Full Text of HB5565 94th General Assembly
HB5565 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5565
Introduced 1/27/2006, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-6 |
from Ch. 38, par. 11-6 |
720 ILCS 5/11-6.5 |
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720 ILCS 5/32-10 |
from Ch. 38, par. 32-10 |
730 ILCS 5/5-5-6 |
from Ch. 38, par. 1005-5-6 |
730 ILCS 5/5-6-3.1 |
from Ch. 38, par. 1005-6-3.1 |
730 ILCS 5/5-8-1 |
from Ch. 38, par. 1005-8-1 |
705 ILCS 405/2-13.1 |
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720 ILCS 5/12-3.2 |
from Ch. 38, par. 12-3.2 |
720 ILCS 5/12-30 |
from Ch. 38, par. 12-30 |
720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
725 ILCS 5/115-7 |
from Ch. 38, par. 115-7 |
725 ILCS 5/115-10.2 |
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750 ILCS 50/1 |
from Ch. 40, par. 1501 |
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Amends the Juvenile Court Act of 1987 and the Adoption Act. Provides for the termination of parent rights for the commission of various acts against children. Amends the Criminal Code of 1961 and the Unified Code of Corrections. Reenacts various criminal provisions of P.A. 89-203 that were held unconstitutional by the Illinois Supreme Court in People v. Wooters as violating the single subject clause of the Illinois Constitution. Amends the Criminal Code of 1961, the Harassing and Obscene Communications Act, and the Code of Criminal Procedure of 1963. Changes the elements of the offenses of domestic battery, violation of an order of protection, and harassing and obscene communications. Makes other changes.
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A BILL FOR
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HB5565 |
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LRB094 18455 RLC 53770 b |
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| AN ACT concerning domestic violence.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| ARTICLE 1. REENACTMENT | 5 |
| Section 1-1. Purpose. | 6 |
| (1) The General Assembly finds and declares that: | 7 |
| (i) Public Act 89-203, effective July 21, 1995, | 8 |
| contained provisions amending the Criminal Code of 1961, | 9 |
| and the Unified Code of Corrections. Public Act 89-203 also | 10 |
| contained other provisions, including revisions to the | 11 |
| Vehicle Code, the Counties Code, and the Code of Civil | 12 |
| Procedure. | 13 |
| (ii) On November 18, 1999, the Illinois Supreme Court, | 14 |
| in People v. Wooters, 1999, 243 Ill. Dec. 33, 188 Ill.2d | 15 |
| 500, 722 N.E.2d 1102 ruled that Public Act 89-203 violates | 16 |
| the single subject clause of the Illinois Constitution | 17 |
| (Article IV, Section 8 (d)) and was unconstitutional in its | 18 |
| entirety. | 19 |
| (iii) The provisions of Public Act 89-203 amending the | 20 |
| Criminal Code of 1961 and the Unified Code of Corrections | 21 |
| are of vital concern to the people of this State and | 22 |
| legislative action concerning those provisions of Public | 23 |
| Act 89-203 is necessary.
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| (2) One of the purposes of this Act is to re-enact | 25 |
| certain criminal provisions of Public Act 89-203, | 26 |
| including subsequent amendments. This re-enactment is | 27 |
| intended to remove any question as to the validity or | 28 |
| content of those provisions. | 29 |
| (3) This Act re-enacts certain criminal provisions | 30 |
| of Public Act 89-203, including subsequent amendments, | 31 |
| to remove any question as to the validity or content of | 32 |
| those provisions; it is not intended to supersede any |
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| other Public Act that amends the text of the Sections | 2 |
| as set forth in this Act. The material is shown as | 3 |
| existing text (i.e., without underscoring), except for | 4 |
| technical changes having a revisory function.
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| Section 1-5. The Criminal Code of 1961 is amended by | 6 |
| reenacting Sections 11-6, 11-6.5, and 32-10 as follows:
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| (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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| Sec. 11-6. Indecent solicitation of a child.
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| (a) A person of the age of 17 years and upwards commits the | 10 |
| offense of
indecent solicitation of a child if the person, with | 11 |
| the intent that the
offense of aggravated criminal sexual | 12 |
| assault, criminal sexual assault,
predatory criminal sexual | 13 |
| assault of a child, or aggravated criminal sexual
abuse be | 14 |
| committed, knowingly solicits a child or one whom he or she | 15 |
| believes
to be a child to perform an act of sexual penetration | 16 |
| or sexual conduct as
defined in Section 12-12 of this Code.
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| (b) Definitions. As used in this Section:
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| "Solicit" means to command, authorize, urge, incite, | 19 |
| request, or
advise another to perform an act by any means | 20 |
| including, but not limited to, in
person, over the phone, | 21 |
| in writing, by computer, or by advertisement of any
kind.
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| "Child" means a person under 17 years of age.
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| (c) Sentence. Indecent solicitation of a child is:
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| (1) a Class 1 felony when the act, if done, would be | 25 |
| predatory criminal
sexual assault of a child or aggravated | 26 |
| criminal sexual assault;
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| (2) a Class 2 felony when the act, if done, would be | 28 |
| criminal sexual
assault;
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| (3) a Class 3 felony when the act, if done, would be | 30 |
| aggravated criminal
sexual abuse.
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| (Source: P.A. 91-226, eff. 7-22-99.)
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| (720 ILCS 5/11-6.5)
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| Sec. 11-6.5. Indecent solicitation of an adult.
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LRB094 18455 RLC 53770 b |
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| (a) A person commits indecent solicitation of an adult if | 2 |
| the person:
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| (1) Arranges for a person 17 years of age or over to | 4 |
| commit an act of
sexual penetration as defined in Section | 5 |
| 12-12 with a person:
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| (i) Under the age of 13 years; or
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| (ii) Thirteen years of age or over but under the | 8 |
| age of 17 years; or
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| (2) Arranges for a person 17 years of age or over to | 10 |
| commit an act of
sexual conduct as defined in Section 12-12 | 11 |
| with a person:
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| (i) Under the age of 13 years; or
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| (ii) Thirteen years of age or older but under the | 14 |
| age of 17 years.
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| (b) Sentence.
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| (1) Violation of paragraph (a)(1)(i) is a Class X | 17 |
| felony.
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| (2) Violation of paragraph (a)(1)(ii) is a Class 1 | 19 |
| felony.
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| (3) Violation of
paragraph (a)(2)(i) is a Class 2 | 21 |
| felony.
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| (4) Violation of paragraph (a)(2)(ii)
is a Class A | 23 |
| misdemeanor.
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| (c) For the purposes of this Section, "arranges" includes | 25 |
| but is not
limited to oral or written communication and
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| communication by telephone, computer, or other electronic | 27 |
| means. "Computer"
has the meaning ascribed to it in Section | 28 |
| 16D-2 of this Code.
