Full Text of HB5736 98th General Assembly
HB5736ham001 98TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 3/25/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5736
| 2 | | AMENDMENT NO. ______. Amend House Bill 5736 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-205 and 6-206 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver's conviction of any of the following offenses:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 2. Violation of Section 11-501 of this Code or a | 16 | | similar provision of
a local ordinance relating to the |
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| 1 | | offense of operating or being in physical
control of a | 2 | | vehicle while under the influence of alcohol, other drug or
| 3 | | drugs, intoxicating compound or compounds, or any | 4 | | combination thereof;
| 5 | | 3. Any felony under the laws of any State or the | 6 | | federal government
in the commission of which a motor | 7 | | vehicle was used;
| 8 | | 4. Violation of Section 11-401 of this Code relating to | 9 | | the offense of
leaving the scene of a traffic accident | 10 | | involving death or personal injury;
| 11 | | 5. Perjury or the making of a false affidavit or | 12 | | statement under
oath to the Secretary of State under this | 13 | | Code or under any
other law relating to the ownership or | 14 | | operation of motor vehicles;
| 15 | | 6. Conviction upon 3 charges of violation of Section | 16 | | 11-503 of this
Code relating to the offense of reckless | 17 | | driving committed within a
period of 12 months;
| 18 | | 7. Conviction of any offense
defined in
Section 4-102 | 19 | | of this Code;
| 20 | | 8. Violation of Section 11-504 of this Code relating to | 21 | | the offense
of drag racing;
| 22 | | 9. Violation of Chapters 8 and 9 of this Code;
| 23 | | 10. Violation of Section 12-5 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 25 | | motor vehicle;
| 26 | | 11. Violation of Section 11-204.1 of this Code relating |
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| 1 | | to aggravated
fleeing or attempting to elude a peace | 2 | | officer;
| 3 | | 12. Violation of paragraph (1) of subsection (b) of | 4 | | Section 6-507,
or a similar law of any other state, | 5 | | relating to the
unlawful operation of a commercial motor | 6 | | vehicle;
| 7 | | 13. Violation of paragraph (a) of Section 11-502 of | 8 | | this Code or a
similar provision of a local ordinance if | 9 | | the driver has been previously
convicted of a violation of | 10 | | that Section or a similar provision of a local
ordinance | 11 | | and the driver was less than 21 years of age at the time of | 12 | | the
offense;
| 13 | | 14. Violation of paragraph (a) of Section 11-506 of | 14 | | this Code or a similar provision of a local ordinance | 15 | | relating to the offense of street racing;
| 16 | | 15. A second or subsequent conviction of driving while | 17 | | the person's driver's license, permit or privileges was | 18 | | revoked for reckless homicide or a similar out-of-state | 19 | | offense; | 20 | | 16. Any offense against any provision in this Code, or | 21 | | any local ordinance, regulating the
movement of traffic | 22 | | when that offense was the proximate cause of the death of | 23 | | any person. Any person whose driving privileges have been | 24 | | revoked pursuant to this paragraph may seek to have the | 25 | | revocation terminated or to have the length of revocation | 26 | | reduced by requesting an administrative hearing with the |
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| 1 | | Secretary of State prior to the projected driver's license | 2 | | application eligibility date; | 3 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 4 | | of this Code or a similar provision of a local ordinance; | 5 | | 18. A second or subsequent conviction of illegal | 6 | | possession, while operating or in actual physical control, | 7 | | as a driver, of a motor vehicle, of any controlled | 8 | | substance prohibited under the Illinois Controlled | 9 | | Substances Act, any cannabis prohibited under the Cannabis | 10 | | Control Act, or any methamphetamine prohibited under the | 11 | | Methamphetamine Control and Community Protection Act. A | 12 | | defendant found guilty of this offense while operating a | 13 | | motor vehicle
shall have an entry made in the court record | 14 | | by the presiding judge that
this offense did occur while | 15 | | the defendant was operating a motor vehicle
and order the | 16 | | clerk of the court to report the violation to the Secretary
| 17 | | of State. | 18 | | (b) The Secretary of State shall also immediately revoke | 19 | | the license
or permit of any driver in the following | 20 | | situations:
| 21 | | 1. Of any minor upon receiving the notice provided for | 22 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 23 | | minor has been
adjudicated under that Act as having | 24 | | committed an offense relating to
motor vehicles prescribed | 25 | | in Section 4-103 of this Code;
| 26 | | 2. Of any person when any other law of this State |
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| 1 | | requires either the
revocation or suspension of a license | 2 | | or permit;
| 3 | | 3. Of any person adjudicated under the Juvenile Court | 4 | | Act of 1987 based on an offense determined to have been | 5 | | committed in furtherance of the criminal activities of an | 6 | | organized gang as provided in Section 5-710 of that Act, | 7 | | and that involved the operation or use of a motor vehicle | 8 | | or the use of a driver's license or permit. The revocation | 9 | | shall remain in effect for the period determined by the | 10 | | court. Upon the direction of the court, the Secretary shall | 11 | | issue the person a judicial driving permit, also known as a | 12 | | JDP. The JDP shall be subject to the same terms as a JDP | 13 | | issued under Section 6-206.1, except that the court may | 14 | | direct that a JDP issued under this subdivision (b)(3) be | 15 | | effective immediately.
| 16 | | (c)(1) Whenever a person is convicted of any of the | 17 | | offenses enumerated in
this Section, the court may recommend | 18 | | and the Secretary of State in his
discretion, without regard to | 19 | | whether the recommendation is made by the
court may, upon | 20 | | application,
issue to the person a
restricted driving permit | 21 | | granting the privilege of driving a motor
vehicle between the | 22 | | petitioner's residence and petitioner's place
of employment or | 23 | | within the scope of the petitioner's employment related
duties, | 24 | | or to allow the petitioner to transport himself or herself or a | 25 | | family member
of the petitioner's household to a medical | 26 | | facility for the receipt of necessary medical care or to allow |
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| 1 | | the
petitioner to transport himself or herself to and from | 2 | | alcohol or drug remedial or rehabilitative activity | 3 | | recommended by a licensed service provider, or to allow the
| 4 | | petitioner to transport himself or herself or a family member | 5 | | of the petitioner's household to classes, as a student, at an | 6 | | accredited educational
institution, or to allow the petitioner | 7 | | to transport children, elderly persons, or disabled persons who | 8 | | do not hold driving privileges and are living in the | 9 | | petitioner's household to and from daycare; if the petitioner | 10 | | is able to demonstrate that no alternative means
of | 11 | | transportation is reasonably available and that the petitioner | 12 | | will not endanger
the public safety or welfare; provided that | 13 | | the Secretary's discretion shall be
limited to cases where | 14 | | undue hardship, as defined by the rules of the Secretary of | 15 | | State, would result from a failure to issue the
restricted | 16 | | driving permit. Those multiple offenders identified in | 17 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 18 | | not be eligible for the issuance of a restricted driving | 19 | | permit.
| 20 | | (2) If a person's license or permit is revoked or | 21 | | suspended due to one 2 or
more convictions of violating | 22 | | Section 11-501 of this Code or a similar
provision of a | 23 | | local ordinance or a similar out-of-state offense, or | 24 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 25 | | Code of 2012, where the use of alcohol or other drugs is | 26 | | recited as an element of the offense, or a similar |
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| 1 | | out-of-state offense, or a combination of these offenses, | 2 | | arising out
of separate occurrences, that person, if issued | 3 | | a restricted driving permit,
may not operate a vehicle | 4 | | unless it has been equipped with an ignition
interlock | 5 | | device as defined in Section 1-129.1 , except as authorized | 6 | | by a court under paragraph (13) of subsection (a) of | 7 | | Section 5-6-3 of the Unified Code of Corrections .
| 8 | | (3) If:
| 9 | | (A) a person's license or permit is revoked or | 10 | | suspended 2 or more
times within a 10 year period due | 11 | | to any combination of: | 12 | | (i)
a single conviction of violating Section
| 13 | | 11-501 of this Code or a similar provision of a | 14 | | local ordinance or a similar
out-of-state offense, | 15 | | or Section 9-3 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, where the use of alcohol or | 17 | | other drugs is recited as an element of the | 18 | | offense, or a similar out-of-state offense; or | 19 | | (ii)
a statutory summary suspension or | 20 | | revocation under Section
11-501.1; or | 21 | | (iii)
a suspension pursuant to Section | 22 | | 6-203.1;
| 23 | | arising out of
separate occurrences; or | 24 | | (B)
a person has been convicted of one violation of | 25 | | Section 6-303 of this Code committed while his or her | 26 | | driver's license, permit, or privilege was revoked |
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| 1 | | because of a violation of Section 9-3 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, relating to | 3 | | the offense of reckless homicide where the use of | 4 | | alcohol or other drugs was recited as an element of the | 5 | | offense, or a similar provision of a law of another | 6 | | state;
| 7 | | that person, if issued a restricted
driving permit, may not | 8 | | operate a vehicle unless it has been equipped with an
| 9 | | ignition interlock device as defined in Section 1-129.1. | 10 | | (4)
The person issued a permit conditioned on the use | 11 | | of an ignition interlock device must pay to the Secretary | 12 | | of State DUI Administration Fund an amount
not to exceed | 13 | | $30 per month. The Secretary shall establish by rule the | 14 | | amount
and the procedures, terms, and conditions relating | 15 | | to these fees. | 16 | | (5)
If the restricted driving permit is issued for | 17 | | employment purposes, then
the prohibition against | 18 | | operating a motor vehicle that is not equipped with an | 19 | | ignition interlock device does not apply to the operation | 20 | | of an occupational vehicle
owned or leased by that person's | 21 | | employer when used solely for employment purposes. | 22 | | (6)
In each case the Secretary of State may issue a
| 23 | | restricted driving permit for a period he deems | 24 | | appropriate, except that the
permit shall expire within one | 25 | | year from the date of issuance. The Secretary
may not, | 26 | | however, issue a restricted driving permit to any person |
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| 1 | | whose current
revocation is the result of a second or | 2 | | subsequent conviction for a violation
of Section 11-501 of | 3 | | this Code or a similar provision of a local ordinance
or | 4 | | any similar out-of-state offense, or Section 9-3 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 6 | | the use of alcohol or other drugs is recited as an element | 7 | | of the offense, or any similar out-of-state offense, or any | 8 | | combination of these offenses, until the expiration of at | 9 | | least one year from the date of the
revocation. A | 10 | | restricted
driving permit issued under this Section shall | 11 | | be
subject to cancellation, revocation, and suspension by | 12 | | the Secretary of
State in like manner and for like cause as | 13 | | a driver's license issued
under this Code may be cancelled, | 14 | | revoked, or
suspended; except that a conviction upon one or | 15 | | more offenses against laws or
ordinances regulating the | 16 | | movement of traffic shall be deemed sufficient cause
for | 17 | | the revocation, suspension, or cancellation of a | 18 | | restricted driving permit.
