 | agreement is $500 or less, and a Class 2
felony for a
second or | ||||||
19 | subsequent offense when the amount of the contract or agreement
| ||||||
20 | is $500 or less. If 2 or more contracts or agreements for home
| ||||||
21 | repair
exceed an aggregate amount of $500 or more and such | ||||||
22 | contracts or
agreements are entered into with the same victim | ||||||
23 | by one or more of the
defendants as part of or in furtherance | ||||||
24 | of a common fraudulent scheme,
design or intention, the |
| |||||||
| |||||||
1 | violation shall be a Class 2 felony.
| ||||||
2 | (b) Aggravated violation of paragraph (3) of subsection (a) | ||||||
3 | of Section 3
of this Act shall be a Class 2 felony when the | ||||||
4 | amount of the contract
or
agreement is more than $5,000 and a | ||||||
5 | Class 3 felony
when the amount of the
contract or agreement is | ||||||
6 | $5,000 or less.
| ||||||
7 | (c) Aggravated violation of paragraph (4) of subsection (a) | ||||||
8 | of
Section 3 of this Act shall be a Class 3 felony when the | ||||||
9 | amount of
the
contract or agreement is more than $500, a Class | ||||||
10 | 4
felony when the amount
of the contract or agreement is $500 | ||||||
11 | or less and a Class
3 felony for a
second or subsequent offense | ||||||
12 | when the amount of the contract or agreement
is $500 or less.
| ||||||
13 | (d) Aggravated violation of paragraphs (1) or (2) of | ||||||
14 | subsection (b) of
Section 3 of this Act shall be a Class 3 | ||||||
15 | felony.
| ||||||
16 | (e) If a person commits aggravated home repair fraud, then | ||||||
17 | any State or
local license or permit held by that person that | ||||||
18 | relates to the business of
home repair may be appropriately | ||||||
19 | suspended or revoked by the issuing authority,
commensurate | ||||||
20 | with the severity of the offense.
| ||||||
21 | (f) A defense to aggravated home repair fraud does not | ||||||
22 | exist merely
because
the accused reasonably believed the victim | ||||||
23 | to be a person less than 60 years
of age.
| ||||||
24 | (Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11 .)
| ||||||
25 | Section 880. The Music Licensing Fees Act is amended by |
| |||||||
| |||||||
1 | changing Section 40 as follows:
| ||||||
2 | (815 ILCS 637/40)
| ||||||
3 | Sec. 40. Exceptions. This Act shall not apply to contracts | ||||||
4 | between
copyright owners or performing rights societies and | ||||||
5 | broadcasters licensed by
the Federal Communications | ||||||
6 | Commission, or to contracts with cable operators,
programmers, | ||||||
7 | or other transmission services. Nor shall this Act apply to
| ||||||
8 | musical works performed in synchronization with an | ||||||
9 | audio/visual film or tape,
or to the gathering of information | ||||||
10 | for determination of compliance with or
activities related to | ||||||
11 | the enforcement of Sections 16-7 and 16-8 of the Criminal
Code | ||||||
12 | of 1961 or the Criminal Code of 2012 .
| ||||||
13 | (Source: P.A. 89-114, eff. 1-1-96.)
| ||||||
14 | Section 885. The Victims' Economic Security and Safety Act | ||||||
15 | is amended by changing Section 10 as follows:
| ||||||
16 | (820 ILCS 180/10)
| ||||||
17 | Sec. 10. Definitions. In this Act, except as otherwise | ||||||
18 | expressly provided:
| ||||||
19 | (1) "Commerce" includes trade, traffic, commerce,
| ||||||
20 | transportation, or communication; and "industry or | ||||||
21 | activity
affecting commerce" means any activity, business, | ||||||
22 | or industry in
commerce or in which a labor dispute would | ||||||
23 | hinder or obstruct
commerce or the free flow of commerce, |
| |||||||
| |||||||
1 | and includes "commerce" and
any "industry affecting | ||||||
2 | commerce".
| ||||||
3 | (2) "Course of conduct" means a course of repeatedly | ||||||
4 | maintaining
a visual or physical proximity to a person or | ||||||
5 | conveying oral or
written threats, including threats | ||||||
6 | conveyed through electronic
communications, or threats | ||||||
7 | implied by conduct.
| ||||||
8 | (3) "Department" means the Department of Labor.
| ||||||
9 | (4) "Director" means the Director of Labor.
| ||||||
10 | (5) "Domestic or sexual violence" means domestic | ||||||
11 | violence, sexual
assault, or stalking.
