98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3240

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
705 ILCS 405/5-710
705 ILCS 405/5-901
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Identification Act. Provides that the arrest records of a gang member who is under 21 years of age and who has been found guilty of or continued under supervision for a gang-related offense and who has not previously been found guilty of or continued under supervision for a gang-related offense are eligible for sealing upon compliance with certain stated conditions. Amends the Juvenile Court Act of 1987 and the Unified Code of Corrections. Provides that in addition to any term of incarceration that may be imposed by the court and unless the court determines that it has good cause not to impose these requirements, a gang member who is under 21 years of age and who has been found guilty of or continued under supervision for a gang-related offense and who has not previously been found guilty of or continued under supervision for a gang-related offense shall, upon completion of any term of incarceration, be required to fulfill certain stated conditions.


LRB098 11177 RLC 41897 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3240LRB098 11177 RLC 41897 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (E-5) "Gang member" and "gang-related" have the
17        meanings ascribed to those terms in Section 10 of the
18        Illinois Streetgang Terrorism Omnibus Prevention Act.
19            (F) As used in this Section, "last sentence" means
20        the sentence, order of supervision, or order of
21        qualified probation (as defined by subsection
22        (a)(1)(J)), for a criminal offense (as defined by
23        subsection (a)(1)(D)) that terminates last in time in
24        any jurisdiction, regardless of whether the petitioner
25        has included the criminal offense for which the
26        sentence or order of supervision or qualified

 

 

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1        probation was imposed in his or her petition. If
2        multiple sentences, orders of supervision, or orders
3        of qualified probation terminate on the same day and
4        are last in time, they shall be collectively considered
5        the "last sentence" regardless of whether they were
6        ordered to run concurrently.
7            (G) "Minor traffic offense" means a petty offense,
8        business offense, or Class C misdemeanor under the
9        Illinois Vehicle Code or a similar provision of a
10        municipal or local ordinance.
11            (H) "Municipal ordinance violation" means an
12        offense defined by a municipal or local ordinance that
13        is criminal in nature and with which the petitioner was
14        charged or for which the petitioner was arrested and
15        released without charging.
16            (I) "Petitioner" means an adult or a minor
17        prosecuted as an adult who has applied for relief under
18        this Section.
19            (J) "Qualified probation" means an order of
20        probation under Section 10 of the Cannabis Control Act,
21        Section 410 of the Illinois Controlled Substances Act,
22        Section 70 of the Methamphetamine Control and
23        Community Protection Act, Section 5-6-3.3 of the
24        Unified Code of Corrections, Section 12-4.3(b)(1) and
25        (2) of the Criminal Code of 1961 (as those provisions
26        existed before their deletion by Public Act 89-313),

 

 

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1        Section 10-102 of the Illinois Alcoholism and Other
2        Drug Dependency Act, Section 40-10 of the Alcoholism
3        and Other Drug Abuse and Dependency Act, or Section 10
4        of the Steroid Control Act. For the purpose of this
5        Section, "successful completion" of an order of
6        qualified probation under Section 10-102 of the
7        Illinois Alcoholism and Other Drug Dependency Act and
8        Section 40-10 of the Alcoholism and Other Drug Abuse
9        and Dependency Act means that the probation was
10        terminated satisfactorily and the judgment of
11        conviction was vacated.
12            (K) "Seal" means to physically and electronically
13        maintain the records, unless the records would
14        otherwise be destroyed due to age, but to make the
15        records unavailable without a court order, subject to
16        the exceptions in Sections 12 and 13 of this Act. The
17        petitioner's name shall also be obliterated from the
18        official index required to be kept by the circuit court
19        clerk under Section 16 of the Clerks of Courts Act, but
20        any index issued by the circuit court clerk before the
21        entry of the order to seal shall not be affected.
22            (L) "Sexual offense committed against a minor"
23        includes but is not limited to the offenses of indecent
24        solicitation of a child or criminal sexual abuse when
25        the victim of such offense is under 18 years of age.
26            (M) "Terminate" as it relates to a sentence or

 

 

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1        order of supervision or qualified probation includes
2        either satisfactory or unsatisfactory termination of
3        the sentence, unless otherwise specified in this
4        Section.
5        (2) Minor Traffic Offenses. Orders of supervision or
6    convictions for minor traffic offenses shall not affect a
7    petitioner's eligibility to expunge or seal records
8    pursuant to this Section.
9        (3) Exclusions. Except as otherwise provided in
10    subsections (b)(5), (b)(6), (c)(2)(G), (e), and (e-5) of
11    this Section, the court shall not order:
12            (A) the sealing or expungement of the records of
13        arrests or charges not initiated by arrest that result
14        in an order of supervision for or conviction of: (i)
15        any sexual offense committed against a minor; (ii)
16        Section 11-501 of the Illinois Vehicle Code or a
17        similar provision of a local ordinance; or (iii)
18        Section 11-503 of the Illinois Vehicle Code or a
19        similar provision of a local ordinance, unless the
20        arrest or charge is for a misdemeanor violation of
21        subsection (a) of Section 11-503 or a similar provision
22        of a local ordinance, that occurred prior to the
23        offender reaching the age of 25 years and the offender
24        has no other conviction for violating Section 11-501 or
25        11-503 of the Illinois Vehicle Code or a similar
26        provision of a local ordinance.

 

 

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1            (B) the sealing or expungement of records of minor
2        traffic offenses (as defined in subsection (a)(1)(G)),
3        unless the petitioner was arrested and released
4        without charging.
5            (C) the sealing of the records of arrests or
6        charges not initiated by arrest which result in an
7        order of supervision, an order of qualified probation
8        (as defined in subsection (a)(1)(J)), or a conviction
9        for the following offenses:
10                (i) offenses included in Article 11 of the
11            Criminal Code of 1961 or the Criminal Code of 2012
12            or a similar provision of a local ordinance, except
13            Section 11-14 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, or a similar provision of a
15            local ordinance;
16                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
17            26-5, or 48-1 of the Criminal Code of 1961 or the
18            Criminal Code of 2012, or a similar provision of a
19            local ordinance;
20                (iii) offenses defined as "crimes of violence"
21            in Section 2 of the Crime Victims Compensation Act
22            or a similar provision of a local ordinance;
23                (iv) offenses which are Class A misdemeanors
24            under the Humane Care for Animals Act; or
25                (v) any offense or attempted offense that
26            would subject a person to registration under the

 

 

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1            Sex Offender Registration Act.
2            (D) the sealing of the records of an arrest which
3        results in the petitioner being charged with a felony
4        offense or records of a charge not initiated by arrest
5        for a felony offense unless:
6                (i) the charge is amended to a misdemeanor and
7            is otherwise eligible to be sealed pursuant to
8            subsection (c);
9                (ii) the charge is brought along with another
10            charge as a part of one case and the charge results
11            in acquittal, dismissal, or conviction when the
12            conviction was reversed or vacated, and another
13            charge brought in the same case results in a
14            disposition for a misdemeanor offense that is
15            eligible to be sealed pursuant to subsection (c) or
16            a disposition listed in paragraph (i), (iii), or
17            (iv) of this subsection;
18                (iii) the charge results in first offender
19            probation as set forth in subsection (c)(2)(E);
20                (iv) the charge is for a Class 4 felony offense
21            listed in subsection (c)(2)(F) or the charge is
22            amended to a Class 4 felony offense listed in
23            subsection (c)(2)(F). Records of arrests which
24            result in the petitioner being charged with a Class
25            4 felony offense listed in subsection (c)(2)(F),
26            records of charges not initiated by arrest for

 

 

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1            Class 4 felony offenses listed in subsection
2            (c)(2)(F), and records of charges amended to a
3            Class 4 felony offense listed in (c)(2)(F) may be
4            sealed, regardless of the disposition, subject to
5            any waiting periods set forth in subsection
6            (c)(3);
7                (v) the charge results in acquittal,
8            dismissal, or the petitioner's release without
9            conviction; or
10                (vi) the charge results in a conviction, but
11            the conviction was reversed or vacated.
12    (b) Expungement.
13        (1) A petitioner may petition the circuit court to
14    expunge the records of his or her arrests and charges not
15    initiated by arrest when:
16            (A) He or she has never been convicted of a
17        criminal offense; and
18            (B) Each arrest or charge not initiated by arrest
19        sought to be expunged resulted in: (i) acquittal,
20        dismissal, or the petitioner's release without
21        charging, unless excluded by subsection (a)(3)(B);
22        (ii) a conviction which was vacated or reversed, unless
23        excluded by subsection (a)(3)(B); (iii) an order of
24        supervision and such supervision was successfully
25        completed by the petitioner, unless excluded by
26        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of

 

 

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1        qualified probation (as defined in subsection
2        (a)(1)(J)) and such probation was successfully
3        completed by the petitioner.
4        (2) Time frame for filing a petition to expunge.
5            (A) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an acquittal,
7        dismissal, the petitioner's release without charging,
8        or the reversal or vacation of a conviction, there is
9        no waiting period to petition for the expungement of
10        such records.
11            (B) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        supervision, successfully completed by the petitioner,
14        the following time frames will apply:
15                (i) Those arrests or charges that resulted in
16            orders of supervision under Section 3-707, 3-708,
17            3-710, or 5-401.3 of the Illinois Vehicle Code or a
18            similar provision of a local ordinance, or under
19            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
20            Code of 1961 or the Criminal Code of 2012, or a
21            similar provision of a local ordinance, shall not
22            be eligible for expungement until 5 years have
23            passed following the satisfactory termination of
24            the supervision.
25                (i-5) Those arrests or charges that resulted
26            in orders of supervision for a misdemeanor

 

 

