Full Text of HB0353 99th General Assembly
HB0353ham002 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 353
| 2 | | AMENDMENT NO. ______. Amend House Bill 353 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Section 25 as follows:
| 6 | | (225 ILCS 46/25)
| 7 | | Sec. 25. Persons ineligible to be hired by health care | 8 | | employers and long-term care facilities.
| 9 | | (a) In the discretion of the Director of Public Health, as | 10 | | soon after January 1, 1996, January 1, 1997, January 1, 2006, | 11 | | or October 1, 2007, as applicable, and as is reasonably | 12 | | practical, no
health care employer shall knowingly hire, | 13 | | employ, or retain any
individual in a position with duties | 14 | | involving direct care for clients,
patients, or residents, and | 15 | | no long-term care facility shall knowingly hire, employ, or | 16 | | retain any individual in a position with duties that involve or |
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| 1 | | may involve
contact with residents or access to the living | 2 | | quarters or the financial, medical, or personal records of | 3 | | residents, who has been convicted of committing or attempting | 4 | | to
commit one or more of the following offenses: those defined | 5 | | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | 6 | | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| 7 | | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | 8 | | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | 9 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | 10 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | 11 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| 12 | | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | 13 | | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
| 14 | | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | 15 | | Section 11-14.4, or in subsection (a) of Section 12-3 or | 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012; those provided in
Section | 18 | | 4 of the Wrongs to Children Act; those provided in Section 53 | 19 | | of the
Criminal Jurisprudence Act; those defined in Section 5, | 20 | | 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those defined in | 21 | | the Methamphetamine Control and Community Protection Act; or | 22 | | those defined in Sections 401, 401.1, 404, 405,
405.1, 407, or | 23 | | 407.1 of the Illinois Controlled Substances Act, unless the
| 24 | | applicant or employee obtains a waiver pursuant to Section 40.
| 25 | | (a-1) In the discretion of the Director of Public Health, | 26 | | as soon after January 1, 2004 or October 1, 2007, as |
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| 1 | | applicable, and as is reasonably practical, no health care | 2 | | employer shall knowingly hire
any individual in a position with | 3 | | duties involving direct care for clients,
patients, or | 4 | | residents, and no long-term care facility shall knowingly hire | 5 | | any individual in a position with duties that involve or may | 6 | | involve
contact with residents or access to the living quarters | 7 | | or the financial, medical, or personal records of residents, | 8 | | who has (i) been convicted of committing or attempting
to | 9 | | commit one or more of the offenses defined in Section 12-3.3, | 10 | | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | 11 | | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6, | 12 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | 13 | | subsection (b) of Section 18-1, or subsection (b) of Section | 14 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of | 15 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | 16 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | 18 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse | 19 | | Practice Act, unless the applicant or employee obtains a waiver | 20 | | pursuant to Section 40 of this Act.
| 21 | | A health care employer is not required to retain an | 22 | | individual in a position
with duties involving direct care for | 23 | | clients, patients, or residents, and no long-term care facility | 24 | | is required to retain an individual in a position with duties | 25 | | that involve or may involve
contact with residents or access to | 26 | | the living quarters or the financial, medical, or personal |
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| 1 | | records of residents, who has
been convicted of committing or | 2 | | attempting to commit one or more of
the offenses enumerated in | 3 | | this subsection.
| 4 | | (b) A health care employer shall not hire, employ, or | 5 | | retain any
individual in a position with duties involving | 6 | | direct care of clients,
patients, or residents, and no | 7 | | long-term care facility shall knowingly hire, employ, or retain | 8 | | any individual in a position with duties that involve or may | 9 | | involve
contact with residents or access to the living quarters | 10 | | or the financial, medical, or personal records of residents, if | 11 | | the health care employer becomes aware that the
individual has | 12 | | been convicted in another state of committing or attempting to
| 13 | | commit an offense that has the same or similar elements as an | 14 | | offense listed in
subsection (a) or (a-1), as verified by court | 15 | | records, records from a state
agency, or an FBI criminal | 16 | | history record check, unless the applicant or employee obtains | 17 | | a waiver pursuant to Section 40 of this Act. This shall not be | 18 | | construed to
mean that a health care employer has an obligation | 19 | | to conduct a criminal
history records check in other states in | 20 | | which an employee has resided.
| 21 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | 22 | | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | 23 | | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | 24 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 25 | | eff. 1-25-13.) |
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| 1 | | Section 10. The Illinois Vehicle Code is amended by | 2 | | changing Sections 6-106.1 and 6-508 as follows:
| 3 | | (625 ILCS 5/6-106.1)
| 4 | | Sec. 6-106.1. School bus driver permit.
| 5 | | (a) The Secretary of State shall issue a school bus driver
| 6 | | permit to those applicants who have met all the requirements of | 7 | | the
application and screening process under this Section to | 8 | | insure the
welfare and safety of children who are transported | 9 | | on school buses
throughout the State of Illinois. Applicants | 10 | | shall obtain the
proper application required by the Secretary | 11 | | of State from their
prospective or current employer and submit | 12 | | the completed
application to the prospective or current | 13 | | employer along
with the necessary fingerprint submission as | 14 | | required by the
Department of
State Police to conduct | 15 | | fingerprint based criminal background
checks on current and | 16 | | future information available in the state
system and current | 17 | | information available through the Federal Bureau
of | 18 | | Investigation's system. Applicants who have completed the
| 19 | | fingerprinting requirements shall not be subjected to the
| 20 | | fingerprinting process when applying for subsequent permits or
| 21 | | submitting proof of successful completion of the annual | 22 | | refresher
course. Individuals who on the effective date of this | 23 | | Act possess a valid
school bus driver permit that has been | 24 | | previously issued by the appropriate
Regional School | 25 | | Superintendent are not subject to the fingerprinting
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| 1 | | provisions of this Section as long as the permit remains valid | 2 | | and does not
lapse. The applicant shall be required to pay all | 3 | | related
application and fingerprinting fees as established by | 4 | | rule
including, but not limited to, the amounts established by | 5 | | the Department of
State Police and the Federal Bureau of | 6 | | Investigation to process
fingerprint based criminal background | 7 | | investigations. All fees paid for
fingerprint processing | 8 | | services under this Section shall be deposited into the
State | 9 | | Police Services Fund for the cost incurred in processing the | 10 | | fingerprint
based criminal background investigations. All | 11 | | other fees paid under this
Section shall be deposited into the | 12 | | Road
Fund for the purpose of defraying the costs of the | 13 | | Secretary of State in
administering this Section. All | 14 | | applicants must:
| 15 | | 1. be 21 years of age or older;
| 16 | | 2. possess a valid and properly classified driver's | 17 | | license
issued by the Secretary of State;
| 18 | | 3. possess a valid driver's license, which has not been
| 19 | | revoked, suspended, or canceled for 3 years immediately | 20 | | prior to
the date of application, or have not had his or | 21 | | her commercial motor vehicle
driving privileges
| 22 | | disqualified within the 3 years immediately prior to the | 23 | | date of application;
| 24 | | 4. successfully pass a written test, administered by | 25 | | the
Secretary of State, on school bus operation, school bus | 26 | | safety, and
special traffic laws relating to school buses |
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| 1 | | and submit to a review
of the applicant's driving habits by | 2 | | the Secretary of State at the time the
written test is | 3 | | given;
| 4 | | 5. demonstrate ability to exercise reasonable care in | 5 | | the operation of
school buses in accordance with rules | 6 | | promulgated by the Secretary of State;
| 7 | | 6. demonstrate physical fitness to operate school | 8 | | buses by
submitting the results of a medical examination, | 9 | | including tests for drug
use for each applicant not subject | 10 | | to such testing pursuant to
federal law, conducted by a | 11 | | licensed physician, an advanced practice nurse
who has a | 12 | | written collaborative agreement with
a collaborating | 13 | | physician which authorizes him or her to perform medical
| 14 | | examinations, or a physician assistant who has been | 15 | | delegated the
performance of medical examinations by his or | 16 | | her supervising physician
within 90 days of the date
of | 17 | | application according to standards promulgated by the | 18 | | Secretary of State;
| 19 | | 7. affirm under penalties of perjury that he or she has | 20 | | not made a
false statement or knowingly concealed a | 21 | | material fact
in any application for permit;
| 22 | | 8. have completed an initial classroom course, | 23 | | including first aid
procedures, in school bus driver safety | 24 | | as promulgated by the Secretary of
State; and after | 25 | | satisfactory completion of said initial course an annual
| 26 | | refresher course; such courses and the agency or |
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| 1 | | organization conducting such
courses shall be approved by | 2 | | the Secretary of State; failure to
complete the annual | 3 | | refresher course, shall result in
cancellation of the | 4 | | permit until such course is completed;
| 5 | | 9. not have been under an order of court supervision | 6 | | for or convicted of 2 or more serious traffic offenses, as
| 7 | | defined by rule, within one year prior to the date of | 8 | | application that may
endanger the life or safety of any of | 9 | | the driver's passengers within the
duration of the permit | 10 | | period;
| 11 | | 10. not have been under an order of court supervision | 12 | | for or convicted of reckless driving, aggravated reckless | 13 | | driving, driving while under the influence of alcohol, | 14 | | other drug or drugs, intoxicating compound or compounds or | 15 | | any combination thereof, or reckless homicide resulting | 16 | | from the operation of a motor
vehicle within 3 years of the | 17 | | date of application;
| 18 | | 11. not have been convicted of committing or attempting
| 19 | | to commit any
one or more of the following offenses: (i) | 20 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | 21 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | 22 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | 23 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | 24 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | 25 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 26 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, |
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| 1 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | 2 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 3 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | 4 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 5 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | 6 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| 7 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 8 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.1-5, 24-1.2, 24-1.2-5, | 9 | | 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, | 10 | | 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of | 11 | | Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), | 12 | | (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section | 13 | | 12-3.05, and in subsection (a) and subsection (b), clause | 14 | | (1), of Section
12-4, and in subsection (A), clauses (a) | 15 | | and (b), of Section 24-3, and those offenses contained in | 16 | | Article 29D of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 18 | | Control Act except those offenses defined in subsections | 19 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 20 | | of the Cannabis Control
Act; (iii) those offenses defined | 21 | | in the Illinois Controlled Substances
Act; (iv) those | 22 | | offenses defined in the Methamphetamine Control and | 23 | | Community Protection Act; (v) any offense committed or | 24 | | attempted in any other state or against
the laws of the | 25 | | United States, which if committed or attempted in this
| 26 | | State would be punishable as one or more of the foregoing |
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| 1 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | 2 | | of the Wrongs to Children Act or Section 11-9.1A of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 4 | | those offenses defined in Section 6-16 of the Liquor | 5 | | Control Act of
1934;
and (viii) those offenses defined in | 6 | | the Methamphetamine Precursor Control Act;
| 7 | | 12. not have been repeatedly involved as a driver in | 8 | | motor vehicle
collisions or been repeatedly convicted of | 9 | | offenses against
laws and ordinances regulating the | 10 | | movement of traffic, to a degree which
indicates lack of | 11 | | ability to exercise ordinary and reasonable care in the
| 12 | | safe operation of a motor vehicle or disrespect for the | 13 | | traffic laws and
the safety of other persons upon the | 14 | | highway;
| 15 | | 13. not have, through the unlawful operation of a motor
| 16 | | vehicle, caused an accident resulting in the death of any | 17 | | person;
| 18 | | 14. not have, within the last 5 years, been adjudged to | 19 | | be
afflicted with or suffering from any mental disability | 20 | | or disease; and
| 21 | | 15. consent, in writing, to the release of results of | 22 | | reasonable suspicion drug and alcohol testing under | 23 | | Section 6-106.1c of this Code by the employer of the | 24 | | applicant to the Secretary of State. | 25 | | (b) A school bus driver permit shall be valid for a period | 26 | | specified by
the Secretary of State as set forth by rule. It |
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| 1 | | shall be renewable upon compliance with subsection (a) of this
| 2 | | Section.
| 3 | | (c) A school bus driver permit shall contain the holder's | 4 | | driver's
license number, legal name, residence address, zip | 5 | | code, and date
of birth, a brief description of the holder and | 6 | | a space for signature. The
Secretary of State may require a | 7 | | suitable photograph of the holder.
| 8 | | (d) The employer shall be responsible for conducting a | 9 | | pre-employment
interview with prospective school bus driver | 10 | | candidates, distributing school
bus driver applications and | 11 | | medical forms to be completed by the applicant, and
submitting | 12 | | the applicant's fingerprint cards to the Department of State | 13 | | Police
that are required for the criminal background | 14 | | investigations. The employer
shall certify in writing to the | 15 | | Secretary of State that all pre-employment
conditions have been | 16 | | successfully completed including the successful completion
of | 17 | | an Illinois specific criminal background investigation through | 18 | | the
Department of State Police and the submission of necessary
| 19 | | fingerprints to the Federal Bureau of Investigation for | 20 | | criminal
history information available through the Federal | 21 | | Bureau of
Investigation system. The applicant shall present the
| 22 | | certification to the Secretary of State at the time of | 23 | | submitting
the school bus driver permit application.
| 24 | | (e) Permits shall initially be provisional upon receiving
| 25 | | certification from the employer that all pre-employment | 26 | | conditions
have been successfully completed, and upon |
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| 1 | | successful completion of
all training and examination | 2 | | requirements for the classification of
the vehicle to be | 3 | | operated, the Secretary of State shall
provisionally issue a | 4 | | School Bus Driver Permit. The permit shall
remain in a | 5 | | provisional status pending the completion of the
Federal Bureau | 6 | | of Investigation's criminal background investigation based
| 7 | | upon fingerprinting specimens submitted to the Federal Bureau | 8 | | of
Investigation by the Department of State Police. The Federal | 9 | | Bureau of
Investigation shall report the findings directly to | 10 | | the Secretary
of State. The Secretary of State shall remove the | 11 | | bus driver
permit from provisional status upon the applicant's | 12 | | successful
completion of the Federal Bureau of Investigation's | 13 | | criminal
background investigation.
| 14 | | (f) A school bus driver permit holder shall notify the
| 15 | | employer and the Secretary of State if he or she is issued an | 16 | | order of court supervision for or convicted in
another state of | 17 | | an offense that would make him or her ineligible
for a permit | 18 | | under subsection (a) of this Section. The
written notification | 19 | | shall be made within 5 days of the entry of
the order of court | 20 | | supervision or conviction. Failure of the permit holder to | 21 | | provide the
notification is punishable as a petty
offense for a | 22 | | first violation and a Class B misdemeanor for a
second or | 23 | | subsequent violation.
| 24 | | (g) Cancellation; suspension; notice and procedure.
| 25 | | (1) The Secretary of State shall cancel a school bus
| 26 | | driver permit of an applicant whose criminal background |
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| 1 | | investigation
discloses that he or she is not in compliance | 2 | | with the provisions of subsection
(a) of this Section.
| 3 | | (2) The Secretary of State shall cancel a school
bus | 4 | | driver permit when he or she receives notice that the | 5 | | permit holder fails
to comply with any provision of this | 6 | | Section or any rule promulgated for the
administration of | 7 | | this Section.
| 8 | | (3) The Secretary of State shall cancel a school bus
| 9 | | driver permit if the permit holder's restricted commercial | 10 | | or
commercial driving privileges are withdrawn or | 11 | | otherwise
invalidated.
| 12 | | (4) The Secretary of State may not issue a school bus
| 13 | | driver permit for a period of 3 years to an applicant who | 14 | | fails to
obtain a negative result on a drug test as | 15 | | required in item 6 of
subsection (a) of this Section or | 16 | | under federal law.
| 17 | | (5) The Secretary of State shall forthwith suspend
a | 18 | | school bus driver permit for a period of 3 years upon | 19 | | receiving
notice that the holder has failed to obtain a | 20 | | negative result on a
drug test as required in item 6 of | 21 | | subsection (a) of this Section
or under federal law.