The Secretary of State may, as a | 19 | | condition to the issuance of a restricted
driving permit, | 20 | | require the petitioner to participate in a designated | 21 | | driver
remedial or rehabilitative program. The Secretary | 22 | | of State is authorized to
cancel a restricted driving | 23 | | permit if the permit holder does not successfully
complete | 24 | | the program. However, if an individual's driving | 25 | | privileges have been
revoked in accordance with paragraph | 26 | | 13 of subsection (a) of this Section, no
restricted driving |
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| 1 | | permit shall be issued until the individual has served 6
| 2 | | months of the revocation period.
| 3 | | (c-5) (Blank).
| 4 | | (c-6) If a person is convicted of a second violation of | 5 | | operating a motor vehicle while the person's driver's license, | 6 | | permit or privilege was revoked, where the revocation was for a | 7 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 relating to the offense of reckless | 9 | | homicide or a similar out-of-state offense, the person's | 10 | | driving privileges shall be revoked pursuant to subdivision | 11 | | (a)(15) of this Section. The person may not make application | 12 | | for a license or permit until the expiration of five years from | 13 | | the effective date of the revocation or the expiration of five | 14 | | years from the date of release from a term of imprisonment, | 15 | | whichever is later. | 16 | | (c-7) If a person is convicted of a third or subsequent | 17 | | violation of operating a motor vehicle while the person's | 18 | | driver's license, permit or privilege was revoked, where the | 19 | | revocation was for a violation of Section 9-3 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012 relating to the | 21 | | offense of reckless homicide or a similar out-of-state offense, | 22 | | the person may never apply for a license or permit. | 23 | | (d)(1) Whenever a person under the age of 21 is convicted | 24 | | under Section
11-501 of this Code or a similar provision of a | 25 | | local ordinance or a similar out-of-state offense, the
| 26 | | Secretary of State shall revoke the driving privileges of that |
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| 1 | | person. One
year after the date of revocation, and upon | 2 | | application, the Secretary of
State may, if satisfied that the | 3 | | person applying will not endanger the
public safety or welfare, | 4 | | issue a restricted driving permit granting the
privilege of | 5 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 6 | | p.m. or as otherwise provided by this Section for a period of | 7 | | one year.
After this one year period, and upon reapplication | 8 | | for a license as
provided in Section 6-106, upon payment of the | 9 | | appropriate reinstatement
fee provided under paragraph (b) of | 10 | | Section 6-118, the Secretary of State,
in his discretion, may
| 11 | | reinstate the petitioner's driver's license and driving | 12 | | privileges, or extend the restricted driving permit as many | 13 | | times as the
Secretary of State deems appropriate, by | 14 | | additional periods of not more than
12 months each.
| 15 | | (2) If a person's license or permit is revoked or | 16 | | suspended due to one 2 or
more convictions of violating | 17 | | Section 11-501 of this Code or a similar
provision of a | 18 | | local ordinance or a similar out-of-state offense, or | 19 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 20 | | Code of 2012, where the use of alcohol or other drugs is | 21 | | recited as an element of the offense, or a similar | 22 | | out-of-state offense, or a combination of these offenses, | 23 | | arising out
of separate occurrences, that person, if issued | 24 | | a restricted driving permit,
may not operate a vehicle | 25 | | unless it has been equipped with an ignition
interlock | 26 | | device as defined in Section 1-129.1 , except as authorized |
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| 1 | | by a court under paragraph (13) of subsection (a) of | 2 | | Section 5-6-3 of the Unified Code of Corrections .
| 3 | | (3) If a person's license or permit is revoked or | 4 | | suspended 2 or more times
within a 10 year period due to | 5 | | any combination of: | 6 | | (A) a single conviction of violating Section | 7 | | 11-501
of this
Code or a similar provision of a local | 8 | | ordinance or a similar out-of-state
offense, or | 9 | | Section 9-3 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, where the use of alcohol or | 11 | | other drugs is recited as an element of the offense, or | 12 | | a similar out-of-state offense; or | 13 | | (B)
a statutory summary suspension or revocation | 14 | | under Section 11-501.1; or | 15 | | (C) a suspension pursuant to Section 6-203.1; | 16 | | arising out of separate occurrences, that person, if issued | 17 | | a
restricted
driving permit, may not operate a vehicle | 18 | | unless it has been equipped with an
ignition interlock | 19 | | device as defined in Section 1-129.1. | 20 | | (4)
The person issued a permit conditioned upon the use | 21 | | of an interlock device must pay to the Secretary of State | 22 | | DUI Administration Fund an amount
not to exceed $30 per | 23 | | month. The Secretary shall establish by rule the amount
and | 24 | | the procedures, terms, and conditions relating to these | 25 | | fees. | 26 | | (5)
If the restricted driving permit is issued for |
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| 1 | | employment purposes, then
the prohibition against driving | 2 | | a vehicle that is not equipped with an ignition interlock | 3 | | device does not apply to the operation of an occupational | 4 | | vehicle
owned or leased by that person's employer when used | 5 | | solely for employment purposes. | 6 | | (6) A
restricted driving permit issued under this | 7 | | Section shall be subject to
cancellation, revocation, and | 8 | | suspension by the Secretary of State in like
manner and for | 9 | | like cause as a driver's license issued under this Code may | 10 | | be
cancelled, revoked, or suspended; except that a | 11 | | conviction upon one or more
offenses against laws or | 12 | | ordinances regulating the movement of traffic
shall be | 13 | | deemed sufficient cause for the revocation, suspension, or
| 14 | | cancellation of a restricted driving permit.
| 15 | | (d-5) The revocation of the license, permit, or driving | 16 | | privileges of a person convicted of a third or subsequent | 17 | | violation of Section 6-303 of this Code committed while his or | 18 | | her driver's license, permit, or privilege was revoked because | 19 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012, relating to the offense of reckless | 21 | | homicide, or a similar provision of a law of another state, is | 22 | | permanent. The Secretary may not, at any time, issue a license | 23 | | or permit to that person.
| 24 | | (e) This Section is subject to the provisions of the Driver | 25 | | License
Compact.
| 26 | | (f) Any revocation imposed upon any person under |
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| 1 | | subsections 2
and 3 of paragraph (b) that is in effect on | 2 | | December 31, 1988 shall be
converted to a suspension for a like | 3 | | period of time.
| 4 | | (g) The Secretary of State shall not issue a restricted | 5 | | driving permit to
a person under the age of 16 years whose | 6 | | driving privileges have been revoked
under any provisions of | 7 | | this Code.
| 8 | | (h) The Secretary of State shall require the use of | 9 | | ignition interlock
devices on all vehicles owned by a person | 10 | | who has been convicted of a
second or subsequent offense under | 11 | | Section 11-501 of this Code or a similar
provision of a local | 12 | | ordinance. The person must pay to the Secretary of State DUI | 13 | | Administration Fund an amount not to exceed $30 for each month | 14 | | that he or she uses the device. The Secretary shall establish | 15 | | by rule and
regulation the procedures for certification and use | 16 | | of the interlock
system, the amount of the fee, and the | 17 | | procedures, terms, and conditions relating to these fees.
| 18 | | (i) (Blank).
| 19 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 20 | | State may not issue a restricted driving permit for the | 21 | | operation of a commercial motor vehicle to a person holding a | 22 | | CDL whose driving privileges have been revoked, suspended, | 23 | | cancelled, or disqualified under any provisions of this Code.
| 24 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 25 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 26 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. |
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| 1 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 2 | | (625 ILCS 5/6-206)
| 3 | | Sec. 6-206. Discretionary authority to suspend or revoke | 4 | | license or
permit; Right to a hearing.
| 5 | | (a) The Secretary of State is authorized to suspend or | 6 | | revoke the
driving privileges of any person without preliminary | 7 | | hearing upon a showing
of the person's records or other | 8 | | sufficient evidence that
the person:
| 9 | | 1. Has committed an offense for which mandatory | 10 | | revocation of
a driver's license or permit is required upon | 11 | | conviction;
| 12 | | 2. Has been convicted of not less than 3 offenses | 13 | | against traffic
regulations governing the movement of | 14 | | vehicles committed within any 12
month period. No | 15 | | revocation or suspension shall be entered more than
6 | 16 | | months after the date of last conviction;
| 17 | | 3. Has been repeatedly involved as a driver in motor | 18 | | vehicle
collisions or has been repeatedly convicted of | 19 | | offenses against laws and
ordinances regulating the | 20 | | movement of traffic, to a degree that
indicates lack of | 21 | | ability to exercise ordinary and reasonable care in
the | 22 | | safe operation of a motor vehicle or disrespect for the | 23 | | traffic laws
and the safety of other persons upon the | 24 | | highway;
| 25 | | 4. Has by the unlawful operation of a motor vehicle |
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| 1 | | caused or
contributed to an accident resulting in injury | 2 | | requiring
immediate professional treatment in a medical | 3 | | facility or doctor's office
to any person, except that any | 4 | | suspension or revocation imposed by the
Secretary of State | 5 | | under the provisions of this subsection shall start no
| 6 | | later than 6 months after being convicted of violating a | 7 | | law or
ordinance regulating the movement of traffic, which | 8 | | violation is related
to the accident, or shall start not | 9 | | more than one year
after
the date of the accident, | 10 | | whichever date occurs later;
| 11 | | 5. Has permitted an unlawful or fraudulent use of a | 12 | | driver's
license, identification card, or permit;
| 13 | | 6. Has been lawfully convicted of an offense or | 14 | | offenses in another
state, including the authorization | 15 | | contained in Section 6-203.1, which
if committed within | 16 | | this State would be grounds for suspension or revocation;
| 17 | | 7. Has refused or failed to submit to an examination | 18 | | provided for by
Section 6-207 or has failed to pass the | 19 | | examination;
| 20 | | 8. Is ineligible for a driver's license or permit under | 21 | | the provisions
of Section 6-103;
| 22 | | 9. Has made a false statement or knowingly concealed a | 23 | | material fact
or has used false information or | 24 | | identification in any application for a
license, | 25 | | identification card, or permit;
| 26 | | 10. Has possessed, displayed, or attempted to |
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| 1 | | fraudulently use any
license, identification card, or | 2 | | permit not issued to the person;
| 3 | | 11. Has operated a motor vehicle upon a highway of this | 4 | | State when
the person's driving privilege or privilege to | 5 | | obtain a driver's license
or permit was revoked or | 6 | | suspended unless the operation was authorized by
a | 7 | | monitoring device driving permit, judicial driving permit | 8 | | issued prior to January 1, 2009, probationary license to | 9 | | drive, or a restricted
driving permit issued under this | 10 | | Code;
| 11 | | 12. Has submitted to any portion of the application | 12 | | process for
another person or has obtained the services of | 13 | | another person to submit to
any portion of the application | 14 | | process for the purpose of obtaining a
license, | 15 | | identification card, or permit for some other person;
| 16 | | 13. Has operated a motor vehicle upon a highway of this | 17 | | State when
the person's driver's license or permit was | 18 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 19 | | 14. Has committed a violation of Section 6-301, | 20 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 21 | | of the Illinois Identification Card
Act;
| 22 | | 15. Has been convicted of violating Section 21-2 of the | 23 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 24 | | to criminal trespass to vehicles in which case, the | 25 | | suspension
shall be for one year;
| 26 | | 16. Has been convicted of violating Section 11-204 of |
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| 1 | | this Code relating
to fleeing from a peace officer;
| 2 | | 17. Has refused to submit to a test, or tests, as | 3 | | required under Section
11-501.1 of this Code and the person | 4 | | has not sought a hearing as
provided for in Section | 5 | | 11-501.1;
| 6 | | 18. Has, since issuance of a driver's license or | 7 | | permit, been adjudged
to be afflicted with or suffering | 8 | | from any mental disability or disease;
| 9 | | 19. Has committed a violation of paragraph (a) or (b) | 10 | | of Section 6-101
relating to driving without a driver's | 11 | | license;
| 12 | | 20. Has been convicted of violating Section 6-104 | 13 | | relating to
classification of driver's license;
| 14 | | 21. Has been convicted of violating Section 11-402 of
| 15 | | this Code relating to leaving the scene of an accident | 16 | | resulting in damage
to a vehicle in excess of $1,000, in | 17 | | which case the suspension shall be
for one year;
| 18 | | 22. Has used a motor vehicle in violating paragraph | 19 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 21 | | relating
to unlawful use of weapons, in which case the | 22 | | suspension shall be for one
year;
| 23 | | 23. Has, as a driver, been convicted of committing a | 24 | | violation of
paragraph (a) of Section 11-502 of this Code | 25 | | for a second or subsequent
time within one year of a | 26 | | similar violation;
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| 1 | | 24. Has been convicted by a court-martial or punished | 2 | | by non-judicial
punishment by military authorities of the | 3 | | United States at a military
installation in Illinois of or | 4 | | for a traffic related offense that is the
same as or | 5 | | similar to an offense specified under Section 6-205 or | 6 | | 6-206 of
this Code;
| 7 | | 25. Has permitted any form of identification to be used | 8 | | by another in
the application process in order to obtain or | 9 | | attempt to obtain a license,
identification card, or | 10 | | permit;
| 11 | | 26. Has altered or attempted to alter a license or has | 12 | | possessed an
altered license, identification card, or | 13 | | permit;
| 14 | | 27. Has violated Section 6-16 of the Liquor Control Act | 15 | | of 1934;
| 16 | | 28. Has been convicted for a first time of the illegal | 17 | | possession, while operating or
in actual physical control, | 18 | | as a driver, of a motor vehicle, of any
controlled | 19 | | substance prohibited under the Illinois Controlled | 20 | | Substances
Act, any cannabis prohibited under the Cannabis | 21 | | Control
Act, or any methamphetamine prohibited under the | 22 | | Methamphetamine Control and Community Protection Act, in | 23 | | which case the person's driving privileges shall be | 24 | | suspended for
one year.