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1            violation of subsection (a) of Section 11-503 of
2            the Illinois Vehicle Code or a similar provision of
3            a local ordinance, that occurred prior to the
4            offender reaching the age of 25 years and the
5            offender has no other conviction for violating
6            Section 11-501 or 11-503 of the Illinois Vehicle
7            Code or a similar provision of a local ordinance
8            shall not be eligible for expungement until the
9            petitioner has reached the age of 25 years.
10                (ii) Those arrests or charges that resulted in
11            orders of supervision for any other offenses shall
12            not be eligible for expungement until 2 years have
13            passed following the satisfactory termination of
14            the supervision.
15            (C) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an order of
17        qualified probation, successfully completed by the
18        petitioner, such records shall not be eligible for
19        expungement until 5 years have passed following the
20        satisfactory termination of the probation.
21        (3) Those records maintained by the Department for
22    persons arrested prior to their 17th birthday shall be
23    expunged as provided in Section 5-915 of the Juvenile Court
24    Act of 1987.
25        (4) Whenever a person has been arrested for or
26    convicted of any offense, in the name of a person whose

 

 

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1    identity he or she has stolen or otherwise come into
2    possession of, the aggrieved person from whom the identity
3    was stolen or otherwise obtained without authorization,
4    upon learning of the person having been arrested using his
5    or her identity, may, upon verified petition to the chief
6    judge of the circuit wherein the arrest was made, have a
7    court order entered nunc pro tunc by the Chief Judge to
8    correct the arrest record, conviction record, if any, and
9    all official records of the arresting authority, the
10    Department, other criminal justice agencies, the
11    prosecutor, and the trial court concerning such arrest, if
12    any, by removing his or her name from all such records in
13    connection with the arrest and conviction, if any, and by
14    inserting in the records the name of the offender, if known
15    or ascertainable, in lieu of the aggrieved's name. The
16    records of the circuit court clerk shall be sealed until
17    further order of the court upon good cause shown and the
18    name of the aggrieved person obliterated on the official
19    index required to be kept by the circuit court clerk under
20    Section 16 of the Clerks of Courts Act, but the order shall
21    not affect any index issued by the circuit court clerk
22    before the entry of the order. Nothing in this Section
23    shall limit the Department of State Police or other
24    criminal justice agencies or prosecutors from listing
25    under an offender's name the false names he or she has
26    used.

 

 

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1        (5) Whenever a person has been convicted of criminal
2    sexual assault, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, criminal
4    sexual abuse, or aggravated criminal sexual abuse, the
5    victim of that offense may request that the State's
6    Attorney of the county in which the conviction occurred
7    file a verified petition with the presiding trial judge at
8    the petitioner's trial to have a court order entered to
9    seal the records of the circuit court clerk in connection
10    with the proceedings of the trial court concerning that
11    offense. However, the records of the arresting authority
12    and the Department of State Police concerning the offense
13    shall not be sealed. The court, upon good cause shown,
14    shall make the records of the circuit court clerk in
15    connection with the proceedings of the trial court
16    concerning the offense available for public inspection.
17        (6) If a conviction has been set aside on direct review
18    or on collateral attack and the court determines by clear
19    and convincing evidence that the petitioner was factually
20    innocent of the charge, the court shall enter an
21    expungement order as provided in subsection (b) of Section
22    5-5-4 of the Unified Code of Corrections.
23        (7) Nothing in this Section shall prevent the
24    Department of State Police from maintaining all records of
25    any person who is admitted to probation upon terms and
26    conditions and who fulfills those terms and conditions

 

 

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1    pursuant to Section 10 of the Cannabis Control Act, Section
2    410 of the Illinois Controlled Substances Act, Section 70
3    of the Methamphetamine Control and Community Protection
4    Act, Section 5-6-3.3 of the Unified Code of Corrections,
5    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
6    the Criminal Code of 1961 or the Criminal Code of 2012,
7    Section 10-102 of the Illinois Alcoholism and Other Drug
8    Dependency Act, Section 40-10 of the Alcoholism and Other
9    Drug Abuse and Dependency Act, or Section 10 of the Steroid
10    Control Act.
11    (c) Sealing.
12        (1) Applicability. Notwithstanding any other provision
13    of this Act to the contrary, and cumulative with any rights
14    to expungement of criminal records, this subsection
15    authorizes the sealing of criminal records of adults and of
16    minors prosecuted as adults.
17        (2) Eligible Records. The following records may be
18    sealed:
19            (A) All arrests resulting in release without
20        charging;
21            (B) Arrests or charges not initiated by arrest
22        resulting in acquittal, dismissal, or conviction when
23        the conviction was reversed or vacated, except as
24        excluded by subsection (a)(3)(B);
25            (C) Arrests or charges not initiated by arrest
26        resulting in orders of supervision successfully

 

 

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1        completed by the petitioner, unless excluded by
2        subsection (a)(3);
3            (D) Arrests or charges not initiated by arrest
4        resulting in convictions unless excluded by subsection
5        (a)(3);
6            (E) Arrests or charges not initiated by arrest
7        resulting in orders of first offender probation under
8        Section 10 of the Cannabis Control Act, Section 410 of
9        the Illinois Controlled Substances Act, Section 70 of
10        the Methamphetamine Control and Community Protection
11        Act, or Section 5-6-3.3 of the Unified Code of
12        Corrections; and
13            (F) Arrests or charges not initiated by arrest
14        resulting in Class 4 felony convictions for the
15        following offenses:
16                (i) Section 11-14 of the Criminal Code of 1961
17            or the Criminal Code of 2012;
18                (ii) Section 4 of the Cannabis Control Act;
19                (iii) Section 402 of the Illinois Controlled
20            Substances Act;
21                (iv) the Methamphetamine Precursor Control
22            Act; and
23                (v) the Steroid Control Act; and .
24            (G) Arrests or charges not initiated by arrest
25        resulting in convictions or orders of supervision for a
26        gang-related offense of a gang member under 21 years of

 

 

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1        age who has not been previously convicted of, or placed
2        on supervision for, a gang-related offense and who has
3        complied with: (i) community service determined by the
4        court; (ii) completion of educational courses designed
5        to prepare the gang member to pass the high school
6        level Test of General Educational Development (GED) if
7        the gang member does not have a GED certificate or high
8        school diploma; (iii) a curfew (A) between 11:00 p.m.
9        on Friday and 6:00 a.m. on Saturday; (B) between 11:00
10        p.m. on Saturday and 6:00 a.m. on Sunday; and (C)
11        between 10:00 p.m. on Sunday to Thursday, inclusive,
12        and 6:00 a.m. on the following day; and (iv) attendance
13        at Life Skills classes conducted by a community college
14        or by a non-profit offender re-entry program under
15        paragraph (14) of subsection (c) of Section 5-5-3 of
16        the Unified Code of Corrections.
17        (3) When Records Are Eligible to Be Sealed. Records
18    identified as eligible under subsection (c)(2) may be
19    sealed as follows:
20            (A) Records identified as eligible under
21        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
22        time.
23            (B) Records identified as eligible under
24        subsection (c)(2)(C) may be sealed (i) 3 years after
25        the termination of petitioner's last sentence (as
26        defined in subsection (a)(1)(F)) if the petitioner has

 

 

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1        never been convicted of a criminal offense (as defined
2        in subsection (a)(1)(D)); or (ii) 4 years after the
3        termination of the petitioner's last sentence (as
4        defined in subsection (a)(1)(F)) if the petitioner has
5        ever been convicted of a criminal offense (as defined
6        in subsection (a)(1)(D)).
7            (C) Records identified as eligible under
8        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
9        sealed 4 years after the termination of the
10        petitioner's last sentence (as defined in subsection
11        (a)(1)(F)).
12            (D) Records identified in subsection
13        (a)(3)(A)(iii) may be sealed after the petitioner has
14        reached the age of 25 years.
15        (4) Subsequent felony convictions. A person may not
16    have subsequent felony conviction records sealed as
17    provided in this subsection (c) if he or she is convicted
18    of any felony offense after the date of the sealing of
19    prior felony convictions as provided in this subsection
20    (c). The court may, upon conviction for a subsequent felony
21    offense, order the unsealing of prior felony conviction
22    records previously ordered sealed by the court.
23        (5) Notice of eligibility for sealing. Upon entry of a
24    disposition for an eligible record under this subsection
25    (c), the petitioner shall be informed by the court of the
26    right to have the records sealed and the procedures for the

 

 

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1    sealing of the records.
2    (d) Procedure. The following procedures apply to
3expungement under subsections (b) and (e), and sealing under
4subsections (c) and (e-5):
5        (1) Filing the petition. Upon becoming eligible to
6    petition for the expungement or sealing of records under
7    this Section, the petitioner shall file a petition
8    requesting the expungement or sealing of records with the
9    clerk of the court where the arrests occurred or the
10    charges were brought, or both. If arrests occurred or
11    charges were brought in multiple jurisdictions, a petition
12    must be filed in each such jurisdiction. The petitioner
13    shall pay the applicable fee, if not waived.
14        (2) Contents of petition. The petition shall be
15    verified and shall contain the petitioner's name, date of
16    birth, current address and, for each arrest or charge not
17    initiated by arrest sought to be sealed or expunged, the
18    case number, the date of arrest (if any), the identity of
19    the arresting authority, and such other information as the
20    court may require. During the pendency of the proceeding,
21    the petitioner shall promptly notify the circuit court
22    clerk of any change of his or her address. If the
23    petitioner has received a certificate of eligibility for
24    sealing from the Prisoner Review Board under paragraph (10)
25    of subsection (a) of Section 3-3-2 of the Unified Code of
26    Corrections, the certificate shall be attached to the

 

 

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1    petition.
2        (3) Drug test. The petitioner must attach to the
3    petition proof that the petitioner has passed a test taken
4    within 30 days before the filing of the petition showing
5    the absence within his or her body of all illegal
6    substances as defined by the Illinois Controlled
7    Substances Act, the Methamphetamine Control and Community
8    Protection Act, and the Cannabis Control Act if he or she
9    is petitioning to seal felony records pursuant to clause
10    (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is
11    petitioning to expunge felony records of a qualified
12    probation pursuant to clause (b)(1)(B)(iv).
13        (4) Service of petition. The circuit court clerk shall
14    promptly serve a copy of the petition on the State's
15    Attorney or prosecutor charged with the duty of prosecuting
16    the offense, the Department of State Police, the arresting
17    agency and the chief legal officer of the unit of local
18    government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection.
25            (B) Objections to a petition to expunge or seal
26        must be filed within 60 days of the date of service of