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| (Source: P.A. 88-165; 89-203, eff. 7-21-95 .)
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| (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
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| Sec. 32-10. Violation of bail bond.
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| (a) Whoever, having been admitted to bail for appearance | 33 |
| before any
court of
this State, incurs a forfeiture of the bail | 34 |
| and willfully fails to surrender
himself within 30 days | 35 |
| following the date of such forfeiture, commits, if
the bail was |
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| given in connection with a charge of felony or pending appeal
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| or certiorari after conviction of any offense, a felony of the | 3 |
| next lower
Class or a Class A misdemeanor if the underlying | 4 |
| offense was a Class 4 felony;
or, if the bail was given in | 5 |
| connection with a charge
of committing a misdemeanor, or for | 6 |
| appearance as a witness, commits a
misdemeanor of the next | 7 |
| lower Class, but not less than a Class C misdemeanor.
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| (a-5) Any person who violates a condition of bail bond by | 9 |
| possessing a
firearm in violation of his or her conditions of | 10 |
| bail commits a Class 4 felony
for a first violation and a Class | 11 |
| 3 felony for a second violation.
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| (b) Whoever, having been admitted to bail for appearance | 13 |
| before
any court
of this State, while charged with a criminal | 14 |
| offense in which the victim is a
family or household member as | 15 |
| defined in Article 112A of the Code of Criminal
Procedure of | 16 |
| 1963, knowingly violates a condition of that release as set | 17 |
| forth
in Section 110-10, subsection (d) of the Code of Criminal | 18 |
| Procedure of 1963,
commits a Class A misdemeanor.
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| (c) Whoever, having been admitted to bail for appearance | 20 |
| before
any court
of this State for a felony, Class A | 21 |
| misdemeanor or a
criminal offense in which the victim is a | 22 |
| family
or household member as defined in Article 112A of the | 23 |
| Code of Criminal
Procedure of 1963, is charged with any other
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| felony, Class A misdemeanor,
or a
criminal offense in which the | 25 |
| victim is a family or household
member as
defined in Article | 26 |
| 112A of the Code of Criminal Procedure of 1963 while on
such
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| release, must appear before the court before
bail is | 28 |
| statutorily set.
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| (d) Nothing in this Section shall interfere with or
prevent | 30 |
| the exercise
by
any court of its power to punishment for | 31 |
| contempt.
Any sentence imposed for violation of this Section | 32 |
| shall be served
consecutive to the sentence imposed for the | 33 |
| charge for which bail had been
granted and with respect to | 34 |
| which the defendant has been convicted.
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| (Source: P.A. 91-696, eff. 4-13-00.)
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LRB094 18455 RLC 53770 b |
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| Section 1-10. The Unified Code of Corrections is amended by | 2 |
| reenacting Sections 5-5-6, 5-6-3.1, and 5-8-1 as follows:
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| (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
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| Sec. 5-5-6. In all convictions for offenses in violation of | 5 |
| the Criminal
Code of 1961 in which the person received any | 6 |
| injury to their person or damage
to their real or personal | 7 |
| property as a result of the criminal act of the
defendant, the | 8 |
| court shall order restitution as provided in this Section. In
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| all other cases, except cases in which restitution is required | 10 |
| under this
Section, the court must at the sentence hearing | 11 |
| determine whether restitution
is an appropriate sentence to be | 12 |
| imposed on each defendant convicted of an
offense. If the court | 13 |
| determines that an order directing the offender to make
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| restitution is appropriate, the offender may be sentenced to | 15 |
| make restitution.
The court may consider restitution an | 16 |
| appropriate sentence to be imposed on each defendant convicted | 17 |
| of an offense in addition to a sentence of imprisonment. The | 18 |
| sentence of the defendant to a term of imprisonment is not a | 19 |
| mitigating factor that prevents the court from ordering the | 20 |
| defendant to pay restitution. If
the offender is sentenced to | 21 |
| make restitution the Court shall determine the
restitution as | 22 |
| hereinafter set forth:
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| (a) At the sentence hearing, the court shall determine | 24 |
| whether the
property
may be restored in kind to the | 25 |
| possession of the owner or the person entitled
to | 26 |
| possession thereof; or whether the defendant is possessed | 27 |
| of sufficient
skill to repair and restore property damaged; | 28 |
| or whether the defendant should
be required to make | 29 |
| restitution in cash, for out-of-pocket expenses, damages,
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| losses, or injuries found to have been proximately caused | 31 |
| by the conduct
of the defendant or another for whom the | 32 |
| defendant is legally accountable
under the provisions of | 33 |
| Article V of the Criminal Code of 1961.
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| (b) In fixing the amount of restitution to be paid in | 35 |
| cash, the court
shall allow credit for property returned in |
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| kind, for property damages ordered
to be repaired by the | 2 |
| defendant, and for property ordered to be restored
by the | 3 |
| defendant; and after granting the credit, the court shall | 4 |
| assess
the actual out-of-pocket expenses, losses, damages, | 5 |
| and injuries suffered
by the victim named in the charge and | 6 |
| any other victims who may also have
suffered out-of-pocket | 7 |
| expenses, losses, damages, and injuries proximately
caused | 8 |
| by the same criminal conduct of the defendant, and | 9 |
| insurance
carriers who have indemnified the named victim or | 10 |
| other victims for the
out-of-pocket expenses, losses, | 11 |
| damages, or injuries, provided that in no
event shall | 12 |
| restitution be ordered to be paid on account of pain and
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| suffering. If a defendant is placed on supervision for, or | 14 |
| convicted of,
domestic battery, the defendant shall be | 15 |
| required to pay restitution to any
domestic violence | 16 |
| shelter in which the victim and any other family or | 17 |
| household
members lived because of the domestic battery. | 18 |
| The amount of the restitution
shall equal the actual | 19 |
| expenses of the domestic violence shelter in providing
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| housing and any other services for the victim and any other | 21 |
| family or household
members living at the shelter. If a | 22 |
| defendant fails to pay restitution in
the manner or within
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| the time period specified by the court, the court may enter | 24 |
| an order
directing the sheriff to seize any real or | 25 |
| personal property of a defendant
to the extent necessary to | 26 |
| satisfy the order of restitution and dispose of
the | 27 |
| property by public sale. All proceeds from such sale in | 28 |
| excess of the
amount of restitution plus court costs and | 29 |
| the costs of the sheriff in
conducting the sale shall be | 30 |
| paid to the defendant. The defendant convicted of
domestic | 31 |
| battery, if a person under 18 years of age was present and | 32 |
| witnessed the domestic battery of the
victim, is liable to | 33 |
| pay restitution for the cost of any counseling required
for
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| the child at the discretion of the court.