| ||||||
12 | (6) "Domestic violence" means abuse, as defined in | ||||||
13 | Section 103 of the Illinois Domestic Violence Act of 1986, | ||||||
14 | by a family or household member, as defined in Section 103 | ||||||
15 | of the Illinois Domestic Violence Act of 1986.
| ||||||
16 | (7) "Electronic communications" includes | ||||||
17 | communications via
telephone, mobile phone, computer, | ||||||
18 | e-mail, video recorder, fax
machine, telex, or pager, or | ||||||
19 | any other electronic communication, as defined in Section | ||||||
20 | 12-7.5 of the Criminal Code of 2012 1961 .
| ||||||
21 | (8) "Employ" includes to suffer or permit to work.
| ||||||
22 | (9) Employee.
| ||||||
23 | (A) In general. "Employee" means any person | ||||||
24 | employed by an employer.
| ||||||
25 | (B) Basis. "Employee" includes a person employed | ||||||
26 | as described in
subparagraph (A) on a full or part-time |
| |||||||
| |||||||
1 | basis,
or as a participant in a work
assignment as a | ||||||
2 | condition of receipt of federal or State
income-based | ||||||
3 | public assistance.
| ||||||
4 | (10) "Employer" means any of the following: (A) the | ||||||
5 | State or any agency
of the
State; (B) any unit of local | ||||||
6 | government or school district; or (C) any person
that | ||||||
7 | employs
at least 15 employees.
| ||||||
8 | (11) "Employment benefits" means all benefits provided | ||||||
9 | or made
available to employees by an employer, including | ||||||
10 | group life
insurance, health insurance, disability | ||||||
11 | insurance, sick leave,
annual leave, educational benefits, | ||||||
12 | pensions, and profit-sharing, regardless of
whether such | ||||||
13 | benefits are provided by a practice or written
policy of an | ||||||
14 | employer or through an "employee benefit plan".
"Employee | ||||||
15 | benefit plan" or "plan" means an employee welfare
benefit | ||||||
16 | plan or an employee pension benefit plan or a plan which
is | ||||||
17 | both an employee welfare benefit plan and an employee | ||||||
18 | pension
benefit plan.
| ||||||
19 | (12) "Family or household member", for employees with a | ||||||
20 | family or household member who is a victim of domestic or | ||||||
21 | sexual violence, means a spouse,
parent, son, daughter, | ||||||
22 | other person related by blood or by present or prior | ||||||
23 | marriage, other person who shares a relationship through a | ||||||
24 | son or daughter, and persons jointly residing
in the same | ||||||
25 | household.
| ||||||
26 | (13) "Parent" means the biological parent of an |
| |||||||
| |||||||
1 | employee or an
individual who stood in loco parentis to an | ||||||
2 | employee when the
employee was a son or daughter. "Son or | ||||||
3 | daughter" means
a biological, adopted, or foster child, a | ||||||
4 | stepchild, a legal
ward, or a child of a person standing in | ||||||
5 | loco parentis, who is
under 18 years of age, or is 18 years | ||||||
6 | of age or older and incapable
of self-care because of a | ||||||
7 | mental or physical disability.
| ||||||
8 | (14) "Perpetrator" means an individual who commits or | ||||||
9 | is alleged
to have committed any act or threat of domestic | ||||||
10 | or sexual
violence.
| ||||||
11 | (15) "Person" means an individual, partnership, | ||||||
12 | association,
corporation, business trust, legal | ||||||
13 | representative, or any
organized group of persons.
| ||||||
14 | (16) "Public agency" means the Government of the State | ||||||
15 | or
political subdivision thereof; any agency of the State, | ||||||
16 | or of a
political subdivision of the State; or any | ||||||
17 | governmental agency.
| ||||||
18 | (17) "Public assistance" includes cash, food stamps, | ||||||
19 | medical
assistance, housing assistance, and other benefits | ||||||
20 | provided on
the basis of income by a public agency or | ||||||
21 | public employer.
| ||||||
22 | (18) "Reduced work schedule" means a work schedule that | ||||||
23 | reduces
the usual number of hours per workweek, or hours | ||||||
24 | per workday, of
an employee.
| ||||||
25 | (19) "Repeatedly" means on 2 or more occasions.
| ||||||
26 | (20) "Sexual assault" means any conduct proscribed by |
| |||||||
| |||||||
1 | the
Criminal Code of 1961 or the Criminal Code of 2012 in | ||||||
2 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
3 | 12-13, 12-14, 12-14.1,
12-15, and 12-16.
| ||||||
4 | (21) "Stalking" means any conduct proscribed by the | ||||||
5 | Criminal
Code of 1961 or the Criminal Code of 2012 in | ||||||
6 | Sections 12-7.3, 12-7.4, and 12-7.5.
