Full Text of HB2749 95th General Assembly
HB2749ham002 95TH GENERAL ASSEMBLY
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Rep. John D'Amico
Filed: 4/18/2007
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09500HB2749ham002 |
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LRB095 00989 RLC 35137 a |
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| AMENDMENT TO HOUSE BILL 2749
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| AMENDMENT NO. ______. Amend House Bill 2749 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-8A-2 as follows:
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| (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
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| Sec. 5-8A-2. Definitions. As used in this Article:
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| (A) "Approved electronic monitoring device" means a device | 9 |
| approved by
the supervising authority which is primarily | 10 |
| intended to record or transmit
information as to the | 11 |
| defendant's presence or nonpresence in the home.
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| An approved electronic monitoring device may record or | 13 |
| transmit: oral or
wire communications or an auditory sound; | 14 |
| visual images; or information
regarding the offender's | 15 |
| activities while inside the offender's home.
These devices are | 16 |
| subject to the required consent as set forth in Section
5-8A-5 |
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LRB095 00989 RLC 35137 a |
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| of this Article.
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| An approved electronic monitoring device may be used to | 3 |
| record a
conversation between the participant and the | 4 |
| monitoring device, or the
participant and the person | 5 |
| supervising the participant solely for the
purpose of | 6 |
| identification and not for the purpose of eavesdropping or
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| conducting any other illegally intrusive monitoring.
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| (B) "Excluded offenses" means first degree murder, escape, | 9 |
| predatory
criminal sexual assault of a child, aggravated | 10 |
| criminal sexual assault,
criminal sexual assault, aggravated | 11 |
| battery with a firearm, bringing or
possessing a firearm, | 12 |
| ammunition or explosive in a penal institution, any
"Super-X" | 13 |
| drug offense or calculated criminal drug conspiracy or | 14 |
| streetgang
criminal drug conspiracy, or any predecessor or | 15 |
| successor offenses with the
same or substantially the same | 16 |
| elements, or any inchoate offenses relating to
the foregoing | 17 |
| offenses.
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| (C) "Home detention" means the confinement of a person | 19 |
| convicted or
charged with an offense to his or her place of | 20 |
| residence under the terms
and conditions established by the | 21 |
| supervising authority.
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| (D) "Participant" means an inmate or offender placed into | 23 |
| an
electronic monitoring program.
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| (E) "Supervising authority" means the Department of | 25 |
| Corrections,
probation supervisory authority, sheriff, | 26 |
| superintendent of
municipal house of corrections or any other |
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LRB095 00989 RLC 35137 a |
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| officer or agency charged with
authorizing and supervising home | 2 |
| detention. In counties of over 3,000,000 inhabitants, for the | 3 |
| purpose of determining eligibility of a person to be placed in | 4 |
| an electronic home detention program, the "supervising | 5 |
| authority" shall be the judge and not the sheriff.
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| (F) "Super-X drug offense" means a violation of Section | 7 |
| 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | 8 |
| Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | 9 |
| (C), or (D) of the Illinois Controlled Substances
Act.
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| (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff. | 11 |
| 5-29-96; 89-498,
eff. 6-27-96.)".
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