| 22 | | (6) The Secretary of State shall suspend a school bus | 23 | | driver permit for a period of 3 years upon receiving notice | 24 | | from the employer that the holder failed to perform the | 25 | | inspection procedure set forth in subsection (a) or (b) of | 26 | | Section 12-816 of this Code. |
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| 1 | | (7) The Secretary of State shall suspend a school bus | 2 | | driver permit for a period of 3 years upon receiving notice | 3 | | from the employer that the holder refused to submit to an | 4 | | alcohol or drug test as required by Section 6-106.1c or has | 5 | | submitted to a test required by that Section which | 6 | | disclosed an alcohol concentration of more than 0.00 or | 7 | | disclosed a positive result on a National Institute on Drug | 8 | | Abuse five-drug panel, utilizing federal standards set | 9 | | forth in 49 CFR 40.87. | 10 | | The Secretary of State shall notify the State | 11 | | Superintendent
of Education and the permit holder's | 12 | | prospective or current
employer that the applicant has (1) has | 13 | | failed a criminal
background investigation or (2) is no
longer | 14 | | eligible for a school bus driver permit; and of the related
| 15 | | cancellation of the applicant's provisional school bus driver | 16 | | permit. The
cancellation shall remain in effect pending the | 17 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 18 | | The scope of the
hearing shall be limited to the issuance | 19 | | criteria contained in
subsection (a) of this Section. A | 20 | | petition requesting a
hearing shall be submitted to the | 21 | | Secretary of State and shall
contain the reason the individual | 22 | | feels he or she is entitled to a
school bus driver permit. The | 23 | | permit holder's
employer shall notify in writing to the | 24 | | Secretary of State
that the employer has certified the removal | 25 | | of the offending school
bus driver from service prior to the | 26 | | start of that school bus
driver's next workshift. An employing |
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| 1 | | school board that fails to
remove the offending school bus | 2 | | driver from service is
subject to the penalties defined in | 3 | | Section 3-14.23 of the School Code. A
school bus
contractor who | 4 | | violates a provision of this Section is
subject to the | 5 | | penalties defined in Section 6-106.11.
| 6 | | All valid school bus driver permits issued under this | 7 | | Section
prior to January 1, 1995, shall remain effective until | 8 | | their
expiration date unless otherwise invalidated.
| 9 | | (h) When a school bus driver permit holder who is a service | 10 | | member is called to active duty, the employer of the permit | 11 | | holder shall notify the Secretary of State, within 30 days of | 12 | | notification from the permit holder, that the permit holder has | 13 | | been called to active duty. Upon notification pursuant to this | 14 | | subsection, (i) the Secretary of State shall characterize the | 15 | | permit as inactive until a permit holder renews the permit as | 16 | | provided in subsection (i) of this Section, and (ii) if a | 17 | | permit holder fails to comply with the requirements of this | 18 | | Section while called to active duty, the Secretary of State | 19 | | shall not characterize the permit as invalid. | 20 | | (i) A school bus driver permit holder who is a service | 21 | | member returning from active duty must, within 90 days, renew a | 22 | | permit characterized as inactive pursuant to subsection (h) of | 23 | | this Section by complying with the renewal requirements of | 24 | | subsection (b) of this Section. | 25 | | (j) For purposes of subsections (h) and (i) of this | 26 | | Section: |
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| 1 | | "Active duty" means active duty pursuant to an executive | 2 | | order of the President of the United States, an act of the | 3 | | Congress of the United States, or an order of the Governor. | 4 | | "Service member" means a member of the Armed Services or | 5 | | reserve forces of the United States or a member of the Illinois | 6 | | National Guard. | 7 | | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | 8 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | 9 | | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | 10 | | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | 11 | | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | 12 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 13 | | eff. 1-25-13.)
| 14 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 15 | | (Text of Section after amendment by P.A. 98-176 )
| 16 | | Sec. 6-508. Commercial Driver's License (CDL) - | 17 | | qualification standards.
| 18 | | (a) Testing.
| 19 | | (1) General. No person shall be issued an original or | 20 | | renewal CDL
unless that person is
domiciled in this State | 21 | | or is applying for a non-domiciled CDL under Sections 6-509 | 22 | | and 6-510 of this Code. The Secretary shall cause to be | 23 | | administered such
tests as the Secretary deems necessary to | 24 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 25 | | H, and J.
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| 1 | | (1.5) Effective July 1, 2014, no person shall be issued | 2 | | an original CDL or an upgraded CDL that requires a skills | 3 | | test unless that person has held a CLP, for a minimum of 14 | 4 | | calendar days, for the classification of vehicle and | 5 | | endorsement, if any, for which the person is seeking a CDL. | 6 | | (2) Third party testing. The Secretary of State may | 7 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 8 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| 9 | | skills test or tests specified by the Federal Motor Carrier | 10 | | Safety
Administration pursuant to the
Commercial Motor | 11 | | Vehicle Safety Act of 1986 and any appropriate federal | 12 | | rule.
| 13 | | (b) Waiver of Skills Test. The Secretary of State may waive | 14 | | the skills
test specified in this Section for a driver | 15 | | applicant for a commercial driver license
who meets the | 16 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 17 | | waive the skills tests specified in this Section for a driver | 18 | | applicant who has military commercial motor vehicle | 19 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 20 | | (b-1) No person shall be issued a CDL unless the person | 21 | | certifies to the Secretary one of the following types of | 22 | | driving operations in which he or she will be engaged: | 23 | | (1) non-excepted interstate; | 24 | | (2) non-excepted intrastate; | 25 | | (3) excepted interstate; or | 26 | | (4) excepted intrastate. |
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| 1 | | (b-2) (Blank). | 2 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 3 | | issued to a person while the person is
subject to a | 4 | | disqualification from driving a commercial motor vehicle, or
| 5 | | unless otherwise permitted by this Code, while the person's | 6 | | driver's
license is suspended, revoked or cancelled in
any | 7 | | state, or any territory or province of Canada; nor may a CLP or | 8 | | CDL be issued
to a person who has a CLP or CDL issued by any | 9 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 10 | | to a person who has an Illinois CLP unless the person first | 11 | | surrenders all of these
licenses or permits. However, a person | 12 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 13 | | is necessary to train or practice for an endorsement or vehicle | 14 | | classification not present on the current CDL. No CDL shall be | 15 | | issued to or renewed for a person who does not
meet the | 16 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 17 | | with
the aid of a hearing aid.
| 18 | | (c-1) The Secretary may issue a CDL with a school bus | 19 | | driver endorsement
to allow a person to drive the type of bus | 20 | | described in subsection (d-5) of
Section 6-104 of this Code. | 21 | | The CDL with a school bus driver endorsement may be
issued only | 22 | | to a person meeting the following requirements:
| 23 | | (1) the person has submitted his or her fingerprints to | 24 | | the
Department of State Police in the form and manner
| 25 | | prescribed by the Department of State Police. These
| 26 | | fingerprints shall be checked against the fingerprint |
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| 1 | | records
now and hereafter filed in the Department of State | 2 | | Police and
Federal Bureau of Investigation criminal | 3 | | history records databases;
| 4 | | (2) the person has passed a written test, administered | 5 | | by the Secretary of
State, on charter bus operation, | 6 | | charter bus safety, and certain special
traffic laws
| 7 | | relating to school buses determined by the Secretary of | 8 | | State to be relevant to
charter buses, and submitted to a | 9 | | review of the driver applicant's driving
habits by the | 10 | | Secretary of State at the time the written test is given;
| 11 | | (3) the person has demonstrated physical fitness to | 12 | | operate school buses
by
submitting the results of a medical | 13 | | examination, including tests for drug
use; and
| 14 | | (4) the person has not been convicted of committing or | 15 | | attempting
to commit any
one or more of the following | 16 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 17 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 18 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 19 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 20 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 21 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 22 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 23 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 24 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 25 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 26 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
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| 1 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 2 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 3 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 4 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, | 5 | | 24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, | 6 | | 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and | 7 | | 33D-1, and in subsection (b) of Section 8-1, and in | 8 | | subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), | 9 | | (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in | 10 | | subsection (a) and subsection (b), clause (1), of Section
| 11 | | 12-4, and in subsection (A), clauses (a) and (b), of | 12 | | Section 24-3, and those offenses contained in Article 29D | 13 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 14 | | (ii) those offenses defined in the
Cannabis Control Act | 15 | | except those offenses defined in subsections (a) and
(b) of | 16 | | Section 4, and subsection (a) of Section 5 of the Cannabis | 17 | | Control
Act; (iii) those offenses defined in the Illinois | 18 | | Controlled Substances
Act; (iv) those offenses defined in | 19 | | the Methamphetamine Control and Community Protection Act; | 20 | | (v) any offense committed or attempted in any other state | 21 | | or against
the laws of the United States, which if | 22 | | committed or attempted in this
State would be punishable as | 23 | | one or more of the foregoing offenses; (vi)
the offenses | 24 | | defined in Sections 4.1 and 5.1 of the Wrongs to Children | 25 | | Act or Section 11-9.1A of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012; (vii) those offenses defined in |
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| 1 | | Section 6-16 of the Liquor Control Act of
1934; and (viii) | 2 | | those offenses defined in the Methamphetamine Precursor | 3 | | Control Act.
| 4 | | The Department of State Police shall charge
a fee for | 5 | | conducting the criminal history records check, which shall be
| 6 | | deposited into the State Police Services Fund and may not | 7 | | exceed the actual
cost of the records check.
| 8 | | (c-2) The Secretary shall issue a CDL with a school bus | 9 | | endorsement to allow a person to drive a school bus as defined | 10 | | in this Section. The CDL shall be issued according to the | 11 | | requirements outlined in 49 C.F.R. 383. A person may not | 12 | | operate a school bus as defined in this Section without a | 13 | | school bus endorsement. The Secretary of State may adopt rules | 14 | | consistent with Federal guidelines to implement this | 15 | | subsection (c-2).
| 16 | | (d) (Blank).
| 17 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 18 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 19 | | 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for | 20 | | effective date of changes made by 98-176); 98-756, eff. | 21 | | 7-16-14.) | 22 | | Section 15. The Clerks of Courts Act is amended by changing | 23 | | Section 27.6 as follows:
| 24 | | (705 ILCS 105/27.6)
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| 1 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 2 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 3 | | 98-658, and 98-1013) | 4 | | Sec. 27.6. (a) All fees, fines, costs, additional | 5 | | penalties, bail balances
assessed or forfeited, and any other | 6 | | amount paid by a person to the circuit
clerk equalling an | 7 | | amount of $55 or more, except the fine imposed by Section | 8 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 9 | | required
by subsections (b) and (c), restitution under Section | 10 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 11 | | local anti-crime program ordered pursuant to Section | 12 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 13 | | Corrections, reimbursement for the costs of an emergency
| 14 | | response as provided under Section 11-501 of the Illinois | 15 | | Vehicle Code,
any fees collected for attending a traffic safety | 16 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 17 | | collected on behalf of a State's Attorney
under Section 4-2002 | 18 | | of the Counties Code or a sheriff under Section 4-5001
of the | 19 | | Counties Code, or any cost imposed under Section 124A-5 of the | 20 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 21 | | supervision, or any
other disposition for a violation of | 22 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 23 | | similar provision of a local ordinance, and any
violation of | 24 | | the Child Passenger Protection Act, or a similar provision of a
| 25 | | local ordinance, and except as otherwise provided in this | 26 | | Section
shall be disbursed
within 60 days after receipt by the |
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| 1 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 2 | | entity authorized by law to
receive the fine imposed in the | 3 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 4 | | 38.675% shall be disbursed to the county's general corporate
| 5 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 6 | | shall be deposited
by the State Treasurer into the Violent | 7 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 8 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 9 | | be deposited into the Drivers Education Fund, and 6.948/17 | 10 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 11 | | deposited into the
Trauma Center Fund from the 16.825% | 12 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 13 | | Department of Public Health and 50% shall be disbursed to
the | 14 | | Department of Healthcare and Family Services. For fiscal year | 15 | | 1993, amounts deposited into
the Violent Crime Victims | 16 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 17 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 18 | | the amounts deposited into those funds in fiscal year 1991. Any
| 19 | | amount that exceeds the 110% limit shall be distributed as | 20 | | follows: 50%
shall be disbursed to the county's general | 21 | | corporate fund and 50% shall be
disbursed to the entity | 22 | | authorized by law to receive the fine imposed in
the case. Not | 23 | | later than March 1 of each year the circuit clerk
shall submit | 24 | | a report of the amount of funds remitted to the State
Treasurer | 25 | | under this Section during the preceding year based upon
| 26 | | independent verification of fines and fees. All counties shall |
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| 1 | | be subject
to this Section, except that counties with a | 2 | | population under 2,000,000
may, by ordinance, elect not to be | 3 | | subject to this Section. For offenses
subject to this Section, | 4 | | judges shall impose one total sum of money payable
for | 5 | | violations. The circuit clerk may add on no additional amounts | 6 | | except
for amounts that are required by Sections 27.3a and | 7 | | 27.3c of
this Act, unless those amounts are specifically waived | 8 | | by the judge. With
respect to money collected by the circuit | 9 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 10 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 11 | | clerk shall first deduct and pay amounts
required by Sections | 12 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 13 | | limitation of home rule powers and functions under subsection | 14 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 15 | | (b) In addition to any other fines and court costs assessed | 16 | | by the courts,
any person convicted or receiving an order of | 17 | | supervision for driving under
the influence of alcohol or drugs | 18 | | shall pay an additional fee of $100 to the
clerk of the circuit | 19 | | court. This amount, less 2 1/2% that shall be used to
defray | 20 | | administrative costs incurred by the clerk, shall be remitted | 21 | | by the
clerk to the Treasurer within 60 days after receipt for | 22 | | deposit into the Trauma
Center Fund. This additional fee of | 23 | | $100 shall not be considered a part of the
fine for purposes of | 24 | | any reduction in the fine for time served either before or
| 25 | | after sentencing. Not later than March 1 of each year the | 26 | | Circuit Clerk shall
submit a report of the amount of funds |
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| 1 | | remitted to the State Treasurer under
this subsection during | 2 | | the preceding calendar year.
| 3 | | (b-1) In addition to any other fines and court costs | 4 | | assessed by the courts,
any person convicted or receiving an | 5 | | order of supervision for driving under the
influence of alcohol | 6 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 7 | | circuit court. This amount, less
2 1/2% that shall be used to | 8 | | defray administrative costs incurred by the clerk,
shall be | 9 | | remitted by the clerk to the Treasurer within 60 days after | 10 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 11 | | Research Trust Fund.