| ||||||
7 | (22) "Victim" or "survivor" means an individual who has
| ||||||
8 | been subjected to domestic or sexual violence.
| ||||||
9 | (23) "Victim services organization" means a nonprofit,
| ||||||
10 | nongovernmental organization that provides assistance to | ||||||
11 | victims
of domestic or sexual violence or to advocates for | ||||||
12 | such victims,
including a rape crisis center, an | ||||||
13 | organization carrying out a
domestic violence program, an | ||||||
14 | organization operating a shelter or
providing counseling | ||||||
15 | services, or a legal services organization
or other | ||||||
16 | organization providing assistance through the legal
| ||||||
17 | process.
| ||||||
18 | (Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11 .)
| ||||||
19 | Section 890. The Workers' Compensation Act is amended by | ||||||
20 | changing Section 25.5 as follows: | ||||||
21 | (820 ILCS 305/25.5)
| ||||||
22 | Sec. 25.5. Unlawful acts; penalties. | ||||||
23 | (a) It is unlawful for any person, company, corporation, | ||||||
24 | insurance carrier, healthcare provider, or other entity to: |
| |||||||
| |||||||
1 | (1) Intentionally present or cause to be presented any | ||||||
2 | false or
fraudulent claim for the payment of any workers' | ||||||
3 | compensation
benefit.
| ||||||
4 | (2) Intentionally make or cause to be made any false or
| ||||||
5 | fraudulent material statement or material representation | ||||||
6 | for the
purpose of obtaining or denying any workers' | ||||||
7 | compensation
benefit.
| ||||||
8 | (3) Intentionally make or cause to be made any false or
| ||||||
9 | fraudulent statements with regard to entitlement to | ||||||
10 | workers'
compensation benefits with the intent to prevent | ||||||
11 | an injured
worker from making a legitimate claim for any | ||||||
12 | workers'
compensation benefits.
| ||||||
13 | (4) Intentionally prepare or provide an invalid, | ||||||
14 | false, or
counterfeit certificate of insurance as proof of | ||||||
15 | workers'
compensation insurance.
| ||||||
16 | (5) Intentionally make or cause to be made any false or
| ||||||
17 | fraudulent material statement or material representation | ||||||
18 | for the
purpose of obtaining workers' compensation | ||||||
19 | insurance at less
than the proper rate for that insurance.
| ||||||
20 | (6) Intentionally make or cause to be made any false or
| ||||||
21 | fraudulent material statement or material representation | ||||||
22 | on an
initial or renewal self-insurance application or | ||||||
23 | accompanying
financial statement for the purpose of | ||||||
24 | obtaining self-insurance
status or reducing the amount of | ||||||
25 | security that may be required
to be furnished pursuant to | ||||||
26 | Section 4 of this Act.
|
| |||||||
| |||||||
1 | (7) Intentionally make or cause to be made any false or
| ||||||
2 | fraudulent material statement to the Department of | ||||||
3 | Insurance's
fraud and insurance non-compliance unit in the | ||||||
4 | course of an
investigation of fraud or insurance | ||||||
5 | non-compliance.
| ||||||
6 | (8) Intentionally assist, abet, solicit, or conspire | ||||||
7 | with any
person, company, or other entity to commit any of | ||||||
8 | the acts in
paragraph (1), (2), (3), (4), (5), (6), or (7) | ||||||
9 | of this subsection (a).
| ||||||
10 | (9) Intentionally present a bill or statement for the | ||||||
11 | payment for medical services that were not provided. | ||||||
12 | For the purposes of paragraphs (2), (3), (5), (6), (7), and | ||||||
13 | (9), the term "statement" includes any writing, notice, proof | ||||||
14 | of injury, bill for services, hospital or doctor records and | ||||||
15 | reports, or X-ray and test results.
