Illinois General Assembly - Full Text of SB1817
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Full Text of SB1817  98th General Assembly


Sen. Chapin Rose

Filed: 4/11/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1817 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 3-707 as follows:
6    (625 ILCS 5/3-707)  (from Ch. 95 1/2, par. 3-707)
7    Sec. 3-707. Operation of uninsured motor vehicle - penalty.
8    (a) No person shall operate a motor vehicle unless the
9motor vehicle is covered by a liability insurance policy in
10accordance with Section 7-601 of this Code.
11    (a-5) A person commits the offense of operation of
12uninsured motor vehicle causing bodily harm when the person:
13        (1) operates a motor vehicle in violation of Section
14    7-601 of this Code; and
15        (2) causes, as a proximate result of the person's
16    operation of the motor vehicle, bodily harm to another



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1    person.
2    (a-6) Uninsured operation of a motor vehicle under
3subsection (a-5) is a Class A misdemeanor. If a person
4convicted of the offense of operation of a motor vehicle under
5subsection (a-5) has previously been convicted of 2 or more
6violations of subsection (a-5) of this Section or of Section
77-601 of this Code, a fine of $2,500, in addition to any
8sentence of incarceration, must be imposed.
9    (b) Any person who fails to comply with a request by a law
10enforcement officer for display of evidence of insurance, as
11required under Section 7-602 of this Code, shall be deemed to
12be operating an uninsured motor vehicle.
13    (c) Except as provided in subsections (a-6) and (c-5), any
14operator of a motor vehicle subject to registration under this
15Code who is convicted of violating this Section is guilty of a
16business offense and shall be required to pay a fine in excess
17of $500, but not more than $1,000, except a person convicted of
18a third or subsequent violation of this Section shall be
19required to pay a fine of $1,000. However, no person charged
20with violating this Section shall be convicted if such person
21produces in court satisfactory evidence that at the time of the
22arrest the motor vehicle was covered by a liability insurance
23policy in accordance with Section 7-601 of this Code. The chief
24judge of each circuit may designate an officer of the court to
25review the documentation demonstrating that at the time of
26arrest the motor vehicle was covered by a liability insurance



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1policy in accordance with Section 7-601 of this Code.
2    (c-1) A person convicted of violating this Section shall
3also have his or her driver's license, permit, or privileges
4suspended for 3 months. After the expiration of the 3 months,
5the person's driver's license, permit, or privileges shall not
6be reinstated until he or she has paid a reinstatement fee of
7$100. If a person violates this Section while his or her
8driver's license, permit, or privileges are suspended under
9this subsection (c-1), his or her driver's license, permit, or
10privileges shall be suspended for an additional 6 months and
11until he or she pays the reinstatement fee.
12    (c-5) A person who (i) has not previously been convicted of
13or received a disposition of court supervision for violating
14this Section and (ii) produces at his or her court appearance
15satisfactory evidence that the motor vehicle is covered, as of
16the date of the court appearance, by a liability insurance
17policy in accordance with Section 7-601 of this Code shall, for
18a violation of this Section, other than a violation of
19subsection (a-5), pay a fine of $100 and receive a disposition
20of court supervision. The person must, on the date that the
21period of court supervision is scheduled to terminate, produce
22satisfactory evidence that the vehicle was covered by the
23required liability insurance policy during the entire period of
24court supervision.
25    An officer of the court designated under subsection (c) may
26also review liability insurance documentation under this



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1subsection (c-5) to determine if the motor vehicle is, as of
2the date of the court appearance, covered by a liability
3insurance policy in accordance with Section 7-601 of this Code.
4The officer of the court shall also determine, on the date the
5period of court supervision is scheduled to terminate, whether
6the vehicle was covered by the required policy during the
7entire period of court supervision.
8    (d) A person convicted a third or subsequent time of
9violating this Section or a similar provision of a local
10ordinance must give proof to the Secretary of State of the
11person's financial responsibility as defined in Section 7-315.
12The person must maintain the proof in a manner satisfactory to
13the Secretary for a minimum period of 3 years after the date
14the proof is first filed. The Secretary must suspend the
15driver's license of any person determined by the Secretary not
16to have provided adequate proof of financial responsibility as
17required by this subsection. This subsection shall not apply to
18a person given court supervision under subsection (c-5) of this
19Section. Within 90 days of the effective date of this
20amendatory Act of the 98th General Assembly, a person who is
21currently required to maintain proof of financial
22responsibility as described in this subsection may petition the
23Secretary of State to be removed from the requirement of
24maintaining proof of financial responsibility as required in
25this subsection, if this person received court supervision
26under subsection (c-5) of this Section and does not have a



