Full Text of HB1169 99th General Assembly
HB1169 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1169 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 730 ILCS 115/1 | from Ch. 38, par. 204a-1 |
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Amends the Probation Community Service Act. Makes a technical change in a
Section concerning community service programs.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probation Community Service Act is amended | 5 | | by changing Section 1 as follows:
| 6 | | (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
| 7 | | Sec. 1.
(a) "Public or community service" means | 8 | | uncompensated labor
for a not-for-profit organization or | 9 | | public body whose
purpose is to enhance
physical, or mental | 10 | | stability of the
the offender, environmental quality or the
| 11 | | social welfare
and which agrees to accept public or community | 12 | | service from offenders and
to report on the progress of the | 13 | | offender and the public or community
service to the court or to | 14 | | the authorized diversion program that has referred
the offender | 15 | | for public or community service. "Public or Community Service" | 16 | | does not include blood donation or assignment to labor at a | 17 | | blood bank. For the purposes of this Act, "blood bank" has the | 18 | | meaning ascribed to the term in Section 2-124 of the Illinois | 19 | | Clinical Laboratory and Blood Bank Act. | 20 | | (b) "Site" means a not-for-profit organization, public
| 21 | | body, church, charitable organization, or individual agreeing | 22 | | to
accept community service from offenders and to report on the | 23 | | progress of
ordered or required public or community service to |
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| 1 | | the court or to the
authorized diversion program that has | 2 | | referred the offender for public or
community
service.
| 3 | | (c) The county boards of the several counties in this State | 4 | | are
authorized to establish and operate agencies to develop and | 5 | | supervise programs
of public or community service for those | 6 | | persons placed
by the court on probation,
conditional | 7 | | discharge, or supervision.
| 8 | | (d) The programs shall be developed in cooperation with the | 9 | | circuit courts
for the respective counties developing such | 10 | | programs and shall conform with
any law restricting the use of | 11 | | public or community service.
| 12 | | (e) Neither the State, any local government, probation | 13 | | department,
public or community service program or site, nor | 14 | | any official, volunteer,
or employee
thereof acting in the | 15 | | course of their official duties shall be liable for
any injury | 16 | | or loss a person might receive while performing public or
| 17 | | community service as ordered either (1) by the court or (2) by | 18 | | any duly
authorized station or probation adjustment, teen | 19 | | court, community mediation, or
other administrative diversion | 20 | | program authorized by the Juvenile Court Act of
1987 for a | 21 | | violation of a penal statute of this State or a local | 22 | | government
ordinance (whether penal, civil, or quasi-criminal) | 23 | | or for a traffic offense,
nor
shall they be liable for any
| 24 | | tortious acts of any person performing public or community | 25 | | service, except
for wilful, wanton misconduct or gross | 26 | | negligence on the part of such
governmental unit, probation |
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| 1 | | department, or public or community service
program or site
or | 2 | | on the part of
the official, volunteer, or employee.
| 3 | | (f) No person assigned to a public or community service | 4 | | program shall be
considered an employee for any purpose, nor | 5 | | shall the county board be
obligated to provide any compensation | 6 | | to such person.
| 7 | | (Source: P.A. 98-824, eff. 1-1-15 .)
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