This additional fee of $5 shall not
be | 12 | | considered a part of the fine for purposes of any reduction in | 13 | | the fine for
time served either before or after sentencing. Not | 14 | | later than March 1 of each
year the Circuit Clerk shall submit | 15 | | a report of the amount of funds remitted to
the State Treasurer | 16 | | under this subsection during the preceding calendar
year.
| 17 | | (c) In addition to any other fines and court costs assessed | 18 | | by the courts,
any person convicted for a violation of Sections | 19 | | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 or a person sentenced for a | 21 | | violation of the Cannabis
Control Act, the Illinois Controlled | 22 | | Substances Act, or the Methamphetamine Control and Community | 23 | | Protection Act
shall pay an additional fee of $100 to the clerk
| 24 | | of the circuit court. This amount, less
2 1/2% that shall be | 25 | | used to defray administrative costs incurred by the clerk,
| 26 | | shall be remitted by the clerk to the Treasurer within 60 days |
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| 1 | | after receipt
for deposit into the Trauma Center Fund. This | 2 | | additional fee of $100 shall not
be considered a part of the | 3 | | fine for purposes of any reduction in the fine for
time served | 4 | | either before or after sentencing. Not later than March 1 of | 5 | | each
year the Circuit Clerk shall submit a report of the amount | 6 | | of funds remitted to
the State Treasurer under this subsection | 7 | | during the preceding calendar year.
| 8 | | (c-1) In addition to any other fines and court costs | 9 | | assessed by the
courts, any person sentenced for a violation of | 10 | | the Cannabis Control Act,
the Illinois Controlled Substances | 11 | | Act, or the Methamphetamine Control and Community Protection | 12 | | Act shall pay an additional fee of $5 to the
clerk of the | 13 | | circuit court. This amount, less 2 1/2% that shall be used to
| 14 | | defray administrative costs incurred by the clerk, shall be | 15 | | remitted by the
clerk to the Treasurer within 60 days after | 16 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 17 | | Research Trust Fund. This additional fee of $5
shall not be | 18 | | considered a part of the fine for purposes of any reduction in | 19 | | the
fine for time served either before or after sentencing. Not | 20 | | later than March 1
of each year the Circuit Clerk shall submit | 21 | | a report of the amount of funds
remitted to the State Treasurer | 22 | | under this subsection during the preceding
calendar year.
| 23 | | (d) The following amounts must be remitted to the State | 24 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 25 | | (1) 50% of the amounts collected for felony offenses | 26 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
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| 1 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 2 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 3 | | of
1961 or the Criminal Code of 2012;
| 4 | | (2) 20% of the amounts collected for Class A and Class | 5 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 6 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 7 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 8 | | Code of 1961 or the Criminal Code of 2012; and
| 9 | | (3) 50% of the amounts collected for Class C | 10 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 11 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 12 | | Code of 1961 or the Criminal Code of 2012.
| 13 | | (e) Any person who receives a disposition of court | 14 | | supervision for a violation of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance shall, in addition to | 16 | | any other fines, fees, and court costs, pay an additional fee | 17 | | of $29, to be disbursed as provided in Section 16-104c of the | 18 | | Illinois Vehicle Code. In addition to the fee of $29, the | 19 | | person shall also pay a fee of $6, if not waived by the court. | 20 | | If this $6 fee is collected, $5.50 of the fee shall be | 21 | | deposited into the Circuit Court Clerk Operation and | 22 | | Administrative Fund created by the Clerk of the Circuit Court | 23 | | and 50 cents of the fee shall be deposited into the Prisoner | 24 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 25 | | (f) This Section does not apply to the additional child | 26 | | pornography fines assessed and collected under Section |
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| 1 | | 5-9-1.14 of the Unified Code of Corrections.
| 2 | | (g) (Blank). | 3 | | (h) (Blank). | 4 | | (i)
Of the amounts collected as fines under subsection (b) | 5 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 6 | | deposited into the Illinois Military Family Relief Fund and 1% | 7 | | shall be deposited into the Circuit Court Clerk Operation and | 8 | | Administrative Fund created by the Clerk of the Circuit Court | 9 | | to be used to offset the costs incurred by the Circuit Court | 10 | | Clerk in performing the additional duties required to collect | 11 | | and disburse funds to entities of State and local government as | 12 | | provided by law.
| 13 | | (j) Any person convicted of, pleading guilty to, or placed | 14 | | on supervision for a serious traffic violation, as defined in | 15 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 16 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 17 | | a similar provision of a local ordinance shall pay an | 18 | | additional fee of $35, to be disbursed as provided in Section | 19 | | 16-104d of that Code. | 20 | | This subsection (j) becomes inoperative on January 1, 2020. | 21 | | (k) For any conviction or disposition of court supervision | 22 | | for a violation of Section 11-1429 of the Illinois Vehicle | 23 | | Code, the circuit clerk shall distribute the fines paid by the | 24 | | person as specified by subsection (h) of Section 11-1429 of the | 25 | | Illinois Vehicle Code. | 26 | | (l) Any person who receives a disposition of court |
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| 1 | | supervision for a violation of Section 11-501 of the Illinois | 2 | | Vehicle Code or a similar provision of a local ordinance shall, | 3 | | in addition to any other fines, fees, and court costs, pay an | 4 | | additional fee of $50, which shall
be collected by the circuit | 5 | | clerk and then remitted to the State Treasurer for deposit into | 6 | | the Roadside Memorial Fund, a special fund in the State | 7 | | treasury. However, the court may waive the fee if full | 8 | | restitution is complied with. Subject to appropriation, all | 9 | | moneys in the Roadside Memorial Fund shall be used by the | 10 | | Department of Transportation to pay fees imposed under | 11 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 12 | | fee shall be remitted by the circuit clerk within one month | 13 | | after receipt to the State Treasurer for deposit into the | 14 | | Roadside Memorial Fund. | 15 | | (m) Of the amounts collected as fines under subsection (c) | 16 | | of Section 411.4 of the Illinois Controlled Substances Act or | 17 | | subsection (c) of Section 90 of the Methamphetamine Control and | 18 | | Community Protection Act, 99% shall be deposited to the law | 19 | | enforcement agency or fund specified and 1% shall be deposited | 20 | | into the Circuit Court Clerk Operation and Administrative Fund | 21 | | to be used to offset the costs incurred by the Circuit Court | 22 | | Clerk in performing the additional duties required to collect | 23 | | and disburse funds to entities of State and local government as | 24 | | provided by law. | 25 | | (n) In addition to any other fines and court costs assessed | 26 | | by the courts, any person who is convicted of or pleads guilty |
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| 1 | | to a violation of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012, or a similar provision of a local ordinance, or | 3 | | who is convicted of, pleads guilty to, or receives a | 4 | | disposition of court supervision for a violation of the | 5 | | Illinois Vehicle Code, or a similar provision of a local | 6 | | ordinance, shall pay an additional fee of $15 to the clerk of | 7 | | the circuit court. This additional fee of $15 shall not be | 8 | | considered a part of the fine for purposes of any reduction in | 9 | | the fine for time served either before or after sentencing. | 10 | | This amount, less 2.5% that shall be used to defray | 11 | | administrative costs incurred by the clerk, shall be remitted | 12 | | by the clerk to the State Treasurer within 60 days after | 13 | | receipt for deposit into the State Police Merit Board Public | 14 | | Safety Fund. | 15 | | (o) The amounts collected as fines under Sections 10-9, | 16 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 17 | | be collected by the circuit clerk and distributed as provided | 18 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 19 | | lieu of any disbursement under subsection (a) of this Section. | 20 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 21 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 22 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | 23 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 24 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 25 | | 98-658, and 98-1013) |
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| 1 | | Sec. 27.6. (a) All fees, fines, costs, additional | 2 | | penalties, bail balances
assessed or forfeited, and any other | 3 | | amount paid by a person to the circuit
clerk equalling an | 4 | | amount of $55 or more, except the fine imposed by Section | 5 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 6 | | required
by subsections (b) and (c), restitution under Section | 7 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 8 | | local anti-crime program ordered pursuant to Section | 9 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 10 | | Corrections, reimbursement for the costs of an emergency
| 11 | | response as provided under Section 11-501 of the Illinois | 12 | | Vehicle Code,
any fees collected for attending a traffic safety | 13 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 14 | | collected on behalf of a State's Attorney
under Section 4-2002 | 15 | | of the Counties Code or a sheriff under Section 4-5001
of the | 16 | | Counties Code, or any cost imposed under Section 124A-5 of the | 17 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 18 | | supervision, or any
other disposition for a violation of | 19 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 20 | | similar provision of a local ordinance, and any
violation of | 21 | | the Child Passenger Protection Act, or a similar provision of a
| 22 | | local ordinance, and except as otherwise provided in this | 23 | | Section
shall be disbursed
within 60 days after receipt by the | 24 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 25 | | entity authorized by law to
receive the fine imposed in the | 26 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
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| 1 | | 38.675% shall be disbursed to the county's general corporate
| 2 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 3 | | shall be deposited
by the State Treasurer into the Violent | 4 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 5 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 6 | | be deposited into the Drivers Education Fund, and 6.948/17 | 7 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 8 | | deposited into the
Trauma Center Fund from the 16.825% | 9 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 10 | | Department of Public Health and 50% shall be disbursed to
the | 11 | | Department of Healthcare and Family Services. For fiscal year | 12 | | 1993, amounts deposited into
the Violent Crime Victims | 13 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 14 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 15 | | the amounts deposited into those funds in fiscal year 1991. Any
| 16 | | amount that exceeds the 110% limit shall be distributed as | 17 | | follows: 50%
shall be disbursed to the county's general | 18 | | corporate fund and 50% shall be
disbursed to the entity | 19 | | authorized by law to receive the fine imposed in
the case. Not | 20 | | later than March 1 of each year the circuit clerk
shall submit | 21 | | a report of the amount of funds remitted to the State
Treasurer | 22 | | under this Section during the preceding year based upon
| 23 | | independent verification of fines and fees. All counties shall | 24 | | be subject
to this Section, except that counties with a | 25 | | population under 2,000,000
may, by ordinance, elect not to be | 26 | | subject to this Section. For offenses
subject to this Section, |
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| 1 | | judges shall impose one total sum of money payable
for | 2 | | violations. The circuit clerk may add on no additional amounts | 3 | | except
for amounts that are required by Sections 27.3a and | 4 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 5 | | Code, and subsection (a) of Section 5-1101 of the Counties | 6 | | Code, unless those amounts are specifically waived by the | 7 | | judge. With
respect to money collected by the circuit clerk as | 8 | | a result of
forfeiture of bail, ex parte judgment or guilty | 9 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 10 | | shall first deduct and pay amounts
required by Sections 27.3a | 11 | | and 27.3c of this Act. Unless a court ordered payment schedule | 12 | | is implemented or fee requirements are waived pursuant to court | 13 | | order, the clerk of the court may add to any unpaid fees and | 14 | | costs a delinquency amount equal to 5% of the unpaid fees that | 15 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 16 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 17 | | unpaid after 90 days. Notice to those parties may be made by | 18 | | signage posting or publication. The additional delinquency | 19 | | amounts collected under this Section shall be deposited in the | 20 | | Circuit Court Clerk Operation and Administrative Fund to be | 21 | | used to defray administrative costs incurred by the circuit | 22 | | clerk in performing the duties required to collect and disburse | 23 | | funds. This Section is a denial
and limitation of home rule | 24 | | powers and functions under subsection (h) of
Section 6 of | 25 | | Article VII of the Illinois Constitution.
| 26 | | (b) In addition to any other fines and court costs assessed |
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| 1 | | by the courts,
any person convicted or receiving an order of | 2 | | supervision for driving under
the influence of alcohol or drugs | 3 | | shall pay an additional fee of $100 to the
clerk of the circuit | 4 | | court. This amount, less 2 1/2% that shall be used to
defray | 5 | | administrative costs incurred by the clerk, shall be remitted | 6 | | by the
clerk to the Treasurer within 60 days after receipt for | 7 | | deposit into the Trauma
Center Fund. This additional fee of | 8 | | $100 shall not be considered a part of the
fine for purposes of | 9 | | any reduction in the fine for time served either before or
| 10 | | after sentencing. Not later than March 1 of each year the | 11 | | Circuit Clerk shall
submit a report of the amount of funds | 12 | | remitted to the State Treasurer under
this subsection during | 13 | | the preceding calendar year.
| 14 | | (b-1) In addition to any other fines and court costs | 15 | | assessed by the courts,
any person convicted or receiving an | 16 | | order of supervision for driving under the
influence of alcohol | 17 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 18 | | circuit court. This amount, less
2 1/2% that shall be used to | 19 | | defray administrative costs incurred by the clerk,
shall be | 20 | | remitted by the clerk to the Treasurer within 60 days after | 21 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 22 | | Research Trust Fund.
This additional fee of $5 shall not
be | 23 | | considered a part of the fine for purposes of any reduction in | 24 | | the fine for
time served either before or after sentencing. Not | 25 | | later than March 1 of each
year the Circuit Clerk shall submit | 26 | | a report of the amount of funds remitted to
the State Treasurer |
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| 1 | | under this subsection during the preceding calendar
year.
| 2 | | (c) In addition to any other fines and court costs assessed | 3 | | by the courts,
any person convicted for a violation of Sections | 4 | | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of | 5 | | 1961 or the Criminal Code of 2012 or a person sentenced for a | 6 | | violation of the Cannabis
Control Act, the Illinois Controlled | 7 | | Substances Act, or the Methamphetamine Control and Community | 8 | | Protection Act
shall pay an additional fee of $100 to the clerk
| 9 | | of the circuit court. This amount, less
2 1/2% that shall be | 10 | | used to defray administrative costs incurred by the clerk,
| 11 | | shall be remitted by the clerk to the Treasurer within 60 days | 12 | | after receipt
for deposit into the Trauma Center Fund. This | 13 | | additional fee of $100 shall not
be considered a part of the | 14 | | fine for purposes of any reduction in the fine for
time served | 15 | | either before or after sentencing. Not later than March 1 of | 16 | | each
year the Circuit Clerk shall submit a report of the amount | 17 | | of funds remitted to
the State Treasurer under this subsection | 18 | | during the preceding calendar year.
| 19 | | (c-1) In addition to any other fines and court costs | 20 | | assessed by the
courts, any person sentenced for a violation of | 21 | | the Cannabis Control Act,
the Illinois Controlled Substances | 22 | | Act, or the Methamphetamine Control and Community Protection | 23 | | Act shall pay an additional fee of $5 to the
clerk of the | 24 | | circuit court. This amount, less 2 1/2% that shall be used to
| 25 | | defray administrative costs incurred by the clerk, shall be | 26 | | remitted by the
clerk to the Treasurer within 60 days after |
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| 1 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 2 | | Research Trust Fund. This additional fee of $5
shall not be | 3 | | considered a part of the fine for purposes of any reduction in | 4 | | the
fine for time served either before or after sentencing. Not | 5 | | later than March 1
of each year the Circuit Clerk shall submit | 6 | | a report of the amount of funds
remitted to the State Treasurer | 7 | | under this subsection during the preceding
calendar year.
| 8 | | (d) The following amounts must be remitted to the State | 9 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 10 | | (1) 50% of the amounts collected for felony offenses | 11 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 12 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 13 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 14 | | of
1961 or the Criminal Code of 2012;
| 15 | | (2) 20% of the amounts collected for Class A and Class | 16 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 17 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 18 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 19 | | Code of 1961 or the Criminal Code of 2012; and
| 20 | | (3) 50% of the amounts collected for Class C | 21 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 22 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 23 | | Code of 1961 or the Criminal Code of 2012.
| 24 | | (e) Any person who receives a disposition of court | 25 | | supervision for a violation of the Illinois Vehicle Code or a | 26 | | similar provision of a local ordinance shall, in addition to |
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| 1 | | any other fines, fees, and court costs, pay an additional fee | 2 | | of $29, to be disbursed as provided in Section 16-104c of the | 3 | | Illinois Vehicle Code. In addition to the fee of $29, the | 4 | | person shall also pay a fee of $6, if not waived by the court. | 5 | | If this $6 fee is collected, $5.50 of the fee shall be | 6 | | deposited into the Circuit Court Clerk Operation and | 7 | | Administrative Fund created by the Clerk of the Circuit Court | 8 | | and 50 cents of the fee shall be deposited into the Prisoner | 9 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 10 | | (f) This Section does not apply to the additional child | 11 | | pornography fines assessed and collected under Section | 12 | | 5-9-1.14 of the Unified Code of Corrections.