 

 

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1        the petition.
2        (6) Entry of order.
3            (A) The Chief Judge of the circuit wherein the
4        charge was brought, any judge of that circuit
5        designated by the Chief Judge, or in counties of less
6        than 3,000,000 inhabitants, the presiding trial judge
7        at the petitioner's trial, if any, shall rule on the
8        petition to expunge or seal as set forth in this
9        subsection (d)(6).
10            (B) Unless the State's Attorney or prosecutor, the
11        Department of State Police, the arresting agency, or
12        the chief legal officer files an objection to the
13        petition to expunge or seal within 60 days from the
14        date of service of the petition, the court shall enter
15        an order granting or denying the petition.
16        (7) Hearings. If an objection is filed, the court shall
17    set a date for a hearing and notify the petitioner and all
18    parties entitled to notice of the petition of the hearing
19    date at least 30 days prior to the hearing, and shall hear
20    evidence on whether the petition should or should not be
21    granted, and shall grant or deny the petition to expunge or
22    seal the records based on the evidence presented at the
23    hearing.
24        (8) Service of order. After entering an order to
25    expunge or seal records, the court must provide copies of
26    the order to the Department, in a form and manner

 

 

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1    prescribed by the Department, to the petitioner, to the
2    State's Attorney or prosecutor charged with the duty of
3    prosecuting the offense, to the arresting agency, to the
4    chief legal officer of the unit of local government
5    effecting the arrest, and to such other criminal justice
6    agencies as may be ordered by the court.
7        (9) Effect of order.
8            (A) Upon entry of an order to expunge records
9        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency,
12            the Department, and any other agency as ordered by
13            the court, within 60 days of the date of service of
14            the order, unless a motion to vacate, modify, or
15            reconsider the order is filed pursuant to
16            paragraph (12) of subsection (d) of this Section;
17                (ii) the records of the circuit court clerk
18            shall be impounded until further order of the court
19            upon good cause shown and the name of the
20            petitioner obliterated on the official index
21            required to be kept by the circuit court clerk
22            under Section 16 of the Clerks of Courts Act, but
23            the order shall not affect any index issued by the
24            circuit court clerk before the entry of the order;
25            and
26                (iii) in response to an inquiry for expunged

 

 

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1            records, the court, the Department, or the agency
2            receiving such inquiry, shall reply as it does in
3            response to inquiries when no records ever
4            existed.
5            (B) Upon entry of an order to expunge records
6        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
7                (i) the records shall be expunged (as defined
8            in subsection (a)(1)(E)) by the arresting agency
9            and any other agency as ordered by the court,
10            within 60 days of the date of service of the order,
11            unless a motion to vacate, modify, or reconsider
12            the order is filed pursuant to paragraph (12) of
13            subsection (d) of this Section;
14                (ii) the records of the circuit court clerk
15            shall be impounded until further order of the court
16            upon good cause shown and the name of the
17            petitioner obliterated on the official index
18            required to be kept by the circuit court clerk
19            under Section 16 of the Clerks of Courts Act, but
20            the order shall not affect any index issued by the
21            circuit court clerk before the entry of the order;
22                (iii) the records shall be impounded by the
23            Department within 60 days of the date of service of
24            the order as ordered by the court, unless a motion
25            to vacate, modify, or reconsider the order is filed
26            pursuant to paragraph (12) of subsection (d) of

 

 

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1            this Section;
2                (iv) records impounded by the Department may
3            be disseminated by the Department only as required
4            by law or to the arresting authority, the State's
5            Attorney, and the court upon a later arrest for the
6            same or a similar offense or for the purpose of
7            sentencing for any subsequent felony, and to the
8            Department of Corrections upon conviction for any
9            offense; and
10                (v) in response to an inquiry for such records
11            from anyone not authorized by law to access such
12            records the court, the Department, or the agency
13            receiving such inquiry shall reply as it does in
14            response to inquiries when no records ever
15            existed.
16            (C) Upon entry of an order to seal records under
17        subsection (c), the arresting agency, any other agency
18        as ordered by the court, the Department, and the court
19        shall seal the records (as defined in subsection
20        (a)(1)(K)). In response to an inquiry for such records
21        from anyone not authorized by law to access such
22        records the court, the Department, or the agency
23        receiving such inquiry shall reply as it does in
24        response to inquiries when no records ever existed.
25        (10) Fees. The Department may charge the petitioner a
26    fee equivalent to the cost of processing any order to

 

 

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1    expunge or seal records. Notwithstanding any provision of
2    the Clerks of Courts Act to the contrary, the circuit court
3    clerk may charge a fee equivalent to the cost associated
4    with the sealing or expungement of records by the circuit
5    court clerk. From the total filing fee collected for the
6    petition to seal or expunge, the circuit court clerk shall
7    deposit $10 into the Circuit Court Clerk Operation and
8    Administrative Fund, to be used to offset the costs
9    incurred by the circuit court clerk in performing the
10    additional duties required to serve the petition to seal or
11    expunge on all parties. The circuit court clerk shall
12    collect and forward the Department of State Police portion
13    of the fee to the Department and it shall be deposited in
14    the State Police Services Fund.
15        (11) Final Order. No court order issued under the
16    expungement or sealing provisions of this Section shall
17    become final for purposes of appeal until 30 days after
18    service of the order on the petitioner and all parties
19    entitled to notice of the petition.
20        (12) Motion to Vacate, Modify, or Reconsider. The
21    petitioner or any party entitled to notice may file a
22    motion to vacate, modify, or reconsider the order granting
23    or denying the petition to expunge or seal within 60 days
24    of service of the order.
25    (e) Whenever a person who has been convicted of an offense
26is granted a pardon by the Governor which specifically

 

 

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1authorizes expungement, he or she may, upon verified petition
2to the Chief Judge of the circuit where the person had been
3convicted, any judge of the circuit designated by the Chief
4Judge, or in counties of less than 3,000,000 inhabitants, the
5presiding trial judge at the defendant's trial, have a court
6order entered expunging the record of arrest from the official
7records of the arresting authority and order that the records
8of the circuit court clerk and the Department be sealed until
9further order of the court upon good cause shown or as
10otherwise provided herein, and the name of the defendant
11obliterated from the official index requested to be kept by the
12circuit court clerk under Section 16 of the Clerks of Courts
13Act in connection with the arrest and conviction for the
14offense for which he or she had been pardoned but the order
15shall not affect any index issued by the circuit court clerk
16before the entry of the order. All records sealed by the
17Department may be disseminated by the Department only to the
18arresting authority, the State's Attorney, and the court upon a
19later arrest for the same or similar offense or for the purpose
20of sentencing for any subsequent felony. Upon conviction for
21any subsequent offense, the Department of Corrections shall
22have access to all sealed records of the Department pertaining
23to that individual. Upon entry of the order of expungement, the
24circuit court clerk shall promptly mail a copy of the order to
25the person who was pardoned.
26    (e-5) Whenever a person who has been convicted of an

 

 

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1offense is granted a certificate of eligibility for sealing by
2the Prisoner Review Board which specifically authorizes
3sealing, he or she may, upon verified petition to the Chief
4Judge of the circuit where the person had been convicted, any
5judge of the circuit designated by the Chief Judge, or in
6counties of less than 3,000,000 inhabitants, the presiding
7trial judge at the petitioner's trial, have a court order
8entered sealing the record of arrest from the official records
9of the arresting authority and order that the records of the
10circuit court clerk and the Department be sealed until further
11order of the court upon good cause shown or as otherwise
12provided herein, and the name of the petitioner obliterated
13from the official index requested to be kept by the circuit
14court clerk under Section 16 of the Clerks of Courts Act in
15connection with the arrest and conviction for the offense for
16which he or she had been granted the certificate but the order
17shall not affect any index issued by the circuit court clerk
18before the entry of the order. All records sealed by the
19Department may be disseminated by the Department only as
20required by this Act or to the arresting authority, a law
21enforcement agency, the State's Attorney, and the court upon a
22later arrest for the same or similar offense or for the purpose
23of sentencing for any subsequent felony. Upon conviction for
24any subsequent offense, the Department of Corrections shall
25have access to all sealed records of the Department pertaining
26to that individual. Upon entry of the order of sealing, the

 

 

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1circuit court clerk shall promptly mail a copy of the order to
2the person who was granted the certificate of eligibility for
3sealing.
4    (f) Subject to available funding, the Illinois Department
5of Corrections shall conduct a study of the impact of sealing,
6especially on employment and recidivism rates, utilizing a
7random sample of those who apply for the sealing of their
8criminal records under Public Act 93-211. At the request of the
9Illinois Department of Corrections, records of the Illinois
10Department of Employment Security shall be utilized as
11appropriate to assist in the study. The study shall not
12disclose any data in a manner that would allow the
13identification of any particular individual or employing unit.
14The study shall be made available to the General Assembly no
15later than September 1, 2010.
16(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1796-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
187-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
19eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13;
2097-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff.
211-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
22    Section 5. The Juvenile Court Act of 1987 is amended by
23changing Sections 5-710 and 5-901 as follows:
 
24    (705 ILCS 405/5-710)

 

 