| ||||||
16 | (b) Sentences for violations of subsection (a) are as | ||||||
17 | follows:
| ||||||
18 | (1) A violation in which the value of the property | ||||||
19 | obtained or attempted to be obtained is $300 or less is a | ||||||
20 | Class A misdemeanor. | ||||||
21 | (2) A violation in which the value of the property | ||||||
22 | obtained or attempted to be obtained is more than $300 but | ||||||
23 | not more than $10,000 is a Class 3 felony. | ||||||
24 | (3) A violation in which the value of the property | ||||||
25 | obtained or attempted to be obtained is more than $10,000 | ||||||
26 | but not more than $100,000 is a Class 2 felony. |
| |||||||
| |||||||
1 | (4) A violation in which the value of the property | ||||||
2 | obtained or attempted to be obtained is more than $100,000 | ||||||
3 | is a Class 1 felony. | ||||||
4 | (5) A person convicted under this Section shall be | ||||||
5 | ordered to pay monetary restitution to the insurance | ||||||
6 | company or self-insured entity or any other person for any | ||||||
7 | financial loss sustained as a result of a violation of this | ||||||
8 | Section, including any court costs and attorney fees. An | ||||||
9 | order of restitution also includes expenses incurred and | ||||||
10 | paid by the State of Illinois or an insurance company or | ||||||
11 | self-insured entity in connection with any medical | ||||||
12 | evaluation or treatment services. | ||||||
13 | For the purposes of this Section, where the exact value of | ||||||
14 | property obtained or attempted to be obtained is either not | ||||||
15 | alleged or is not specifically set by the terms of a policy of | ||||||
16 | insurance, the value of the property shall be the fair market | ||||||
17 | replacement value of the property claimed to be lost, the | ||||||
18 | reasonable costs of reimbursing a vendor or other claimant for | ||||||
19 | services to be rendered, or both. Notwithstanding the | ||||||
20 | foregoing, an insurance company, self-insured entity, or any | ||||||
21 | other person suffering financial loss sustained as a result of | ||||||
22 | violation of this Section may seek restitution, including court | ||||||
23 | costs and attorney's fees in a civil action in a court of | ||||||
24 | competent jurisdiction. | ||||||
25 | (c) The Department of Insurance shall establish a fraud and | ||||||
26 | insurance non-compliance unit responsible for investigating |
| |||||||
| |||||||
1 | incidences of fraud and insurance non-compliance pursuant to | ||||||
2 | this Section. The size of the staff of the unit shall be | ||||||
3 | subject to appropriation by the General Assembly. It shall be | ||||||
4 | the duty of the fraud and insurance non-compliance unit to | ||||||
5 | determine the identity of insurance carriers, employers, | ||||||
6 | employees, or other persons or entities who have violated the | ||||||
7 | fraud and insurance non-compliance provisions of this Section. | ||||||
8 | The fraud and insurance non-compliance unit shall report | ||||||
9 | violations of the fraud and insurance non-compliance | ||||||
10 | provisions of this Section to the Special Prosecutions Bureau | ||||||
11 | of the Criminal Division of the Office of the Attorney General | ||||||
12 | or to the State's Attorney of the county in which the offense | ||||||
13 | allegedly occurred, either of whom has the authority to | ||||||
14 | prosecute violations under this Section.
| ||||||
15 | With respect to the subject of any investigation being | ||||||
16 | conducted, the fraud and insurance non-compliance unit shall | ||||||
17 | have the general power of subpoena of the Department of | ||||||
18 | Insurance, including the authority to issue a subpoena to a | ||||||
19 | medical provider, pursuant to Section 8-802 of the Code of | ||||||
20 | Civil Procedure.
| ||||||
21 | (d) Any person may report allegations of insurance | ||||||
22 | non-compliance and fraud pursuant to this Section to the | ||||||
23 | Department of Insurance's fraud and insurance non-compliance | ||||||
24 | unit whose duty it shall be to investigate the report. The unit | ||||||
25 | shall notify the Commission of reports of insurance | ||||||
26 | non-compliance. Any person reporting an allegation of |
| |||||||
| |||||||
1 | insurance non-compliance or fraud against either an employee or | ||||||
2 | employer under this Section must identify himself. Except as | ||||||
3 | provided in this subsection and in subsection (e), all reports | ||||||
4 | shall remain confidential except to refer an investigation to | ||||||
5 | the Attorney General or State's Attorney for prosecution or if | ||||||
6 | the fraud and insurance non-compliance unit's investigation | ||||||
7 | reveals that the conduct reported may be in violation of other | ||||||
8 | laws or regulations of the State of Illinois, the unit may | ||||||
9 | report such conduct to the appropriate governmental agency | ||||||
10 | charged with administering such laws and regulations. Any | ||||||
11 | person who intentionally makes a false report under this | ||||||
12 | Section to the fraud and insurance non-compliance unit is | ||||||
13 | guilty of a Class A misdemeanor.