| 13 | | (g) Any person convicted of or pleading guilty to a serious | 14 | | traffic violation, as defined in Section 1-187.001 of the | 15 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 16 | | be disbursed as provided in Section 16-104d of that Code. This | 17 | | subsection (g) becomes inoperative on January 1, 2020. | 18 | | (h) In all counties having a population of 3,000,000 or | 19 | | more inhabitants, | 20 | | (1) A person who is found guilty of or pleads guilty to | 21 | | violating subsection (a) of Section 11-501 of the Illinois | 22 | | Vehicle Code, including any person placed on court | 23 | | supervision for violating subsection (a), shall be fined | 24 | | $750 as provided for by subsection (f) of Section 11-501.01 | 25 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 26 | | who shall distribute the money pursuant to subsection (f) |
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| 1 | | of Section 11-501.01 of the Illinois Vehicle Code. | 2 | | (2) When a crime laboratory DUI analysis fee of $150, | 3 | | provided for by Section 5-9-1.9 of the Unified Code of | 4 | | Corrections is assessed, it shall be disbursed by the | 5 | | circuit clerk as provided by subsection (f) of Section | 6 | | 5-9-1.9 of the Unified Code of Corrections. | 7 | | (3) When a fine for a violation of Section 11-605.1 of | 8 | | the Illinois Vehicle Code is $250 or greater, the person | 9 | | who violated that Section shall be charged an additional | 10 | | $125 as provided for by subsection (e) of Section 11-605.1 | 11 | | of the Illinois Vehicle Code, which shall be disbursed by | 12 | | the circuit clerk to a State or county Transportation | 13 | | Safety Highway Hire-back Fund as provided by subsection (e) | 14 | | of Section 11-605.1 of the Illinois Vehicle Code. | 15 | | (4) When a fine for a violation of subsection (a) of | 16 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 17 | | greater, the additional $50 which is charged as provided | 18 | | for by subsection (f) of Section 11-605 of the Illinois | 19 | | Vehicle Code shall be disbursed by the circuit clerk to a | 20 | | school district or districts for school safety purposes as | 21 | | provided by subsection (f) of Section 11-605. | 22 | | (5) When a fine for a violation of subsection (a) of | 23 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 24 | | greater, the additional $50 which is charged as provided | 25 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 26 | | Vehicle Code shall be disbursed by the circuit clerk to a |
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| 1 | | school district or districts for school safety purposes as | 2 | | provided by subsection (c) of Section 11-1002.5 of the | 3 | | Illinois Vehicle Code. | 4 | | (6) When a mandatory drug court fee of up to $5 is | 5 | | assessed as provided in subsection (f) of Section 5-1101 of | 6 | | the Counties Code, it shall be disbursed by the circuit | 7 | | clerk as provided in subsection (f) of Section 5-1101 of | 8 | | the Counties Code. | 9 | | (7) When a mandatory teen court, peer jury, youth | 10 | | court, or other youth diversion program fee is assessed as | 11 | | provided in subsection (e) of Section 5-1101 of the | 12 | | Counties Code, it shall be disbursed by the circuit clerk | 13 | | as provided in subsection (e) of Section 5-1101 of the | 14 | | Counties Code. | 15 | | (8) When a Children's Advocacy Center fee is assessed | 16 | | pursuant to subsection (f-5) of Section 5-1101 of the | 17 | | Counties Code, it shall be disbursed by the circuit clerk | 18 | | as provided in subsection (f-5) of Section 5-1101 of the | 19 | | Counties Code. | 20 | | (9) When a victim impact panel fee is assessed pursuant | 21 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 22 | | it shall be disbursed by the circuit clerk to the victim | 23 | | impact panel to be attended by the defendant. | 24 | | (10) When a new fee collected in traffic cases is | 25 | | enacted after the effective date of this subsection (h), it | 26 | | shall be excluded from the percentage disbursement |
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| 1 | | provisions of this Section unless otherwise indicated by | 2 | | law. | 3 | | (i)
Of the amounts collected as fines under subsection (b) | 4 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 5 | | deposited into the Illinois Military Family Relief Fund and 1% | 6 | | shall be deposited into the Circuit Court Clerk Operation and | 7 | | Administrative Fund created by the Clerk of the Circuit Court | 8 | | to be used to offset the costs incurred by the Circuit Court | 9 | | Clerk in performing the additional duties required to collect | 10 | | and disburse funds to entities of State and local government as | 11 | | provided by law.
| 12 | | (j) (Blank). | 13 | | (k) For any conviction or disposition of court supervision | 14 | | for a violation of Section 11-1429 of the Illinois Vehicle | 15 | | Code, the circuit clerk shall distribute the fines paid by the | 16 | | person as specified by subsection (h) of Section 11-1429 of the | 17 | | Illinois Vehicle Code. | 18 | | (l) Any person who receives a disposition of court | 19 | | supervision for a violation of Section 11-501 of the Illinois | 20 | | Vehicle Code or a similar provision of a local ordinance shall, | 21 | | in addition to any other fines, fees, and court costs, pay an | 22 | | additional fee of $50, which shall
be collected by the circuit | 23 | | clerk and then remitted to the State Treasurer for deposit into | 24 | | the Roadside Memorial Fund, a special fund in the State | 25 | | treasury. However, the court may waive the fee if full | 26 | | restitution is complied with. Subject to appropriation, all |
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| 1 | | moneys in the Roadside Memorial Fund shall be used by the | 2 | | Department of Transportation to pay fees imposed under | 3 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 4 | | fee shall be remitted by the circuit clerk within one month | 5 | | after receipt to the State Treasurer for deposit into the | 6 | | Roadside Memorial Fund. | 7 | | (m) Of the amounts collected as fines under subsection (c) | 8 | | of Section 411.4 of the Illinois Controlled Substances Act or | 9 | | subsection (c) of Section 90 of the Methamphetamine Control and | 10 | | Community Protection Act, 99% shall be deposited to the law | 11 | | enforcement agency or fund specified and 1% shall be deposited | 12 | | into the Circuit Court Clerk Operation and Administrative Fund | 13 | | to be used to offset the costs incurred by the Circuit Court | 14 | | Clerk in performing the additional duties required to collect | 15 | | and disburse funds to entities of State and local government as | 16 | | provided by law. | 17 | | (n) In addition to any other fines and court costs assessed | 18 | | by the courts, any person who is convicted of or pleads guilty | 19 | | to a violation of the Criminal Code of 1961 or the Criminal | 20 | | Code of 2012, or a similar provision of a local ordinance, or | 21 | | who is convicted of, pleads guilty to, or receives a | 22 | | disposition of court supervision for a violation of the | 23 | | Illinois Vehicle Code, or a similar provision of a local | 24 | | ordinance, shall pay an additional fee of $15 to the clerk of | 25 | | the circuit court. This additional fee of $15 shall not be | 26 | | considered a part of the fine for purposes of any reduction in |
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| 1 | | the fine for time served either before or after sentencing. | 2 | | This amount, less 2.5% that shall be used to defray | 3 | | administrative costs incurred by the clerk, shall be remitted | 4 | | by the clerk to the State Treasurer within 60 days after | 5 | | receipt for deposit into the State Police Merit Board Public | 6 | | Safety Fund. | 7 | | (o) The amounts collected as fines under Sections 10-9, | 8 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 9 | | be collected by the circuit clerk and distributed as provided | 10 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 11 | | lieu of any disbursement under subsection (a) of this Section. | 12 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 13 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 14 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | 15 | | Section 20. The Criminal Code of 2012 is amended by | 16 | | changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding | 17 | | Section 24-1.1-5 as follows:
| 18 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 19 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 20 | | felons Use or Possession of Weapons by Felons or
Persons in the | 21 | | Custody of the
Department of Corrections Facilities . | 22 | | (a) It is unlawful
for a person to knowingly possess on or | 23 | | about his person or on his land or
in his own abode or fixed | 24 | | place of business any weapon prohibited under
Section 24-1 of |
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| 1 | | this Act or any firearm or any firearm ammunition if the
person | 2 | | has been convicted of a felony under the laws of this State or | 3 | | any
other jurisdiction. This Section shall not apply if the | 4 | | person has been
granted relief by the Director of the | 5 | | Department of State Police
under Section 10 of the Firearm | 6 | | Owners Identification
Card Act.
| 7 | | (b) (Blank). It is unlawful for any person confined in a | 8 | | penal institution,
which is a facility of the Illinois | 9 | | Department of Corrections, to possess
any weapon prohibited | 10 | | under Section 24-1 of this Code or any firearm or
firearm | 11 | | ammunition, regardless of the intent with which he possesses | 12 | | it.
| 13 | | (c) (Blank). It shall be an affirmative defense to a | 14 | | violation of subsection (b), that such possession was | 15 | | specifically authorized by rule,
regulation, or directive of | 16 | | the Illinois Department of Corrections or order
issued pursuant | 17 | | thereto.
| 18 | | (d) (Blank). The defense of necessity is not available to a | 19 | | person who is charged
with a violation of subsection (b) of | 20 | | this Section.
| 21 | | (e) Sentence. | 22 | | (1) Violation of this Section is by a person not | 23 | | confined
in a penal institution shall be a Class 3 felony
| 24 | | for which the person shall be sentenced to no less than 3 2 | 25 | | years and no
more than 10 years and any second or | 26 | | subsequent violation shall be a Class 2 felony for which |
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| 1 | | the person shall be sentenced to a term of imprisonment of | 2 | | not less than 3 years and not more than 14 years . | 3 | | (2) Violation of this Section is a Class 2 felony for | 4 | | which the person shall be sentenced to not less than 3 | 5 | | years and not more than 14 years if the conviction was | 6 | | entered less than 10 years prior to the commission of the | 7 | | instant offense, excluding any time the defendant was in | 8 | | custody, on probation, conditional discharge, or mandatory | 9 | | supervised release. | 10 | | (3) Violation of this Section by a person not confined | 11 | | in a
penal institution who has been convicted of a second | 12 | | or subsequent offense under this Section, a forcible | 13 | | felony, a felony
violation of Article 24 of this Code or of | 14 | | the Firearm Owners Identification
Card Act, stalking or | 15 | | aggravated stalking, or a Class 2 or greater felony
under | 16 | | the Illinois Controlled Substances Act, the Cannabis | 17 | | Control Act, or the Methamphetamine Control and Community | 18 | | Protection Act is a
Class 2 felony for which the person
| 19 | | shall be sentenced to not less than 4 3 years and not more | 20 | | than 14 years.
| 21 | | (4) Violation of this Section by a person who is on | 22 | | parole or mandatory supervised
release is a Class 2 felony | 23 | | for which the person shall be sentenced to not less than 4 | 24 | | 3 years and not more than 14
years. | 25 | | (5) Violation of this Section by a person not confined | 26 | | in a penal
institution is a Class X felony when the firearm |
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| 1 | | possessed is a machine gun.
Any person who violates this | 2 | | Section while confined in a penal
institution, which is a | 3 | | facility of the Illinois Department of
Corrections, is | 4 | | guilty of a Class 1
felony, if he possesses any weapon | 5 | | prohibited under Section 24-1 of this
Code regardless of | 6 | | the intent with which he possesses it, a Class X
felony if | 7 | | he possesses any firearm, firearm ammunition or explosive, | 8 | | and a
Class X felony for which the offender shall be | 9 | | sentenced to not less than 12
years and not more than 50 | 10 | | years when the firearm possessed is a machine
gun. | 11 | | (6) A violation of this Section while wearing or in | 12 | | possession of body armor as defined in Section 33F-1 is a | 13 | | Class X felony punishable by a term of imprisonment of not | 14 | | less than 10 years and not more than 40 years.
| 15 | | (7) A sentence of county impact incarceration under | 16 | | Section 5-8-1.2 of the Unified Code of Corrections is not | 17 | | authorized for a violation of this Section. | 18 | | (8) The possession of each firearm or firearm | 19 | | ammunition in violation of this Section constitutes a | 20 | | single and separate violation.
| 21 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 22 | | (720 ILCS 5/24-1.1-5 new) | 23 | | Sec. 24-1.1-5. Unlawful use or possession of weapons by | 24 | | persons in the custody of the Department of Corrections | 25 | | facilities. |
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| 1 | | (a) It is unlawful for any person confined in a penal | 2 | | institution, which is a facility of the Illinois Department of | 3 | | Corrections, to possess any weapon prohibited under Section | 4 | | 24-1 of this Code or any firearm or firearm ammunition, | 5 | | regardless of the intent with which he or she possesses it. | 6 | | (b) It is an affirmative defense to a violation of this | 7 | | Section that the possession was specifically authorized by | 8 | | rule, regulation, or directive of the Illinois Department of | 9 | | Corrections or order issued under that rule, regulation, or | 10 | | directive. | 11 | | (c) The defense of necessity is not available to a person | 12 | | who is charged with a violation of this Section. | 13 | | (d) Sentence. | 14 | | (1) Any person who violates this Section is guilty of a | 15 | | Class 1 felony, if he or she possesses any weapon prohibited | 16 | | under Section 24-1 of this Code, a Class X felony if he or she | 17 | | possesses any firearm, firearm ammunition, or explosive, and a | 18 | | Class X felony for which the offender shall be sentenced to not | 19 | | less than 12 years and not more than 50 years when the firearm | 20 | | possessed is a machine gun. | 21 | | (2) A violation of this Section while wearing or in | 22 | | possession of body armor as defined in Section 33F-1 is a Class | 23 | | X felony punishable by a term of imprisonment of not less than | 24 | | 10 years and not more than 40 years. | 25 | | (3) The possession of each firearm or firearm ammunition in | 26 | | violation of this Section constitutes a single and separate |
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| 1 | | violation. | 2 | | (4) A sentence of county impact incarceration under Section | 3 | | 5-8-1.2 of the Unified Code of Corrections is not authorized | 4 | | for a violation of this Section. | 5 | | (720 ILCS 5/24-1.6) | 6 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 7 | | (a) A person commits the offense of aggravated unlawful use | 8 | | of a weapon when
he or she knowingly: | 9 | | (1) Carries on or about his or her person or in any | 10 | | vehicle or concealed
on or about his or her person except | 11 | | when on his or her land or in his or her
abode, legal | 12 | | dwelling, or fixed place of business, or on the land or in | 13 | | the legal dwelling of another person as an invitee with | 14 | | that person's permission, any pistol, revolver, stun gun or | 15 | | taser or
other firearm; or | 16 | | (2) Carries or possesses on or about his or her person, | 17 | | upon any public
street, alley, or other public lands within | 18 | | the corporate limits of a city,
village or incorporated | 19 | | town, except when an invitee thereon or therein, for
the | 20 | | purpose of the display of such weapon or the lawful | 21 | | commerce in weapons, or
except when on his or her own land | 22 | | or in his or her own abode, legal dwelling, or fixed place | 23 | | of
business, or on the land or in the legal dwelling of | 24 | | another person as an invitee with that person's permission, | 25 | | any pistol, revolver, stun gun or taser or other firearm; |
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| 1 | | and | 2 | | (3) One of the following factors is present: | 3 | | (A) the firearm, other than a pistol, revolver, or | 4 | | handgun, possessed was uncased, loaded, and | 5 | | immediately accessible
at the time of the offense; or | 6 | | (A-5) the pistol, revolver, or handgun possessed | 7 | | was uncased, loaded, and immediately accessible
at the | 8 | | time of the offense and the person possessing the | 9 | | pistol, revolver, or handgun has not been issued a | 10 | | currently valid license under the Firearm Concealed | 11 | | Carry Act; or | 12 | | (B) the firearm, other than a pistol, revolver, or | 13 | | handgun, possessed was uncased, unloaded, and the | 14 | | ammunition for
the weapon was immediately accessible | 15 | | at the time of the offense; or | 16 | | (B-5) the pistol, revolver, or handgun possessed | 17 | | was uncased, unloaded, and the ammunition for
the | 18 | | weapon was immediately accessible at the time of the | 19 | | offense and the person possessing the pistol, | 20 | | revolver, or handgun has not been issued a currently | 21 | | valid license under the Firearm Concealed Carry Act; or | 22 | | (C) the person possessing the firearm has not been | 23 | | issued a currently
valid Firearm Owner's | 24 | | Identification Card; or | 25 | | (D) the person possessing the weapon was | 26 | | previously adjudicated
a delinquent minor under the |
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| 1 | | Juvenile Court Act of 1987 for an act that if
committed | 2 | | by an adult would be a felony; or | 3 | | (E) the person possessing the weapon was engaged in | 4 | | a misdemeanor
violation of the Cannabis
Control Act, in | 5 | | a misdemeanor violation of the Illinois Controlled | 6 | | Substances
Act, or in a misdemeanor violation of the | 7 | | Methamphetamine Control and Community Protection Act; | 8 | | or | 9 | | (F) (blank); or | 10 | | (G) the person possessing the weapon had a order of | 11 | | protection issued
against him or her within the | 12 | | previous 2 years; or | 13 | | (H) the person possessing the weapon was engaged in | 14 | | the commission or
attempted commission of
a | 15 | | misdemeanor involving the use or threat of violence | 16 | | against
the person or property of another; or | 17 | | (I) the person possessing the weapon was under 21 | 18 | | years of age and in
possession of a handgun, unless the | 19 | | person under 21
is engaged in lawful activities under | 20 | | the Wildlife Code or described in
subsection | 21 | | 24-2(b)(1), (b)(3), or 24-2(f). | 22 | | (a-5) "Handgun" as used in this Section has the meaning | 23 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 24 | | (b) "Stun gun or taser" as used in this Section has the | 25 | | same definition
given to it in Section 24-1 of this Code. | 26 | | (c) This Section does not apply to or affect the |
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| 1 | | transportation or
possession
of weapons that: | 2 | | (i) are broken down in a non-functioning state; or | 3 | | (ii) are not immediately accessible; or | 4 | | (iii) are unloaded and enclosed in a case, firearm | 5 | | carrying box,
shipping box, or other container by a person | 6 | | who has been issued a currently
valid Firearm Owner's
| 7 | | Identification Card. | 8 | | (d) Sentence. | 9 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 10 | | felony;
a second or subsequent offense is a Class 2 felony | 11 | | for which the person shall be sentenced to a term of | 12 | | imprisonment of not less than 4 3 years and not more than | 13 | | 10 7 years. | 14 | | (2) Except as otherwise provided in paragraphs (3) and | 15 | | (4) of this subsection (d), a first offense of aggravated | 16 | | unlawful use of a weapon committed with a firearm by a | 17 | | person 18 years of age or older where the factors listed in | 18 | | both items (A) and (C) or both items (A-5) and (C) of | 19 | | paragraph (3) of subsection (a) are present is a Class 4 | 20 | | felony, for which the person shall be sentenced to a term | 21 | | of imprisonment of not less than one year and not more than | 22 | | 3 years. | 23 | | (3) Aggravated unlawful use of
a weapon by a person who | 24 | | has been previously
convicted of a felony offense is a | 25 | | Class 3 felony for which the person shall be sentenced to a | 26 | | term of not less than 3 years and not more than 10 years, |
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| 1 | | unless the conviction was entered less than 10 years prior | 2 | | to the commission of the instant offense, excluding any | 3 | | time the defendant was in custody, on probation, | 4 | | conditional discharge, or supervised release, in which | 5 | | case it is a Class 2 felony for which the person shall be | 6 | | sentenced to a term of not less than 4 years and not more | 7 | | than 10 years. in this State or another jurisdiction is a | 8 | | Class 2
felony for which the person shall be sentenced to a | 9 | | term of imprisonment of not less than 3 years and not more | 10 | | than 7 years. | 11 | | (4) Aggravated unlawful use of a weapon while wearing | 12 | | or in possession of body armor as defined in Section 33F-1 | 13 | | by a person who has not been issued a valid Firearms | 14 | | Owner's Identification Card in accordance with Section 5 of | 15 | | the Firearm Owners Identification Card Act is a Class X | 16 | | felony.