Any defendant found guilty of this | 25 | | offense while operating a motor vehicle,
shall have an | 26 | | entry made in the court record by the presiding judge that
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| 1 | | this offense did occur while the defendant was operating a | 2 | | motor vehicle
and order the clerk of the court to report | 3 | | the violation to the Secretary
of State;
| 4 | | 29. Has been convicted of the following offenses that | 5 | | were committed
while the person was operating or in actual | 6 | | physical control, as a driver,
of a motor vehicle: criminal | 7 | | sexual assault,
predatory criminal sexual assault of a | 8 | | child,
aggravated criminal sexual
assault, criminal sexual | 9 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 10 | | soliciting for a juvenile prostitute, promoting juvenile | 11 | | prostitution as described in subdivision (a)(1), (a)(2), | 12 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 13 | | or the Criminal Code of 2012, and the manufacture, sale or
| 14 | | delivery of controlled substances or instruments used for | 15 | | illegal drug use
or abuse in which case the driver's | 16 | | driving privileges shall be suspended
for one year;
| 17 | | 30. Has been convicted a second or subsequent time for | 18 | | any
combination of the offenses named in paragraph 29 of | 19 | | this subsection,
in which case the person's driving | 20 | | privileges shall be suspended for 5
years;
| 21 | | 31. Has refused to submit to a test as
required by | 22 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 23 | | Registration and Safety Act or has submitted to a test | 24 | | resulting in
an alcohol concentration of 0.08 or more or | 25 | | any amount of a drug, substance, or
compound resulting from | 26 | | the unlawful use or consumption of cannabis as listed
in |
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| 1 | | the Cannabis Control Act, a controlled substance as listed | 2 | | in the Illinois
Controlled Substances Act, an intoxicating | 3 | | compound as listed in the Use of
Intoxicating Compounds | 4 | | Act, or methamphetamine as listed in the Methamphetamine | 5 | | Control and Community Protection Act, in which case the | 6 | | penalty shall be
as prescribed in Section 6-208.1;
| 7 | | 32. Has been convicted of Section 24-1.2 of the | 8 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 9 | | to the aggravated discharge of a firearm if the offender | 10 | | was
located in a motor vehicle at the time the firearm was | 11 | | discharged, in which
case the suspension shall be for 3 | 12 | | years;
| 13 | | 33. Has as a driver, who was less than 21 years of age | 14 | | on the date of
the offense, been convicted a first time of | 15 | | a violation of paragraph (a) of
Section 11-502 of this Code | 16 | | or a similar provision of a local ordinance;
| 17 | | 34. Has committed a violation of Section 11-1301.5 of | 18 | | this Code or a similar provision of a local ordinance;
| 19 | | 35. Has committed a violation of Section 11-1301.6 of | 20 | | this Code or a similar provision of a local ordinance;
| 21 | | 36. Is under the age of 21 years at the time of arrest | 22 | | and has been
convicted of not less than 2 offenses against | 23 | | traffic regulations governing
the movement of vehicles | 24 | | committed within any 24 month period. No revocation
or | 25 | | suspension shall be entered more than 6 months after the | 26 | | date of last
conviction;
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| 1 | | 37. Has committed a violation of subsection (c) of | 2 | | Section 11-907 of this
Code that resulted in damage to the | 3 | | property of another or the death or injury of another;
| 4 | | 38. Has been convicted of a violation of Section 6-20 | 5 | | of the Liquor
Control Act of 1934 or a similar provision of | 6 | | a local ordinance;
| 7 | | 39. Has committed a second or subsequent violation of | 8 | | Section
11-1201 of this Code;
| 9 | | 40. Has committed a violation of subsection (a-1) of | 10 | | Section 11-908 of
this Code; | 11 | | 41. Has committed a second or subsequent violation of | 12 | | Section 11-605.1 of this Code, a similar provision of a | 13 | | local ordinance, or a similar violation in any other state | 14 | | within 2 years of the date of the previous violation, in | 15 | | which case the suspension shall be for 90 days; | 16 | | 42. Has committed a violation of subsection (a-1) of | 17 | | Section 11-1301.3 of this Code or a similar provision of a | 18 | | local ordinance;
| 19 | | 43. Has received a disposition of court supervision for | 20 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 21 | | of the Liquor
Control Act of 1934 or a similar provision of | 22 | | a local ordinance, in which case the suspension shall be | 23 | | for a period of 3 months;
| 24 | | 44.
Is under the age of 21 years at the time of arrest | 25 | | and has been convicted of an offense against traffic | 26 | | regulations governing the movement of vehicles after |
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| 1 | | having previously had his or her driving privileges
| 2 | | suspended or revoked pursuant to subparagraph 36 of this | 3 | | Section; | 4 | | 45.
Has, in connection with or during the course of a | 5 | | formal hearing conducted under Section 2-118 of this Code: | 6 | | (i) committed perjury; (ii) submitted fraudulent or | 7 | | falsified documents; (iii) submitted documents that have | 8 | | been materially altered; or (iv) submitted, as his or her | 9 | | own, documents that were in fact prepared or composed for | 10 | | another person; | 11 | | 46. Has committed a violation of subsection (j) of | 12 | | Section 3-413 of this Code; or
| 13 | | 47. Has committed a violation of Section 11-502.1 of | 14 | | this Code. | 15 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 16 | | and 27 of this
subsection, license means any driver's license, | 17 | | any traffic ticket issued when
the person's driver's license is | 18 | | deposited in lieu of bail, a suspension
notice issued by the | 19 | | Secretary of State, a duplicate or corrected driver's
license, | 20 | | a probationary driver's license or a temporary driver's | 21 | | license. | 22 | | (b) If any conviction forming the basis of a suspension or
| 23 | | revocation authorized under this Section is appealed, the
| 24 | | Secretary of State may rescind or withhold the entry of the | 25 | | order of suspension
or revocation, as the case may be, provided | 26 | | that a certified copy of a stay
order of a court is filed with |
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| 1 | | the Secretary of State. If the conviction is
affirmed on | 2 | | appeal, the date of the conviction shall relate back to the | 3 | | time
the original judgment of conviction was entered and the 6 | 4 | | month limitation
prescribed shall not apply.
| 5 | | (c) 1. Upon suspending or revoking the driver's license or | 6 | | permit of
any person as authorized in this Section, the | 7 | | Secretary of State shall
immediately notify the person in | 8 | | writing of the revocation or suspension.
The notice to be | 9 | | deposited in the United States mail, postage prepaid,
to the | 10 | | last known address of the person.
| 11 | | 2. If the Secretary of State suspends the driver's | 12 | | license
of a person under subsection 2 of paragraph (a) of | 13 | | this Section, a
person's privilege to operate a vehicle as | 14 | | an occupation shall not be
suspended, provided an affidavit | 15 | | is properly completed, the appropriate fee
received, and a | 16 | | permit issued prior to the effective date of the
| 17 | | suspension, unless 5 offenses were committed, at least 2 of | 18 | | which occurred
while operating a commercial vehicle in | 19 | | connection with the driver's
regular occupation. All other | 20 | | driving privileges shall be suspended by the
Secretary of | 21 | | State. Any driver prior to operating a vehicle for
| 22 | | occupational purposes only must submit the affidavit on | 23 | | forms to be
provided by the Secretary of State setting | 24 | | forth the facts of the person's
occupation. The affidavit | 25 | | shall also state the number of offenses
committed while | 26 | | operating a vehicle in connection with the driver's regular
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| 1 | | occupation. The affidavit shall be accompanied by the | 2 | | driver's license.