| ||||||
14 | (e) In order for the fraud and insurance non-compliance | ||||||
15 | unit to investigate a report of fraud related to an employee's | ||||||
16 | claim, (i) the employee must have filed with the Commission an | ||||||
17 | Application for Adjustment of Claim and the employee must have | ||||||
18 | either received or attempted to receive benefits under this Act | ||||||
19 | that are related to the reported fraud or (ii) the employee | ||||||
20 | must have made a written demand for the payment of benefits | ||||||
21 | that are related to the reported fraud. There shall be no | ||||||
22 | immunity, under this Act or otherwise, for any person who files | ||||||
23 | a false report or who files a report without good and just | ||||||
24 | cause. Confidentiality of medical information shall be | ||||||
25 | strictly maintained. Investigations that are not referred for | ||||||
26 | prosecution shall be destroyed upon the expiration of the |
| |||||||
| |||||||
1 | statute of limitations for the acts under investigation and | ||||||
2 | shall not be disclosed except that the person making the report | ||||||
3 | shall be notified that the investigation is being closed. It is | ||||||
4 | unlawful for any employer, insurance carrier, service | ||||||
5 | adjustment company, third party administrator, self-insured, | ||||||
6 | or similar entity to file or threaten to file a report of fraud | ||||||
7 | against an employee because of the exercise by the employee of | ||||||
8 | the rights and remedies granted to the employee by this Act.
| ||||||
9 | (e-5) The fraud and insurance non-compliance unit shall | ||||||
10 | procure and implement a system utilizing advanced analytics | ||||||
11 | inclusive of predictive modeling, data mining, social network | ||||||
12 | analysis, and scoring algorithms for the detection and | ||||||
13 | prevention of fraud, waste, and abuse on or before January 1, | ||||||
14 | 2012. The fraud and insurance non-compliance unit shall procure | ||||||
15 | this system using a request for proposals process governed by | ||||||
16 | the Illinois Procurement Code and rules adopted under that | ||||||
17 | Code. The fraud and insurance non-compliance unit shall provide | ||||||
18 | a report to the President of the Senate, Speaker of the House | ||||||
19 | of Representatives, Minority Leader of the House of | ||||||
20 | Representatives, Minority Leader of the Senate, Governor, | ||||||
21 | Chairman of the Commission, and Director of Insurance on or | ||||||
22 | before July 1, 2012 and annually thereafter detailing its | ||||||
23 | activities and providing recommendations regarding | ||||||
24 | opportunities for additional fraud waste and abuse detection | ||||||
25 | and prevention. | ||||||
26 | (f) Any person convicted of fraud related to workers' |
| |||||||
| |||||||
1 | compensation pursuant to this Section shall be subject to the | ||||||
2 | penalties prescribed in the Criminal Code of 2012 1961 and | ||||||
3 | shall be ineligible to receive or retain any compensation, | ||||||
4 | disability, or medical benefits as defined in this Act if the | ||||||
5 | compensation, disability, or medical benefits were owed or | ||||||
6 | received as a result of fraud for which the recipient of the | ||||||
7 | compensation, disability, or medical benefit was convicted. | ||||||
8 | This subsection applies to accidental injuries or diseases that | ||||||
9 | occur on or after the effective date of this amendatory Act of | ||||||
10 | the 94th General Assembly.
| ||||||
11 | (g) Civil liability. Any person convicted of fraud who | ||||||
12 | knowingly obtains, attempts to obtain, or causes to be obtained | ||||||
13 | any benefits under this Act by the making of a false claim or | ||||||
14 | who knowingly misrepresents any material fact shall be civilly | ||||||
15 | liable to the payor of benefits or the insurer or the payor's | ||||||
16 | or insurer's subrogee or assignee in an amount equal to 3 times | ||||||
17 | the value of the benefits or insurance coverage wrongfully | ||||||
18 | obtained or twice the value of the benefits or insurance | ||||||
19 | coverage attempted to be obtained, plus reasonable attorney's | ||||||
20 | fees and expenses incurred by the payor or the payor's subrogee | ||||||
21 | or assignee who successfully brings a claim under this | ||||||
22 | subsection. This subsection applies to accidental injuries or | ||||||
23 | diseases that occur on or after the effective date of this | ||||||
24 | amendatory Act of the 94th General Assembly.
| ||||||
25 | (h) The fraud and insurance non-compliance unit shall | ||||||
26 | submit a written report on an annual basis to the Chairman of |
| |||||||
| |||||||
1 | the Commission, the Workers' Compensation Advisory Board, the | ||||||
2 | General Assembly, the Governor, and the Attorney General by | ||||||
3 | January 1 and July 1 of each year. This report shall include, | ||||||
4 | at the minimum, the following information: | ||||||
5 | (1) The number of allegations of insurance | ||||||
6 | non-compliance and fraud reported to the fraud and | ||||||
7 | insurance non-compliance unit. | ||||||
8 | (2) The source of the reported allegations | ||||||
9 | (individual, employer, or other). | ||||||
10 | (3) The number of allegations investigated by the fraud | ||||||
11 | and insurance non-compliance unit. | ||||||
12 | (4) The number of criminal referrals made in accordance | ||||||
13 | with this Section and the entity to which the referral was | ||||||
14 | made. | ||||||
15 | (5) All proceedings under this Section.