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1    Sec. 5-710. Kinds of sentencing orders.
2    (1) The following kinds of sentencing orders may be made in
3respect of wards of the court:
4        (a) Except as provided in Sections 5-805, 5-810, 5-815,
5    a minor who is found guilty under Section 5-620 may be:
6            (i) put on probation or conditional discharge and
7        released to his or her parents, guardian or legal
8        custodian, provided, however, that any such minor who
9        is not committed to the Department of Juvenile Justice
10        under this subsection and who is found to be a
11        delinquent for an offense which is first degree murder,
12        a Class X felony, or a forcible felony shall be placed
13        on probation;
14            (ii) placed in accordance with Section 5-740, with
15        or without also being put on probation or conditional
16        discharge;
17            (iii) required to undergo a substance abuse
18        assessment conducted by a licensed provider and
19        participate in the indicated clinical level of care;
20            (iv) placed in the guardianship of the Department
21        of Children and Family Services, but only if the
22        delinquent minor is under 15 years of age or, pursuant
23        to Article II of this Act, a minor for whom an
24        independent basis of abuse, neglect, or dependency
25        exists. An independent basis exists when the
26        allegations or adjudication of abuse, neglect, or

 

 

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1        dependency do not arise from the same facts, incident,
2        or circumstances which give rise to a charge or
3        adjudication of delinquency;
4            (v) placed in detention for a period not to exceed
5        30 days, either as the exclusive order of disposition
6        or, where appropriate, in conjunction with any other
7        order of disposition issued under this paragraph,
8        provided that any such detention shall be in a juvenile
9        detention home and the minor so detained shall be 10
10        years of age or older. However, the 30-day limitation
11        may be extended by further order of the court for a
12        minor under age 15 committed to the Department of
13        Children and Family Services if the court finds that
14        the minor is a danger to himself or others. The minor
15        shall be given credit on the sentencing order of
16        detention for time spent in detention under Sections
17        5-501, 5-601, 5-710, or 5-720 of this Article as a
18        result of the offense for which the sentencing order
19        was imposed. The court may grant credit on a sentencing
20        order of detention entered under a violation of
21        probation or violation of conditional discharge under
22        Section 5-720 of this Article for time spent in
23        detention before the filing of the petition alleging
24        the violation. A minor shall not be deprived of credit
25        for time spent in detention before the filing of a
26        violation of probation or conditional discharge

 

 

HB3240- 30 -LRB098 11177 RLC 41897 b

1        alleging the same or related act or acts;
2            (vi) ordered partially or completely emancipated
3        in accordance with the provisions of the Emancipation
4        of Minors Act;
5            (vii) subject to having his or her driver's license
6        or driving privileges suspended for such time as
7        determined by the court but only until he or she
8        attains 18 years of age;
9            (viii) put on probation or conditional discharge
10        and placed in detention under Section 3-6039 of the
11        Counties Code for a period not to exceed the period of
12        incarceration permitted by law for adults found guilty
13        of the same offense or offenses for which the minor was
14        adjudicated delinquent, and in any event no longer than
15        upon attainment of age 21; this subdivision (viii)
16        notwithstanding any contrary provision of the law;
17            (ix) ordered to undergo a medical or other
18        procedure to have a tattoo symbolizing allegiance to a
19        street gang removed from his or her body; or
20            (x) placed in electronic home detention under Part
21        7A of this Article.
22        (b) A minor found to be guilty may be committed to the
23    Department of Juvenile Justice under Section 5-750 if the
24    minor is 13 years of age or older, provided that the
25    commitment to the Department of Juvenile Justice shall be
26    made only if a term of incarceration is permitted by law

 

 

HB3240- 31 -LRB098 11177 RLC 41897 b

1    for adults found guilty of the offense for which the minor
2    was adjudicated delinquent. The time during which a minor
3    is in custody before being released upon the request of a
4    parent, guardian or legal custodian shall be considered as
5    time spent in detention.
6        (c) When a minor is found to be guilty for an offense
7    which is a violation of the Illinois Controlled Substances
8    Act, the Cannabis Control Act, or the Methamphetamine
9    Control and Community Protection Act and made a ward of the
10    court, the court may enter a disposition order requiring
11    the minor to undergo assessment, counseling or treatment in
12    a substance abuse program approved by the Department of
13    Human Services.
14    (2) Any sentencing order other than commitment to the
15Department of Juvenile Justice may provide for protective
16supervision under Section 5-725 and may include an order of
17protection under Section 5-730.
18    (3) Unless the sentencing order expressly so provides, it
19does not operate to close proceedings on the pending petition,
20but is subject to modification until final closing and
21discharge of the proceedings under Section 5-750.
22    (4) In addition to any other sentence, the court may order
23any minor found to be delinquent to make restitution, in
24monetary or non-monetary form, under the terms and conditions
25of Section 5-5-6 of the Unified Code of Corrections, except
26that the "presentencing hearing" referred to in that Section

 

 

HB3240- 32 -LRB098 11177 RLC 41897 b

1shall be the sentencing hearing for purposes of this Section.
2The parent, guardian or legal custodian of the minor may be
3ordered by the court to pay some or all of the restitution on
4the minor's behalf, pursuant to the Parental Responsibility
5Law. The State's Attorney is authorized to act on behalf of any
6victim in seeking restitution in proceedings under this
7Section, up to the maximum amount allowed in Section 5 of the
8Parental Responsibility Law.
9    (5) Any sentencing order where the minor is committed or
10placed in accordance with Section 5-740 shall provide for the
11parents or guardian of the estate of the minor to pay to the
12legal custodian or guardian of the person of the minor such
13sums as are determined by the custodian or guardian of the
14person of the minor as necessary for the minor's needs. The
15payments may not exceed the maximum amounts provided for by
16Section 9.1 of the Children and Family Services Act.
17    (6) Whenever the sentencing order requires the minor to
18attend school or participate in a program of training, the
19truant officer or designated school official shall regularly
20report to the court if the minor is a chronic or habitual
21truant under Section 26-2a of the School Code. Notwithstanding
22any other provision of this Act, in instances in which
23educational services are to be provided to a minor in a
24residential facility where the minor has been placed by the
25court, costs incurred in the provision of those educational
26services must be allocated based on the requirements of the

 

 

HB3240- 33 -LRB098 11177 RLC 41897 b

1School Code.
2    (7) In no event shall a guilty minor be committed to the
3Department of Juvenile Justice for a period of time in excess
4of that period for which an adult could be committed for the
5same act.
6    (8) A minor found to be guilty for reasons that include a
7violation of Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 shall be ordered to perform community
9service for not less than 30 and not more than 120 hours, if
10community service is available in the jurisdiction. The
11community service shall include, but need not be limited to,
12the cleanup and repair of the damage that was caused by the
13violation or similar damage to property located in the
14municipality or county in which the violation occurred. The
15order may be in addition to any other order authorized by this
16Section.
17    (8.5) A minor found to be guilty for reasons that include a
18violation of Section 3.02 or Section 3.03 of the Humane Care
19for Animals Act or paragraph (d) of subsection (1) of Section
2021-1 of the Criminal Code of 1961 or paragraph (4) of
21subsection (a) of Section 21-1 of the Criminal Code of 2012
22shall be ordered to undergo medical or psychiatric treatment
23rendered by a psychiatrist or psychological treatment rendered
24by a clinical psychologist. The order may be in addition to any
25other order authorized by this Section.
26    (9) In addition to any other sentencing order, the court

 

 

HB3240- 34 -LRB098 11177 RLC 41897 b

1shall order any minor found to be guilty for an act which would
2constitute, predatory criminal sexual assault of a child,
3aggravated criminal sexual assault, criminal sexual assault,
4aggravated criminal sexual abuse, or criminal sexual abuse if
5committed by an adult to undergo medical testing to determine
6whether the defendant has any sexually transmissible disease
7including a test for infection with human immunodeficiency
8virus (HIV) or any other identified causative agency of
9acquired immunodeficiency syndrome (AIDS). Any medical test
10shall be performed only by appropriately licensed medical
11practitioners and may include an analysis of any bodily fluids
12as well as an examination of the minor's person. Except as
13otherwise provided by law, the results of the test shall be
14kept strictly confidential by all medical personnel involved in
15the testing and must be personally delivered in a sealed
16envelope to the judge of the court in which the sentencing
17order was entered for the judge's inspection in camera. Acting
18in accordance with the best interests of the victim and the
19public, the judge shall have the discretion to determine to
20whom the results of the testing may be revealed. The court
21shall notify the minor of the results of the test for infection
22with the human immunodeficiency virus (HIV). The court shall
23also notify the victim if requested by the victim, and if the
24victim is under the age of 15 and if requested by the victim's
25parents or legal guardian, the court shall notify the victim's
26parents or the legal guardian, of the results of the test for

 

 

HB3240- 35 -LRB098 11177 RLC 41897 b

1infection with the human immunodeficiency virus (HIV). The
2court shall provide information on the availability of HIV
3testing and counseling at the Department of Public Health
4facilities to all parties to whom the results of the testing
5are revealed. The court shall order that the cost of any test
6shall be paid by the county and may be taxed as costs against
7the minor.
8    (10) When a court finds a minor to be guilty the court
9shall, before entering a sentencing order under this Section,
10make a finding whether the offense committed either: (a) was
11related to or in furtherance of the criminal activities of an
12organized gang or was motivated by the minor's membership in or
13allegiance to an organized gang, or (b) involved a violation of
14subsection (a) of Section 12-7.1 of the Criminal Code of 1961
15or the Criminal Code of 2012, a violation of any Section of
16Article 24 of the Criminal Code of 1961 or the Criminal Code of
172012, or a violation of any statute that involved the wrongful
18use of a firearm. If the court determines the question in the
19affirmative, and the court does not commit the minor to the
20Department of Juvenile Justice, the court shall order the minor
21to perform community service for not less than 30 hours nor
22more than 120 hours, provided that community service is
23available in the jurisdiction and is funded and approved by the
24county board of the county where the offense was committed. The
25community service shall include, but need not be limited to,
26the cleanup and repair of any damage caused by a violation of

 

 