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1subsequent conviction under this Section. The person
2petitioning the Secretary must provide proof that he or she
3received court supervision under subsection (c-5) of this
4Section and satisfactorily completed the terms of the court
5supervision. Once the person has provided this proof to the
6Secretary and the Secretary determines the person does not have
7a subsequent conviction under this Section, the Secretary shall
8terminate the requirement that the person maintain proof of
9financial responsibility as required in this Section.
10(Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
11    Section 10. The Unified Code of Corrections is amended by
12changing Section 5-6-3.1 as follows:
13    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
14    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
15    (a) When a defendant is placed on supervision, the court
16shall enter an order for supervision specifying the period of
17such supervision, and shall defer further proceedings in the
18case until the conclusion of the period.
19    (b) The period of supervision shall be reasonable under all
20of the circumstances of the case, but may not be longer than 2
21years, unless the defendant has failed to pay the assessment
22required by Section 10.3 of the Cannabis Control Act, Section
23411.2 of the Illinois Controlled Substances Act, or Section 80
24of the Methamphetamine Control and Community Protection Act, in



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1which case the court may extend supervision beyond 2 years.
2Additionally, the court shall order the defendant to perform no
3less than 30 hours of community service and not more than 120
4hours of community service, if community service is available
5in the jurisdiction and is funded and approved by the county
6board where the offense was committed, when the offense (1) was
7related to or in furtherance of the criminal activities of an
8organized gang or was motivated by the defendant's membership
9in or allegiance to an organized gang; or (2) is a violation of
10any Section of Article 24 of the Criminal Code of 1961 or the
11Criminal Code of 2012 where a disposition of supervision is not
12prohibited by Section 5-6-1 of this Code. The community service
13shall include, but not be limited to, the cleanup and repair of
14any damage caused by violation of Section 21-1.3 of the
15Criminal Code of 1961 or the Criminal Code of 2012 and similar
16damages to property located within the municipality or county
17in which the violation occurred. Where possible and reasonable,
18the community service should be performed in the offender's
20    For the purposes of this Section, "organized gang" has the
21meaning ascribed to it in Section 10 of the Illinois Streetgang
22Terrorism Omnibus Prevention Act.
23    (c) The court may in addition to other reasonable
24conditions relating to the nature of the offense or the
25rehabilitation of the defendant as determined for each
26defendant in the proper discretion of the court require that



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1the person:
2        (1) make a report to and appear in person before or
3    participate with the court or such courts, person, or
4    social service agency as directed by the court in the order
5    of supervision;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical, psychological or psychiatric
10    treatment; or treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) refrain from possessing a firearm or other
15    dangerous weapon;
16        (8) and in addition, if a minor:
17            (i) reside with his parents or in a foster home;
18            (ii) attend school;
19            (iii) attend a non-residential program for youth;
20            (iv) contribute to his own support at home or in a
21        foster home; or
22            (v) with the consent of the superintendent of the
23        facility, attend an educational program at a facility
24        other than the school in which the offense was
25        committed if he or she is placed on supervision for a
26        crime of violence as defined in Section 2 of the Crime



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1        Victims Compensation Act committed in a school, on the
2        real property comprising a school, or within 1,000 feet
3        of the real property comprising a school;
4        (9) make restitution or reparation in an amount not to
5    exceed actual loss or damage to property and pecuniary loss
6    or make restitution under Section 5-5-6 to a domestic
7    violence shelter. The court shall determine the amount and
8    conditions of payment;
9        (10) perform some reasonable public or community
10    service;
11        (11) comply with the terms and conditions of an order
12    of protection issued by the court pursuant to the Illinois
13    Domestic Violence Act of 1986 or an order of protection
14    issued by the court of another state, tribe, or United
15    States territory. If the court has ordered the defendant to
16    make a report and appear in person under paragraph (1) of
17    this subsection, a copy of the order of protection shall be
18    transmitted to the person or agency so designated by the
19    court;
20        (12) reimburse any "local anti-crime program" as
21    defined in Section 7 of the Anti-Crime Advisory Council Act
22    for any reasonable expenses incurred by the program on the
23    offender's case, not to exceed the maximum amount of the
24    fine authorized for the offense for which the defendant was
25    sentenced;
26        (13) contribute a reasonable sum of money, not to