| 17 | | (5) A sentence of county impact incarceration under | 18 | | Section 5-8-1.2 of the Unified Code of Corrections is not | 19 | | authorized for a violation of this Section. | 20 | | (e) The possession of each firearm in violation of this | 21 | | Section constitutes a single and separate violation. | 22 | | (Source: P.A. 98-63, eff. 7-9-13.) | 23 | | (720 ILCS 5/24-1.8) | 24 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 25 | | gang member. |
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| 1 | | (a) A person
commits unlawful possession of a firearm by a | 2 | | street gang member when he or she knowingly: | 3 | | (1) possesses, carries, or conceals on or about his or | 4 | | her person a firearm and firearm ammunition while on any | 5 | | street, road, alley, gangway, sidewalk, or any other lands, | 6 | | except when inside his or her own abode or inside his or | 7 | | her fixed place of business, and has not been issued a | 8 | | currently valid Firearm Owner's Identification Card and is | 9 | | a member of a street gang; or | 10 | | (2) possesses or carries in any vehicle a firearm and | 11 | | firearm ammunition which are both immediately accessible | 12 | | at the time of the offense while on any street, road, | 13 | | alley, or any other lands, except when inside his or her | 14 | | own abode or garage, and has not been issued a currently | 15 | | valid Firearm Owner's Identification Card and is a member | 16 | | of a street gang. | 17 | | (b) Unlawful possession of a firearm by a street gang | 18 | | member is a Class 2 felony for which the person , if sentenced | 19 | | to a term of imprisonment, shall be sentenced to no less than 4 | 20 | | 3 years and no more than 10 years. A sentence of county impact | 21 | | incarceration under Section 5-8-1.2 of the Unified Code of | 22 | | Corrections is not authorized for a violation of this Section. | 23 | | A period of probation, a term of periodic imprisonment or | 24 | | conditional discharge shall not be imposed for the offense of | 25 | | unlawful possession of a firearm by a street gang member when | 26 | | the firearm was loaded or contained firearm ammunition and the |
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| 1 | | court shall sentence the offender to not less than the minimum | 2 | | term of imprisonment authorized for the Class 2 felony. | 3 | | (c) For purposes of this Section: | 4 | | "Street gang" or "gang" has the meaning ascribed to it | 5 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 6 | | Prevention Act. | 7 | | "Street gang member" or "gang member" has the meaning | 8 | | ascribed to it in Section 10 of the Illinois Streetgang | 9 | | Terrorism Omnibus Prevention Act.
| 10 | | (Source: P.A. 96-829, eff. 12-3-09.)
| 11 | | Section 25. The Unified Code of Corrections is amended by | 12 | | changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:
| 13 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 14 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 15 | | (a) (1) The Department of Corrections shall prescribe | 16 | | rules
and regulations for awarding and revoking sentence | 17 | | credit for persons committed to the Department which shall
| 18 | | be subject to review by the Prisoner Review Board.
| 19 | | (1.5) As otherwise provided by law, sentence credit may | 20 | | be awarded for the following: | 21 | | (A) successful completion of programming while in | 22 | | custody of the Department or while in custody prior to | 23 | | sentencing; | 24 | | (B) compliance with the rules and regulations of |
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| 1 | | the Department; or | 2 | | (C) service to the institution, service to a | 3 | | community, or service to the State. | 4 | | (2) The rules and regulations on sentence credit shall | 5 | | provide, with
respect to offenses listed in clause (i), | 6 | | (ii), or (iii) of this paragraph (2) committed on or after | 7 | | June 19, 1998 or with respect to the offense listed in | 8 | | clause (iv) of this paragraph (2) committed on or after | 9 | | June 23, 2005 (the effective date of Public Act 94-71) or | 10 | | with
respect to offense listed in clause (vi)
committed on | 11 | | or after June 1, 2008 (the effective date of Public Act | 12 | | 95-625)
or with respect to the offense of being an armed | 13 | | habitual criminal committed on or after August 2, 2005 (the | 14 | | effective date of Public Act 94-398) or with respect to the | 15 | | offenses listed in clause (v) of this paragraph (2) | 16 | | committed on or after August 13, 2007 (the effective date | 17 | | of Public Act 95-134) or with respect to the offense of | 18 | | aggravated domestic battery committed on or after July 23, | 19 | | 2010 (the effective date of Public Act 96-1224) or with | 20 | | respect to the offense of attempt to commit terrorism | 21 | | committed on or after January 1, 2013 (the effective date | 22 | | of Public Act 97-990), or with respect to the offenses | 23 | | listed in clause (viii) of this paragraph (2) committed on | 24 | | or after the effective date of this amendatory Act of the | 25 | | 99th General Assembly, the following:
| 26 | | (i) that a prisoner who is serving a term of |
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| 1 | | imprisonment for first
degree murder or for the offense | 2 | | of terrorism shall receive no sentence
credit and shall | 3 | | serve the entire
sentence imposed by the court;
| 4 | | (ii) that a prisoner serving a sentence for attempt | 5 | | to commit terrorism, attempt to commit first
degree | 6 | | murder, solicitation of murder, solicitation of murder | 7 | | for hire,
intentional homicide of an unborn child, | 8 | | predatory criminal sexual assault of a
child, | 9 | | aggravated criminal sexual assault, criminal sexual | 10 | | assault, aggravated
kidnapping, aggravated battery | 11 | | with a firearm as described in Section 12-4.2 or | 12 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 13 | | Section 12-3.05, heinous battery as described in | 14 | | Section 12-4.1 or subdivision (a)(2) of Section | 15 | | 12-3.05, being an armed habitual criminal, aggravated
| 16 | | battery of a senior citizen as described in Section | 17 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 18 | | aggravated battery of a child as described in Section | 19 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 20 | | receive no
more than 4.5 days of sentence credit for | 21 | | each month of his or her sentence
of imprisonment;
| 22 | | (iii) that a prisoner serving a sentence
for home | 23 | | invasion, armed robbery, aggravated vehicular | 24 | | hijacking,
aggravated discharge of a firearm, or armed | 25 | | violence with a category I weapon
or category II | 26 | | weapon, when the court
has made and entered a finding, |
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| 1 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 2 | | Code, that the conduct leading to conviction for the | 3 | | enumerated offense
resulted in great bodily harm to a | 4 | | victim, shall receive no more than 4.5 days
of sentence | 5 | | credit for each month of his or her sentence of | 6 | | imprisonment;
| 7 | | (iv) that a prisoner serving a sentence for | 8 | | aggravated discharge of a firearm, whether or not the | 9 | | conduct leading to conviction for the offense resulted | 10 | | in great bodily harm to the victim, shall receive no | 11 | | more than 4.5 days of sentence credit for each month of | 12 | | his or her sentence of imprisonment;
| 13 | | (v) that a person serving a sentence for | 14 | | gunrunning, narcotics racketeering, controlled | 15 | | substance trafficking, methamphetamine trafficking, | 16 | | drug-induced homicide, aggravated | 17 | | methamphetamine-related child endangerment, money | 18 | | laundering pursuant to clause (c) (4) or (5) of Section | 19 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 20 | | of 2012, or a Class X felony conviction for delivery of | 21 | | a controlled substance, possession of a controlled | 22 | | substance with intent to manufacture or deliver, | 23 | | calculated criminal drug conspiracy, criminal drug | 24 | | conspiracy, street gang criminal drug conspiracy, | 25 | | participation in methamphetamine manufacturing, | 26 | | aggravated participation in methamphetamine |
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| 1 | | manufacturing, delivery of methamphetamine, possession | 2 | | with intent to deliver methamphetamine, aggravated | 3 | | delivery of methamphetamine, aggravated possession | 4 | | with intent to deliver methamphetamine, | 5 | | methamphetamine conspiracy when the substance | 6 | | containing the controlled substance or methamphetamine | 7 | | is 100 grams or more shall receive no more than 7.5 | 8 | | days sentence credit for each month of his or her | 9 | | sentence of imprisonment;
| 10 | | (vi)
that a prisoner serving a sentence for a | 11 | | second or subsequent offense of luring a minor shall | 12 | | receive no more than 4.5 days of sentence credit for | 13 | | each month of his or her sentence of imprisonment; and
| 14 | | (vii) that a prisoner serving a sentence for | 15 | | aggravated domestic battery shall receive no more than | 16 | | 4.5 days of sentence credit for each month of his or | 17 | | her sentence of imprisonment ; and | 18 | | (viii) that a prisoner serving a sentence for a | 19 | | violation under Section 24-1.8; paragraphs (2), (3), | 20 | | (4), (5) or (6) of subsection (e) under Section 24-1.1; | 21 | | or, a Class 2 or greater felony under Section 24-1.6 of | 22 | | the Criminal Code of 2012 shall receive no more than | 23 | | 4.5 days of sentence credit for each month of his or | 24 | | her sentence of imprisonment, unless the prisoner | 25 | | receives a court order under paragraph (2.05) of this | 26 | | subsection (a) authorizing the Department to issue up |
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| 1 | | to a maximum of 180 days of additional sentence credit | 2 | | towards the prisoner's sentence . | 3 | | (2.05) Notwithstanding clause (viii) of paragraph (2) | 4 | | of this subsection (a), if a person is convicted for a | 5 | | violation under Section 24-1.8, paragraphs (2), (3), (4), | 6 | | (5) or (6) of subsection (e) of Section 24-1.1, or a Class | 7 | | 2 or greater felony under Section 24-1.6 of the Criminal | 8 | | Code of 2012, at the person's sentencing hearing, after | 9 | | considering all of the evidence in aggravation and | 10 | | mitigation, the court may enter an order for judicially | 11 | | authorized sentence credit to the Department permitting | 12 | | the issuance of sentence credit for each day that the | 13 | | person is actually personally engaged full-time and is | 14 | | attending one of the substance abuse programs, vocational | 15 | | programs, correctional industry assignments, educational | 16 | | programs, high school equivalency test programs, behavior | 17 | | modification programs, life skills courses, or other | 18 | | re-entry planning provided by the Department. The | 19 | | Department may issue sentence credit up to a maximum of 180 | 20 | | days under the order, and this sentence credit is | 21 | | contingent upon the person's successful completion of the | 22 | | program under the standards provided by the Department. The | 23 | | court may enter the order if the person establishes by a | 24 | | preponderance of the evidence that the interest of justice | 25 | | is served by permitting the person enrollment in | 26 | | correctional programming. In making its determination the |
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| 1 | | court shall consider the following factors: | 2 | | (A) the person was not the leader, manager, or | 3 | | supervisor of others in the criminal conduct for which | 4 | | the person was convicted; | 5 | | (B) permitting sentence credit would serve the | 6 | | goals of the person's rehabilitation and reentry into | 7 | | society; and | 8 | | (C) permitting sentence credit is in the interests | 9 | | of public safety. | 10 | | The sentencing judge shall specify on the record the | 11 | | particular information, factors in aggravation or | 12 | | mitigation, or other reasons that led to his or her | 13 | | determination under this paragraph (2.05). | 14 | | (2.1) For all offenses, other than those enumerated in | 15 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 16 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 17 | | after June 23, 2005 (the effective date of Public Act | 18 | | 94-71) or subdivision (a)(2)(v) committed on or after | 19 | | August 13, 2007 (the effective date of Public Act 95-134)
| 20 | | or subdivision (a)(2)(vi) committed on or after June 1, | 21 | | 2008 (the effective date of Public Act 95-625) or | 22 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 23 | | (the effective date of Public Act 96-1224), and other than | 24 | | the offense of aggravated driving under the influence of | 25 | | alcohol, other drug or drugs, or
intoxicating compound or | 26 | | compounds, or any combination thereof as defined in
|
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| 1 | | subparagraph (F) of paragraph (1) of subsection (d) of | 2 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 3 | | the offense of aggravated driving under the influence of | 4 | | alcohol,
other drug or drugs, or intoxicating compound or | 5 | | compounds, or any combination
thereof as defined in | 6 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 7 | | Section 11-501 of the Illinois Vehicle Code committed on or | 8 | | after January 1, 2011 (the effective date of Public Act | 9 | | 96-1230),
the rules and regulations shall
provide that a | 10 | | prisoner who is serving a term of
imprisonment shall | 11 | | receive one day of sentence credit for each day of
his or | 12 | | her sentence of imprisonment or recommitment under Section | 13 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 14 | | the prisoner's period
of imprisonment or recommitment | 15 | | under Section 3-3-9.
| 16 | | (2.2) A prisoner serving a term of natural life | 17 | | imprisonment or a
prisoner who has been sentenced to death | 18 | | shall receive no sentence
credit.
| 19 | | (2.3) The rules and regulations on sentence credit | 20 | | shall provide that
a prisoner who is serving a sentence for | 21 | | aggravated driving under the influence of alcohol,
other | 22 | | drug or drugs, or intoxicating compound or compounds, or | 23 | | any combination
thereof as defined in subparagraph (F) of | 24 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 25 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 26 | | of sentence credit for each month of his or her sentence of
|
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| 1 | | imprisonment.
| 2 | | (2.4) The rules and regulations on sentence credit | 3 | | shall provide with
respect to the offenses of aggravated | 4 | | battery with a machine gun or a firearm
equipped with any | 5 | | device or attachment designed or used for silencing the
| 6 | | report of a firearm or aggravated discharge of a machine | 7 | | gun or a firearm
equipped with any device or attachment | 8 | | designed or used for silencing the
report of a firearm, | 9 | | committed on or after
July 15, 1999 (the effective date of | 10 | | Public Act 91-121),
that a prisoner serving a sentence for | 11 | | any of these offenses shall receive no
more than 4.5 days | 12 | | of sentence credit for each month of his or her sentence
of | 13 | | imprisonment.
| 14 | | (2.5) The rules and regulations on sentence credit | 15 | | shall provide that a
prisoner who is serving a sentence for | 16 | | aggravated arson committed on or after
July 27, 2001 (the | 17 | | effective date of Public Act 92-176) shall receive no more | 18 | | than
4.5 days of sentence credit for each month of his or | 19 | | her sentence of
imprisonment.