HB3240- 36 -LRB098 11177 RLC 41897 b

1Section 21-1.3 of the Criminal Code of 1961 or the Criminal
2Code of 2012 and similar damage to property located in the
3municipality or county in which the violation occurred. When
4possible and reasonable, the community service shall be
5performed in the minor's neighborhood. This order shall be in
6addition to any other order authorized by this Section except
7for an order to place the minor in the custody of the
8Department of Juvenile Justice. For the purposes of this
9Section, "organized gang" has the meaning ascribed to it in
10Section 10 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act.
12    (11) If the court determines that the offense was committed
13in furtherance of the criminal activities of an organized gang,
14as provided in subsection (10), and that the offense involved
15the operation or use of a motor vehicle or the use of a
16driver's license or permit, the court shall notify the
17Secretary of State of that determination and of the period for
18which the minor shall be denied driving privileges. If, at the
19time of the determination, the minor does not hold a driver's
20license or permit, the court shall provide that the minor shall
21not be issued a driver's license or permit until his or her
2218th birthday. If the minor holds a driver's license or permit
23at the time of the determination, the court shall provide that
24the minor's driver's license or permit shall be revoked until
25his or her 21st birthday, or until a later date or occurrence
26determined by the court. If the minor holds a driver's license

 

 

HB3240- 37 -LRB098 11177 RLC 41897 b

1at the time of the determination, the court may direct the
2Secretary of State to issue the minor a judicial driving
3permit, also known as a JDP. The JDP shall be subject to the
4same terms as a JDP issued under Section 6-206.1 of the
5Illinois Vehicle Code, except that the court may direct that
6the JDP be effective immediately.
7    (12) If a minor is found to be guilty of a violation of
8subsection (a-7) of Section 1 of the Prevention of Tobacco Use
9by Minors Act, the court may, in its discretion, and upon
10recommendation by the State's Attorney, order that minor and
11his or her parents or legal guardian to attend a smoker's
12education or youth diversion program as defined in that Act if
13that program is available in the jurisdiction where the
14offender resides. Attendance at a smoker's education or youth
15diversion program shall be time-credited against any community
16service time imposed for any first violation of subsection
17(a-7) of Section 1 of that Act. In addition to any other
18penalty that the court may impose for a violation of subsection
19(a-7) of Section 1 of that Act, the court, upon request by the
20State's Attorney, may in its discretion require the offender to
21remit a fee for his or her attendance at a smoker's education
22or youth diversion program.
23    For purposes of this Section, "smoker's education program"
24or "youth diversion program" includes, but is not limited to, a
25seminar designed to educate a person on the physical and
26psychological effects of smoking tobacco products and the

 

 

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1health consequences of smoking tobacco products that can be
2conducted with a locality's youth diversion program.
3    In addition to any other penalty that the court may impose
4under this subsection (12):
5        (a) If a minor violates subsection (a-7) of Section 1
6    of the Prevention of Tobacco Use by Minors Act, the court
7    may impose a sentence of 15 hours of community service or a
8    fine of $25 for a first violation.
9        (b) A second violation by a minor of subsection (a-7)
10    of Section 1 of that Act that occurs within 12 months after
11    the first violation is punishable by a fine of $50 and 25
12    hours of community service.
13        (c) A third or subsequent violation by a minor of
14    subsection (a-7) of Section 1 of that Act that occurs
15    within 12 months after the first violation is punishable by
16    a $100 fine and 30 hours of community service.
17        (d) Any second or subsequent violation not within the
18    12-month time period after the first violation is
19    punishable as provided for a first violation.
20    (13) In addition to any term of incarceration that may be
21imposed by the court and unless the court determines that it
22has good cause not to impose these requirements, a gang member
23who is a minor under 21 years of age and subject to the
24jurisdiction of the juvenile court and who has been found
25guilty of or continued under supervision for a gang-related
26offense and who has not previously been found guilty of or

 

 

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1continued under supervision for a gang-related offense shall,
2upon completion of any term of incarceration, be required: (i)
3to perform community service, the type and number of hours of
4community service to be determined by the court; (ii) if the
5gang member does not have a high school diploma or a GED
6certificate, to attend and complete educational courses
7designed to prepare the gang member to pass the high school
8level Test of General Educational Development (GED); (iii) to
9comply with a curfew (A) between 11:00 p.m. on Friday and 6:00
10a.m. on Saturday; (B) between 11:00 p.m. on Saturday and 6:00
11a.m. on Sunday; and (C) between 10:00 p.m. on Sunday to
12Thursday, inclusive, and 6:00 a.m. on the following day; and
13(iv) to attend Life Skills classes conducted by a community
14college or by a non-profit offender re-entry program. The court
15shall inform the local law enforcement agency of the
16jurisdiction where the gang member resides after completion of
17any term of imprisonment of the curfew imposed on the gang
18member and shall order that the law enforcement agency conduct
19random monitoring of the gang member to ensure compliance with
20the curfew requirements. For the purposes of this paragraph
21(13), "gang member" and "gang-related" have the meanings
22ascribed to them in Section 10 of the Illinois Streetgang
23Terrorism Omnibus Prevention Act.
24(Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10;
2596-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
 

 

 

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1    (705 ILCS 405/5-901)
2    Sec. 5-901. Court file.
3    (1) The Court file with respect to proceedings under this
4Article shall consist of the petitions, pleadings, victim
5impact statements, process, service of process, orders, writs
6and docket entries reflecting hearings held and judgments and
7decrees entered by the court. The court file shall be kept
8separate from other records of the court.
9        (a) The file, including information identifying the
10    victim or alleged victim of any sex offense, shall be
11    disclosed only to the following parties when necessary for
12    discharge of their official duties:
13            (i) A judge of the circuit court and members of the
14        staff of the court designated by the judge;
15            (ii) Parties to the proceedings and their
16        attorneys;
17            (iii) Victims and their attorneys, except in cases
18        of multiple victims of sex offenses in which case the
19        information identifying the nonrequesting victims
20        shall be redacted;
21            (iv) Probation officers, law enforcement officers
22        or prosecutors or their staff;
23            (v) Adult and juvenile Prisoner Review Boards.
24        (b) The Court file redacted to remove any information
25    identifying the victim or alleged victim of any sex offense
26    shall be disclosed only to the following parties when

 

 

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1    necessary for discharge of their official duties:
2            (i) Authorized military personnel;
3            (ii) Persons engaged in bona fide research, with
4        the permission of the judge of the juvenile court and
5        the chief executive of the agency that prepared the
6        particular recording: provided that publication of
7        such research results in no disclosure of a minor's
8        identity and protects the confidentiality of the
9        record;
10            (iii) The Secretary of State to whom the Clerk of
11        the Court shall report the disposition of all cases, as
12        required in Section 6-204 or Section 6-205.1 of the
13        Illinois Vehicle Code. However, information reported
14        relative to these offenses shall be privileged and
15        available only to the Secretary of State, courts, and
16        police officers;
17            (iv) The administrator of a bonafide substance
18        abuse student assistance program with the permission
19        of the presiding judge of the juvenile court;
20            (v) Any individual, or any public or private agency
21        or institution, having custody of the juvenile under
22        court order or providing educational, medical or
23        mental health services to the juvenile or a
24        court-approved advocate for the juvenile or any
25        placement provider or potential placement provider as
26        determined by the court.

 

 

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1    (3) A minor who is the victim or alleged victim in a
2juvenile proceeding shall be provided the same confidentiality
3regarding disclosure of identity as the minor who is the
4subject of record. Information identifying victims and alleged
5victims of sex offenses, shall not be disclosed or open to
6public inspection under any circumstances. Nothing in this
7Section shall prohibit the victim or alleged victim of any sex
8offense from voluntarily disclosing his or her identity.
9    (4) Relevant information, reports and records shall be made
10available to the Department of Juvenile Justice when a juvenile
11offender has been placed in the custody of the Department of
12Juvenile Justice.
13    (5) Except as otherwise provided in this subsection (5),
14juvenile court records shall not be made available to the
15general public but may be inspected by representatives of
16agencies, associations and news media or other properly
17interested persons by general or special order of the court.
18The State's Attorney, the minor, his or her parents, guardian
19and counsel shall at all times have the right to examine court
20files and records.
21        (a) The court shall allow the general public to have
22    access to the name, address, and offense of a minor who is
23    adjudicated a delinquent minor under this Act under either
24    of the following circumstances:
25            (i) The adjudication of delinquency was based upon
26        the minor's commission of first degree murder, attempt

 

 

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1        to commit first degree murder, aggravated criminal
2        sexual assault, or criminal sexual assault; or
3            (ii) The court has made a finding that the minor
4        was at least 13 years of age at the time the act was
5        committed and the adjudication of delinquency was
6        based upon the minor's commission of: (A) an act in
7        furtherance of the commission of a felony as a member
8        of or on behalf of a criminal street gang, except that
9        the name, address, and offense of a minor who is
10        adjudicated a delinquent minor under this Act shall not
11        be disclosed if the minor complies with the provisions
12        of clauses (i) through (iv) of subsection (13) of
13        Section 5-710 of this Act, (B) an act involving the use
14        of a firearm in the commission of a felony, (C) an act
15        that would be a Class X felony offense under or the
16        minor's second or subsequent Class 2 or greater felony
17        offense under the Cannabis Control Act if committed by
18        an adult, (D) an act that would be a second or
19        subsequent offense under Section 402 of the Illinois
20        Controlled Substances Act if committed by an adult, (E)
21        an act that would be an offense under Section 401 of
22        the Illinois Controlled Substances Act if committed by
23        an adult, or (F) an act that would be an offense under
24        the Methamphetamine Control and Community Protection
25        Act if committed by an adult.
26        (b) The court shall allow the general public to have

 

 