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1    exceed the maximum amount of the fine authorized for the
2    offense for which the defendant was sentenced, (i) to a
3    "local anti-crime program", as defined in Section 7 of the
4    Anti-Crime Advisory Council Act, or (ii) for offenses under
5    the jurisdiction of the Department of Natural Resources, to
6    the fund established by the Department of Natural Resources
7    for the purchase of evidence for investigation purposes and
8    to conduct investigations as outlined in Section 805-105 of
9    the Department of Natural Resources (Conservation) Law;
10        (14) refrain from entering into a designated
11    geographic area except upon such terms as the court finds
12    appropriate. Such terms may include consideration of the
13    purpose of the entry, the time of day, other persons
14    accompanying the defendant, and advance approval by a
15    probation officer;
16        (15) refrain from having any contact, directly or
17    indirectly, with certain specified persons or particular
18    types of person, including but not limited to members of
19    street gangs and drug users or dealers;
20        (16) refrain from having in his or her body the
21    presence of any illicit drug prohibited by the Cannabis
22    Control Act, the Illinois Controlled Substances Act, or the
23    Methamphetamine Control and Community Protection Act,
24    unless prescribed by a physician, and submit samples of his
25    or her blood or urine or both for tests to determine the
26    presence of any illicit drug;



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1        (17) refrain from operating any motor vehicle not
2    equipped with an ignition interlock device as defined in
3    Section 1-129.1 of the Illinois Vehicle Code; under this
4    condition the court may allow a defendant who is not
5    self-employed to operate a vehicle owned by the defendant's
6    employer that is not equipped with an ignition interlock
7    device in the course and scope of the defendant's
8    employment; and
9        (18) if placed on supervision for a sex offense as
10    defined in subsection (a-5) of Section 3-1-2 of this Code,
11    unless the offender is a parent or guardian of the person
12    under 18 years of age present in the home and no
13    non-familial minors are present, not participate in a
14    holiday event involving children under 18 years of age,
15    such as distributing candy or other items to children on
16    Halloween, wearing a Santa Claus costume on or preceding
17    Christmas, being employed as a department store Santa
18    Claus, or wearing an Easter Bunny costume on or preceding
19    Easter.
20    (d) The court shall defer entering any judgment on the
21charges until the conclusion of the supervision.
22    (e) At the conclusion of the period of supervision, if the
23court determines that the defendant has successfully complied
24with all of the conditions of supervision, the court shall
25discharge the defendant and enter a judgment dismissing the



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1    (f) Discharge and dismissal upon a successful conclusion of
2a disposition of supervision shall be deemed without
3adjudication of guilt and shall not be termed a conviction for
4purposes of disqualification or disabilities imposed by law
5upon conviction of a crime. Two years after the discharge and
6dismissal under this Section, unless the disposition of
7supervision was for a violation of Sections 3-707, 3-708,
83-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
9similar provision of a local ordinance, or for a violation of
10Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
11or the Criminal Code of 2012, in which case it shall be 5 years
12after discharge and dismissal, a person may have his record of
13arrest sealed or expunged as may be provided by law. However,
14any defendant placed on supervision before January 1, 1980, may
15move for sealing or expungement of his arrest record, as
16provided by law, at any time after discharge and dismissal
17under this Section. A person placed on supervision for a sexual
18offense committed against a minor as defined in clause
19(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
20for a violation of Section 11-501 of the Illinois Vehicle Code
21or a similar provision of a local ordinance shall not have his
22or her record of arrest sealed or expunged.
23    (g) A defendant placed on supervision and who during the
24period of supervision undergoes mandatory drug or alcohol
25testing, or both, or is assigned to be placed on an approved
26electronic monitoring device, shall be ordered to pay the costs



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1incidental to such mandatory drug or alcohol testing, or both,
2and costs incidental to such approved electronic monitoring in
3accordance with the defendant's ability to pay those costs. The
4county board with the concurrence of the Chief Judge of the
5judicial circuit in which the county is located shall establish
6reasonable fees for the cost of maintenance, testing, and
7incidental expenses related to the mandatory drug or alcohol
8testing, or both, and all costs incidental to approved
9electronic monitoring, of all defendants placed on
10supervision. The concurrence of the Chief Judge shall be in the
11form of an administrative order. The fees shall be collected by
12the clerk of the circuit court. The clerk of the circuit court
13shall pay all moneys collected from these fees to the county
14treasurer who shall use the moneys collected to defray the
15costs of drug testing, alcohol testing, and electronic
16monitoring. The county treasurer shall deposit the fees
17collected in the county working cash fund under Section 6-27001
18or Section 6-29002 of the Counties Code, as the case may be.
19    (h) A disposition of supervision is a final order for the
20purposes of appeal.
21    (i) The court shall impose upon a defendant placed on
22supervision after January 1, 1992 or to community service under
23the supervision of a probation or court services department
24after January 1, 2004, as a condition of supervision or
25supervised community service, a fee of $50 for each month of
26supervision or supervised community service ordered by the