| 20 | | (2.6) The rules and regulations on sentence credit | 21 | | shall provide that a
prisoner who is serving a sentence for | 22 | | aggravated driving under the influence of alcohol,
other | 23 | | drug or drugs, or intoxicating compound or compounds or any | 24 | | combination
thereof as defined in subparagraph (C) of | 25 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 26 | | Illinois Vehicle Code committed on or after January 1, 2011 |
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| 1 | | (the effective date of Public Act 96-1230) shall receive no | 2 | | more than 4.5
days of sentence credit for each month of his | 3 | | or her sentence of
imprisonment. | 4 | | (3) The rules and regulations shall also provide that
| 5 | | the Director may award up to 180 days additional sentence
| 6 | | credit for good conduct in specific instances as the
| 7 | | Director deems proper. The good conduct may include, but is | 8 | | not limited to, compliance with the rules and regulations | 9 | | of the Department, service to the Department, service to a | 10 | | community, or service to the State. However, the Director | 11 | | shall not award more than 90 days
of sentence credit for | 12 | | good conduct to any prisoner who is serving a sentence for
| 13 | | conviction of first degree murder, reckless homicide while | 14 | | under the
influence of alcohol or any other drug,
or | 15 | | aggravated driving under the influence of alcohol, other | 16 | | drug or drugs, or
intoxicating compound or compounds, or | 17 | | any combination thereof as defined in
subparagraph (F) of | 18 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 19 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 20 | | predatory criminal sexual assault of a child,
aggravated | 21 | | criminal sexual assault, criminal sexual assault, deviate | 22 | | sexual
assault, aggravated criminal sexual abuse, | 23 | | aggravated indecent liberties
with a child, indecent | 24 | | liberties with a child, child pornography, heinous
battery | 25 | | as described in Section 12-4.1 or subdivision (a)(2) of | 26 | | Section 12-3.05, aggravated battery of a spouse, |
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| 1 | | aggravated battery of a spouse
with a firearm, stalking, | 2 | | aggravated stalking, aggravated battery of a child as | 3 | | described in Section 12-4.3 or subdivision (b)(1) of | 4 | | Section 12-3.05,
endangering the life or health of a child, | 5 | | or cruelty to a child. Notwithstanding the foregoing, | 6 | | sentence credit for
good conduct shall not be awarded on a
| 7 | | sentence of imprisonment imposed for conviction of: (i) one | 8 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 9 | | or (iii) when the offense is committed on or after
June 19, | 10 | | 1998 or subdivision (a)(2)(iv) when the offense is | 11 | | committed on or after June 23, 2005 (the effective date of | 12 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 13 | | is committed on or after August 13, 2007 (the effective | 14 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 15 | | the offense is committed on or after June 1, 2008 (the | 16 | | effective date of Public Act 95-625) or subdivision | 17 | | (a)(2)(vii) when the offense is committed on or after July | 18 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 19 | | aggravated driving under the influence of alcohol, other | 20 | | drug or drugs, or
intoxicating compound or compounds, or | 21 | | any combination thereof as defined in
subparagraph (F) of | 22 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 23 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 24 | | in subdivision
(a)(2.4) when the offense is committed on or | 25 | | after
July 15, 1999 (the effective date of Public Act | 26 | | 91-121),
(iv) aggravated arson when the offense is |
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| 1 | | committed
on or after July 27, 2001 (the effective date of | 2 | | Public Act 92-176), (v) offenses that may subject the | 3 | | offender to commitment under the Sexually Violent Persons | 4 | | Commitment Act, or (vi) aggravated driving under the | 5 | | influence of alcohol,
other drug or drugs, or intoxicating | 6 | | compound or compounds or any combination
thereof as defined | 7 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 8 | | Section 11-501 of the Illinois Vehicle Code committed on or | 9 | | after January 1, 2011 (the effective date of Public Act | 10 | | 96-1230).
| 11 | | Eligible inmates for an award of sentence credit under
this | 12 | | paragraph (3) may be selected to receive the credit at
the | 13 | | Director's or his or her designee's sole discretion.
| 14 | | Consideration may be based on, but not limited to, any
| 15 | | available risk assessment analysis on the inmate, any history | 16 | | of conviction for violent crimes as defined by the Rights of | 17 | | Crime Victims and Witnesses Act, facts and circumstances of the | 18 | | inmate's holding offense or offenses, and the potential for | 19 | | rehabilitation. | 20 | | The Director shall not award sentence credit under this | 21 | | paragraph (3) to an inmate unless the inmate has served a | 22 | | minimum of 60 days of the sentence; except nothing in this | 23 | | paragraph shall be construed to permit the Director to extend | 24 | | an inmate's sentence beyond that which was imposed by the | 25 | | court. Prior to awarding credit under this paragraph (3), the | 26 | | Director shall make a written determination that the inmate: |
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| 1 | | (A) is eligible for the sentence credit; | 2 | | (B) has served a minimum of 60 days, or as close to | 3 | | 60 days as the sentence will allow; and | 4 | | (C) has met the eligibility criteria established | 5 | | by rule. | 6 | | The Director shall determine the form and content of | 7 | | the written determination required in this subsection. | 8 | | (3.5) The Department shall provide annual written | 9 | | reports to the Governor and the General Assembly on the | 10 | | award of sentence credit for good conduct, with the first | 11 | | report due January 1, 2014. The Department must publish | 12 | | both reports on its website within 48 hours of transmitting | 13 | | the reports to the Governor and the General Assembly. The | 14 | | reports must include: | 15 | | (A) the number of inmates awarded sentence credit | 16 | | for good conduct; | 17 | | (B) the average amount of sentence credit for good | 18 | | conduct awarded; | 19 | | (C) the holding offenses of inmates awarded | 20 | | sentence credit for good conduct; and | 21 | | (D) the number of sentence credit for good conduct | 22 | | revocations. | 23 | | (4) The rules and regulations shall also provide that | 24 | | the sentence
credit accumulated and retained under | 25 | | paragraph (2.1) of subsection (a) of
this Section by any | 26 | | inmate during specific periods of time in which such
inmate |
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| 1 | | is engaged full-time in substance abuse programs, | 2 | | correctional
industry assignments, educational programs, | 3 | | behavior modification programs, life skills courses, or | 4 | | re-entry planning provided by the Department
under this | 5 | | paragraph (4) and satisfactorily completes the assigned | 6 | | program as
determined by the standards of the Department, | 7 | | shall be multiplied by a factor
of 1.25 for program | 8 | | participation before August 11, 1993
and 1.50 for program | 9 | | participation on or after that date.
The rules and | 10 | | regulations shall also provide that sentence credit, | 11 | | subject to the same offense limits and multiplier provided | 12 | | in this paragraph, may be provided to an inmate who was | 13 | | held in pre-trial detention prior to his or her current | 14 | | commitment to the Department of Corrections and | 15 | | successfully completed a full-time, 60-day or longer | 16 | | substance abuse program, educational program, behavior | 17 | | modification program, life skills course, or re-entry | 18 | | planning provided by the county department of corrections | 19 | | or county jail. Calculation of this county program credit | 20 | | shall be done at sentencing as provided in Section | 21 | | 5-4.5-100 of this Code and shall be included in the | 22 | | sentencing order. However, no inmate shall be eligible for | 23 | | the additional sentence credit
under this paragraph (4) or | 24 | | (4.1) of this subsection (a) while assigned to a boot camp
| 25 | | or electronic detention, or if convicted of an offense | 26 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this |
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| 1 | | Section that is committed on or after June 19,
1998 or | 2 | | subdivision (a)(2)(iv) of this Section that is committed on | 3 | | or after June 23, 2005 (the effective date of Public Act | 4 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 5 | | committed on or after August 13, 2007 (the effective date | 6 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 7 | | offense is committed on or after June 1, 2008 (the | 8 | | effective date of Public Act 95-625) or subdivision | 9 | | (a)(2)(vii) when the offense is committed on or after July | 10 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 11 | | convicted of aggravated driving under the influence of | 12 | | alcohol, other drug or drugs, or
intoxicating compound or | 13 | | compounds or any combination thereof as defined in
| 14 | | subparagraph (F) of paragraph (1) of subsection (d) of | 15 | | Section 11-501 of the
Illinois Vehicle Code, or if | 16 | | convicted of aggravated driving under the influence of | 17 | | alcohol,
other drug or drugs, or intoxicating compound or | 18 | | compounds or any combination
thereof as defined in | 19 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 20 | | Section 11-501 of the Illinois Vehicle Code committed on or | 21 | | after January 1, 2011 (the effective date of Public Act | 22 | | 96-1230), or if convicted of an offense enumerated in | 23 | | paragraph
(a)(2.4) of this Section that is committed on or | 24 | | after
July 15, 1999 (the effective date of Public Act | 25 | | 91-121),
or first degree murder, a Class X felony, criminal | 26 | | sexual
assault, felony criminal sexual abuse, aggravated |
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| 1 | | criminal sexual abuse,
aggravated battery with a firearm as | 2 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 3 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 4 | | successor offenses
with the same or substantially the same | 5 | | elements, or any inchoate offenses
relating to the | 6 | | foregoing offenses. No inmate shall be eligible for the
| 7 | | additional good conduct credit under this paragraph (4) who | 8 | | (i) has previously
received increased good conduct credit | 9 | | under this paragraph (4) and has
subsequently been | 10 | | convicted of a
felony, or (ii) has previously served more | 11 | | than one prior sentence of
imprisonment for a felony in an | 12 | | adult correctional facility.
| 13 | | Educational, vocational, substance abuse, behavior | 14 | | modification programs, life skills courses, re-entry | 15 | | planning, and correctional
industry programs under which | 16 | | sentence credit may be increased under
this paragraph (4) | 17 | | and paragraph (4.1) of this subsection (a) shall be | 18 | | evaluated by the Department on the basis of
documented | 19 | | standards. The Department shall report the results of these
| 20 | | evaluations to the Governor and the General Assembly by | 21 | | September 30th of each
year. The reports shall include data | 22 | | relating to the recidivism rate among
program | 23 | | participants.
| 24 | | Availability of these programs shall be subject to the
| 25 | | limits of fiscal resources appropriated by the General | 26 | | Assembly for these
purposes. Eligible inmates who are |
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| 1 | | denied immediate admission shall be
placed on a waiting | 2 | | list under criteria established by the Department.
The | 3 | | inability of any inmate to become engaged in any such | 4 | | programs
by reason of insufficient program resources or for | 5 | | any other reason
established under the rules and | 6 | | regulations of the Department shall not be
deemed a cause | 7 | | of action under which the Department or any employee or
| 8 | | agent of the Department shall be liable for damages to the | 9 | | inmate.
| 10 | | (4.1) The rules and regulations shall also provide that | 11 | | an additional 60 days of sentence credit shall be awarded | 12 | | to any prisoner who passes high school equivalency testing | 13 | | while the prisoner is committed to the Department of | 14 | | Corrections. The sentence credit awarded under this | 15 | | paragraph (4.1) shall be in addition to, and shall not | 16 | | affect, the award of sentence credit under any other | 17 | | paragraph of this Section, but shall also be pursuant to | 18 | | the guidelines and restrictions set forth in paragraph (4) | 19 | | of subsection (a) of this Section.
The sentence credit | 20 | | provided for in this paragraph shall be available only to | 21 | | those prisoners who have not previously earned a high | 22 | | school diploma or a high school equivalency certificate. | 23 | | If, after an award of the high school equivalency testing | 24 | | sentence credit has been made, the Department determines | 25 | | that the prisoner was not eligible, then the award shall be | 26 | | revoked.
The Department may also award 60 days of sentence |
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| 1 | | credit to any committed person who passed high school | 2 | | equivalency testing while he or she was held in pre-trial | 3 | | detention prior to the current commitment to the Department | 4 | | of Corrections. | 5 | | (4.5) The rules and regulations on sentence credit | 6 | | shall also provide that
when the court's sentencing order | 7 | | recommends a prisoner for substance abuse treatment and the
| 8 | | crime was committed on or after September 1, 2003 (the | 9 | | effective date of
Public Act 93-354), the prisoner shall | 10 | | receive no sentence credit awarded under clause (3) of this | 11 | | subsection (a) unless he or she participates in and
| 12 | | completes a substance abuse treatment program. The | 13 | | Director may waive the requirement to participate in or | 14 | | complete a substance abuse treatment program and award the | 15 | | sentence credit in specific instances if the prisoner is | 16 | | not a good candidate for a substance abuse treatment | 17 | | program for medical, programming, or operational reasons. | 18 | | Availability of
substance abuse treatment shall be subject | 19 | | to the limits of fiscal resources
appropriated by the | 20 | | General Assembly for these purposes. If treatment is not
| 21 | | available and the requirement to participate and complete | 22 | | the treatment has not been waived by the Director, the | 23 | | prisoner shall be placed on a waiting list under criteria
| 24 | | established by the Department. The Director may allow a | 25 | | prisoner placed on
a waiting list to participate in and | 26 | | complete a substance abuse education class or attend |
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| 1 | | substance
abuse self-help meetings in lieu of a substance | 2 | | abuse treatment program. A prisoner on a waiting list who | 3 | | is not placed in a substance abuse program prior to release | 4 | | may be eligible for a waiver and receive sentence credit | 5 | | under clause (3) of this subsection (a) at the discretion | 6 | | of the Director.
| 7 | | (4.6) The rules and regulations on sentence credit | 8 | | shall also provide that a prisoner who has been convicted | 9 | | of a sex offense as defined in Section 2 of the Sex | 10 | | Offender Registration Act shall receive no sentence credit | 11 | | unless he or she either has successfully completed or is | 12 | | participating in sex offender treatment as defined by the | 13 | | Sex Offender Management Board. However, prisoners who are | 14 | | waiting to receive treatment, but who are unable to do so | 15 | | due solely to the lack of resources on the part of the | 16 | | Department, may, at the Director's sole discretion, be | 17 | | awarded sentence credit at a rate as the Director shall | 18 | | determine. | 19 | | (5) Whenever the Department is to release any inmate | 20 | | earlier than it
otherwise would because of a grant of | 21 | | sentence credit for good conduct under paragraph (3) of | 22 | | subsection (a) of this Section given at any time during the | 23 | | term, the Department shall give
reasonable notice of the | 24 | | impending release not less than 14 days prior to the date | 25 | | of the release to the State's
Attorney of the county where | 26 | | the prosecution of the inmate took place, and if |
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| 1 | | applicable, the State's Attorney of the county into which | 2 | | the inmate will be released. The Department must also make | 3 | | identification information and a recent photo of the inmate | 4 | | being released accessible on the Internet by means of a | 5 | | hyperlink labeled "Community Notification of Inmate Early | 6 | | Release" on the Department's World Wide Web homepage.
The | 7 | | identification information shall include the inmate's: | 8 | | name, any known alias, date of birth, physical | 9 | | characteristics, residence address, commitment offense and | 10 | | county where conviction was imposed. The identification | 11 | | information shall be placed on the website within 3 days of | 12 | | the inmate's release and the information may not be removed | 13 | | until either: completion of the first year of mandatory | 14 | | supervised release or return of the inmate to custody of | 15 | | the Department.
| 16 | | (b) Whenever a person is or has been committed under
| 17 | | several convictions, with separate sentences, the sentences
| 18 | | shall be construed under Section 5-8-4 in granting and
| 19 | | forfeiting of sentence credit.
| 20 | | (c) The Department shall prescribe rules and regulations
| 21 | | for revoking sentence credit, including revoking sentence | 22 | | credit awarded for good conduct under paragraph (3) of | 23 | | subsection (a) of this Section. The Department shall prescribe | 24 | | rules and regulations for suspending or reducing
the rate of | 25 | | accumulation of sentence credit for specific
rule violations, | 26 | | during imprisonment. These rules and regulations
shall provide |
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| 1 | | that no inmate may be penalized more than one
year of sentence | 2 | | credit for any one infraction.
| 3 | | When the Department seeks to revoke, suspend or reduce
the | 4 | | rate of accumulation of any sentence credits for
an alleged | 5 | | infraction of its rules, it shall bring charges
therefor | 6 | | against the prisoner sought to be so deprived of
sentence | 7 | | credits before the Prisoner Review Board as
provided in | 8 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 9 | | amount of credit at issue exceeds 30 days or
when during any 12 | 10 | | month period, the cumulative amount of
credit revoked exceeds | 11 | | 30 days except where the infraction is committed
or discovered | 12 | | within 60 days of scheduled release. In those cases,
the | 13 | | Department of Corrections may revoke up to 30 days of sentence | 14 | | credit.