Upon receipt of a properly completed | 3 | | affidavit, the Secretary of State
shall issue the driver a | 4 | | permit to operate a vehicle in connection with the
driver's | 5 | | regular occupation only. Unless the permit is issued by the
| 6 | | Secretary of State prior to the date of suspension, the | 7 | | privilege to drive
any motor vehicle shall be suspended as | 8 | | set forth in the notice that was
mailed under this Section. | 9 | | If an affidavit is received subsequent to the
effective | 10 | | date of this suspension, a permit may be issued for the | 11 | | remainder
of the suspension period.
| 12 | | The provisions of this subparagraph shall not apply to | 13 | | any driver
required to possess a CDL for the purpose of | 14 | | operating a commercial motor vehicle.
| 15 | | Any person who falsely states any fact in the affidavit | 16 | | required
herein shall be guilty of perjury under Section | 17 | | 6-302 and upon conviction
thereof shall have all driving | 18 | | privileges revoked without further rights.
| 19 | | 3. At the conclusion of a hearing under Section 2-118 | 20 | | of this Code,
the Secretary of State shall either rescind | 21 | | or continue an order of
revocation or shall substitute an | 22 | | order of suspension; or, good
cause appearing therefor, | 23 | | rescind, continue, change, or extend the
order of | 24 | | suspension. If the Secretary of State does not rescind the | 25 | | order,
the Secretary may upon application,
to relieve undue | 26 | | hardship (as defined by the rules of the Secretary of |
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| 1 | | State), issue
a restricted driving permit granting the | 2 | | privilege of driving a motor
vehicle between the | 3 | | petitioner's residence and petitioner's place of
| 4 | | employment or within the scope of the petitioner's | 5 | | employment related duties, or to
allow the petitioner to | 6 | | transport himself or herself, or a family member of the
| 7 | | petitioner's household to a medical facility, to receive | 8 | | necessary medical care, to allow the petitioner to | 9 | | transport himself or herself to and from alcohol or drug
| 10 | | remedial or rehabilitative activity recommended by a | 11 | | licensed service provider, or to allow the petitioner to | 12 | | transport himself or herself or a family member of the | 13 | | petitioner's household to classes, as a student, at an | 14 | | accredited educational institution, or to allow the | 15 | | petitioner to transport children, elderly persons, or | 16 | | disabled persons who do not hold driving privileges and are | 17 | | living in the petitioner's household to and from daycare. | 18 | | The
petitioner must demonstrate that no alternative means | 19 | | of
transportation is reasonably available and that the | 20 | | petitioner will not endanger
the public safety or welfare. | 21 | | Those multiple offenders identified in subdivision (b)4 of | 22 | | Section 6-208 of this Code, however, shall not be eligible | 23 | | for the issuance of a restricted driving permit.
| 24 | |
(A) If a person's license or permit is revoked or | 25 | | suspended due to one 2
or more convictions of violating | 26 | | Section 11-501 of this Code or a similar
provision of a |
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| 1 | | local ordinance or a similar out-of-state offense, or | 2 | | Section 9-3 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012, where the use of alcohol or | 4 | | other drugs is recited as an element of the offense, or | 5 | | a similar out-of-state offense, or a combination of | 6 | | these offenses, arising out
of separate occurrences, | 7 | | that person, if issued a restricted driving permit,
may | 8 | | not operate a vehicle unless it has been equipped with | 9 | | an ignition
interlock device as defined in Section | 10 | | 1-129.1 , except as authorized by a court under | 11 | | paragraph (13) of subsection (a) of Section 5-6-3 of | 12 | | the Unified Code of Corrections .
| 13 | | (B) If a person's license or permit is revoked or | 14 | | suspended 2 or more
times within a 10 year period due | 15 | | to any combination of: | 16 | | (i) a single conviction of violating Section
| 17 | | 11-501 of this Code or a similar provision of a | 18 | | local ordinance or a similar
out-of-state offense | 19 | | or Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, where the use of alcohol or | 21 | | other drugs is recited as an element of the | 22 | | offense, or a similar out-of-state offense; or | 23 | | (ii) a statutory summary suspension or | 24 | | revocation under Section
11-501.1; or | 25 | | (iii) a suspension under Section 6-203.1; | 26 | | arising out of
separate occurrences; that person, if |
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| 1 | | issued a restricted driving permit, may
not operate a | 2 | | vehicle unless it has been
equipped with an ignition | 3 | | interlock device as defined in Section 1-129.1. | 4 | | (C)
The person issued a permit conditioned upon the | 5 | | use of an ignition interlock device must pay to the | 6 | | Secretary of State DUI Administration Fund an amount
| 7 | | not to exceed $30 per month. The Secretary shall | 8 | | establish by rule the amount
and the procedures, terms, | 9 | | and conditions relating to these fees. | 10 | | (D) If the
restricted driving permit is issued for | 11 | | employment purposes, then the prohibition against | 12 | | operating a motor vehicle that is not equipped with an | 13 | | ignition interlock device does not apply to the | 14 | | operation of an occupational vehicle owned or
leased by | 15 | | that person's employer when used solely for employment | 16 | | purposes. | 17 | | (E) In each case the Secretary may issue a
| 18 | | restricted driving permit for a period deemed | 19 | | appropriate, except that all
permits shall expire | 20 | | within one year from the date of issuance. The | 21 | | Secretary
may not, however, issue a restricted driving | 22 | | permit to any person whose current
revocation is the | 23 | | result of a second or subsequent conviction for a | 24 | | violation
of Section 11-501 of this Code or a similar | 25 | | provision of a local ordinance
or any similar | 26 | | out-of-state offense, or Section 9-3 of the Criminal |
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| 1 | | Code of 1961 or the Criminal Code of 2012, where the | 2 | | use of alcohol or other drugs is recited as an element | 3 | | of the offense, or any similar out-of-state offense, or | 4 | | any combination
of those offenses, until the | 5 | | expiration of at least one year from the date of
the | 6 | | revocation. A
restricted driving permit issued under | 7 | | this Section shall be subject to
cancellation, | 8 | | revocation, and suspension by the Secretary of State in | 9 | | like
manner and for like cause as a driver's license | 10 | | issued under this Code may be
cancelled, revoked, or | 11 | | suspended; except that a conviction upon one or more
| 12 | | offenses against laws or ordinances regulating the | 13 | | movement of traffic
shall be deemed sufficient cause | 14 | | for the revocation, suspension, or
cancellation of a | 15 | | restricted driving permit. The Secretary of State may, | 16 | | as
a condition to the issuance of a restricted driving | 17 | | permit, require the
applicant to participate in a | 18 | | designated driver remedial or rehabilitative
program. | 19 | | The Secretary of State is authorized to cancel a | 20 | | restricted
driving permit if the permit holder does not | 21 | | successfully complete the program.
| 22 | | (c-3) In the case of a suspension under paragraph 43 of | 23 | | subsection (a), reports received by the Secretary of State | 24 | | under this Section shall, except during the actual time the | 25 | | suspension is in effect, be privileged information and for use | 26 | | only by the courts, police officers, prosecuting authorities, |
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| 1 | | the driver licensing administrator of any other state, the | 2 | | Secretary of State, or the parent or legal guardian of a driver | 3 | | under the age of 18. However, beginning January 1, 2008, if the | 4 | | person is a CDL holder, the suspension shall also be made | 5 | | available to the driver licensing administrator of any other | 6 | | state, the U.S. Department of Transportation, and the affected | 7 | | driver or motor
carrier or prospective motor carrier upon | 8 | | request.
| 9 | | (c-4) In the case of a suspension under paragraph 43 of | 10 | | subsection (a), the Secretary of State shall notify the person | 11 | | by mail that his or her driving privileges and driver's license | 12 | | will be suspended one month after the date of the mailing of | 13 | | the notice.
| 14 | | (c-5) The Secretary of State may, as a condition of the | 15 | | reissuance of a
driver's license or permit to an applicant | 16 | | whose driver's license or permit has
been suspended before he | 17 | | or she reached the age of 21 years pursuant to any of
the | 18 | | provisions of this Section, require the applicant to | 19 | | participate in a
driver remedial education course and be | 20 | | retested under Section 6-109 of this
Code.
| 21 | | (d) This Section is subject to the provisions of the | 22 | | Drivers License
Compact.
| 23 | | (e) The Secretary of State shall not issue a restricted | 24 | | driving permit to
a person under the age of 16 years whose | 25 | | driving privileges have been suspended
or revoked under any | 26 | | provisions of this Code.
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| 1 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 2 | | State may not issue a restricted driving permit for the | 3 | | operation of a commercial motor vehicle to a person holding a | 4 | | CDL whose driving privileges have been suspended, revoked, | 5 | | cancelled, or disqualified under any provisions of this Code. | 6 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | 7 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | 8 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | 9 | | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.) | 10 | | Section 10. The Unified Code of Corrections is amended by | 11 | | changing Sections 5-6-3 and 5-6-3.1 as follows: | 12 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 13 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 14 | | Discharge.