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1court, unless after determining the inability of the person
2placed on supervision or supervised community service to pay
3the fee, the court assesses a lesser fee. The court may not
4impose the fee on a minor who is made a ward of the State under
5the Juvenile Court Act of 1987 while the minor is in placement.
6The fee shall be imposed only upon a defendant who is actively
7supervised by the probation and court services department. The
8fee shall be collected by the clerk of the circuit court. The
9clerk of the circuit court shall pay all monies collected from
10this fee to the county treasurer for deposit in the probation
11and court services fund pursuant to Section 15.1 of the
12Probation and Probation Officers Act.
13    A circuit court may not impose a probation fee in excess of
14$25 per month unless the circuit court has adopted, by
15administrative order issued by the chief judge, a standard
16probation fee guide determining an offender's ability to pay.
17Of the amount collected as a probation fee, not to exceed $5 of
18that fee collected per month may be used to provide services to
19crime victims and their families.
20    The Court may only waive probation fees based on an
21offender's ability to pay. The probation department may
22re-evaluate an offender's ability to pay every 6 months, and,
23with the approval of the Director of Court Services or the
24Chief Probation Officer, adjust the monthly fee amount. An
25offender may elect to pay probation fees due in a lump sum. Any
26offender that has been assigned to the supervision of a



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1probation department, or has been transferred either under
2subsection (h) of this Section or under any interstate compact,
3shall be required to pay probation fees to the department
4supervising the offender, based on the offender's ability to
6    (j) All fines and costs imposed under this Section for any
7violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8Code, or a similar provision of a local ordinance, and any
9violation of the Child Passenger Protection Act, or a similar
10provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13    (k) A defendant at least 17 years of age who is placed on
14supervision for a misdemeanor in a county of 3,000,000 or more
15inhabitants and who has not been previously convicted of a
16misdemeanor or felony may as a condition of his or her
17supervision be required by the court to attend educational
18courses designed to prepare the defendant for a high school
19diploma and to work toward a high school diploma or to work
20toward passing the high school level Test of General
21Educational Development (GED) or to work toward completing a
22vocational training program approved by the court. The
23defendant placed on supervision must attend a public
24institution of education to obtain the educational or
25vocational training required by this subsection (k). The
26defendant placed on supervision shall be required to pay for



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1the cost of the educational courses or GED test, if a fee is
2charged for those courses or test. The court shall revoke the
3supervision of a person who wilfully fails to comply with this
4subsection (k). The court shall resentence the defendant upon
5revocation of supervision as provided in Section 5-6-4. This
6subsection (k) does not apply to a defendant who has a high
7school diploma or has successfully passed the GED test. This
8subsection (k) does not apply to a defendant who is determined
9by the court to be developmentally disabled or otherwise
10mentally incapable of completing the educational or vocational
12    (l) The court shall require a defendant placed on
13supervision for possession of a substance prohibited by the
14Cannabis Control Act, the Illinois Controlled Substances Act,
15or the Methamphetamine Control and Community Protection Act
16after a previous conviction or disposition of supervision for
17possession of a substance prohibited by the Cannabis Control
18Act, the Illinois Controlled Substances Act, or the
19Methamphetamine Control and Community Protection Act or a
20sentence of probation under Section 10 of the Cannabis Control
21Act or Section 410 of the Illinois Controlled Substances Act
22and after a finding by the court that the person is addicted,
23to undergo treatment at a substance abuse program approved by
24the court.
25    (m) Except in the case of a person placed on court
26supervision for a violation of subsection (c-5) of Section



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13-707 of the Illinois Vehicle Code or a similar provision of a
2local ordinance, the The Secretary of State shall require
3anyone placed on court supervision for a violation of Section
43-707 of the Illinois Vehicle Code or a similar provision of a
5local ordinance to give proof of his or her financial
6responsibility as defined in Section 7-315 of the Illinois
7Vehicle Code. The proof shall be maintained by the individual
8in a manner satisfactory to the Secretary of State for a
9minimum period of 3 years after the date the proof is first
10filed. The proof shall be limited to a single action per arrest
11and may not be affected by any post-sentence disposition. The
12Secretary of State shall suspend the driver's license of any
13person determined by the Secretary to be in violation of this
15    (n) Any offender placed on supervision for any offense that
16the court or probation department has determined to be sexually
17motivated as defined in the Sex Offender Management Board Act
18shall be required to refrain from any contact, directly or
19indirectly, with any persons specified by the court and shall
20be available for all evaluations and treatment programs
21required by the court or the probation department.
22    (o) An offender placed on supervision for a sex offense as
23defined in the Sex Offender Management Board Act shall refrain
24from residing at the same address or in the same condominium
25unit or apartment unit or in the same condominium complex or
26apartment complex with another person he or she knows or