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| (c) In cases where more than one defendant is | 36 |
| accountable for the same
criminal conduct that results in |
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LRB094 18455 RLC 53770 b |
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| out-of-pocket expenses, losses, damages,
or injuries, each | 2 |
| defendant shall be ordered to pay restitution in the amount
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| of the total actual out-of-pocket expenses, losses, | 4 |
| damages, or injuries
to the victim proximately caused by | 5 |
| the conduct of all of the defendants
who are legally | 6 |
| accountable for the offense.
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| (1) In no event shall the victim be entitled to | 8 |
| recover restitution in
excess of the actual | 9 |
| out-of-pocket expenses, losses, damages, or injuries,
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| proximately caused by the conduct of all of the | 11 |
| defendants.
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| (2) As between the defendants, the court may | 13 |
| apportion the restitution
that is payable in | 14 |
| proportion to each co-defendant's culpability in the
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| commission of the offense.
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| (3) In the absence of a specific order apportioning | 17 |
| the restitution,
each defendant shall bear his pro rata | 18 |
| share of the restitution.
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| (4) As between the defendants, each defendant | 20 |
| shall be entitled to a pro
rata reduction in the total | 21 |
| restitution required to be paid to the victim
for | 22 |
| amounts of restitution actually paid by co-defendants, | 23 |
| and defendants
who shall have paid more than their pro | 24 |
| rata share shall be entitled to
refunds to be computed | 25 |
| by the court as additional amounts are
paid by | 26 |
| co-defendants.
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| (d) In instances where a defendant has more than one | 28 |
| criminal charge
pending
against him in a single case, or | 29 |
| more than one case, and the defendant stands
convicted of | 30 |
| one or more charges, a plea agreement negotiated by the | 31 |
| State's
Attorney and the defendants may require the | 32 |
| defendant to make restitution
to victims of charges that | 33 |
| have been dismissed or which it is contemplated
will be | 34 |
| dismissed under the terms of the plea agreement, and under | 35 |
| the
agreement, the court may impose a sentence of | 36 |
| restitution on the charge
or charges of which the defendant |
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| has been convicted that would require
the defendant to make | 2 |
| restitution to victims of other offenses as provided
in the | 3 |
| plea agreement.
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| (e) The court may require the defendant to apply the | 5 |
| balance of the cash
bond, after payment of court costs, and | 6 |
| any fine that may be imposed to
the payment of restitution.
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| (f) Taking into consideration the ability of the | 8 |
| defendant to pay, including any real or personal property | 9 |
| or any other assets of the defendant,
the court shall | 10 |
| determine whether restitution shall be paid in a single
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| payment or in installments, and shall fix a period of time | 12 |
| not in excess
of 5 years or the period of time specified in | 13 |
| subsection (f-1), not including periods of incarceration, | 14 |
| within which payment of
restitution is to be paid in full.
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| Complete restitution shall be paid in as short a time | 16 |
| period as possible.
However, if the court deems it | 17 |
| necessary and in the best interest of the
victim, the court | 18 |
| may extend beyond 5 years the period of time within which | 19 |
| the
payment of restitution is to be paid.
If the defendant | 20 |
| is ordered to pay restitution and the court orders that
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| restitution is to be paid over a period greater than 6 | 22 |
| months, the court
shall order that the defendant make | 23 |
| monthly payments; the court may waive
this requirement of | 24 |
| monthly payments only if there is a specific finding of
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| good cause for waiver.
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| (f-1)(1) In addition to any other penalty prescribed by | 27 |
| law and any restitution ordered under this Section that did | 28 |
| not include long-term physical health care costs, the court | 29 |
| may, upon conviction of any misdemeanor or felony, order a | 30 |
| defendant to pay restitution to a victim in accordance with | 31 |
| the provisions of this subsection (f-1) if the victim has | 32 |
| suffered physical injury as a result of the offense that is | 33 |
| reasonably probable to require or has required long-term | 34 |
| physical health care for more than 3 months. As used in | 35 |
| this subsection (f-1) "long-term physical health care" | 36 |
| includes mental health care.
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LRB094 18455 RLC 53770 b |
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| (2) The victim's estimate of long-term physical health | 2 |
| care costs may be made as part of a victim impact statement | 3 |
| under Section 6 of the Rights of Crime Victims and | 4 |
| Witnesses Act or made separately. The court shall enter the | 5 |
| long-term physical health care restitution order at the | 6 |
| time of sentencing. An order of restitution made under this | 7 |
| subsection (f-1) shall fix a monthly amount to be paid by | 8 |
| the defendant for as long as long-term physical health care | 9 |
| of the victim is required as a result of the offense. The | 10 |
| order may exceed the length of any sentence imposed upon | 11 |
| the defendant for the criminal activity. The court shall | 12 |
| include as a special finding in the judgment of conviction | 13 |
| its determination of the monthly cost of long-term physical | 14 |
| health care.
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| (3) After a sentencing order has been entered, the | 16 |
| court may from time to time, on the petition of either the | 17 |
| defendant or the victim, or upon its own motion, enter an | 18 |
| order for restitution for long-term physical care or modify | 19 |
| the existing order for restitution for long-term physical | 20 |
| care as to the amount of monthly payments. Any modification | 21 |
| of the order shall be based only upon a substantial change | 22 |
| of circumstances relating to the cost of long-term physical | 23 |
| health care or the financial condition of either the | 24 |
| defendant or the victim. The petition shall be filed as | 25 |
| part of the original criminal docket.
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| (g) In addition to the sentences provided for in | 27 |
| Sections 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15, | 28 |
| and 12-16 of the Criminal Code of 1961, the court may
order | 29 |
| any person who is convicted of violating any of those | 30 |
| Sections or who was charged with any of those offenses and | 31 |
| which charge was reduced to another charge as a result of a | 32 |
| plea agreement under subsection (d) of this Section to meet
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| all or any portion of the financial obligations of | 34 |
| treatment, including but not
limited to medical, | 35 |
| psychiatric, or rehabilitative treatment or psychological | 36 |
| counseling,
prescribed for the victim or victims of the |
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| offense.
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| The payments shall be made by the defendant to the | 3 |
| clerk of the circuit
court
and transmitted by the clerk to | 4 |
| the appropriate person or agency as directed by
the court. | 5 |
| Except as otherwise provided in subsection (f-1), the
order | 6 |
| may require such payments to be made for a period not to
| 7 |
| exceed 5 years after sentencing, not including periods of | 8 |
| incarceration.
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| (h) The judge may enter an order of withholding to | 10 |
| collect the amount
of restitution owed in accordance with | 11 |
| Part 8 of Article XII of the Code of
Civil Procedure.