| ||||||
16 | (Source: P.A. 97-18, eff. 6-28-11.) | ||||||
17 | Section 895. The Unemployment Insurance Act is amended by | ||||||
18 | changing Section 1900 as follows:
| ||||||
19 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
20 | Sec. 1900. Disclosure of information.
| ||||||
21 | A. Except as provided in this Section, information obtained | ||||||
22 | from any
individual or employing unit during the administration | ||||||
23 | of this Act shall:
| ||||||
24 | 1. be confidential,
|
| |||||||
| |||||||
1 | 2. not be published or open to public inspection,
| ||||||
2 | 3. not be used in any court in any pending action or | ||||||
3 | proceeding,
| ||||||
4 | 4. not be admissible in evidence in any action or | ||||||
5 | proceeding other than
one arising out of this Act.
| ||||||
6 | B. No finding, determination, decision, ruling or order | ||||||
7 | (including
any finding of fact, statement or conclusion made | ||||||
8 | therein) issued pursuant
to this Act shall be admissible or | ||||||
9 | used in evidence in any action other than
one arising out of | ||||||
10 | this Act, nor shall it be binding or conclusive except
as | ||||||
11 | provided in this Act, nor shall it constitute res judicata, | ||||||
12 | regardless
of whether the actions were between the same or | ||||||
13 | related parties or involved
the same facts.
| ||||||
14 | C. Any officer or employee of this State, any officer or | ||||||
15 | employee of any
entity authorized to obtain information | ||||||
16 | pursuant to this Section, and any
agent of this State or of | ||||||
17 | such entity
who, except with authority of
the Director under | ||||||
18 | this Section, shall disclose information shall be guilty
of a | ||||||
19 | Class B misdemeanor and shall be disqualified from holding any
| ||||||
20 | appointment or employment by the State.
| ||||||
21 | D. An individual or his duly authorized agent may be | ||||||
22 | supplied with
information from records only to the extent | ||||||
23 | necessary for the proper
presentation of his claim for benefits | ||||||
24 | or with his existing or prospective
rights to benefits. | ||||||
25 | Discretion to disclose this information belongs
solely to the | ||||||
26 | Director and is not subject to a release or waiver by the
|
| |||||||
| |||||||
1 | individual.
Notwithstanding any other provision to the | ||||||
2 | contrary, an individual or his or
her duly authorized agent may | ||||||
3 | be supplied with a statement of the amount of
benefits paid to | ||||||
4 | the individual during the 18 months preceding the date of his
| ||||||
5 | or her request.
| ||||||
6 | E. An employing unit may be furnished with information, | ||||||
7 | only if deemed by
the Director as necessary to enable it to | ||||||
8 | fully discharge its obligations or
safeguard its rights under | ||||||
9 | the Act. Discretion to disclose this information
belongs solely | ||||||
10 | to the Director and is not subject to a release or waiver by | ||||||
11 | the
employing unit.
| ||||||
12 | F. The Director may furnish any information that he may | ||||||
13 | deem proper to
any public officer or public agency of this or | ||||||
14 | any other State or of the
federal government dealing with:
| ||||||
15 | 1. the administration of relief,
| ||||||
16 | 2. public assistance,
| ||||||
17 | 3. unemployment compensation,
| ||||||
18 | 4. a system of public employment offices,
| ||||||
19 | 5. wages and hours of employment, or
| ||||||
20 | 6. a public works program.
| ||||||
21 | The Director may make available to the Illinois Workers' | ||||||
22 | Compensation Commission
information regarding employers for | ||||||
23 | the purpose of verifying the insurance
coverage required under | ||||||
24 | the Workers' Compensation Act and Workers'
Occupational | ||||||
25 | Diseases Act.
| ||||||
26 | G. The Director may disclose information submitted by the |
| |||||||
| |||||||
1 | State or any
of its political subdivisions, municipal | ||||||
2 | corporations, instrumentalities,
or school or community | ||||||
3 | college districts, except for information which
specifically | ||||||
4 | identifies an individual claimant.