The Board may subsequently approve the revocation of | 15 | | additional sentence credit, if the Department seeks to revoke | 16 | | sentence credit in
excess of 30 days. However, the Board shall | 17 | | not be empowered to review the
Department's decision with | 18 | | respect to the loss of 30 days of sentence
credit within any | 19 | | calendar year for any prisoner or to increase any penalty
| 20 | | beyond the length requested by the Department.
| 21 | | The Director of the Department of Corrections, in | 22 | | appropriate cases, may
restore up to 30 days of sentence | 23 | | credits which have been revoked, suspended
or reduced. Any | 24 | | restoration of sentence credits in excess of 30 days shall
be | 25 | | subject to review by the Prisoner Review Board. However, the | 26 | | Board may not
restore sentence credit in excess of the amount |
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| 1 | | requested by the Director.
| 2 | | Nothing contained in this Section shall prohibit the | 3 | | Prisoner Review Board
from ordering, pursuant to Section | 4 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 5 | | sentence imposed by the court that was not served due to the
| 6 | | accumulation of sentence credit.
| 7 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 8 | | federal court
against the State, the Department of Corrections, | 9 | | or the Prisoner Review Board,
or against any of
their officers | 10 | | or employees, and the court makes a specific finding that a
| 11 | | pleading, motion, or other paper filed by the prisoner is | 12 | | frivolous, the
Department of Corrections shall conduct a | 13 | | hearing to revoke up to
180 days of sentence credit by bringing | 14 | | charges against the prisoner
sought to be deprived of the | 15 | | sentence credits before the Prisoner Review
Board as provided | 16 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 17 | | prisoner has not accumulated 180 days of sentence credit at the
| 18 | | time of the finding, then the Prisoner Review Board may revoke | 19 | | all
sentence credit accumulated by the prisoner.
| 20 | | For purposes of this subsection (d):
| 21 | | (1) "Frivolous" means that a pleading, motion, or other | 22 | | filing which
purports to be a legal document filed by a | 23 | | prisoner in his or her lawsuit meets
any or all of the | 24 | | following criteria:
| 25 | | (A) it lacks an arguable basis either in law or in | 26 | | fact;
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| 1 | | (B) it is being presented for any improper purpose, | 2 | | such as to harass or
to cause unnecessary delay or | 3 | | needless increase in the cost of litigation;
| 4 | | (C) the claims, defenses, and other legal | 5 | | contentions therein are not
warranted by existing law | 6 | | or by a nonfrivolous argument for the extension,
| 7 | | modification, or reversal of existing law or the | 8 | | establishment of new law;
| 9 | | (D) the allegations and other factual contentions | 10 | | do not have
evidentiary
support or, if specifically so | 11 | | identified, are not likely to have evidentiary
support | 12 | | after a reasonable opportunity for further | 13 | | investigation or discovery;
or
| 14 | | (E) the denials of factual contentions are not | 15 | | warranted on the
evidence, or if specifically so | 16 | | identified, are not reasonably based on a lack
of | 17 | | information or belief.
| 18 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 19 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 20 | | action under
Article X of the Code of Civil Procedure or | 21 | | under federal law (28 U.S.C. 2254),
a petition for claim | 22 | | under the Court of Claims Act, an action under the
federal | 23 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 24 | | subsequent petition for post-conviction relief under | 25 | | Article 122 of the Code of Criminal Procedure of 1963 | 26 | | whether filed with or without leave of court or a second or |
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| 1 | | subsequent petition for relief from judgment under Section | 2 | | 2-1401 of the Code of Civil Procedure.
| 3 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 4 | | validity of Public Act 89-404.
| 5 | | (f) Whenever the Department is to release any inmate who | 6 | | has been convicted of a violation of an order of protection | 7 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, earlier than it
otherwise would | 9 | | because of a grant of sentence credit, the Department, as a | 10 | | condition of release, shall require that the person, upon | 11 | | release, be placed under electronic surveillance as provided in | 12 | | Section 5-8A-7 of this Code. | 13 | | (Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; | 14 | | 97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | 15 | | 1-1-15 .)
| 16 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 17 | | Sec. 5-5-3. Disposition.
| 18 | | (a) (Blank).
| 19 | | (b) (Blank).
| 20 | | (c) (1) (Blank).
| 21 | | (2) A period of probation, a term of periodic imprisonment | 22 | | or
conditional discharge shall not be imposed for the following | 23 | | offenses.
The court shall sentence the offender to not less | 24 | | than the minimum term
of imprisonment set forth in this Code | 25 | | for the following offenses, and
may order a fine or restitution |
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| 1 | | or both in conjunction with such term of
imprisonment:
| 2 | | (A) First degree murder where the death penalty is not | 3 | | imposed.
| 4 | | (B) Attempted first degree murder.
| 5 | | (C) A Class X felony.
| 6 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 7 | | Controlled Substances Act, or a violation of subdivision | 8 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | 9 | | to more than 5 grams of a substance
containing cocaine, | 10 | | fentanyl, or an analog thereof.
| 11 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 12 | | of the Illinois Controlled Substances Act which relates to | 13 | | 3 or more grams of a substance
containing heroin or an | 14 | | analog thereof. | 15 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 16 | | Control
Act.
| 17 | | (F) A Class 2 or greater felony if the offender had | 18 | | been convicted
of a Class 2 or greater felony, including | 19 | | any state or federal conviction for an offense that | 20 | | contained, at the time it was committed, the same elements | 21 | | as an offense now (the date of the offense committed after | 22 | | the prior Class 2 or greater felony) classified as a Class | 23 | | 2 or greater felony, within 10 years of the date on which | 24 | | the
offender
committed the offense for which he or she is | 25 | | being sentenced, except as
otherwise provided in Section | 26 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
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| 1 | | Act.
| 2 | | (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, or | 3 | | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 for which imprisonment is prescribed | 5 | | in those Sections. | 6 | | (G) Residential burglary, except as otherwise provided | 7 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and | 8 | | Dependency Act.
| 9 | | (H) Criminal sexual assault.
| 10 | | (I) Aggravated battery of a senior citizen as described | 11 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 12 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 13 | | (J) A forcible felony if the offense was related to the | 14 | | activities of an
organized gang.
| 15 | | Before July 1, 1994, for the purposes of this | 16 | | paragraph, "organized
gang" means an association of 5 or | 17 | | more persons, with an established hierarchy,
that | 18 | | encourages members of the association to perpetrate crimes | 19 | | or provides
support to the members of the association who | 20 | | do commit crimes.
| 21 | | Beginning July 1, 1994, for the purposes of this | 22 | | paragraph,
"organized gang" has the meaning ascribed to it | 23 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 24 | | Prevention Act.
| 25 | | (K) Vehicular hijacking.
| 26 | | (L) A second or subsequent conviction for the offense |
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| 1 | | of hate crime
when the underlying offense upon which the | 2 | | hate crime is based is felony
aggravated
assault or felony | 3 | | mob action.
| 4 | | (M) A second or subsequent conviction for the offense | 5 | | of institutional
vandalism if the damage to the property | 6 | | exceeds $300.
| 7 | | (N) A Class 3 felony violation of paragraph (1) of | 8 | | subsection (a) of
Section 2 of the Firearm Owners | 9 | | Identification Card Act.
| 10 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 12 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 13 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012.
| 15 | | (Q) A violation of subsection (b) or (b-5) of Section | 16 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 17 | | Code of
1961 or the Criminal Code of 2012.
| 18 | | (R) A violation of Section 24-3A of the Criminal Code | 19 | | of
1961 or the Criminal Code of 2012.
| 20 | | (S) (Blank).
| 21 | | (T) A second or subsequent violation of the | 22 | | Methamphetamine Control and Community Protection Act.
| 23 | | (U) A second or subsequent violation of Section 6-303 | 24 | | of the Illinois Vehicle Code committed while his or her | 25 | | driver's license, permit, or privilege was revoked because | 26 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012, relating to the offense of | 2 | | reckless homicide, or a similar provision of a law of | 3 | | another state.
| 4 | | (V)
A violation of paragraph (4) of subsection (c) of | 5 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 6 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 7 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 8 | | Code of 2012 when the victim is under 13 years of age and | 9 | | the defendant has previously been convicted under the laws | 10 | | of this State or any other state of the offense of child | 11 | | pornography, aggravated child pornography, aggravated | 12 | | criminal sexual abuse, aggravated criminal sexual assault, | 13 | | predatory criminal sexual assault of a child, or any of the | 14 | | offenses formerly known as rape, deviate sexual assault, | 15 | | indecent liberties with a child, or aggravated indecent | 16 | | liberties with a child where the victim was under the age | 17 | | of 18 years or an offense that is substantially equivalent | 18 | | to those offenses. | 19 | | (W) A violation of Section 24-3.5 of the Criminal Code | 20 | | of 1961 or the Criminal Code of 2012.
| 21 | | (X) A violation of subsection (a) of Section 31-1a of | 22 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 23 | | (Y) A conviction for unlawful possession of a firearm | 24 | | by a street gang member when the firearm was loaded or | 25 | | contained firearm ammunition. | 26 | | (Z) A Class 1 felony committed while he or she was |
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| 1 | | serving a term of probation or conditional discharge for a | 2 | | felony. | 3 | | (AA) Theft of property exceeding $500,000 and not | 4 | | exceeding $1,000,000 in value. | 5 | | (BB) Laundering of criminally derived property of a | 6 | | value exceeding
$500,000. | 7 | | (CC) Knowingly selling, offering for sale, holding for | 8 | | sale, or using 2,000 or more counterfeit items or | 9 | | counterfeit items having a retail value in the aggregate of | 10 | | $500,000 or more. | 11 | | (DD) A conviction for aggravated assault under | 12 | | paragraph (6) of subsection (c) of Section 12-2 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 14 | | firearm is aimed toward the person against whom the firearm | 15 | | is being used. | 16 | | (3) (Blank).
| 17 | | (4) A minimum term of imprisonment of not less than 10
| 18 | | consecutive days or 30 days of community service shall be | 19 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 20 | | the Illinois Vehicle Code.
| 21 | | (4.1) (Blank).
| 22 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 23 | | this subsection (c), a
minimum of
100 hours of community | 24 | | service shall be imposed for a second violation of
Section | 25 | | 6-303
of the Illinois Vehicle Code.
| 26 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
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| 1 | | hours of community
service, as determined by the court, shall
| 2 | | be imposed for a second violation of subsection (c) of Section | 3 | | 6-303 of the
Illinois Vehicle Code.
| 4 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 5 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 6 | | 30 days or 300 hours of community service, as
determined by the | 7 | | court, shall
be imposed
for a third or subsequent violation of | 8 | | Section 6-303 of the Illinois Vehicle
Code.
| 9 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 10 | | imposed for a third violation of subsection (c) of
Section | 11 | | 6-303 of the Illinois Vehicle Code.
| 12 | | (4.6) Except as provided in paragraph (4.10) of this | 13 | | subsection (c), a minimum term of imprisonment of 180 days | 14 | | shall be imposed for a
fourth or subsequent violation of | 15 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 16 | | (4.7) A minimum term of imprisonment of not less than 30 | 17 | | consecutive days, or 300 hours of community service, shall be | 18 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 19 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 20 | | that Section.
| 21 | | (4.8) A mandatory prison sentence shall be imposed for a | 22 | | second violation of subsection (a-5) of Section 6-303 of the | 23 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 24 | | Section. The person's driving privileges shall be revoked for a | 25 | | period of not less than 5 years from the date of his or her | 26 | | release from prison.
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| 1 | | (4.9) A mandatory prison sentence of not less than 4 and | 2 | | not more than 15 years shall be imposed for a third violation | 3 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 4 | | Code, as provided in subsection (d-2.5) of that Section. The | 5 | | person's driving privileges shall be revoked for the remainder | 6 | | of his or her life.
| 7 | | (4.10) A mandatory prison sentence for a Class 1 felony | 8 | | shall be imposed, and the person shall be eligible for an | 9 | | extended term sentence, for a fourth or subsequent violation of | 10 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 11 | | as provided in subsection (d-3.5) of that Section. The person's | 12 | | driving privileges shall be revoked for the remainder of his or | 13 | | her life.
| 14 | | (5) The court may sentence a corporation or unincorporated
| 15 | | association convicted of any offense to:
| 16 | | (A) a period of conditional discharge;
| 17 | | (B) a fine;
| 18 | | (C) make restitution to the victim under Section 5-5-6 | 19 | | of this Code.
| 20 | | (5.1) In addition to any other penalties imposed, and | 21 | | except as provided in paragraph (5.2) or (5.3), a person
| 22 | | convicted of violating subsection (c) of Section 11-907 of the | 23 | | Illinois
Vehicle Code shall have his or her driver's license, | 24 | | permit, or privileges
suspended for at least 90 days but not | 25 | | more than one year, if the violation
resulted in damage to the | 26 | | property of another person.
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| 1 | | (5.2) In addition to any other penalties imposed, and | 2 | | except as provided in paragraph (5.3), a person convicted
of | 3 | | violating subsection (c) of Section 11-907 of the Illinois | 4 | | Vehicle Code
shall have his or her driver's license, permit, or | 5 | | privileges suspended for at
least 180 days but not more than 2 | 6 | | years, if the violation resulted in injury
to
another person.
| 7 | | (5.3) In addition to any other penalties imposed, a person | 8 | | convicted of violating subsection (c) of Section
11-907 of the | 9 | | Illinois Vehicle Code shall have his or her driver's license,
| 10 | | permit, or privileges suspended for 2 years, if the violation | 11 | | resulted in the
death of another person.
| 12 | | (5.4) In addition to any other penalties imposed, a person | 13 | | convicted of violating Section 3-707 of the Illinois Vehicle | 14 | | Code shall have his or her driver's license, permit, or | 15 | | privileges suspended for 3 months and until he or she has paid | 16 | | a reinstatement fee of $100. | 17 | | (5.5) In addition to any other penalties imposed, a person | 18 | | convicted of violating Section 3-707 of the Illinois Vehicle | 19 | | Code during a period in which his or her driver's license, | 20 | | permit, or privileges were suspended for a previous violation | 21 | | of that Section shall have his or her driver's license, permit, | 22 | | or privileges suspended for an additional 6 months after the | 23 | | expiration of the original 3-month suspension and until he or | 24 | | she has paid a reinstatement fee of $100.
| 25 | | (6) (Blank).
| 26 | | (7) (Blank).
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| 1 | | (8) (Blank).
| 2 | | (9) A defendant convicted of a second or subsequent offense | 3 | | of ritualized
abuse of a child may be sentenced to a term of | 4 | | natural life imprisonment.
| 5 | | (10) (Blank).
| 6 | | (11) The court shall impose a minimum fine of $1,000 for a | 7 | | first offense
and $2,000 for a second or subsequent offense | 8 | | upon a person convicted of or
placed on supervision for battery | 9 | | when the individual harmed was a sports
official or coach at | 10 | | any level of competition and the act causing harm to the
sports
| 11 | | official or coach occurred within an athletic facility or | 12 | | within the immediate vicinity
of the athletic facility at which | 13 | | the sports official or coach was an active
participant
of the | 14 | | athletic contest held at the athletic facility. For the | 15 | | purposes of
this paragraph (11), "sports official" means a | 16 | | person at an athletic contest
who enforces the rules of the | 17 | | contest, such as an umpire or referee; "athletic facility" | 18 | | means an indoor or outdoor playing field or recreational area | 19 | | where sports activities are conducted;
and "coach" means a | 20 | | person recognized as a coach by the sanctioning
authority that | 21 | | conducted the sporting event. | 22 | | (12) A person may not receive a disposition of court | 23 | | supervision for a
violation of Section 5-16 of the Boat | 24 | | Registration and Safety Act if that
person has previously | 25 | | received a disposition of court supervision for a
violation of | 26 | | that Section.