| 15 | | (a) The conditions of probation and of conditional | 16 | | discharge shall be
that the person:
| 17 | | (1) not violate any criminal statute of any | 18 | | jurisdiction;
| 19 | | (2) report to or appear in person before such person or | 20 | | agency as
directed by the court;
| 21 | | (3) refrain from possessing a firearm or other | 22 | | dangerous weapon where the offense is a felony or, if a | 23 | | misdemeanor, the offense involved the intentional or | 24 | | knowing infliction of bodily harm or threat of bodily harm;
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| 1 | | (4) not leave the State without the consent of the | 2 | | court or, in
circumstances in which the reason for the | 3 | | absence is of such an emergency
nature that prior consent | 4 | | by the court is not possible, without the prior
| 5 | | notification and approval of the person's probation
| 6 | | officer. Transfer of a person's probation or conditional | 7 | | discharge
supervision to another state is subject to | 8 | | acceptance by the other state
pursuant to the Interstate | 9 | | Compact for Adult Offender Supervision;
| 10 | | (5) permit the probation officer to visit
him at his | 11 | | home or elsewhere
to the extent necessary to discharge his | 12 | | duties;
| 13 | | (6) perform no less than 30 hours of community service | 14 | | and not more than
120 hours of community service, if | 15 | | community service is available in the
jurisdiction and is | 16 | | funded and approved by the county board where the offense
| 17 | | was committed, where the offense was related to or in | 18 | | furtherance of the
criminal activities of an organized gang | 19 | | and was motivated by the offender's
membership in or | 20 | | allegiance to an organized gang. The community service | 21 | | shall
include, but not be limited to, the cleanup and | 22 | | repair of any damage caused by
a violation of Section | 23 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012 and similar damage
to property located within the | 25 | | municipality or county in which the violation
occurred. | 26 | | When possible and reasonable, the community service should |
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| 1 | | be
performed in the offender's neighborhood. For purposes | 2 | | of this Section,
"organized gang" has the meaning ascribed | 3 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 4 | | Omnibus Prevention Act;
| 5 | | (7) if he or she is at least 17 years of age and has | 6 | | been sentenced to
probation or conditional discharge for a | 7 | | misdemeanor or felony in a county of
3,000,000 or more | 8 | | inhabitants and has not been previously convicted of a
| 9 | | misdemeanor or felony, may be required by the sentencing | 10 | | court to attend
educational courses designed to prepare the | 11 | | defendant for a high school diploma
and to work toward a | 12 | | high school diploma or to work toward passing the high
| 13 | | school level Test of General Educational Development (GED) | 14 | | or to work toward
completing a vocational training program | 15 | | approved by the court. The person on
probation or | 16 | | conditional discharge must attend a public institution of
| 17 | | education to obtain the educational or vocational training | 18 | | required by this
clause (7). The court shall revoke the | 19 | | probation or conditional discharge of a
person who wilfully | 20 | | fails to comply with this clause (7). The person on
| 21 | | probation or conditional discharge shall be required to pay | 22 | | for the cost of the
educational courses or GED test, if a | 23 | | fee is charged for those courses or
test. The court shall | 24 | | resentence the offender whose probation or conditional
| 25 | | discharge has been revoked as provided in Section 5-6-4. | 26 | | This clause (7) does
not apply to a person who has a high |
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| 1 | | school diploma or has successfully passed
the GED test. | 2 | | This clause (7) does not apply to a person who is | 3 | | determined by
the court to be developmentally disabled or | 4 | | otherwise mentally incapable of
completing the educational | 5 | | or vocational program;
| 6 | | (8) if convicted of possession of a substance | 7 | | prohibited
by the Cannabis Control Act, the Illinois | 8 | | Controlled Substances Act, or the Methamphetamine Control | 9 | | and Community Protection Act
after a previous conviction or | 10 | | disposition of supervision for possession of a
substance | 11 | | prohibited by the Cannabis Control Act or Illinois | 12 | | Controlled
Substances Act or after a sentence of probation | 13 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 14 | | of the Illinois Controlled Substances Act, or Section 70 of | 15 | | the Methamphetamine Control and Community Protection Act | 16 | | and upon a
finding by the court that the person is | 17 | | addicted, undergo treatment at a
substance abuse program | 18 | | approved by the court;
| 19 | | (8.5) if convicted of a felony sex offense as defined | 20 | | in the Sex
Offender
Management Board Act, the person shall | 21 | | undergo and successfully complete sex
offender treatment | 22 | | by a treatment provider approved by the Board and conducted
| 23 | | in conformance with the standards developed under the Sex
| 24 | | Offender Management Board Act;
| 25 | | (8.6) if convicted of a sex offense as defined in the | 26 | | Sex Offender Management Board Act, refrain from residing at |
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| 1 | | the same address or in the same condominium unit or | 2 | | apartment unit or in the same condominium complex or | 3 | | apartment complex with another person he or she knows or | 4 | | reasonably should know is a convicted sex offender or has | 5 | | been placed on supervision for a sex offense; the | 6 | | provisions of this paragraph do not apply to a person | 7 | | convicted of a sex offense who is placed in a Department of | 8 | | Corrections licensed transitional housing facility for sex | 9 | | offenders; | 10 | | (8.7) if convicted for an offense committed on or after | 11 | | June 1, 2008 (the effective date of Public Act 95-464) that | 12 | | would qualify the accused as a child sex offender as | 13 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012, refrain from | 15 | | communicating with or contacting, by means of the Internet, | 16 | | a person who is not related to the accused and whom the | 17 | | accused reasonably believes to be under 18 years of age; | 18 | | for purposes of this paragraph (8.7), "Internet" has the | 19 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 20 | | Code of 2012; and a person is not related to the accused if | 21 | | the person is not: (i) the spouse, brother, or sister of | 22 | | the accused; (ii) a descendant of the accused; (iii) a | 23 | | first or second cousin of the accused; or (iv) a step-child | 24 | | or adopted child of the accused; | 25 | | (8.8) if convicted for an offense under Section 11-6, | 26 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
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| 1 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 2 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 3 | | or any attempt to commit any of these offenses, committed | 4 | | on or after June 1, 2009 (the effective date of Public Act | 5 | | 95-983): | 6 | | (i) not access or use a computer or any other | 7 | | device with Internet capability without the prior | 8 | | written approval of the offender's probation officer, | 9 | | except in connection with the offender's employment or | 10 | | search for employment with the prior approval of the | 11 | | offender's probation officer; | 12 | | (ii) submit to periodic unannounced examinations | 13 | | of the offender's computer or any other device with | 14 | | Internet capability by the offender's probation | 15 | | officer, a law enforcement officer, or assigned | 16 | | computer or information technology specialist, | 17 | | including the retrieval and copying of all data from | 18 | | the computer or device and any internal or external | 19 | | peripherals and removal of such information, | 20 | | equipment, or device to conduct a more thorough | 21 | | inspection; | 22 | | (iii) submit to the installation on the offender's | 23 | | computer or device with Internet capability, at the | 24 | | offender's expense, of one or more hardware or software | 25 | | systems to monitor the Internet use; and | 26 | | (iv) submit to any other appropriate restrictions |
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| 1 | | concerning the offender's use of or access to a | 2 | | computer or any other device with Internet capability | 3 | | imposed by the offender's probation officer; | 4 | | (8.9) if convicted of a sex offense as defined in the | 5 | | Sex Offender
Registration Act committed on or after January | 6 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 7 | | from accessing or using a social networking website as | 8 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 9 | | (9) if convicted of a felony or of any misdemeanor | 10 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 11 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 12 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 13 | | the Code of Criminal Procedure of 1963, to trigger the | 14 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 15 | | at a time and place
designated by the court, his or her | 16 | | Firearm
Owner's Identification Card and
any and all | 17 | | firearms in
his or her possession. The Court shall return | 18 | | to the Department of State Police Firearm Owner's | 19 | | Identification Card Office the person's Firearm Owner's | 20 | | Identification Card;
| 21 | | (10) if convicted of a sex offense as defined in | 22 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 23 | | offender is a parent or guardian of the person under 18 | 24 | | years of age present in the home and no non-familial minors | 25 | | are present, not participate in a holiday event involving | 26 | | children under 18 years of age, such as distributing candy |
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| 1 | | or other items to children on Halloween, wearing a Santa | 2 | | Claus costume on or preceding Christmas, being employed as | 3 | | a department store Santa Claus, or wearing an Easter Bunny | 4 | | costume on or preceding Easter; | 5 | | (11) if convicted of a sex offense as defined in | 6 | | Section 2 of the Sex Offender Registration Act committed on | 7 | | or after January 1, 2010 (the effective date of Public Act | 8 | | 96-362) that requires the person to register as a sex | 9 | | offender under that Act, may not knowingly use any computer | 10 | | scrub software on any computer that the sex offender uses; | 11 | | and | 12 | | (12) if convicted of a violation of the Methamphetamine | 13 | | Control and Community Protection Act, the Methamphetamine
| 14 | | Precursor Control Act, or a methamphetamine related | 15 | | offense: | 16 | | (A) prohibited from purchasing, possessing, or | 17 | | having under his or her control any product containing | 18 | | pseudoephedrine unless prescribed by a physician; and | 19 | | (B) prohibited from purchasing, possessing, or | 20 | | having under his or her control any product containing | 21 | | ammonium nitrate ; and . | 22 | | (13) if convicted of one or more violations of Section | 23 | | 11-501 of the Illinois Vehicle Code or a similar provision | 24 | | of a local ordinance, and if issued a restricted driving | 25 | | permit, refrain from operating any motor vehicle not | 26 | | equipped with an
ignition interlock device as defined in |
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| 1 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 2 | | condition the court may allow a defendant who is not
| 3 | | self-employed to operate a vehicle owned by the defendant's | 4 | | employer that is
not equipped with an ignition interlock | 5 | | device in the course and scope of the
defendant's | 6 | | employment. | 7 | | (b) The Court may in addition to other reasonable | 8 | | conditions relating to the
nature of the offense or the | 9 | | rehabilitation of the defendant as determined for
each | 10 | | defendant in the proper discretion of the Court require that | 11 | | the person:
| 12 | | (1) serve a term of periodic imprisonment under Article | 13 | | 7 for a
period not to exceed that specified in paragraph | 14 | | (d) of Section 5-7-1;
| 15 | | (2) pay a fine and costs;
| 16 | | (3) work or pursue a course of study or vocational | 17 | | training;
| 18 | | (4) undergo medical, psychological or psychiatric | 19 | | treatment; or treatment
for drug addiction or alcoholism;
| 20 | | (5) attend or reside in a facility established for the | 21 | | instruction
or residence of defendants on probation;
| 22 | | (6) support his dependents;
| 23 | | (7) and in addition, if a minor:
| 24 | | (i) reside with his parents or in a foster home;
| 25 | | (ii) attend school;
| 26 | | (iii) attend a non-residential program for youth;
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| 1 | | (iv) contribute to his own support at home or in a | 2 | | foster home;
| 3 | | (v) with the consent of the superintendent of the
| 4 | | facility, attend an educational program at a facility | 5 | | other than the school
in which the
offense was | 6 | | committed if he
or she is convicted of a crime of | 7 | | violence as
defined in
Section 2 of the Crime Victims | 8 | | Compensation Act committed in a school, on the
real
| 9 | | property
comprising a school, or within 1,000 feet of | 10 | | the real property comprising a
school;
| 11 | | (8) make restitution as provided in Section 5-5-6 of | 12 | | this Code;
| 13 | | (9) perform some reasonable public or community | 14 | | service;
| 15 | | (10) serve a term of home confinement. In addition to | 16 | | any other
applicable condition of probation or conditional | 17 | | discharge, the
conditions of home confinement shall be that | 18 | | the offender:
| 19 | | (i) remain within the interior premises of the | 20 | | place designated for
his confinement during the hours | 21 | | designated by the court;
| 22 | | (ii) admit any person or agent designated by the | 23 | | court into the
offender's place of confinement at any | 24 | | time for purposes of verifying
the offender's | 25 | | compliance with the conditions of his confinement; and
| 26 | | (iii) if further deemed necessary by the court or |
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| 1 | | the
Probation or
Court Services Department, be placed | 2 | | on an approved
electronic monitoring device, subject | 3 | | to Article 8A of Chapter V;
| 4 | | (iv) for persons convicted of any alcohol, | 5 | | cannabis or controlled
substance violation who are | 6 | | placed on an approved monitoring device as a
condition | 7 | | of probation or conditional discharge, the court shall | 8 | | impose a
reasonable fee for each day of the use of the | 9 | | device, as established by the
county board in | 10 | | subsection (g) of this Section, unless after | 11 | | determining the
inability of the offender to pay the | 12 | | fee, the court assesses a lesser fee or no
fee as the | 13 | | case may be. This fee shall be imposed in addition to | 14 | | the fees
imposed under subsections (g) and (i) of this | 15 | | Section. The fee shall be
collected by the clerk of the | 16 | | circuit court. The clerk of the circuit
court shall pay | 17 | | all monies collected from this fee to the county | 18 | | treasurer
for deposit in the substance abuse services | 19 | | fund under Section 5-1086.1 of
the Counties Code; and
| 20 | | (v) for persons convicted of offenses other than | 21 | | those referenced in
clause (iv) above and who are | 22 | | placed on an approved monitoring device as a
condition | 23 | | of probation or conditional discharge, the court shall | 24 | | impose
a reasonable fee for each day of the use of the | 25 | | device, as established by the
county board in | 26 | | subsection (g) of this Section, unless after |
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| 1 | | determining the
inability of the defendant to pay the | 2 | | fee, the court assesses a lesser fee or
no fee as the | 3 | | case may be. This fee shall be imposed in addition to | 4 | | the fees
imposed under subsections (g) and (i) of this | 5 | | Section. The fee
shall be collected by the clerk of the | 6 | | circuit court. The clerk of the circuit
court shall pay | 7 | | all monies collected from this fee
to the county | 8 | | treasurer who shall use the monies collected to defray | 9 | | the
costs of corrections. The county treasurer shall | 10 | | deposit the fee
collected in the probation and court | 11 | | services fund.