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| (i) A sentence of restitution may be modified or | 13 |
| revoked by the court
if the offender commits another | 14 |
| offense, or the offender fails to make
restitution as | 15 |
| ordered by the court, but no sentence to make restitution
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| shall be revoked unless the court shall find that the | 17 |
| offender has had the
financial ability to make restitution, | 18 |
| and he has wilfully refused to do
so. When the offender's | 19 |
| ability to pay restitution was established at the time
an | 20 |
| order of restitution was entered or modified, or when the | 21 |
| offender's ability
to pay was based on the offender's | 22 |
| willingness to make restitution as part of a
plea agreement | 23 |
| made at the time the order of restitution was entered or
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| modified, there is a rebuttable presumption that the facts | 25 |
| and circumstances
considered by the court at the hearing at | 26 |
| which the order of restitution was
entered or modified | 27 |
| regarding the offender's ability or willingness to pay
| 28 |
| restitution have not materially changed. If the court shall | 29 |
| find that the
defendant has failed to make
restitution and | 30 |
| that the failure is not wilful, the court may impose an
| 31 |
| additional period of time within which to make restitution. | 32 |
| The length of
the additional period shall not be more than | 33 |
| 2 years. The court shall
retain all of the incidents of the | 34 |
| original sentence, including the
authority to modify or | 35 |
| enlarge the conditions, and to revoke or further
modify the | 36 |
| sentence if the conditions of payment are violated during |
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LRB094 18455 RLC 53770 b |
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| the
additional period.
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| (j) The procedure upon the filing of a Petition to | 3 |
| Revoke a sentence to
make restitution shall be the same as | 4 |
| the procedures set forth in Section
5-6-4 of this Code | 5 |
| governing violation, modification, or revocation of
| 6 |
| Probation, of Conditional Discharge, or of Supervision.
| 7 |
| (k) Nothing contained in this Section shall preclude | 8 |
| the right of any
party to proceed in a civil action to | 9 |
| recover for any damages incurred due
to the criminal | 10 |
| misconduct of the defendant.
| 11 |
| (l) Restitution ordered under this Section shall not be
| 12 |
| subject to disbursement by the circuit clerk under Section | 13 |
| 27.5 of the
Clerks of Courts Act.
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| (m) A restitution order under this Section is a | 15 |
| judgment lien in favor
of
the victim that:
| 16 |
| (1) Attaches to the property of the person subject | 17 |
| to the order;
| 18 |
| (2) May be perfected in the same manner as provided | 19 |
| in Part 3 of Article
9 of the Uniform Commercial Code;
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| (3) May be enforced to satisfy any payment that is | 21 |
| delinquent under the
restitution order by the person in | 22 |
| whose favor the order is issued or the
person's | 23 |
| assignee; and
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| (4) Expires in the same manner as a judgment lien | 25 |
| created in a civil
proceeding.
| 26 |
| When a restitution order is issued under this Section, | 27 |
| the issuing court
shall send a certified copy of the order | 28 |
| to the clerk of the circuit court
in the county where the | 29 |
| charge was filed. Upon receiving the order, the
clerk shall | 30 |
| enter and index the order in the circuit court judgment | 31 |
| docket.
| 32 |
| (n) An order of restitution under this Section does not | 33 |
| bar
a civil action for:
| 34 |
| (1) Damages that the court did not require the | 35 |
| person to pay to the
victim under the restitution order | 36 |
| but arise from an injury or property
damages that is |
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| the basis of restitution ordered by the court; and
| 2 |
| (2) Other damages suffered by the victim.
| 3 |
| The restitution order is not discharged by the
completion | 4 |
| of the sentence imposed for the offense.
| 5 |
| A restitution order under this Section is not discharged by | 6 |
| the
liquidation of a person's estate by a receiver. A | 7 |
| restitution order under
this Section may be enforced in the | 8 |
| same manner as judgment liens are
enforced under Article XII of | 9 |
| the Code of Civil Procedure.
| 10 |
| The provisions of Section 2-1303 of the Code of Civil | 11 |
| Procedure,
providing for interest on judgments, apply to | 12 |
| judgments for restitution entered
under this Section.
| 13 |
| (Source: P.A. 94-148, eff. 1-1-06; 94-397, eff. 1-1-06; revised | 14 |
| 8-19-05.)
| 15 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 16 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 17 |
| (a) When a defendant is placed on supervision, the court | 18 |
| shall enter
an order for supervision specifying the period of | 19 |
| such supervision, and
shall defer further proceedings in the | 20 |
| case until the conclusion of the
period.
| 21 |
| (b) The period of supervision shall be reasonable under all | 22 |
| of the
circumstances of the case, but may not be longer than 2 | 23 |
| years, unless the
defendant has failed to pay the assessment | 24 |
| required by Section 10.3 of the
Cannabis Control Act,
Section | 25 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 26 |
| of the Methamphetamine Control and Community Protection Act, in | 27 |
| which case the court may extend supervision beyond 2 years.
| 28 |
| Additionally, the court shall order the defendant to perform no | 29 |
| less than 30
hours of community service and not more than 120 | 30 |
| hours of community service, if
community service is available | 31 |
| in the
jurisdiction and is funded and approved by the county | 32 |
| board where the offense
was committed,
when the offense (1) was
| 33 |
| related to or in furtherance of the criminal activities of an | 34 |
| organized gang or
was motivated by the defendant's membership | 35 |
| in or allegiance to an organized
gang; or (2) is a violation of |
|
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| any Section of Article 24 of the Criminal
Code of 1961 where a | 2 |
| disposition of supervision is not prohibited by Section
5-6-1 | 3 |
| of this Code.