| ||||||
5 | H. The Director shall disclose only that information | ||||||
6 | required to be
disclosed under Section 303 of the Social | ||||||
7 | Security Act, as amended, including:
| ||||||
8 | 1. any information required to be given the United | ||||||
9 | States Department of
Labor under Section 303(a)(6); and
| ||||||
10 | 2. the making available upon request to any agency of | ||||||
11 | the United States
charged with the administration of public | ||||||
12 | works or assistance through
public employment, the name, | ||||||
13 | address, ordinary occupation and employment
status of each | ||||||
14 | recipient of unemployment compensation, and a statement of
| ||||||
15 | such recipient's right to further compensation under such | ||||||
16 | law as required
by Section 303(a)(7); and
| ||||||
17 | 3. records to make available to the Railroad Retirement | ||||||
18 | Board as
required by Section 303(c)(1); and
| ||||||
19 | 4. information that will assure reasonable cooperation | ||||||
20 | with every agency
of the United States charged with the | ||||||
21 | administration of any unemployment
compensation law as | ||||||
22 | required by Section 303(c)(2); and
| ||||||
23 | 5. information upon request and on a reimbursable basis | ||||||
24 | to the United
States Department of Agriculture and to any | ||||||
25 | State food stamp agency
concerning any information | ||||||
26 | required to be furnished by Section 303(d); and
|
| |||||||
| |||||||
1 | 6. any wage information upon request and on a | ||||||
2 | reimbursable basis
to any State or local child support | ||||||
3 | enforcement agency required by
Section 303(e); and
| ||||||
4 | 7. any information required under the income | ||||||
5 | eligibility and
verification system as required by Section | ||||||
6 | 303(f); and
| ||||||
7 | 8. information that might be useful in locating an | ||||||
8 | absent parent or that
parent's employer, establishing | ||||||
9 | paternity or establishing, modifying, or
enforcing child | ||||||
10 | support orders
for the purpose of a child support | ||||||
11 | enforcement program
under Title IV of the Social Security | ||||||
12 | Act upon the request of
and on a reimbursable basis to
the | ||||||
13 | public
agency administering the Federal Parent Locator | ||||||
14 | Service as required by
Section 303(h); and
| ||||||
15 | 9. information, upon request, to representatives of | ||||||
16 | any federal, State
or local governmental public housing | ||||||
17 | agency with respect to individuals who
have signed the | ||||||
18 | appropriate consent form approved by the Secretary of | ||||||
19 | Housing
and Urban Development and who are applying for or | ||||||
20 | participating in any housing
assistance program | ||||||
21 | administered by the United States Department of Housing and
| ||||||
22 | Urban Development as required by Section 303(i).
| ||||||
23 | I. The Director, upon the request of a public agency of | ||||||
24 | Illinois, of the
federal government or of any other state | ||||||
25 | charged with the investigation or
enforcement of Section 10-5 | ||||||
26 | of the Criminal Code of 2012 1961 (or a similar
federal law or |
| |||||||
| |||||||
1 | similar law of another State), may furnish the public agency
| ||||||
2 | information regarding the individual specified in the request | ||||||
3 | as to:
| ||||||
4 | 1. the current or most recent home address of the | ||||||
5 | individual, and
| ||||||
6 | 2. the names and addresses of the individual's | ||||||
7 | employers.
| ||||||
8 | J. Nothing in this Section shall be deemed to interfere | ||||||
9 | with the
disclosure of certain records as provided for in | ||||||
10 | Section 1706 or with the
right to make available to the | ||||||
11 | Internal Revenue Service of the United
States Department of the | ||||||
12 | Treasury, or the Department of Revenue of the
State of | ||||||
13 | Illinois, information obtained under this Act.
| ||||||
14 | K. The Department shall make available to the Illinois | ||||||
15 | Student Assistance
Commission, upon request, information in | ||||||
16 | the possession of the Department that
may be necessary or | ||||||
17 | useful to the
Commission in the collection of defaulted or | ||||||
18 | delinquent student loans which
the Commission administers.
| ||||||
19 | L. The Department shall make available to the State | ||||||
20 | Employees'
Retirement System, the State Universities | ||||||
21 | Retirement System, the
Teachers' Retirement System of the State | ||||||
22 | of Illinois, and the Department of Central Management Services, | ||||||
23 | Risk Management Division, upon request,
information in the | ||||||
24 | possession of the Department that may be necessary or useful
to | ||||||
25 | the System or the Risk Management Division for the purpose of | ||||||
26 | determining whether any recipient of a
disability benefit from |
| |||||||
| |||||||
1 | the System or a workers' compensation benefit from the Risk | ||||||
2 | Management Division is gainfully employed.
| ||||||
3 | M. This Section shall be applicable to the information | ||||||
4 | obtained in the
administration of the State employment service, | ||||||
5 | except that the Director
may publish or release general labor | ||||||
6 | market information and may furnish
information that he may deem | ||||||
7 | proper to an individual, public officer or
public agency of | ||||||
8 | this or any other State or the federal government (in
addition | ||||||
9 | to those public officers or public agencies specified in this
| ||||||
10 | Section) as he prescribes by Rule.