| 12 | | (11) comply with the terms and conditions of an order | 13 | | of protection issued
by the court pursuant to the Illinois | 14 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 15 | | or an order of protection issued by the court of
another | 16 | | state, tribe, or United States territory. A copy of the | 17 | | order of
protection shall be
transmitted to the probation | 18 | | officer or agency
having responsibility for the case;
| 19 | | (12) reimburse any "local anti-crime program" as | 20 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 21 | | for any reasonable expenses incurred
by the program on the | 22 | | offender's case, not to exceed the maximum amount of
the | 23 | | fine authorized for the offense for which the defendant was | 24 | | sentenced;
| 25 | | (13) contribute a reasonable sum of money, not to | 26 | | exceed the maximum
amount of the fine authorized for the
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| 1 | | offense for which the defendant was sentenced, (i) to a | 2 | | "local anti-crime
program", as defined in Section 7 of the | 3 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 4 | | the jurisdiction of the Department of Natural Resources, to | 5 | | the fund established by the Department of Natural Resources | 6 | | for the purchase of evidence for investigation purposes and | 7 | | to conduct investigations as outlined in Section 805-105 of | 8 | | the Department of Natural Resources (Conservation) Law;
| 9 | | (14) refrain from entering into a designated | 10 | | geographic area except upon
such terms as the court finds | 11 | | appropriate. Such terms may include
consideration of the | 12 | | purpose of the entry, the time of day, other persons
| 13 | | accompanying the defendant, and advance approval by a
| 14 | | probation officer, if
the defendant has been placed on | 15 | | probation or advance approval by the
court, if the | 16 | | defendant was placed on conditional discharge;
| 17 | | (15) refrain from having any contact, directly or | 18 | | indirectly, with
certain specified persons or particular | 19 | | types of persons, including but not
limited to members of | 20 | | street gangs and drug users or dealers;
| 21 | | (16) refrain from having in his or her body the | 22 | | presence of any illicit
drug prohibited by the Cannabis | 23 | | Control Act, the Illinois Controlled
Substances Act, or the | 24 | | Methamphetamine Control and Community Protection Act, | 25 | | unless prescribed by a physician, and submit samples of
his | 26 | | or her blood or urine or both for tests to determine the |
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| 1 | | presence of any
illicit drug;
| 2 | | (17) if convicted for an offense committed on or after | 3 | | June 1, 2008 (the effective date of Public Act 95-464) that | 4 | | would qualify the accused as a child sex offender as | 5 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 6 | | 1961 or the Criminal Code of 2012, refrain from | 7 | | communicating with or contacting, by means of the Internet, | 8 | | a person who is related to the accused and whom the accused | 9 | | reasonably believes to be under 18 years of age; for | 10 | | purposes of this paragraph (17), "Internet" has the meaning | 11 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 12 | | 2012; and a person is related to the accused if the person | 13 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 14 | | a descendant of the accused; (iii) a first or second cousin | 15 | | of the accused; or (iv) a step-child or adopted child of | 16 | | the accused; | 17 | | (18) if convicted for an offense committed on or after | 18 | | June 1, 2009 (the effective date of Public Act 95-983) that | 19 | | would qualify as a sex offense as defined in the Sex | 20 | | Offender Registration Act: | 21 | | (i) not access or use a computer or any other | 22 | | device with Internet capability without the prior | 23 | | written approval of the offender's probation officer, | 24 | | except in connection with the offender's employment or | 25 | | search for employment with the prior approval of the | 26 | | offender's probation officer; |
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| 1 | | (ii) submit to periodic unannounced examinations | 2 | | of the offender's computer or any other device with | 3 | | Internet capability by the offender's probation | 4 | | officer, a law enforcement officer, or assigned | 5 | | computer or information technology specialist, | 6 | | including the retrieval and copying of all data from | 7 | | the computer or device and any internal or external | 8 | | peripherals and removal of such information, | 9 | | equipment, or device to conduct a more thorough | 10 | | inspection; | 11 | | (iii) submit to the installation on the offender's | 12 | | computer or device with Internet capability, at the | 13 | | subject's expense, of one or more hardware or software | 14 | | systems to monitor the Internet use; and | 15 | | (iv) submit to any other appropriate restrictions | 16 | | concerning the offender's use of or access to a | 17 | | computer or any other device with Internet capability | 18 | | imposed by the offender's probation officer; and | 19 | | (19) refrain from possessing a firearm or other | 20 | | dangerous weapon where the offense is a misdemeanor that | 21 | | did not involve the intentional or knowing infliction of | 22 | | bodily harm or threat of bodily harm. | 23 | | (c) The court may as a condition of probation or of | 24 | | conditional
discharge require that a person under 18 years of | 25 | | age found guilty of any
alcohol, cannabis or controlled | 26 | | substance violation, refrain from acquiring
a driver's license |
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| 1 | | during
the period of probation or conditional discharge. If | 2 | | such person
is in possession of a permit or license, the court | 3 | | may require that
the minor refrain from driving or operating | 4 | | any motor vehicle during the
period of probation or conditional | 5 | | discharge, except as may be necessary in
the course of the | 6 | | minor's lawful employment.
| 7 | | (d) An offender sentenced to probation or to conditional | 8 | | discharge
shall be given a certificate setting forth the | 9 | | conditions thereof.
| 10 | | (e) Except where the offender has committed a fourth or | 11 | | subsequent
violation of subsection (c) of Section 6-303 of the | 12 | | Illinois Vehicle Code,
the court shall not require as a | 13 | | condition of the sentence of
probation or conditional discharge | 14 | | that the offender be committed to a
period of imprisonment in | 15 | | excess of 6 months.
This 6 month limit shall not include | 16 | | periods of confinement given pursuant to
a sentence of county | 17 | | impact incarceration under Section 5-8-1.2.
| 18 | | Persons committed to imprisonment as a condition of | 19 | | probation or
conditional discharge shall not be committed to | 20 | | the Department of
Corrections.
| 21 | | (f) The court may combine a sentence of periodic | 22 | | imprisonment under
Article 7 or a sentence to a county impact | 23 | | incarceration program under
Article 8 with a sentence of | 24 | | probation or conditional discharge.
| 25 | | (g) An offender sentenced to probation or to conditional | 26 | | discharge and
who during the term of either undergoes mandatory |
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| 1 | | drug or alcohol testing,
or both, or is assigned to be placed | 2 | | on an approved electronic monitoring
device, shall be ordered | 3 | | to pay all costs incidental to such mandatory drug
or alcohol | 4 | | testing, or both, and all costs
incidental to such approved | 5 | | electronic monitoring in accordance with the
defendant's | 6 | | ability to pay those costs. The county board with
the | 7 | | concurrence of the Chief Judge of the judicial
circuit in which | 8 | | the county is located shall establish reasonable fees for
the | 9 | | cost of maintenance, testing, and incidental expenses related | 10 | | to the
mandatory drug or alcohol testing, or both, and all | 11 | | costs incidental to
approved electronic monitoring, involved | 12 | | in a successful probation program
for the county. The | 13 | | concurrence of the Chief Judge shall be in the form of
an | 14 | | administrative order.
The fees shall be collected by the clerk | 15 | | of the circuit court. The clerk of
the circuit court shall pay | 16 | | all moneys collected from these fees to the county
treasurer | 17 | | who shall use the moneys collected to defray the costs of
drug | 18 | | testing, alcohol testing, and electronic monitoring.
The | 19 | | county treasurer shall deposit the fees collected in the
county | 20 | | working cash fund under Section 6-27001 or Section 6-29002 of | 21 | | the
Counties Code, as the case may be.
| 22 | | (h) Jurisdiction over an offender may be transferred from | 23 | | the
sentencing court to the court of another circuit with the | 24 | | concurrence of
both courts. Further transfers or retransfers of
| 25 | | jurisdiction are also
authorized in the same manner. The court | 26 | | to which jurisdiction has been
transferred shall have the same |
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| 1 | | powers as the sentencing court.
The probation department within | 2 | | the circuit to which jurisdiction has been transferred, or | 3 | | which has agreed to provide supervision, may impose probation | 4 | | fees upon receiving the transferred offender, as provided in | 5 | | subsection (i). For all transfer cases, as defined in Section | 6 | | 9b of the Probation and Probation Officers Act, the probation | 7 | | department from the original sentencing court shall retain all | 8 | | probation fees collected prior to the transfer. After the | 9 | | transfer
all probation fees shall be paid to the probation | 10 | | department within the
circuit to which jurisdiction has been | 11 | | transferred.
| 12 | | (i) The court shall impose upon an offender
sentenced to | 13 | | probation after January 1, 1989 or to conditional discharge
| 14 | | after January 1, 1992 or to community service under the | 15 | | supervision of a
probation or court services department after | 16 | | January 1, 2004, as a condition of such probation or | 17 | | conditional
discharge or supervised community service, a fee of | 18 | | $50
for each month of probation or
conditional
discharge | 19 | | supervision or supervised community service ordered by the | 20 | | court, unless after
determining the inability of the person | 21 | | sentenced to probation or conditional
discharge or supervised | 22 | | community service to pay the
fee, the court assesses a lesser | 23 | | fee. The court may not impose the fee on a
minor who is made a | 24 | | ward of the State under the Juvenile Court Act of 1987
while | 25 | | the minor is in placement.
The fee shall be imposed only upon
| 26 | | an offender who is actively supervised by the
probation and |
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| 1 | | court services
department. The fee shall be collected by the | 2 | | clerk
of the circuit court. The clerk of the circuit court | 3 | | shall pay all monies
collected from this fee to the county | 4 | | treasurer for deposit in the
probation and court services fund | 5 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 6 | | A circuit court may not impose a probation fee under this | 7 | | subsection (i) in excess of $25
per month unless the circuit | 8 | | court has adopted, by administrative
order issued by the chief | 9 | | judge, a standard probation fee guide
determining an offender's | 10 | | ability to pay Of the
amount collected as a probation fee, up | 11 | | to $5 of that fee
collected per month may be used to provide | 12 | | services to crime victims
and their families. | 13 | | The Court may only waive probation fees based on an | 14 | | offender's ability to pay. The probation department may | 15 | | re-evaluate an offender's ability to pay every 6 months, and, | 16 | | with the approval of the Director of Court Services or the | 17 | | Chief Probation Officer, adjust the monthly fee amount. An | 18 | | offender may elect to pay probation fees due in a lump sum.