The
community service shall include, but not be | 4 |
| limited to, the cleanup and repair
of any damage caused by | 5 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 6 |
| similar damages to property located within the municipality or | 7 |
| county
in which the violation occurred. Where possible and | 8 |
| reasonable, the community
service should be performed in the | 9 |
| offender's neighborhood.
| 10 |
| For the purposes of this
Section, "organized gang" has the | 11 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 12 |
| Terrorism Omnibus Prevention Act.
| 13 |
| (c) The court may in addition to other reasonable | 14 |
| conditions
relating to the nature of the offense or the | 15 |
| rehabilitation of the
defendant as determined for each | 16 |
| defendant in the proper discretion of
the court require that | 17 |
| the person:
| 18 |
| (1) make a report to and appear in person before or | 19 |
| participate with
the court or such courts, person, or | 20 |
| social service agency as directed
by the court in the order | 21 |
| of supervision;
| 22 |
| (2) pay a fine and costs;
| 23 |
| (3) work or pursue a course of study or vocational | 24 |
| training;
| 25 |
| (4) undergo medical, psychological or psychiatric | 26 |
| treatment; or
treatment for drug addiction or alcoholism;
| 27 |
| (5) attend or reside in a facility established for the | 28 |
| instruction
or residence of defendants on probation;
| 29 |
| (6) support his dependents;
| 30 |
| (7) refrain from possessing a firearm or other | 31 |
| dangerous weapon;
| 32 |
| (8) and in addition, if a minor:
| 33 |
| (i) reside with his parents or in a foster home;
| 34 |
| (ii) attend school;
| 35 |
| (iii) attend a non-residential program for youth;
| 36 |
| (iv) contribute to his own support at home or in a |
|
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| foster home; or
| 2 |
| (v) with the consent of the superintendent of the
| 3 |
| facility, attend an educational program at a facility | 4 |
| other than the school
in which the
offense was | 5 |
| committed if he
or she is placed on supervision for a | 6 |
| crime of violence as
defined in
Section 2 of the Crime | 7 |
| Victims Compensation Act committed in a school, on the
| 8 |
| real
property
comprising a school, or within 1,000 feet | 9 |
| of the real property comprising a
school;
| 10 |
| (9) make restitution or reparation in an amount not to | 11 |
| exceed actual
loss or damage to property and pecuniary loss | 12 |
| or make restitution under Section
5-5-6 to a domestic | 13 |
| violence shelter. The court shall
determine the amount and | 14 |
| conditions of payment;
| 15 |
| (10) perform some reasonable public or community | 16 |
| service;
| 17 |
| (11) comply with the terms and conditions of an order | 18 |
| of protection
issued by the court pursuant to the Illinois | 19 |
| Domestic Violence Act of 1986 or
an order of protection | 20 |
| issued by the court of another state, tribe, or United
| 21 |
| States territory.
If the court has ordered the defendant to | 22 |
| make a report and appear in
person under paragraph (1) of | 23 |
| this subsection, a copy of the order of
protection shall be | 24 |
| transmitted to the person or agency so designated
by the | 25 |
| court;
| 26 |
| (12) reimburse any "local anti-crime program" as | 27 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 28 |
| for any reasonable expenses incurred by the
program on the | 29 |
| offender's case, not to exceed the maximum amount of the
| 30 |
| fine authorized for the offense for which the defendant was | 31 |
| sentenced;
| 32 |
| (13) contribute a reasonable sum of money, not to
| 33 |
| exceed the maximum amount of the fine authorized for the | 34 |
| offense for which
the defendant was sentenced, to a "local | 35 |
| anti-crime program", as defined
in Section 7 of the | 36 |
| Anti-Crime Advisory Council Act;
|
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| (14) refrain from entering into a designated | 2 |
| geographic area except
upon such terms as the court finds | 3 |
| appropriate. Such terms may include
consideration of the | 4 |
| purpose of the entry, the time of day, other persons
| 5 |
| accompanying the defendant, and advance approval by a | 6 |
| probation officer;
| 7 |
| (15) refrain from having any contact, directly or | 8 |
| indirectly, with
certain specified persons or particular | 9 |
| types of person, including but not
limited to members of | 10 |
| street gangs and drug users or dealers;
| 11 |
| (16) refrain from having in his or her body the | 12 |
| presence of any illicit
drug prohibited by the Cannabis | 13 |
| Control Act, the Illinois Controlled
Substances Act, or the | 14 |
| Methamphetamine Control and Community Protection Act, | 15 |
| unless prescribed by a physician, and submit samples of
his | 16 |
| or her blood or urine or both for tests to determine the | 17 |
| presence of any
illicit drug;
| 18 |
| (17) refrain from operating any motor vehicle not | 19 |
| equipped with an
ignition interlock device as defined in | 20 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 21 |
| condition the court may allow a defendant who is not
| 22 |
| self-employed to operate a vehicle owned by the defendant's | 23 |
| employer that is
not equipped with an ignition interlock | 24 |
| device in the course and scope of the
defendant's | 25 |
| employment; and
| 26 |
| (18) if placed on supervision for a sex offense as | 27 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 28 |
| unless the offender is a parent or guardian of the person | 29 |
| under 18 years of age present in the home and no | 30 |
| non-familial minors are present, not participate in a | 31 |
| holiday event involving
children
under 18 years of age, | 32 |
| such as distributing candy or other items to children on
| 33 |
| Halloween,
wearing a Santa Claus costume on or preceding | 34 |
| Christmas, being employed as a
department store Santa | 35 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 36 |
| Easter. |
|
|
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LRB094 18455 RLC 53770 b |
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| (d) The court shall defer entering any judgment on the | 2 |
| charges
until the conclusion of the supervision.
| 3 |
| (e) At the conclusion of the period of supervision, if the | 4 |
| court
determines that the defendant has successfully complied | 5 |
| with all of the
conditions of supervision, the court shall | 6 |
| discharge the defendant and
enter a judgment dismissing the | 7 |
| charges.
| 8 |
| (f) Discharge and dismissal upon a successful conclusion of | 9 |
| a
disposition of supervision shall be deemed without | 10 |
| adjudication of guilt
and shall not be termed a conviction for | 11 |
| purposes of disqualification or
disabilities imposed by law | 12 |
| upon conviction of a crime. Two years after the
discharge and | 13 |
| dismissal under this Section, unless the disposition of
| 14 |
| supervision was for a violation of Sections 3-707, 3-708, | 15 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 16 |
| similar
provision of a local ordinance, or for a violation of | 17 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 18 |
| case it shall be 5
years after discharge and dismissal, a | 19 |
| person may have his record
of arrest sealed or expunged as may | 20 |
| be provided by law. However, any
defendant placed on | 21 |
| supervision before January 1, 1980, may move for
sealing or | 22 |
| expungement of his arrest record, as provided by law, at any
| 23 |
| time after discharge and dismissal under this Section.
A person | 24 |
| placed on supervision for a sexual offense committed against a | 25 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 26 |
| Identification Act
or for a violation of Section 11-501 of the | 27 |
| Illinois Vehicle Code or a
similar provision of a local | 28 |
| ordinance
shall not have his or her record of arrest sealed or | 29 |
| expunged.
| 30 |
| (g) A defendant placed on supervision and who during the | 31 |
| period of
supervision undergoes mandatory drug or alcohol | 32 |
| testing, or both, or is
assigned to be placed on an approved | 33 |
| electronic monitoring device, shall be
ordered to pay the costs | 34 |
| incidental to such mandatory drug or alcohol
testing, or both, | 35 |
| and costs incidental to such approved electronic
monitoring in | 36 |
| accordance with the defendant's ability to pay those costs.