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1    access to the name, address, and offense of a minor who is
2    at least 13 years of age at the time the offense is
3    committed and who is convicted, in criminal proceedings
4    permitted or required under Section 5-805, under either of
5    the following circumstances:
6            (i) The minor has been convicted of first degree
7        murder, attempt to commit first degree murder,
8        aggravated criminal sexual assault, or criminal sexual
9        assault,
10            (ii) The court has made a finding that the minor
11        was at least 13 years of age at the time the offense
12        was committed and the conviction was based upon the
13        minor's commission of: (A) an offense in furtherance of
14        the commission of a felony as a member of or on behalf
15        of a criminal street gang, (B) an offense involving the
16        use of a firearm in the commission of a felony, (C) a
17        Class X felony offense under the Cannabis Control Act
18        or a second or subsequent Class 2 or greater felony
19        offense under the Cannabis Control Act, (D) a second or
20        subsequent offense under Section 402 of the Illinois
21        Controlled Substances Act, (E) an offense under
22        Section 401 of the Illinois Controlled Substances Act,
23        or (F) an offense under the Methamphetamine Control and
24        Community Protection Act.
25    (6) Nothing in this Section shall be construed to limit the
26use of a adjudication of delinquency as evidence in any

 

 

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1juvenile or criminal proceeding, where it would otherwise be
2admissible under the rules of evidence, including but not
3limited to, use as impeachment evidence against any witness,
4including the minor if he or she testifies.
5    (7) Nothing in this Section shall affect the right of a
6Civil Service Commission or appointing authority examining the
7character and fitness of an applicant for a position as a law
8enforcement officer to ascertain whether that applicant was
9ever adjudicated to be a delinquent minor and, if so, to
10examine the records or evidence which were made in proceedings
11under this Act.
12    (8) Following any adjudication of delinquency for a crime
13which would be a felony if committed by an adult, or following
14any adjudication of delinquency for a violation of Section
1524-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the State's Attorney shall ascertain
17whether the minor respondent is enrolled in school and, if so,
18shall provide a copy of the sentencing order to the principal
19or chief administrative officer of the school. Access to such
20juvenile records shall be limited to the principal or chief
21administrative officer of the school and any guidance counselor
22designated by him or her.
23    (9) Nothing contained in this Act prevents the sharing or
24disclosure of information or records relating or pertaining to
25juveniles subject to the provisions of the Serious Habitual
26Offender Comprehensive Action Program when that information is

 

 

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1used to assist in the early identification and treatment of
2habitual juvenile offenders.
3    (11) The Clerk of the Circuit Court shall report to the
4Department of State Police, in the form and manner required by
5the Department of State Police, the final disposition of each
6minor who has been arrested or taken into custody before his or
7her 17th birthday for those offenses required to be reported
8under Section 5 of the Criminal Identification Act. Information
9reported to the Department under this Section may be maintained
10with records that the Department files under Section 2.1 of the
11Criminal Identification Act.
12    (12) Information or records may be disclosed to the general
13public when the court is conducting hearings under Section
145-805 or 5-810.
15(Source: P.A. 97-1150, eff. 1-25-13.)
 
16    Section 10. The Unified Code of Corrections is amended by
17changing Section 5-5-3 as follows:
 
18    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
19    Sec. 5-5-3. Disposition.
20    (a) (Blank).
21    (b) (Blank).
22    (c) (1) (Blank).
23        (2) A period of probation, a term of periodic
24    imprisonment or conditional discharge shall not be imposed

 

 

HB3240- 47 -LRB098 11177 RLC 41897 b

1    for the following offenses. The court shall sentence the
2    offender to not less than the minimum term of imprisonment
3    set forth in this Code for the following offenses, and may
4    order a fine or restitution or both in conjunction with
5    such term of imprisonment:
6            (A) First degree murder where the death penalty is
7        not imposed.
8            (B) Attempted first degree murder.
9            (C) A Class X felony.
10            (D) A violation of Section 401.1 or 407 of the
11        Illinois Controlled Substances Act, or a violation of
12        subdivision (c)(1.5) or (c)(2) of Section 401 of that
13        Act which relates to more than 5 grams of a substance
14        containing cocaine, fentanyl, or an analog thereof.
15            (D-5) A violation of subdivision (c)(1) of Section
16        401 of the Illinois Controlled Substances Act which
17        relates to 3 or more grams of a substance containing
18        heroin or an analog thereof.
19            (E) A violation of Section 5.1 or 9 of the Cannabis
20        Control Act.
21            (F) A Class 2 or greater felony if the offender had
22        been convicted of a Class 2 or greater felony,
23        including any state or federal conviction for an
24        offense that contained, at the time it was committed,
25        the same elements as an offense now (the date of the
26        offense committed after the prior Class 2 or greater

 

 

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1        felony) classified as a Class 2 or greater felony,
2        within 10 years of the date on which the offender
3        committed the offense for which he or she is being
4        sentenced, except as otherwise provided in Section
5        40-10 of the Alcoholism and Other Drug Abuse and
6        Dependency Act.
7            (F-5) A violation of Section 24-1, 24-1.1, or
8        24-1.6 of the Criminal Code of 1961 or the Criminal
9        Code of 2012 for which imprisonment is prescribed in
10        those Sections.
11            (G) Residential burglary, except as otherwise
12        provided in Section 40-10 of the Alcoholism and Other
13        Drug Abuse and Dependency Act.
14            (H) Criminal sexual assault.
15            (I) Aggravated battery of a senior citizen as
16        described in Section 12-4.6 or subdivision (a)(4) of
17        Section 12-3.05 of the Criminal Code of 1961 or the
18        Criminal Code of 2012.
19            (J) A forcible felony if the offense was related to
20        the activities of an organized gang.
21            Before July 1, 1994, for the purposes of this
22        paragraph, "organized gang" means an association of 5
23        or more persons, with an established hierarchy, that
24        encourages members of the association to perpetrate
25        crimes or provides support to the members of the
26        association who do commit crimes.

 

 

HB3240- 49 -LRB098 11177 RLC 41897 b

1            Beginning July 1, 1994, for the purposes of this
2        paragraph, "organized gang" has the meaning ascribed
3        to it in Section 10 of the Illinois Streetgang
4        Terrorism Omnibus Prevention Act.
5            (K) Vehicular hijacking.
6            (L) A second or subsequent conviction for the
7        offense of hate crime when the underlying offense upon
8        which the hate crime is based is felony aggravated
9        assault or felony mob action.
10            (M) A second or subsequent conviction for the
11        offense of institutional vandalism if the damage to the
12        property exceeds $300.
13            (N) A Class 3 felony violation of paragraph (1) of
14        subsection (a) of Section 2 of the Firearm Owners
15        Identification Card Act.
16            (O) A violation of Section 12-6.1 or 12-6.5 of the
17        Criminal Code of 1961 or the Criminal Code of 2012.
18            (P) A violation of paragraph (1), (2), (3), (4),
19        (5), or (7) of subsection (a) of Section 11-20.1 of the
20        Criminal Code of 1961 or the Criminal Code of 2012.
21            (Q) A violation of subsection (b) or (b-5) of
22        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
23        Criminal Code of 1961 or the Criminal Code of 2012.
24            (R) A violation of Section 24-3A of the Criminal
25        Code of 1961 or the Criminal Code of 2012.
26            (S) (Blank).

 

 

HB3240- 50 -LRB098 11177 RLC 41897 b

1            (T) A second or subsequent violation of the
2        Methamphetamine Control and Community Protection Act.
3            (U) A second or subsequent violation of Section
4        6-303 of the Illinois Vehicle Code committed while his
5        or her driver's license, permit, or privilege was
6        revoked because of a violation of Section 9-3 of the
7        Criminal Code of 1961 or the Criminal Code of 2012,
8        relating to the offense of reckless homicide, or a
9        similar provision of a law of another state.
10            (V) A violation of paragraph (4) of subsection (c)
11        of Section 11-20.1B or paragraph (4) of subsection (c)
12        of Section 11-20.3 of the Criminal Code of 1961, or
13        paragraph (6) of subsection (a) of Section 11-20.1 of
14        the Criminal Code of 2012 when the victim is under 13
15        years of age and the defendant has previously been
16        convicted under the laws of this State or any other
17        state of the offense of child pornography, aggravated
18        child pornography, aggravated criminal sexual abuse,
19        aggravated criminal sexual assault, predatory criminal
20        sexual assault of a child, or any of the offenses
21        formerly known as rape, deviate sexual assault,
22        indecent liberties with a child, or aggravated
23        indecent liberties with a child where the victim was
24        under the age of 18 years or an offense that is
25        substantially equivalent to those offenses.
26            (W) A violation of Section 24-3.5 of the Criminal

 

 

HB3240- 51 -LRB098 11177 RLC 41897 b

1        Code of 1961 or the Criminal Code of 2012.
2            (X) A violation of subsection (a) of Section 31-1a
3        of the Criminal Code of 1961 or the Criminal Code of
4        2012.
5            (Y) A conviction for unlawful possession of a
6        firearm by a street gang member when the firearm was
7        loaded or contained firearm ammunition.
8            (Z) A Class 1 felony committed while he or she was
9        serving a term of probation or conditional discharge
10        for a felony.
11            (AA) Theft of property exceeding $500,000 and not
12        exceeding $1,000,000 in value.
13            (BB) Laundering of criminally derived property of
14        a value exceeding $500,000.
15            (CC) Knowingly selling, offering for sale, holding
16        for sale, or using 2,000 or more counterfeit items or
17        counterfeit items having a retail value in the
18        aggregate of $500,000 or more.
19            (DD) A conviction for aggravated assault under
20        paragraph (6) of subsection (c) of Section 12-2 of the
21        Criminal Code of 1961 or the Criminal Code of 2012 if
22        the firearm is aimed toward the person against whom the
23        firearm is being used.
24        (3) (Blank).
25        (4) A minimum term of imprisonment of not less than 10
26    consecutive days or 30 days of community service shall be

 

 