| ||||||
11 | N. The Director may require such safeguards as he deems | ||||||
12 | proper to insure
that information disclosed pursuant to this | ||||||
13 | Section is used only for the
purposes set forth in this | ||||||
14 | Section.
| ||||||
15 | O. Nothing in this Section prohibits communication with an | ||||||
16 | individual or entity through unencrypted e-mail or other | ||||||
17 | unencrypted electronic means as long as the communication does | ||||||
18 | not contain the individual's or entity's name in combination | ||||||
19 | with any one or more of the individual's or entity's social | ||||||
20 | security number; driver's license or State identification | ||||||
21 | number; account number or credit or debit card number; or any | ||||||
22 | required security code, access code, or password that would | ||||||
23 | permit access to further information pertaining to the | ||||||
24 | individual or entity.
| ||||||
25 | P. Within 30 days after the effective date of this | ||||||
26 | amendatory Act of 1993
and annually thereafter, the Department |
| |||||||
| |||||||
1 | shall provide to the Department of
Financial Institutions a | ||||||
2 | list of individuals or entities that, for the most
recently | ||||||
3 | completed calendar year, report to the Department as paying | ||||||
4 | wages to
workers. The lists shall be deemed confidential and | ||||||
5 | may not be disclosed to
any other person.
| ||||||
6 | Q. The Director shall make available to an elected federal
| ||||||
7 | official the name and address of an individual or entity that | ||||||
8 | is located within
the jurisdiction from which the official was | ||||||
9 | elected and that, for the most
recently completed calendar | ||||||
10 | year, has reported to the Department as paying
wages to | ||||||
11 | workers, where the information will be used in connection with | ||||||
12 | the
official duties of the official and the official requests | ||||||
13 | the information in
writing, specifying the purposes for which | ||||||
14 | it will be used.
For purposes of this subsection, the use of | ||||||
15 | information in connection with the
official duties of an | ||||||
16 | official does not include use of the information in
connection | ||||||
17 | with the solicitation of contributions or expenditures, in | ||||||
18 | money or
in kind, to or on behalf of a candidate for public or | ||||||
19 | political office or a
political party or with respect to a | ||||||
20 | public question, as defined in Section 1-3
of the Election | ||||||
21 | Code, or in connection with any commercial solicitation. Any
| ||||||
22 | elected federal official who, in submitting a request for | ||||||
23 | information
covered by this subsection, knowingly makes a false | ||||||
24 | statement or fails to
disclose a material fact, with the intent | ||||||
25 | to obtain the information for a
purpose not authorized by this | ||||||
26 | subsection, shall be guilty of a Class B
misdemeanor.
|
| |||||||
| |||||||
1 | R. The Director may provide to any State or local child | ||||||
2 | support
agency, upon request and on a reimbursable basis, | ||||||
3 | information that might be
useful in locating an absent parent | ||||||
4 | or that parent's employer, establishing
paternity, or | ||||||
5 | establishing, modifying, or enforcing child support orders.
| ||||||
6 | S. The Department shall make available to a State's | ||||||
7 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
8 | upon request, the current address or, if the current address is
| ||||||
9 | unavailable, current employer information, if available, of a | ||||||
10 | victim of
a felony or a
witness to a felony or a person against | ||||||
11 | whom an arrest warrant is
outstanding.
| ||||||
12 | T. The Director shall make available to the Department of | ||||||
13 | State Police, a county sheriff's office, or a municipal police | ||||||
14 | department, upon request, any information concerning the | ||||||
15 | current address and place of employment or former places of | ||||||
16 | employment of a person who is required to register as a sex | ||||||
17 | offender under the Sex Offender Registration Act that may be | ||||||
18 | useful in enforcing the registration provisions of that Act.
| ||||||
19 | U. The Director shall make information available to the | ||||||
20 | Department of Healthcare and Family Services and the Department | ||||||
21 | of Human Services for the purpose of determining eligibility | ||||||
22 | for public benefit programs authorized under the Illinois | ||||||
23 | Public Aid Code and related statutes administered by those | ||||||
24 | departments, for verifying sources and amounts of income, and | ||||||
25 | for other purposes directly connected with the administration | ||||||
26 | of those programs. |
| |||||||
| |||||||
1 | (Source: P.A. 96-420, eff. 8-13-09; 97-621, eff. 11-18-11; | ||||||
2 | 97-689, eff. 6-14-12.)
| ||||||
3 | Section 990. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act.
| ||||||
10 | Section 999. Effective date. This Act takes effect January | ||||||
11 | 1, 2013.".
|