The |
|
|
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LRB094 18455 RLC 53770 b |
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| 1 |
| county board with the concurrence of the Chief Judge of the | 2 |
| judicial
circuit in which the county is located shall establish | 3 |
| reasonable fees for
the cost of maintenance, testing, and | 4 |
| incidental expenses related to the
mandatory drug or alcohol | 5 |
| testing, or both, and all costs incidental to
approved | 6 |
| electronic monitoring, of all defendants placed on | 7 |
| supervision.
The concurrence of the Chief Judge shall be in the | 8 |
| form of an
administrative order.
The fees shall be collected by | 9 |
| the clerk of the circuit court. The clerk of
the circuit court | 10 |
| shall pay all moneys collected from these fees to the county
| 11 |
| treasurer who shall use the moneys collected to defray the | 12 |
| costs of
drug testing, alcohol testing, and electronic | 13 |
| monitoring.
The county treasurer shall deposit the fees | 14 |
| collected in the
county working cash fund under Section 6-27001 | 15 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 16 |
| (h) A disposition of supervision is a final order for the | 17 |
| purposes
of appeal.
| 18 |
| (i) The court shall impose upon a defendant placed on | 19 |
| supervision
after January 1, 1992 or to community service under | 20 |
| the supervision of a
probation or court services department | 21 |
| after January 1, 2004, as a condition
of supervision or | 22 |
| supervised community service, a fee of $50 for
each month of | 23 |
| supervision or supervised community service ordered by the
| 24 |
| court, unless after
determining the inability of the person | 25 |
| placed on supervision or supervised
community service to pay | 26 |
| the
fee, the court assesses a lesser fee. The court may not | 27 |
| impose the fee on a
minor who is made a ward of the State under | 28 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 29 |
| The fee shall be imposed only upon a
defendant who is actively | 30 |
| supervised by the
probation and court services
department. The | 31 |
| fee shall be collected by the clerk of the circuit court.
The | 32 |
| clerk of the circuit court shall pay all monies collected from | 33 |
| this fee
to the county treasurer for deposit in the probation | 34 |
| and court services
fund pursuant to Section 15.1 of the | 35 |
| Probation and
Probation Officers Act.
| 36 |
| A circuit court may not impose a probation fee in excess of |
|
|
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| $25
per month unless: (1) the circuit court has adopted, by | 2 |
| administrative
order issued by the chief judge, a standard | 3 |
| probation fee guide
determining an offender's ability to pay, | 4 |
| under guidelines developed by
the Administrative
Office of the | 5 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 6 |
| administrative order issued by the chief judge, the creation of | 7 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 8 |
| Judge or his or
her designee, for services to crime victims and | 9 |
| their families. Of the
amount collected as a probation fee, not | 10 |
| to exceed $5 of that fee
collected per month may be used to | 11 |
| provide services to crime victims
and their families.
| 12 |
| (j) All fines and costs imposed under this Section for any
| 13 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 14 |
| Code, or a
similar provision of a local ordinance, and any | 15 |
| violation of the Child
Passenger Protection Act, or a similar | 16 |
| provision of a local ordinance, shall
be collected and | 17 |
| disbursed by the circuit clerk as provided under Section
27.5 | 18 |
| of the Clerks of Courts Act.
| 19 |
| (k) A defendant at least 17 years of age who is placed on | 20 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 21 |
| inhabitants
and who has not been previously convicted of a | 22 |
| misdemeanor or felony
may as a condition of his or her | 23 |
| supervision be required by the court to
attend educational | 24 |
| courses designed to prepare the defendant for a high school
| 25 |
| diploma and to work toward a high school diploma or to work | 26 |
| toward passing the
high school level Test of General | 27 |
| Educational Development (GED) or to work
toward completing a | 28 |
| vocational training program approved by the court. The
| 29 |
| defendant placed on supervision must attend a public | 30 |
| institution of education
to obtain the educational or | 31 |
| vocational training required by this subsection
(k). The | 32 |
| defendant placed on supervision shall be required to pay for | 33 |
| the cost
of the educational courses or GED test, if a fee is | 34 |
| charged for those courses
or test. The court shall revoke the | 35 |
| supervision of a person who wilfully fails
to comply with this | 36 |
| subsection (k). The court shall resentence the defendant
upon |
|
|
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LRB094 18455 RLC 53770 b |
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| 1 |
| revocation of supervision as provided in Section 5-6-4. This | 2 |
| subsection
(k) does not apply to a defendant who has a high | 3 |
| school diploma or has
successfully passed the GED test. This | 4 |
| subsection (k) does not apply to a
defendant who is determined | 5 |
| by the court to be developmentally disabled or
otherwise | 6 |
| mentally incapable of completing the
educational or vocational | 7 |
| program.
| 8 |
| (l) The court shall require a defendant placed on | 9 |
| supervision for
possession of a substance
prohibited by the | 10 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 11 |
| or the Methamphetamine Control and Community Protection Act
| 12 |
| after a previous conviction or disposition of supervision for | 13 |
| possession of a
substance prohibited by the Cannabis Control | 14 |
| Act, the Illinois Controlled
Substances Act, or the | 15 |
| Methamphetamine Control and Community Protection Act or a | 16 |
| sentence of probation under Section 10 of the Cannabis
Control | 17 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 18 |
| and after a finding by the court that the person is addicted, | 19 |
| to undergo
treatment at a substance abuse program approved by | 20 |
| the court.
| 21 |
| (m) The Secretary of State shall require anyone placed on | 22 |
| court supervision
for a
violation of Section 3-707 of the | 23 |
| Illinois Vehicle Code or a similar provision
of a local | 24 |
| ordinance
to give proof of his or her financial
responsibility | 25 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 26 |
| proof shall be
maintained by the individual in a manner | 27 |
| satisfactory to the Secretary of State
for
a
minimum period of | 28 |
| one year after the date the proof is first filed.