HB3240- 52 -LRB098 11177 RLC 41897 b

1    imposed for a violation of paragraph (c) of Section 6-303
2    of the Illinois Vehicle Code.
3        (4.1) (Blank).
4        (4.2) Except as provided in paragraphs (4.3) and (4.8)
5    of this subsection (c), a minimum of 100 hours of community
6    service shall be imposed for a second violation of Section
7    6-303 of the Illinois Vehicle Code.
8        (4.3) A minimum term of imprisonment of 30 days or 300
9    hours of community service, as determined by the court,
10    shall be imposed for a second violation of subsection (c)
11    of Section 6-303 of the Illinois Vehicle Code.
12        (4.4) Except as provided in paragraphs (4.5), (4.6),
13    and (4.9) of this subsection (c), a minimum term of
14    imprisonment of 30 days or 300 hours of community service,
15    as determined by the court, shall be imposed for a third or
16    subsequent violation of Section 6-303 of the Illinois
17    Vehicle Code.
18        (4.5) A minimum term of imprisonment of 30 days shall
19    be imposed for a third violation of subsection (c) of
20    Section 6-303 of the Illinois Vehicle Code.
21        (4.6) Except as provided in paragraph (4.10) of this
22    subsection (c), a minimum term of imprisonment of 180 days
23    shall be imposed for a fourth or subsequent violation of
24    subsection (c) of Section 6-303 of the Illinois Vehicle
25    Code.
26        (4.7) A minimum term of imprisonment of not less than

 

 

HB3240- 53 -LRB098 11177 RLC 41897 b

1    30 consecutive days, or 300 hours of community service,
2    shall be imposed for a violation of subsection (a-5) of
3    Section 6-303 of the Illinois Vehicle Code, as provided in
4    subsection (b-5) of that Section.
5        (4.8) A mandatory prison sentence shall be imposed for
6    a second violation of subsection (a-5) of Section 6-303 of
7    the Illinois Vehicle Code, as provided in subsection (c-5)
8    of that Section. The person's driving privileges shall be
9    revoked for a period of not less than 5 years from the date
10    of his or her release from prison.
11        (4.9) A mandatory prison sentence of not less than 4
12    and not more than 15 years shall be imposed for a third
13    violation of subsection (a-5) of Section 6-303 of the
14    Illinois Vehicle Code, as provided in subsection (d-2.5) of
15    that Section. The person's driving privileges shall be
16    revoked for the remainder of his or her life.
17        (4.10) A mandatory prison sentence for a Class 1 felony
18    shall be imposed, and the person shall be eligible for an
19    extended term sentence, for a fourth or subsequent
20    violation of subsection (a-5) of Section 6-303 of the
21    Illinois Vehicle Code, as provided in subsection (d-3.5) of
22    that Section. The person's driving privileges shall be
23    revoked for the remainder of his or her life.
24        (5) The court may sentence a corporation or
25    unincorporated association convicted of any offense to:
26            (A) a period of conditional discharge;

 

 

HB3240- 54 -LRB098 11177 RLC 41897 b

1            (B) a fine;
2            (C) make restitution to the victim under Section
3        5-5-6 of this Code.
4        (5.1) In addition to any other penalties imposed, and
5    except as provided in paragraph (5.2) or (5.3), a person
6    convicted of violating subsection (c) of Section 11-907 of
7    the Illinois Vehicle Code shall have his or her driver's
8    license, permit, or privileges suspended for at least 90
9    days but not more than one year, if the violation resulted
10    in damage to the property of another person.
11        (5.2) In addition to any other penalties imposed, and
12    except as provided in paragraph (5.3), a person convicted
13    of violating subsection (c) of Section 11-907 of the
14    Illinois Vehicle Code shall have his or her driver's
15    license, permit, or privileges suspended for at least 180
16    days but not more than 2 years, if the violation resulted
17    in injury to another person.
18        (5.3) In addition to any other penalties imposed, a
19    person convicted of violating subsection (c) of Section
20    11-907 of the Illinois Vehicle Code shall have his or her
21    driver's license, permit, or privileges suspended for 2
22    years, if the violation resulted in the death of another
23    person.
24        (5.4) In addition to any other penalties imposed, a
25    person convicted of violating Section 3-707 of the Illinois
26    Vehicle Code shall have his or her driver's license,

 

 

HB3240- 55 -LRB098 11177 RLC 41897 b

1    permit, or privileges suspended for 3 months and until he
2    or she has paid a reinstatement fee of $100.
3        (5.5) In addition to any other penalties imposed, a
4    person convicted of violating Section 3-707 of the Illinois
5    Vehicle Code during a period in which his or her driver's
6    license, permit, or privileges were suspended for a
7    previous violation of that Section shall have his or her
8    driver's license, permit, or privileges suspended for an
9    additional 6 months after the expiration of the original
10    3-month suspension and until he or she has paid a
11    reinstatement fee of $100.
12        (6) (Blank).
13        (7) (Blank).
14        (8) (Blank).
15        (9) A defendant convicted of a second or subsequent
16    offense of ritualized abuse of a child may be sentenced to
17    a term of natural life imprisonment.
18        (10) (Blank).
19        (11) The court shall impose a minimum fine of $1,000
20    for a first offense and $2,000 for a second or subsequent
21    offense upon a person convicted of or placed on supervision
22    for battery when the individual harmed was a sports
23    official or coach at any level of competition and the act
24    causing harm to the sports official or coach occurred
25    within an athletic facility or within the immediate
26    vicinity of the athletic facility at which the sports

 

 

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1    official or coach was an active participant of the athletic
2    contest held at the athletic facility. For the purposes of
3    this paragraph (11), "sports official" means a person at an
4    athletic contest who enforces the rules of the contest,
5    such as an umpire or referee; "athletic facility" means an
6    indoor or outdoor playing field or recreational area where
7    sports activities are conducted; and "coach" means a person
8    recognized as a coach by the sanctioning authority that
9    conducted the sporting event.
10        (12) A person may not receive a disposition of court
11    supervision for a violation of Section 5-16 of the Boat
12    Registration and Safety Act if that person has previously
13    received a disposition of court supervision for a violation
14    of that Section.
15        (13) A person convicted of or placed on court
16    supervision for an assault or aggravated assault when the
17    victim and the offender are family or household members as
18    defined in Section 103 of the Illinois Domestic Violence
19    Act of 1986 or convicted of domestic battery or aggravated
20    domestic battery may be required to attend a Partner Abuse
21    Intervention Program under protocols set forth by the
22    Illinois Department of Human Services under such terms and
23    conditions imposed by the court. The costs of such classes
24    shall be paid by the offender.
25        (14) In addition to any term of imprisonment that may
26    be imposed by the court and unless the court determines

 

 

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1    that it has good cause not to impose these requirements, a
2    gang member under 21 years of age who has been convicted of
3    or placed on supervision for a gang-related offense and who
4    has not previously been convicted of or placed on
5    supervision for a gang-related offense shall, upon
6    completion of any term of imprisonment, be required: (i) to
7    perform community service, the type and number of hours of
8    community service to be determined by the court; (ii) if
9    the gang member does not have a high school diploma or a
10    GED certificate, to attend and complete educational
11    courses designed to prepare the gang member to pass the
12    high school level Test of General Educational Development
13    (GED); (iii) to comply with a curfew (A) between 11:00 p.m.
14    on Friday and 6:00 a.m. on Saturday; (B) between 11:00 p.m.
15    on Saturday and 6:00 a.m. on Sunday; and (C) between 10:00
16    p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the
17    following day; and (iv) to attend Life Skills classes
18    conducted by a community college or by a non-profit
19    offender re-entry program. The court shall inform the local
20    law enforcement agency of the jurisdiction where the gang
21    member resides after completion of any term of imprisonment
22    of the curfew imposed on the gang member and shall order
23    that the law enforcement agency conduct random monitoring
24    of the gang member to ensure compliance with the curfew
25    requirements. For the purposes of this paragraph (14),
26    "gang member" and "gang-related" have the meanings

 

 

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1    ascribed to them in Section 10 of the Illinois Streetgang
2    Terrorism Omnibus Prevention Act.
3    (d) In any case in which a sentence originally imposed is
4vacated, the case shall be remanded to the trial court. The
5trial court shall hold a hearing under Section 5-4-1 of the
6Unified Code of Corrections which may include evidence of the
7defendant's life, moral character and occupation during the
8time since the original sentence was passed. The trial court
9shall then impose sentence upon the defendant. The trial court
10may impose any sentence which could have been imposed at the
11original trial subject to Section 5-5-4 of the Unified Code of
12Corrections. If a sentence is vacated on appeal or on
13collateral attack due to the failure of the trier of fact at
14trial to determine beyond a reasonable doubt the existence of a
15fact (other than a prior conviction) necessary to increase the
16punishment for the offense beyond the statutory maximum
17otherwise applicable, either the defendant may be re-sentenced
18to a term within the range otherwise provided or, if the State
19files notice of its intention to again seek the extended
20sentence, the defendant shall be afforded a new trial.
21    (e) In cases where prosecution for aggravated criminal
22sexual abuse under Section 11-1.60 or 12-16 of the Criminal
23Code of 1961 or the Criminal Code of 2012 results in conviction
24of a defendant who was a family member of the victim at the
25time of the commission of the offense, the court shall consider
26the safety and welfare of the victim and may impose a sentence

 

 

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1of probation only where:
2        (1) the court finds (A) or (B) or both are appropriate:
3            (A) the defendant is willing to undergo a court
4        approved counseling program for a minimum duration of 2
5        years; or
6            (B) the defendant is willing to participate in a
7        court approved plan including but not limited to the
8        defendant's:
9                (i) removal from the household;
10                (ii) restricted contact with the victim;
11                (iii) continued financial support of the
12            family;
13                (iv) restitution for harm done to the victim;
14            and
15                (v) compliance with any other measures that
16            the court may deem appropriate; and
17        (2) the court orders the defendant to pay for the
18    victim's counseling services, to the extent that the court
19    finds, after considering the defendant's income and
20    assets, that the defendant is financially capable of paying
21    for such services, if the victim was under 18 years of age
22    at the time the offense was committed and requires
23    counseling as a result of the offense.
24    Probation may be revoked or modified pursuant to Section
255-6-4; except where the court determines at the hearing that
26the defendant violated a condition of his or her probation