Any | 19 | | offender that has been assigned to the supervision of a | 20 | | probation department, or has been transferred either under | 21 | | subsection (h) of this Section or under any interstate compact, | 22 | | shall be required to pay probation fees to the department | 23 | | supervising the offender, based on the offender's ability to | 24 | | pay.
| 25 | | This amendatory Act of the 93rd General Assembly deletes | 26 | | the $10 increase in the fee under this subsection that was |
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| 1 | | imposed by Public Act 93-616. This deletion is intended to | 2 | | control over any other Act of the 93rd General Assembly that | 3 | | retains or incorporates that fee increase. | 4 | | (i-5) In addition to the fees imposed under subsection (i) | 5 | | of this Section, in the case of an offender convicted of a | 6 | | felony sex offense (as defined in the Sex Offender Management | 7 | | Board Act) or an offense that the court or probation department | 8 | | has determined to be sexually motivated (as defined in the Sex | 9 | | Offender Management Board Act), the court or the probation | 10 | | department shall assess additional fees to pay for all costs of | 11 | | treatment, assessment, evaluation for risk and treatment, and | 12 | | monitoring the offender, based on that offender's ability to | 13 | | pay those costs either as they occur or under a payment plan. | 14 | | (j) All fines and costs imposed under this Section for any | 15 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 16 | | Code, or a similar
provision of a local ordinance, and any | 17 | | violation of the Child Passenger
Protection Act, or a similar | 18 | | provision of a local ordinance, shall be
collected and | 19 | | disbursed by the circuit clerk as provided under Section 27.5
| 20 | | of the Clerks of Courts Act.
| 21 | | (k) Any offender who is sentenced to probation or | 22 | | conditional discharge for a felony sex offense as defined in | 23 | | the Sex Offender Management Board Act or any offense that the | 24 | | court or probation department has determined to be sexually | 25 | | motivated as defined in the Sex Offender Management Board Act | 26 | | shall be required to refrain from any contact, directly or |
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| 1 | | indirectly, with any persons specified by the court and shall | 2 | | be available for all evaluations and treatment programs | 3 | | required by the court or the probation department.
| 4 | | (l) The court may order an offender who is sentenced to | 5 | | probation or conditional
discharge for a violation of an order | 6 | | of protection be placed under electronic surveillance as | 7 | | provided in Section 5-8A-7 of this Code. | 8 | | (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, | 9 | | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; | 10 | | 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
| 11 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 12 | | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 13 | | (a) When a defendant is placed on supervision, the court | 14 | | shall enter
an order for supervision specifying the period of | 15 | | such supervision, and
shall defer further proceedings in the | 16 | | case until the conclusion of the
period.
| 17 | | (b) The period of supervision shall be reasonable under all | 18 | | of the
circumstances of the case, but may not be longer than 2 | 19 | | years, unless the
defendant has failed to pay the assessment | 20 | | required by Section 10.3 of the
Cannabis Control Act,
Section | 21 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 22 | | of the Methamphetamine Control and Community Protection Act, in | 23 | | which case the court may extend supervision beyond 2 years.
| 24 | | Additionally, the court shall order the defendant to perform no | 25 | | less than 30
hours of community service and not more than 120 |
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| 1 | | hours of community service, if
community service is available | 2 | | in the
jurisdiction and is funded and approved by the county | 3 | | board where the offense
was committed,
when the offense (1) was
| 4 | | related to or in furtherance of the criminal activities of an | 5 | | organized gang or
was motivated by the defendant's membership | 6 | | in or allegiance to an organized
gang; or (2) is a violation of | 7 | | any Section of Article 24 of the Criminal
Code of 1961 or the | 8 | | Criminal Code of 2012 where a disposition of supervision is not | 9 | | prohibited by Section
5-6-1 of this Code.
The
community service | 10 | | shall include, but not be limited to, the cleanup and repair
of | 11 | | any damage caused by violation of Section 21-1.3 of the | 12 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar | 13 | | damages to property located within the municipality or county
| 14 | | in which the violation occurred. Where possible and reasonable, | 15 | | the community
service should be performed in the offender's | 16 | | neighborhood.
| 17 | | For the purposes of this
Section, "organized gang" has the | 18 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 19 | | Terrorism Omnibus Prevention Act.
| 20 | | (b-5) The court shall require as a condition of supervision | 21 | | that a person placed on supervision for a violation of Section | 22 | | 11-501 of the Illinois Vehicle Code or a similar provision of a | 23 | | local ordinance, refrain from operating any motor vehicle not | 24 | | equipped with an
ignition interlock device as defined in | 25 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 26 | | condition the court may allow a defendant who is not
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| 1 | | self-employed to operate a vehicle owned by the defendant's | 2 | | employer that is
not equipped with an ignition interlock device | 3 | | in the course and scope of the
defendant's employment. | 4 | | (c) The court may in addition to other reasonable | 5 | | conditions
relating to the nature of the offense or the | 6 | | rehabilitation of the
defendant as determined for each | 7 | | defendant in the proper discretion of
the court require that | 8 | | the person:
| 9 | | (1) make a report to and appear in person before or | 10 | | participate with
the court or such courts, person, or | 11 | | social service agency as directed
by the court in the order | 12 | | of supervision;
| 13 | | (2) pay a fine and costs;
| 14 | | (3) work or pursue a course of study or vocational | 15 | | training;
| 16 | | (4) undergo medical, psychological or psychiatric | 17 | | treatment; or
treatment for drug addiction or alcoholism;
| 18 | | (5) attend or reside in a facility established for the | 19 | | instruction
or residence of defendants on probation;
| 20 | | (6) support his dependents;
| 21 | | (7) refrain from possessing a firearm or other | 22 | | dangerous weapon;
| 23 | | (8) and in addition, if a minor:
| 24 | | (i) reside with his parents or in a foster home;
| 25 | | (ii) attend school;
| 26 | | (iii) attend a non-residential program for youth;
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| 1 | | (iv) contribute to his own support at home or in a | 2 | | foster home; or
| 3 | | (v) with the consent of the superintendent of the
| 4 | | facility, attend an educational program at a facility | 5 | | other than the school
in which the
offense was | 6 | | committed if he
or she is placed on supervision for a | 7 | | crime of violence as
defined in
Section 2 of the Crime | 8 | | Victims Compensation Act committed in a school, on the
| 9 | | real
property
comprising a school, or within 1,000 feet | 10 | | of the real property comprising a
school;
| 11 | | (9) make restitution or reparation in an amount not to | 12 | | exceed actual
loss or damage to property and pecuniary loss | 13 | | or make restitution under Section
5-5-6 to a domestic | 14 | | violence shelter. The court shall
determine the amount and | 15 | | conditions of payment;
| 16 | | (10) perform some reasonable public or community | 17 | | service;
| 18 | | (11) comply with the terms and conditions of an order | 19 | | of protection
issued by the court pursuant to the Illinois | 20 | | Domestic Violence Act of 1986 or
an order of protection | 21 | | issued by the court of another state, tribe, or United
| 22 | | States territory.
If the court has ordered the defendant to | 23 | | make a report and appear in
person under paragraph (1) of | 24 | | this subsection, a copy of the order of
protection shall be | 25 | | transmitted to the person or agency so designated
by the | 26 | | court;
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| 1 | | (12) reimburse any "local anti-crime program" as | 2 | | defined in Section 7 of
the Anti-Crime Advisory Council Act | 3 | | for any reasonable expenses incurred by the
program on the | 4 | | offender's case, not to exceed the maximum amount of the
| 5 | | fine authorized for the offense for which the defendant was | 6 | | sentenced;
| 7 | | (13) contribute a reasonable sum of money, not to
| 8 | | exceed the maximum amount of the fine authorized for the | 9 | | offense for which
the defendant was sentenced, (i) to a | 10 | | "local anti-crime program", as defined
in Section 7 of the | 11 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 12 | | the jurisdiction of the Department of Natural Resources, to | 13 | | the fund established by the Department of Natural Resources | 14 | | for the purchase of evidence for investigation purposes and | 15 | | to conduct investigations as outlined in Section 805-105 of | 16 | | the Department of Natural Resources (Conservation) Law;
| 17 | | (14) refrain from entering into a designated | 18 | | geographic area except
upon such terms as the court finds | 19 | | appropriate. Such terms may include
consideration of the | 20 | | purpose of the entry, the time of day, other persons
| 21 | | accompanying the defendant, and advance approval by a | 22 | | probation officer;
| 23 | | (15) refrain from having any contact, directly or | 24 | | indirectly, with
certain specified persons or particular | 25 | | types of person, including but not
limited to members of | 26 | | street gangs and drug users or dealers;
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| 1 | | (16) refrain from having in his or her body the | 2 | | presence of any illicit
drug prohibited by the Cannabis | 3 | | Control Act, the Illinois Controlled
Substances Act, or the | 4 | | Methamphetamine Control and Community Protection Act, | 5 | | unless prescribed by a physician, and submit samples of
his | 6 | | or her blood or urine or both for tests to determine the | 7 | | presence of any
illicit drug;
| 8 | | (17) refrain from operating any motor vehicle not | 9 | | equipped with an
ignition interlock device as defined in | 10 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 11 | | condition the court may allow a defendant who is not
| 12 | | self-employed to operate a vehicle owned by the defendant's | 13 | | employer that is
not equipped with an ignition interlock | 14 | | device in the course and scope of the
defendant's | 15 | | employment; and
| 16 | | (18) if placed on supervision for a sex offense as | 17 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 18 | | unless the offender is a parent or guardian of the person | 19 | | under 18 years of age present in the home and no | 20 | | non-familial minors are present, not participate in a | 21 | | holiday event involving
children
under 18 years of age, | 22 | | such as distributing candy or other items to children on
| 23 | | Halloween,
wearing a Santa Claus costume on or preceding | 24 | | Christmas, being employed as a
department store Santa | 25 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 26 | | Easter. |
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| 1 | | (d) The court shall defer entering any judgment on the | 2 | | charges
until the conclusion of the supervision.
| 3 | | (e) At the conclusion of the period of supervision, if the | 4 | | court
determines that the defendant has successfully complied | 5 | | with all of the
conditions of supervision, the court shall | 6 | | discharge the defendant and
enter a judgment dismissing the | 7 | | charges.
| 8 | | (f) Discharge and dismissal upon a successful conclusion of | 9 | | a
disposition of supervision shall be deemed without | 10 | | adjudication of guilt
and shall not be termed a conviction for | 11 | | purposes of disqualification or
disabilities imposed by law | 12 | | upon conviction of a crime. Two years after the
discharge and | 13 | | dismissal under this Section, unless the disposition of
| 14 | | supervision was for a violation of Sections 3-707, 3-708, | 15 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 16 | | similar
provision of a local ordinance, or for a violation of | 17 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012, in which case it shall be 5
years | 19 | | after discharge and dismissal, a person may have his record
of | 20 | | arrest sealed or expunged as may be provided by law. However, | 21 | | any
defendant placed on supervision before January 1, 1980, may | 22 | | move for
sealing or expungement of his arrest record, as | 23 | | provided by law, at any
time after discharge and dismissal | 24 | | under this Section.
A person placed on supervision for a sexual | 25 | | offense committed against a minor
as defined in clause | 26 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
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| 1 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 2 | | or a
similar provision of a local ordinance
shall not have his | 3 | | or her record of arrest sealed or expunged.
| 4 | | (g) A defendant placed on supervision and who during the | 5 | | period of
supervision undergoes mandatory drug or alcohol | 6 | | testing, or both, or is
assigned to be placed on an approved | 7 | | electronic monitoring device, shall be
ordered to pay the costs | 8 | | incidental to such mandatory drug or alcohol
testing, or both, | 9 | | and costs incidental to such approved electronic
monitoring in | 10 | | accordance with the defendant's ability to pay those costs.
The | 11 | | county board with the concurrence of the Chief Judge of the | 12 | | judicial
circuit in which the county is located shall establish | 13 | | reasonable fees for
the cost of maintenance, testing, and | 14 | | incidental expenses related to the
mandatory drug or alcohol | 15 | | testing, or both, and all costs incidental to
approved | 16 | | electronic monitoring, of all defendants placed on | 17 | | supervision.