The proof | 29 |
| shall be limited to a single action per arrest and may not be
| 30 |
| affected by any post-sentence disposition. The Secretary of | 31 |
| State shall
suspend the driver's license of any person
| 32 |
| determined by the Secretary to be in violation of this | 33 |
| subsection. | 34 |
| (n) Any offender placed on supervision for any offense that | 35 |
| the court or probation department has determined to be sexually | 36 |
| motivated as defined in the Sex Offender Management Board Act |
|
|
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LRB094 18455 RLC 53770 b |
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| 1 |
| shall be required to refrain from any contact, directly or | 2 |
| indirectly, with any persons specified by the court and shall | 3 |
| be available for all evaluations and treatment programs | 4 |
| required by the court or the probation department.
| 5 |
| (o) An offender placed on supervision for a sex offense as | 6 |
| defined in the Sex Offender
Management Board Act shall refrain | 7 |
| from residing at the same address or in the same condominium | 8 |
| unit or apartment unit or in the same condominium complex or | 9 |
| apartment complex with another person he or she knows or | 10 |
| reasonably should know is a convicted sex offender or has been | 11 |
| placed on supervision for a sex offense. The provisions of this | 12 |
| subsection (o) do not apply to a person convicted of a sex | 13 |
| offense who is placed in a Department of Corrections licensed | 14 |
| transitional housing facility for sex offenders. | 15 |
| (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | 16 |
| 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | 17 |
| 9-11-05; revised 8-19-05.)
| 18 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 19 |
| Sec. 5-8-1. Sentence of Imprisonment for Felony.
| 20 |
| (a) Except as otherwise provided in the statute defining | 21 |
| the offense, a
sentence of imprisonment for a felony shall be a | 22 |
| determinate sentence set by
the court under this Section, | 23 |
| according to the following limitations:
| 24 |
| (1) for first degree murder,
| 25 |
| (a) a term shall be not less than 20 years
and not | 26 |
| more than 60 years, or
| 27 |
| (b) if a trier of fact finds beyond a reasonable
| 28 |
| doubt that the murder was accompanied by exceptionally
| 29 |
| brutal or heinous behavior indicative of wanton | 30 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 31 |
| of this Section, that any of the aggravating factors
| 32 |
| listed in subsection (b) of Section 9-1 of the Criminal | 33 |
| Code of 1961 are
present, the court may sentence the | 34 |
| defendant to a term of natural life
imprisonment, or
| 35 |
| (c) the court shall sentence the defendant to a |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
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| 1 |
| term of natural life
imprisonment when the death | 2 |
| penalty is not imposed if the defendant,
| 3 |
| (i) has previously been convicted of first | 4 |
| degree murder under
any state or federal law, or
| 5 |
| (ii) is a person who, at the time of the | 6 |
| commission of the murder,
had attained the age of | 7 |
| 17 or more and is found guilty of murdering an
| 8 |
| individual under 12 years of age; or, irrespective | 9 |
| of the defendant's age at
the time of the | 10 |
| commission of the offense, is found guilty of | 11 |
| murdering more
than one victim, or
| 12 |
| (iii) is found guilty of murdering a peace | 13 |
| officer, fireman, or emergency management worker | 14 |
| when
the peace officer, fireman, or emergency | 15 |
| management worker was killed in the course of | 16 |
| performing his
official duties, or to prevent the | 17 |
| peace officer or fireman from
performing his | 18 |
| official duties, or in retaliation for the peace | 19 |
| officer,
fireman, or emergency management worker | 20 |
| from performing his official duties, and the | 21 |
| defendant knew or should
have known that the | 22 |
| murdered individual was a peace officer, fireman, | 23 |
| or emergency management worker, or
| 24 |
| (iv) is found guilty of murdering an employee | 25 |
| of an institution or
facility of the Department of | 26 |
| Corrections, or any similar local
correctional | 27 |
| agency, when the employee was killed in the course | 28 |
| of
performing his official duties, or to prevent | 29 |
| the employee from performing
his official duties, | 30 |
| or in retaliation for the employee performing his
| 31 |
| official duties, or
| 32 |
| (v) is found guilty of murdering an emergency | 33 |
| medical
technician - ambulance, emergency medical | 34 |
| technician - intermediate, emergency
medical | 35 |
| technician - paramedic, ambulance driver or other | 36 |
| medical assistance or
first aid person while |
|
|
|
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LRB094 18455 RLC 53770 b |
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| 1 |
| employed by a municipality or other governmental | 2 |
| unit
when the person was killed in the course of | 3 |
| performing official duties or
to prevent the | 4 |
| person from performing official duties or in | 5 |
| retaliation
for performing official duties and the | 6 |
| defendant knew or should have known
that the | 7 |
| murdered individual was an emergency medical | 8 |
| technician - ambulance,
emergency medical | 9 |
| technician - intermediate, emergency medical
| 10 |
| technician - paramedic, ambulance driver, or other | 11 |
| medical
assistant or first aid personnel, or
| 12 |
| (vi) is a person who, at the time of the | 13 |
| commission of the murder,
had not attained the age | 14 |
| of 17, and is found guilty of murdering a person | 15 |
| under
12 years of age and the murder is committed | 16 |
| during the course of aggravated
criminal sexual | 17 |
| assault, criminal sexual assault, or aggravated | 18 |
| kidnaping,
or
| 19 |
| (vii) is found guilty of first degree murder | 20 |
| and the murder was
committed by reason of any | 21 |
| person's activity as a community policing | 22 |
| volunteer
or to prevent any person from engaging in | 23 |
| activity as a community policing
volunteer. For | 24 |
| the purpose of this Section, "community policing | 25 |
| volunteer"
has the meaning ascribed to it in | 26 |
| Section 2-3.5 of the Criminal Code of 1961.
| 27 |
| For purposes of clause (v), "emergency medical | 28 |
| technician - ambulance",
"emergency medical technician - | 29 |
| intermediate", "emergency medical technician -
| 30 |
| paramedic", have the meanings ascribed to them in the | 31 |
| Emergency Medical
Services (EMS) Systems Act.
| 32 |
| (d) (i) if the person committed the offense while | 33 |
| armed with a
firearm, 15 years shall be added to | 34 |
| the term of imprisonment imposed by the
court;
| 35 |
| (ii) if, during the commission of the offense, | 36 |
| the person
personally discharged a firearm, 20 |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
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| 1 |
| years shall be added to the term of
imprisonment | 2 |
| imposed by the court;
| 3 |
| (iii) if, during the commission of the | 4 |
| offense, the person
personally discharged a | 5 |
| firearm that proximately caused great bodily harm,
| 6 |
| permanent disability, permanent disfigurement, or | 7 |
| death to another person, 25
years or up to a term | 8 |
| of natural life shall be added to the term of
| 9 |
| imprisonment imposed by the court.
| 10 |
| (1.5) for second degree murder, a term shall be not | 11 |
| less than 4 years
and not more than 20 years;
| 12 |
| (2) for a person adjudged a habitual criminal under | 13 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 14 |
| sentence shall be a term of
natural life imprisonment;
| 15 |
| (2.5) for a person convicted under the circumstances | 16 |
| described in
paragraph (3) of subsection (b) of Section | 17 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 18 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 19 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 20 |
| Criminal Code of 1961, the sentence shall be a term of | 21 |
| natural life
imprisonment;
| 22 |
| (3) except as otherwise provided in the statute | 23 |
| defining the
offense, for a Class X felony, the sentence | 24 |
| shall be not less than 6
years and not more than 30 years;
| 25 |
| (4) for a Class 1 felony, other than second degree | 26 |
| murder, the sentence
shall be not less than 4 years and not | 27 |
| more than 15 years;
| 28 |
| (5) for a Class 2 felony, the sentence shall be not | 29 |
| less than 3
years and not more than 7 years;
| 30 |
| (6) for a Class 3 felony, the sentence shall be not | 31 |
| less than 2
years and not more than 5 years;
| 32 |
| (7) for a Class 4 felony, the sentence shall be not | 33 |
| less than 1 year
and not more than 3 years.