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1reasonably should know is a convicted sex offender or has been
2placed on supervision for a sex offense. The provisions of this
3subsection (o) do not apply to a person convicted of a sex
4offense who is placed in a Department of Corrections licensed
5transitional housing facility for sex offenders.
6    (p) An offender placed on supervision for an offense
7committed on or after June 1, 2008 (the effective date of
8Public Act 95-464) that would qualify the accused as a child
9sex offender as defined in Section 11-9.3 or 11-9.4 of the
10Criminal Code of 1961 or the Criminal Code of 2012 shall
11refrain from communicating with or contacting, by means of the
12Internet, a person who is not related to the accused and whom
13the accused reasonably believes to be under 18 years of age.
14For purposes of this subsection (p), "Internet" has the meaning
15ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
16and a person is not related to the accused if the person is
17not: (i) the spouse, brother, or sister of the accused; (ii) a
18descendant of the accused; (iii) a first or second cousin of
19the accused; or (iv) a step-child or adopted child of the
21    (q) An offender placed on supervision for an offense
22committed on or after June 1, 2008 (the effective date of
23Public Act 95-464) that would qualify the accused as a child
24sex offender as defined in Section 11-9.3 or 11-9.4 of the
25Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
26ordered by the court, refrain from communicating with or



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1contacting, by means of the Internet, a person who is related
2to the accused and whom the accused reasonably believes to be
3under 18 years of age. For purposes of this subsection (q),
4"Internet" has the meaning ascribed to it in Section 16-0.1 of
5the Criminal Code of 2012; and a person is related to the
6accused if the person is: (i) the spouse, brother, or sister of
7the accused; (ii) a descendant of the accused; (iii) a first or
8second cousin of the accused; or (iv) a step-child or adopted
9child of the accused.
10    (r) An offender placed on supervision for an offense under
11Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
12juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1311-21 of the Criminal Code of 1961 or the Criminal Code of
142012, or any attempt to commit any of these offenses, committed
15on or after the effective date of this amendatory Act of the
1695th General Assembly shall:
17        (i) not access or use a computer or any other device
18    with Internet capability without the prior written
19    approval of the court, except in connection with the
20    offender's employment or search for employment with the
21    prior approval of the court;
22        (ii) submit to periodic unannounced examinations of
23    the offender's computer or any other device with Internet
24    capability by the offender's probation officer, a law
25    enforcement officer, or assigned computer or information
26    technology specialist, including the retrieval and copying



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1    of all data from the computer or device and any internal or
2    external peripherals and removal of such information,
3    equipment, or device to conduct a more thorough inspection;
4        (iii) submit to the installation on the offender's
5    computer or device with Internet capability, at the
6    offender's expense, of one or more hardware or software
7    systems to monitor the Internet use; and
8        (iv) submit to any other appropriate restrictions
9    concerning the offender's use of or access to a computer or
10    any other device with Internet capability imposed by the
11    court.
12    (s) An offender placed on supervision for an offense that
13is a sex offense as defined in Section 2 of the Sex Offender
14Registration Act that is committed on or after January 1, 2010
15(the effective date of Public Act 96-362) that requires the
16person to register as a sex offender under that Act, may not
17knowingly use any computer scrub software on any computer that
18the sex offender uses.
19    (t) An offender placed on supervision for a sex offense as
20defined in the Sex Offender Registration Act committed on or
21after January 1, 2010 (the effective date of Public Act 96-262)
22shall refrain from accessing or using a social networking
23website as defined in Section 17-0.5 of the Criminal Code of
25    (u) Jurisdiction over an offender may be transferred from
26the sentencing court to the court of another circuit with the



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1concurrence of both courts. Further transfers or retransfers of
2jurisdiction are also authorized in the same manner. The court
3to which jurisdiction has been transferred shall have the same
4powers as the sentencing court. The probation department within
5the circuit to which jurisdiction has been transferred may
6impose probation fees upon receiving the transferred offender,
7as provided in subsection (i). The probation department from
8the original sentencing court shall retain all probation fees
9collected prior to the transfer.
10(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
11eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
1296-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
1310, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
14eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
15    Section 99. Effective date. This Act takes effect January
161, 2014.".