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| 1 | | (13) A person convicted of or placed on court supervision | 2 | | for an assault or aggravated assault when the victim and the | 3 | | offender are family or household members as defined in Section | 4 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 5 | | of domestic battery or aggravated domestic battery may be | 6 | | required to attend a Partner Abuse Intervention Program under | 7 | | protocols set forth by the Illinois Department of Human | 8 | | Services under such terms and conditions imposed by the court. | 9 | | The costs of such classes shall be paid by the offender.
| 10 | | (d) In any case in which a sentence originally imposed is | 11 | | vacated,
the case shall be remanded to the trial court. The | 12 | | trial court shall
hold a hearing under Section 5-4-1 of the | 13 | | Unified Code of Corrections
which may include evidence of the | 14 | | defendant's life, moral character and
occupation during the | 15 | | time since the original sentence was passed. The
trial court | 16 | | shall then impose sentence upon the defendant. The trial
court | 17 | | may impose any sentence which could have been imposed at the
| 18 | | original trial subject to Section 5-5-4 of the Unified Code of | 19 | | Corrections.
If a sentence is vacated on appeal or on | 20 | | collateral attack due to the
failure of the trier of fact at | 21 | | trial to determine beyond a reasonable doubt
the
existence of a | 22 | | fact (other than a prior conviction) necessary to increase the
| 23 | | punishment for the offense beyond the statutory maximum | 24 | | otherwise applicable,
either the defendant may be re-sentenced | 25 | | to a term within the range otherwise
provided or, if the State | 26 | | files notice of its intention to again seek the
extended |
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| 1 | | sentence, the defendant shall be afforded a new trial.
| 2 | | (e) In cases where prosecution for
aggravated criminal | 3 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 4 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 5 | | of a defendant
who was a family member of the victim at the | 6 | | time of the commission of the
offense, the court shall consider | 7 | | the safety and welfare of the victim and
may impose a sentence | 8 | | of probation only where:
| 9 | | (1) the court finds (A) or (B) or both are appropriate:
| 10 | | (A) the defendant is willing to undergo a court | 11 | | approved counseling
program for a minimum duration of 2 | 12 | | years; or
| 13 | | (B) the defendant is willing to participate in a | 14 | | court approved plan
including but not limited to the | 15 | | defendant's:
| 16 | | (i) removal from the household;
| 17 | | (ii) restricted contact with the victim;
| 18 | | (iii) continued financial support of the | 19 | | family;
| 20 | | (iv) restitution for harm done to the victim; | 21 | | and
| 22 | | (v) compliance with any other measures that | 23 | | the court may
deem appropriate; and
| 24 | | (2) the court orders the defendant to pay for the | 25 | | victim's counseling
services, to the extent that the court | 26 | | finds, after considering the
defendant's income and |
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| 1 | | assets, that the defendant is financially capable of
paying | 2 | | for such services, if the victim was under 18 years of age | 3 | | at the
time the offense was committed and requires | 4 | | counseling as a result of the
offense.
| 5 | | Probation may be revoked or modified pursuant to Section | 6 | | 5-6-4; except
where the court determines at the hearing that | 7 | | the defendant violated a
condition of his or her probation | 8 | | restricting contact with the victim or
other family members or | 9 | | commits another offense with the victim or other
family | 10 | | members, the court shall revoke the defendant's probation and
| 11 | | impose a term of imprisonment.
| 12 | | For the purposes of this Section, "family member" and | 13 | | "victim" shall have
the meanings ascribed to them in Section | 14 | | 11-0.1 of the Criminal Code of
2012.
| 15 | | (f) (Blank).
| 16 | | (g) Whenever a defendant is convicted of an offense under | 17 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 18 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 19 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 20 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 21 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012,
the defendant shall undergo medical | 23 | | testing to
determine whether the defendant has any sexually | 24 | | transmissible disease,
including a test for infection with | 25 | | human immunodeficiency virus (HIV) or
any other identified | 26 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
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| 1 | | Any such medical test shall be performed only by appropriately
| 2 | | licensed medical practitioners and may include an analysis of | 3 | | any bodily
fluids as well as an examination of the defendant's | 4 | | person.
Except as otherwise provided by law, the results of | 5 | | such test shall be kept
strictly confidential by all medical | 6 | | personnel involved in the testing and must
be personally | 7 | | delivered in a sealed envelope to the judge of the court in | 8 | | which
the conviction was entered for the judge's inspection in | 9 | | camera. Acting in
accordance with the best interests of the | 10 | | victim and the public, the judge
shall have the discretion to | 11 | | determine to whom, if anyone, the results of the
testing may be | 12 | | revealed. The court shall notify the defendant
of the test | 13 | | results. The court shall
also notify the victim if requested by | 14 | | the victim, and if the victim is under
the age of 15 and if | 15 | | requested by the victim's parents or legal guardian, the
court | 16 | | shall notify the victim's parents or legal guardian of the test
| 17 | | results.
The court shall provide information on the | 18 | | availability of HIV testing
and counseling at Department of | 19 | | Public Health facilities to all parties to
whom the results of | 20 | | the testing are revealed and shall direct the State's
Attorney | 21 | | to provide the information to the victim when possible.
A | 22 | | State's Attorney may petition the court to obtain the results | 23 | | of any HIV test
administered under this Section, and the court | 24 | | shall grant the disclosure if
the State's Attorney shows it is | 25 | | relevant in order to prosecute a charge of
criminal | 26 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 2 | | defendant. The court shall order that the cost of any such test
| 3 | | shall be paid by the county and may be taxed as costs against | 4 | | the convicted
defendant.
| 5 | | (g-5) When an inmate is tested for an airborne communicable | 6 | | disease, as
determined by the Illinois Department of Public | 7 | | Health including but not
limited to tuberculosis, the results | 8 | | of the test shall be
personally delivered by the warden or his | 9 | | or her designee in a sealed envelope
to the judge of the court | 10 | | in which the inmate must appear for the judge's
inspection in | 11 | | camera if requested by the judge. Acting in accordance with the
| 12 | | best interests of those in the courtroom, the judge shall have | 13 | | the discretion
to determine what if any precautions need to be | 14 | | taken to prevent transmission
of the disease in the courtroom.
| 15 | | (h) Whenever a defendant is convicted of an offense under | 16 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 17 | | defendant shall undergo
medical testing to determine whether | 18 | | the defendant has been exposed to human
immunodeficiency virus | 19 | | (HIV) or any other identified causative agent of
acquired | 20 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 21 | | by
law, the results of such test shall be kept strictly | 22 | | confidential by all
medical personnel involved in the testing | 23 | | and must be personally delivered in a
sealed envelope to the | 24 | | judge of the court in which the conviction was entered
for the | 25 | | judge's inspection in camera. Acting in accordance with the | 26 | | best
interests of the public, the judge shall have the |
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| 1 | | discretion to determine to
whom, if anyone, the results of the | 2 | | testing may be revealed. The court shall
notify the defendant | 3 | | of a positive test showing an infection with the human
| 4 | | immunodeficiency virus (HIV). The court shall provide | 5 | | information on the
availability of HIV testing and counseling | 6 | | at Department of Public Health
facilities to all parties to | 7 | | whom the results of the testing are revealed and
shall direct | 8 | | the State's Attorney to provide the information to the victim | 9 | | when
possible. A State's Attorney may petition the court to | 10 | | obtain the results of
any HIV test administered under this | 11 | | Section, and the court shall grant the
disclosure if the | 12 | | State's Attorney shows it is relevant in order to prosecute a
| 13 | | charge of criminal transmission of HIV under Section 12-5.01 or | 14 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 15 | | 2012 against the defendant. The court shall order that the cost | 16 | | of any
such test shall be paid by the county and may be taxed as | 17 | | costs against the
convicted defendant.
| 18 | | (i) All fines and penalties imposed under this Section for | 19 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 20 | | Vehicle Code, or a similar
provision of a local ordinance, and | 21 | | any violation
of the Child Passenger Protection Act, or a | 22 | | similar provision of a local
ordinance, shall be collected and | 23 | | disbursed by the circuit
clerk as provided under Section 27.5 | 24 | | of the Clerks of Courts Act.
| 25 | | (j) In cases when prosecution for any violation of Section | 26 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
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| 1 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 2 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 3 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 4 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 5 | | Code of 2012, any violation of the Illinois Controlled | 6 | | Substances Act,
any violation of the Cannabis Control Act, or | 7 | | any violation of the Methamphetamine Control and Community | 8 | | Protection Act results in conviction, a
disposition of court | 9 | | supervision, or an order of probation granted under
Section 10 | 10 | | of the Cannabis Control Act, Section 410 of the Illinois
| 11 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 12 | | Control and Community Protection Act of a defendant, the court | 13 | | shall determine whether the
defendant is employed by a facility | 14 | | or center as defined under the Child Care
Act of 1969, a public | 15 | | or private elementary or secondary school, or otherwise
works | 16 | | with children under 18 years of age on a daily basis. When a | 17 | | defendant
is so employed, the court shall order the Clerk of | 18 | | the Court to send a copy of
the judgment of conviction or order | 19 | | of supervision or probation to the
defendant's employer by | 20 | | certified mail.
If the employer of the defendant is a school, | 21 | | the Clerk of the Court shall
direct the mailing of a copy of | 22 | | the judgment of conviction or order of
supervision or probation | 23 | | to the appropriate regional superintendent of schools.
The | 24 | | regional superintendent of schools shall notify the State Board | 25 | | of
Education of any notification under this subsection.
| 26 | | (j-5) A defendant at least 17 years of age who is convicted |
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| 1 | | of a felony and
who has not been previously convicted of a | 2 | | misdemeanor or felony and who is
sentenced to a term of | 3 | | imprisonment in the Illinois Department of Corrections
shall as | 4 | | a condition of his or her sentence be required by the court to | 5 | | attend
educational courses designed to prepare the defendant | 6 | | for a high school diploma
and to work toward a high school | 7 | | diploma or to work toward passing high school equivalency | 8 | | testing or to work toward
completing a vocational training | 9 | | program offered by the Department of
Corrections. If a | 10 | | defendant fails to complete the educational training
required | 11 | | by his or her sentence during the term of incarceration, the | 12 | | Prisoner
Review Board shall, as a condition of mandatory | 13 | | supervised release, require the
defendant, at his or her own | 14 | | expense, to pursue a course of study toward a high
school | 15 | | diploma or passage of high school equivalency testing. The | 16 | | Prisoner Review Board shall
revoke the mandatory supervised | 17 | | release of a defendant who wilfully fails to
comply with this | 18 | | subsection (j-5) upon his or her release from confinement in a
| 19 | | penal institution while serving a mandatory supervised release | 20 | | term; however,
the inability of the defendant after making a | 21 | | good faith effort to obtain
financial aid or pay for the | 22 | | educational training shall not be deemed a wilful
failure to | 23 | | comply. The Prisoner Review Board shall recommit the defendant
| 24 | | whose mandatory supervised release term has been revoked under | 25 | | this subsection
(j-5) as provided in Section 3-3-9. This | 26 | | subsection (j-5) does not apply to a
defendant who has a high |
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| 1 | | school diploma or has successfully passed high school | 2 | | equivalency testing. This subsection (j-5) does not apply to a | 3 | | defendant who is determined by
the court to be developmentally | 4 | | disabled or otherwise mentally incapable of
completing the | 5 | | educational or vocational program.
| 6 | | (k) (Blank).
| 7 | | (l) (A) Except as provided
in paragraph (C) of subsection | 8 | | (l), whenever a defendant,
who is an alien as defined by the | 9 | | Immigration and Nationality Act, is convicted
of any felony or | 10 | | misdemeanor offense, the court after sentencing the defendant
| 11 | | may, upon motion of the State's Attorney, hold sentence in | 12 | | abeyance and remand
the defendant to the custody of the | 13 | | Attorney General of
the United States or his or her designated | 14 | | agent to be deported when:
| 15 | | (1) a final order of deportation has been issued | 16 | | against the defendant
pursuant to proceedings under the | 17 | | Immigration and Nationality Act, and
| 18 | | (2) the deportation of the defendant would not | 19 | | deprecate the seriousness
of the defendant's conduct and | 20 | | would not be inconsistent with the ends of
justice.
| 21 | | Otherwise, the defendant shall be sentenced as provided in | 22 | | this Chapter V.
| 23 | | (B) If the defendant has already been sentenced for a | 24 | | felony or
misdemeanor
offense, or has been placed on probation | 25 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 26 | | the Illinois Controlled Substances Act, or Section 70 of the |
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| 1 | | Methamphetamine Control and Community Protection Act, the | 2 | | court
may, upon motion of the State's Attorney to suspend the
| 3 | | sentence imposed, commit the defendant to the custody of the | 4 | | Attorney General
of the United States or his or her designated | 5 | | agent when:
| 6 | | (1) a final order of deportation has been issued | 7 | | against the defendant
pursuant to proceedings under the | 8 | | Immigration and Nationality Act, and
| 9 | | (2) the deportation of the defendant would not | 10 | | deprecate the seriousness
of the defendant's conduct and | 11 | | would not be inconsistent with the ends of
justice.
| 12 | | (C) This subsection (l) does not apply to offenders who are | 13 | | subject to the
provisions of paragraph (2) of subsection (a) of | 14 | | Section 3-6-3.
| 15 | | (D) Upon motion of the State's Attorney, if a defendant | 16 | | sentenced under
this Section returns to the jurisdiction of the | 17 | | United States, the defendant
shall be recommitted to the | 18 | | custody of the county from which he or she was
sentenced.
| 19 | | Thereafter, the defendant shall be brought before the | 20 | | sentencing court, which
may impose any sentence that was | 21 | | available under Section 5-5-3 at the time of
initial | 22 | | sentencing. In addition, the defendant shall not be eligible | 23 | | for
additional sentence credit for good conduct as provided | 24 | | under
Section 3-6-3.
| 25 | | (m) A person convicted of criminal defacement of property | 26 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, in which the property damage exceeds | 2 | | $300
and the property damaged is a school building, shall be | 3 | | ordered to perform
community service that may include cleanup, | 4 | | removal, or painting over the
defacement.
| 5 | | (n) The court may sentence a person convicted of a | 6 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 7 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 9 | | incarceration program if the person is otherwise eligible for | 10 | | that program
under Section 5-8-1.1, (ii) to community service, | 11 | | or (iii) if the person is an
addict or alcoholic, as defined in | 12 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 13 | | substance or alcohol abuse program licensed under that
Act. | 14 | | (o) Whenever a person is convicted of a sex offense as | 15 | | defined in Section 2 of the Sex Offender Registration Act, the | 16 | | defendant's driver's license or permit shall be subject to | 17 | | renewal on an annual basis in accordance with the provisions of | 18 | | license renewal established by the Secretary of State.
| 19 | | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | 20 | | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | 21 | | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | 22 | | eff. 7-16-14 .)
| 23 | | (730 ILCS 5/5-9-1.10)
| 24 | | Sec. 5-9-1.10. Additional fines. There shall be added to | 25 | | every penalty
imposed in sentencing for a violation of Sections |
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| 1 | | 24-1.1, 24-1.1-5, 24-1.2, or
24-1.5 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012 an additional fine of $100 | 3 | | payable to the
clerk, which shall be imposed upon the entry of | 4 | | a judgment of conviction.
This additional fee, less 2 1/2% that | 5 | | shall be
used to defray administrative costs incurred by the | 6 | | clerk, shall be remitted by
the clerk to the Treasurer within | 7 | | 60 days after receipt for deposit into the
Trauma Center Fund. | 8 | | This additional fee of $100 shall not be
considered a part of | 9 | | the
fine for purposes of any reduction in the fine for time | 10 | | served either before or
after sentencing.
Not later than March | 11 | | 1 of each year the circuit clerk
shall submit a report of the | 12 | | amount of funds remitted to the State
Treasurer under this | 13 | | Section during the preceding calendar year.
All moneys
| 14 | | collected by the circuit clerk and remitted to the State | 15 | | Treasurer under
Section 27.6 of the Clerks of Courts Act shall | 16 | | be deposited into
the Trauma
Center Fund for distribution as | 17 | | provided under Section 3.225 of the Emergency
Medical Services | 18 | | (EMS) Systems Act.
| 19 | | (Source: P.A. 97-1150, eff. 1-25-13.)".
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