The concurrence of the Chief Judge shall be in the | 18 | | form of an
administrative order.
The fees shall be collected by | 19 | | the clerk of the circuit court. The clerk of
the circuit court | 20 | | shall pay all moneys collected from these fees to the county
| 21 | | treasurer who shall use the moneys collected to defray the | 22 | | costs of
drug testing, alcohol testing, and electronic | 23 | | monitoring.
The county treasurer shall deposit the fees | 24 | | collected in the
county working cash fund under Section 6-27001 | 25 | | or Section 6-29002 of the
Counties Code, as the case may be.
| 26 | | (h) A disposition of supervision is a final order for the |
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| 1 | | purposes
of appeal.
| 2 | | (i) The court shall impose upon a defendant placed on | 3 | | supervision
after January 1, 1992 or to community service under | 4 | | the supervision of a
probation or court services department | 5 | | after January 1, 2004, as a condition
of supervision or | 6 | | supervised community service, a fee of $50 for
each month of | 7 | | supervision or supervised community service ordered by the
| 8 | | court, unless after
determining the inability of the person | 9 | | placed on supervision or supervised
community service to pay | 10 | | the
fee, the court assesses a lesser fee. The court may not | 11 | | impose the fee on a
minor who is made a ward of the State under | 12 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 13 | | The fee shall be imposed only upon a
defendant who is actively | 14 | | supervised by the
probation and court services
department. The | 15 | | fee shall be collected by the clerk of the circuit court.
The | 16 | | clerk of the circuit court shall pay all monies collected from | 17 | | this fee
to the county treasurer for deposit in the probation | 18 | | and court services
fund pursuant to Section 15.1 of the | 19 | | Probation and
Probation Officers Act.
| 20 | | A circuit court may not impose a probation fee in excess of | 21 | | $25
per month unless the circuit court has adopted, by | 22 | | administrative
order issued by the chief judge, a standard | 23 | | probation fee guide
determining an offender's ability to pay. | 24 | | Of the
amount collected as a probation fee, not to exceed $5 of | 25 | | that fee
collected per month may be used to provide services to | 26 | | crime victims
and their families. |
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| 1 | | The Court may only waive probation fees based on an | 2 | | offender's ability to pay. The probation department may | 3 | | re-evaluate an offender's ability to pay every 6 months, and, | 4 | | with the approval of the Director of Court Services or the | 5 | | Chief Probation Officer, adjust the monthly fee amount. An | 6 | | offender may elect to pay probation fees due in a lump sum.
Any | 7 | | offender that has been assigned to the supervision of a | 8 | | probation department, or has been transferred either under | 9 | | subsection (h) of this Section or under any interstate compact, | 10 | | shall be required to pay probation fees to the department | 11 | | supervising the offender, based on the offender's ability to | 12 | | pay.
| 13 | | (j) All fines and costs imposed under this Section for any
| 14 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 15 | | Code, or a
similar provision of a local ordinance, and any | 16 | | violation of the Child
Passenger Protection Act, or a similar | 17 | | provision of a local ordinance, shall
be collected and | 18 | | disbursed by the circuit clerk as provided under Section
27.5 | 19 | | of the Clerks of Courts Act.
| 20 | | (k) A defendant at least 17 years of age who is placed on | 21 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 22 | | inhabitants
and who has not been previously convicted of a | 23 | | misdemeanor or felony
may as a condition of his or her | 24 | | supervision be required by the court to
attend educational | 25 | | courses designed to prepare the defendant for a high school
| 26 | | diploma and to work toward a high school diploma or to work |
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| 1 | | toward passing the
high school level Test of General | 2 | | Educational Development (GED) or to work
toward completing a | 3 | | vocational training program approved by the court. The
| 4 | | defendant placed on supervision must attend a public | 5 | | institution of education
to obtain the educational or | 6 | | vocational training required by this subsection
(k). The | 7 | | defendant placed on supervision shall be required to pay for | 8 | | the cost
of the educational courses or GED test, if a fee is | 9 | | charged for those courses
or test. The court shall revoke the | 10 | | supervision of a person who wilfully fails
to comply with this | 11 | | subsection (k). The court shall resentence the defendant
upon | 12 | | revocation of supervision as provided in Section 5-6-4. This | 13 | | subsection
(k) does not apply to a defendant who has a high | 14 | | school diploma or has
successfully passed the GED test. This | 15 | | subsection (k) does not apply to a
defendant who is determined | 16 | | by the court to be developmentally disabled or
otherwise | 17 | | mentally incapable of completing the
educational or vocational | 18 | | program.
| 19 | | (l) The court shall require a defendant placed on | 20 | | supervision for
possession of a substance
prohibited by the | 21 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 22 | | or the Methamphetamine Control and Community Protection Act
| 23 | | after a previous conviction or disposition of supervision for | 24 | | possession of a
substance prohibited by the Cannabis Control | 25 | | Act, the Illinois Controlled
Substances Act, or the | 26 | | Methamphetamine Control and Community Protection Act or a |
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| 1 | | sentence of probation under Section 10 of the Cannabis
Control | 2 | | Act or Section 410 of the Illinois Controlled Substances Act
| 3 | | and after a finding by the court that the person is addicted, | 4 | | to undergo
treatment at a substance abuse program approved by | 5 | | the court.
| 6 | | (m) The Secretary of State shall require anyone placed on | 7 | | court supervision
for a
violation of Section 3-707 of the | 8 | | Illinois Vehicle Code or a similar provision
of a local | 9 | | ordinance
to give proof of his or her financial
responsibility | 10 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 11 | | proof shall be
maintained by the individual in a manner | 12 | | satisfactory to the Secretary of State
for
a
minimum period of | 13 | | 3 years after the date the proof is first filed.
The proof | 14 | | shall be limited to a single action per arrest and may not be
| 15 | | affected by any post-sentence disposition. The Secretary of | 16 | | State shall
suspend the driver's license of any person
| 17 | | determined by the Secretary to be in violation of this | 18 | | subsection. | 19 | | (n) Any offender placed on supervision for any offense that | 20 | | the court or probation department has determined to be sexually | 21 | | motivated as defined in the Sex Offender Management Board Act | 22 | | shall be required to refrain from any contact, directly or | 23 | | indirectly, with any persons specified by the court and shall | 24 | | be available for all evaluations and treatment programs | 25 | | required by the court or the probation department.
| 26 | | (o) An offender placed on supervision for a sex offense as |
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| 1 | | defined in the Sex Offender
Management Board Act shall refrain | 2 | | from residing at the same address or in the same condominium | 3 | | unit or apartment unit or in the same condominium complex or | 4 | | apartment complex with another person he or she knows or | 5 | | reasonably should know is a convicted sex offender or has been | 6 | | placed on supervision for a sex offense. The provisions of this | 7 | | subsection (o) do not apply to a person convicted of a sex | 8 | | offense who is placed in a Department of Corrections licensed | 9 | | transitional housing facility for sex offenders. | 10 | | (p) An offender placed on supervision for an offense | 11 | | committed on or after June 1, 2008
(the effective date of | 12 | | Public Act 95-464)
that would qualify the accused as a child | 13 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 15 | | refrain from communicating with or contacting, by means of the | 16 | | Internet, a person who is not related to the accused and whom | 17 | | the accused reasonably believes to be under 18 years of age. | 18 | | For purposes of this subsection (p), "Internet" has the meaning | 19 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | 20 | | and a person is not related to the accused if the person is | 21 | | not: (i) the spouse, brother, or sister of the accused; (ii) a | 22 | | descendant of the accused; (iii) a first or second cousin of | 23 | | the accused; or (iv) a step-child or adopted child of the | 24 | | accused.
| 25 | | (q) An offender placed on supervision for an offense | 26 | | committed on or after June 1, 2008
(the effective date of |
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| 1 | | Public Act 95-464)
that would qualify the accused as a child | 2 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 4 | | ordered by the court, refrain from communicating with or | 5 | | contacting, by means of the Internet, a person who is related | 6 | | to the accused and whom the accused reasonably believes to be | 7 | | under 18 years of age. For purposes of this subsection (q), | 8 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of | 9 | | the Criminal Code of 2012; and a person is related to the | 10 | | accused if the person is: (i) the spouse, brother, or sister of | 11 | | the accused; (ii) a descendant of the accused; (iii) a first or | 12 | | second cousin of the accused; or (iv) a step-child or adopted | 13 | | child of the accused.
| 14 | | (r) An offender placed on supervision for an offense under | 15 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 16 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 17 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 18 | | 2012, or any attempt to commit any of these offenses, committed | 19 | | on or after the effective date of this amendatory Act of the | 20 | | 95th General Assembly shall: | 21 | | (i) not access or use a computer or any other device | 22 | | with Internet capability without the prior written | 23 | | approval of the court, except in connection with the | 24 | | offender's employment or search for employment with the | 25 | | prior approval of the court; | 26 | | (ii) submit to periodic unannounced examinations of |
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| 1 | | the offender's computer or any other device with Internet | 2 | | capability by the offender's probation officer, a law | 3 | | enforcement officer, or assigned computer or information | 4 | | technology specialist, including the retrieval and copying | 5 | | of all data from the computer or device and any internal or | 6 | | external peripherals and removal of such information, | 7 | | equipment, or device to conduct a more thorough inspection; | 8 | | (iii) submit to the installation on the offender's | 9 | | computer or device with Internet capability, at the | 10 | | offender's expense, of one or more hardware or software | 11 | | systems to monitor the Internet use; and | 12 | | (iv) submit to any other appropriate restrictions | 13 | | concerning the offender's use of or access to a computer or | 14 | | any other device with Internet capability imposed by the | 15 | | court. | 16 | | (s) An offender placed on supervision for an offense that | 17 | | is a sex offense as defined in Section 2 of the Sex Offender | 18 | | Registration Act that is committed on or after January 1, 2010 | 19 | | (the effective date of Public Act 96-362) that requires the | 20 | | person to register as a sex offender under that Act, may not | 21 | | knowingly use any computer scrub software on any computer that | 22 | | the sex offender uses. | 23 | | (t) An offender placed on supervision for a sex offense as | 24 | | defined in the Sex Offender
Registration Act committed on or | 25 | | after January 1, 2010 (the effective date of Public Act 96-262) | 26 | | shall refrain from accessing or using a social networking |
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| 1 | | website as defined in Section 17-0.5 of the Criminal Code of | 2 | | 2012. | 3 | | (u) Jurisdiction over an offender may be transferred from | 4 | | the sentencing court to the court of another circuit with the | 5 | | concurrence of both courts. Further transfers or retransfers of | 6 | | jurisdiction are also authorized in the same manner. The court | 7 | | to which jurisdiction has been transferred shall have the same | 8 | | powers as the sentencing court. The probation department within | 9 | | the circuit to which jurisdiction has been transferred may | 10 | | impose probation fees upon receiving the transferred offender, | 11 | | as provided in subsection (i). The probation department from | 12 | | the original sentencing court shall retain all probation fees | 13 | | collected prior to the transfer. | 14 | | (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | 15 | | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | 16 | | 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | 17 | | 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | 18 | | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2015.".
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