 

 

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1restricting contact with the victim or other family members or
2commits another offense with the victim or other family
3members, the court shall revoke the defendant's probation and
4impose a term of imprisonment.
5    For the purposes of this Section, "family member" and
6"victim" shall have the meanings ascribed to them in Section
711-0.1 of the Criminal Code of 2012.
8    (f) (Blank).
9    (g) Whenever a defendant is convicted of an offense under
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1111-14.3, 11-14.4 except for an offense that involves keeping a
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, the defendant shall undergo medical
16testing to determine whether the defendant has any sexually
17transmissible disease, including a test for infection with
18human immunodeficiency virus (HIV) or any other identified
19causative agent of acquired immunodeficiency syndrome (AIDS).
20Any such medical test shall be performed only by appropriately
21licensed medical practitioners and may include an analysis of
22any bodily fluids as well as an examination of the defendant's
23person. Except as otherwise provided by law, the results of
24such test shall be kept strictly confidential by all medical
25personnel involved in the testing and must be personally
26delivered in a sealed envelope to the judge of the court in

 

 

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1which the conviction was entered for the judge's inspection in
2camera. Acting in accordance with the best interests of the
3victim and the public, the judge shall have the discretion to
4determine to whom, if anyone, the results of the testing may be
5revealed. The court shall notify the defendant of the test
6results. The court shall also notify the victim if requested by
7the victim, and if the victim is under the age of 15 and if
8requested by the victim's parents or legal guardian, the court
9shall notify the victim's parents or legal guardian of the test
10results. The court shall provide information on the
11availability of HIV testing and counseling at Department of
12Public Health facilities to all parties to whom the results of
13the testing are revealed and shall direct the State's Attorney
14to provide the information to the victim when possible. A
15State's Attorney may petition the court to obtain the results
16of any HIV test administered under this Section, and the court
17shall grant the disclosure if the State's Attorney shows it is
18relevant in order to prosecute a charge of criminal
19transmission of HIV under Section 12-5.01 or 12-16.2 of the
20Criminal Code of 1961 or the Criminal Code of 2012 against the
21defendant. The court shall order that the cost of any such test
22shall be paid by the county and may be taxed as costs against
23the convicted defendant.
24    (g-5) When an inmate is tested for an airborne communicable
25disease, as determined by the Illinois Department of Public
26Health including but not limited to tuberculosis, the results

 

 

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1of the test shall be personally delivered by the warden or his
2or her designee in a sealed envelope to the judge of the court
3in which the inmate must appear for the judge's inspection in
4camera if requested by the judge. Acting in accordance with the
5best interests of those in the courtroom, the judge shall have
6the discretion to determine what if any precautions need to be
7taken to prevent transmission of the disease in the courtroom.
8    (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

 

 

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1the State's Attorney to provide the information to the victim
2when possible. A State's Attorney may petition the court to
3obtain the results of any HIV test administered under this
4Section, and the court shall grant the disclosure if the
5State's Attorney shows it is relevant in order to prosecute a
6charge of criminal transmission of HIV under Section 12-5.01 or
712-16.2 of the Criminal Code of 1961 or the Criminal Code of
82012 against the defendant. The court shall order that the cost
9of any such test shall be paid by the county and may be taxed as
10costs against the convicted defendant.
11    (i) All fines and penalties imposed under this Section for
12any violation of Chapters 3, 4, 6, and 11 of the Illinois
13Vehicle Code, or a similar provision of a local ordinance, and
14any violation of the Child Passenger Protection Act, or a
15similar provision of a local ordinance, shall be collected and
16disbursed by the circuit clerk as provided under Section 27.5
17of the Clerks of Courts Act.
18    (j) In cases when prosecution for any violation of Section
1911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
24Code of 2012, any violation of the Illinois Controlled
25Substances Act, any violation of the Cannabis Control Act, or
26any violation of the Methamphetamine Control and Community

 

 

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1Protection Act results in conviction, a disposition of court
2supervision, or an order of probation granted under Section 10
3of the Cannabis Control Act, Section 410 of the Illinois
4Controlled Substance Act, or Section 70 of the Methamphetamine
5Control and Community Protection Act of a defendant, the court
6shall determine whether the defendant is employed by a facility
7or center as defined under the Child Care Act of 1969, a public
8or private elementary or secondary school, or otherwise works
9with children under 18 years of age on a daily basis. When a
10defendant is so employed, the court shall order the Clerk of
11the Court to send a copy of the judgment of conviction or order
12of supervision or probation to the defendant's employer by
13certified mail. If the employer of the defendant is a school,
14the Clerk of the Court shall direct the mailing of a copy of
15the judgment of conviction or order of supervision or probation
16to the appropriate regional superintendent of schools. The
17regional superintendent of schools shall notify the State Board
18of Education of any notification under this subsection.
19    (j-5) A defendant at least 17 years of age who is convicted
20of a felony and who has not been previously convicted of a
21misdemeanor or felony and who is sentenced to a term of
22imprisonment in the Illinois Department of Corrections shall as
23a condition of his or her sentence be required by the court to
24attend educational courses designed to prepare the defendant
25for a high school diploma and to work toward a high school
26diploma or to work toward passing the high school level Test of

 

 

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1General Educational Development (GED) or to work toward
2completing a vocational training program offered by the
3Department of Corrections. If a defendant fails to complete the
4educational training required by his or her sentence during the
5term of incarceration, the Prisoner Review Board shall, as a
6condition of mandatory supervised release, require the
7defendant, at his or her own expense, to pursue a course of
8study toward a high school diploma or passage of the GED test.
9The Prisoner Review Board shall revoke the mandatory supervised
10release of a defendant who wilfully fails to comply with this
11subsection (j-5) upon his or her release from confinement in a
12penal institution while serving a mandatory supervised release
13term; however, the inability of the defendant after making a
14good faith effort to obtain financial aid or pay for the
15educational training shall not be deemed a wilful failure to
16comply. The Prisoner Review Board shall recommit the defendant
17whose mandatory supervised release term has been revoked under
18this subsection (j-5) as provided in Section 3-3-9. This
19subsection (j-5) does not apply to a defendant who has a high
20school diploma or has successfully passed the GED test. This
21subsection (j-5) does not apply to a defendant who is
22determined by the court to be developmentally disabled or
23otherwise mentally incapable of completing the educational or
24vocational program.
25    (k) (Blank).
26    (l) (A) Except as provided in paragraph (C) of subsection

 

 

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1    (l), whenever a defendant, who is an alien as defined by
2    the Immigration and Nationality Act, is convicted of any
3    felony or misdemeanor offense, the court after sentencing
4    the defendant may, upon motion of the State's Attorney,
5    hold sentence in abeyance and remand the defendant to the
6    custody of the Attorney General of the United States or his
7    or her designated agent to be deported when:
8            (1) a final order of deportation has been issued
9        against the defendant pursuant to proceedings under
10        the Immigration and Nationality Act, and
11            (2) the deportation of the defendant would not
12        deprecate the seriousness of the defendant's conduct
13        and would not be inconsistent with the ends of justice.
14        Otherwise, the defendant shall be sentenced as
15    provided in this Chapter V.
16        (B) If the defendant has already been sentenced for a
17    felony or misdemeanor offense, or has been placed on
18    probation under Section 10 of the Cannabis Control Act,
19    Section 410 of the Illinois Controlled Substances Act, or
20    Section 70 of the Methamphetamine Control and Community
21    Protection Act, the court may, upon motion of the State's
22    Attorney to suspend the sentence imposed, commit the
23    defendant to the custody of the Attorney General of the
24    United States or his or her designated agent when:
25            (1) a final order of deportation has been issued
26        against the defendant pursuant to proceedings under

 

 

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1        the Immigration and Nationality Act, and
2            (2) the deportation of the defendant would not
3        deprecate the seriousness of the defendant's conduct
4        and would not be inconsistent with the ends of justice.
5        (C) This subsection (l) does not apply to offenders who
6    are subject to the provisions of paragraph (2) of
7    subsection (a) of Section 3-6-3.
8        (D) Upon motion of the State's Attorney, if a defendant
9    sentenced under this Section returns to the jurisdiction of
10    the United States, the defendant shall be recommitted to
11    the custody of the county from which he or she was
12    sentenced. Thereafter, the defendant shall be brought
13    before the sentencing court, which may impose any sentence
14    that was available under Section 5-5-3 at the time of
15    initial sentencing. In addition, the defendant shall not be
16    eligible for additional sentence credit for good conduct as
17    provided under Section 3-6-3.
18    (m) A person convicted of criminal defacement of property
19under Section 21-1.3 of the Criminal Code of 1961 or the
20Criminal Code of 2012, in which the property damage exceeds
21$300 and the property damaged is a school building, shall be
22ordered to perform community service that may include cleanup,
23removal, or painting over the defacement.
24    (n) The court may sentence a person convicted of a
25violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
26subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

 

 

HB3240- 68 -LRB098 11177 RLC 41897 b

1of 1961 or the Criminal Code of 2012 (i) to an impact
2incarceration program if the person is otherwise eligible for
3that program under Section 5-8-1.1, (ii) to community service,
4or (iii) if the person is an addict or alcoholic, as defined in
5the Alcoholism and Other Drug Abuse and Dependency Act, to a
6substance or alcohol abuse program licensed under that Act.
7    (o) Whenever a person is convicted of a sex offense as
8defined in Section 2 of the Sex Offender Registration Act, the
9defendant's driver's license or permit shall be subject to
10renewal on an annual basis in accordance with the provisions of
11license renewal established by the Secretary of State.
12(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1396-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
141, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
15eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1697-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
178-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
18eff. 1-25-13.)