| 34 |
| (b) The sentencing judge in each felony conviction shall | 35 |
| set forth
his reasons for imposing the particular sentence he | 36 |
| enters in the case,
as provided in Section 5-4-1 of this Code. |
|
|
|
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|
| 1 |
| Those reasons may include
any mitigating or aggravating factors | 2 |
| specified in this Code, or the
lack of any such circumstances, | 3 |
| as well as any other such factors as the
judge shall set forth | 4 |
| on the record that are consistent with the
purposes and | 5 |
| principles of sentencing set out in this Code.
| 6 |
| (c) A motion to reduce a sentence may be made, or the court | 7 |
| may reduce
a sentence without motion, within 30 days after the | 8 |
| sentence is imposed.
A defendant's challenge to the correctness | 9 |
| of a sentence or to any aspect of
the sentencing hearing shall | 10 |
| be made by a written motion filed within 30 days
following the | 11 |
| imposition of sentence. However, the court may not increase a
| 12 |
| sentence once it is imposed.
| 13 |
| If a motion filed pursuant to this subsection is timely | 14 |
| filed within 30 days
after the sentence is imposed, the | 15 |
| proponent of the motion shall exercise due
diligence in seeking | 16 |
| a determination on the motion and the court shall
thereafter | 17 |
| decide such motion within a reasonable time.
| 18 |
| If a motion filed pursuant to this subsection is timely | 19 |
| filed within 30 days
after the sentence is imposed, then for | 20 |
| purposes of perfecting an appeal, a
final judgment shall not be | 21 |
| considered to have been entered until the motion to
reduce a | 22 |
| sentence has been decided by order entered by the trial court.
| 23 |
| A motion filed pursuant to this subsection shall not be | 24 |
| considered to have
been timely
filed unless it is filed with | 25 |
| the circuit court clerk within 30 days after
the sentence is | 26 |
| imposed together with a notice of motion, which notice of
| 27 |
| motion shall set the motion on the court's calendar on a date | 28 |
| certain within
a reasonable time after the date of filing.
| 29 |
| (d) Except where a term of natural life is imposed, every | 30 |
| sentence
shall include as though written therein a term in | 31 |
| addition to the term
of imprisonment. For those sentenced under | 32 |
| the law in effect prior to
February 1, 1978, such term shall be | 33 |
| identified as a parole
term. For those sentenced on or after | 34 |
| February 1, 1978, such term
shall be identified as a mandatory | 35 |
| supervised release term. Subject to
earlier termination under | 36 |
| Section 3-3-8, the parole or mandatory
supervised release term |
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| shall be as follows:
| 2 |
| (1) for first degree murder or a Class X felony except | 3 |
| for the offenses of predatory criminal sexual assault of a | 4 |
| child, aggravated criminal sexual assault, and criminal | 5 |
| sexual assault if committed on or after the effective date | 6 |
| of this amendatory Act of the 94th General Assembly, 3 | 7 |
| years;
| 8 |
| (2) for a Class 1 felony or a Class 2 felony except for | 9 |
| the offense of criminal sexual assault if committed on or | 10 |
| after the effective date of this amendatory Act of the 94th | 11 |
| General Assembly, 2 years;
| 12 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 13 |
| (4) for defendants who commit the offense of predatory | 14 |
| criminal sexual assault of a child, aggravated criminal | 15 |
| sexual assault, or criminal sexual assault, on or after the | 16 |
| effective date of this amendatory Act of the 94th General | 17 |
| Assembly, the term of mandatory supervised release shall | 18 |
| range from a minimum of 3 years to a maximum of the natural | 19 |
| life of the defendant;
| 20 |
| (5) if the victim is under 18 years of age, for a | 21 |
| second or subsequent
offense of aggravated criminal sexual | 22 |
| abuse or felony criminal sexual abuse,
4 years, at least | 23 |
| the first 2 years of which the defendant shall serve in an
| 24 |
| electronic home detention program under Article 8A of | 25 |
| Chapter V of this Code.
| 26 |
| (e) A defendant who has a previous and unexpired sentence | 27 |
| of
imprisonment imposed by another state or by any district | 28 |
| court of the
United States and who, after sentence for a
crime | 29 |
| in Illinois, must return to serve the unexpired prior sentence | 30 |
| may
have his sentence by the Illinois court ordered to be | 31 |
| concurrent with
the prior sentence in the other state. The | 32 |
| court may order that any time
served on the unexpired portion | 33 |
| of the sentence in the other state,
prior to his return to | 34 |
| Illinois, shall be credited on his Illinois
sentence. The other | 35 |
| state shall be furnished with a copy of the order
imposing | 36 |
| sentence which shall provide that, when the offender is
|
|
|
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HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| released from confinement of the other state, whether by parole | 2 |
| or by
termination of sentence, the offender shall be | 3 |
| transferred by the
Sheriff of the committing county to the | 4 |
| Illinois Department of
Corrections. The court shall cause the | 5 |
| Department of Corrections to be
notified of such sentence at | 6 |
| the time of commitment and to be provided
with copies of all | 7 |
| records regarding the sentence.
| 8 |
| (f) A defendant who has a previous and unexpired sentence | 9 |
| of imprisonment
imposed by an Illinois circuit court for a | 10 |
| crime in this State and who is
subsequently sentenced to a term | 11 |
| of imprisonment by another state or by
any district court of | 12 |
| the United States and who has served a term of
imprisonment | 13 |
| imposed by the other state or district court of the United
| 14 |
| States, and must return to serve the unexpired prior sentence | 15 |
| imposed by
the Illinois Circuit Court may apply to the court | 16 |
| which imposed sentence to
have his sentence reduced.
| 17 |
| The circuit court may order that any time served on the | 18 |
| sentence imposed
by the other state or district court of the | 19 |
| United States be credited on
his Illinois sentence. Such | 20 |
| application for reduction of a sentence under
this subsection | 21 |
| (f) shall be made within 30 days after the defendant has
| 22 |
| completed the sentence imposed by the other state or district | 23 |
| court of the
United States.
| 24 |
| (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | 25 |
| 94-715, eff. 12-13-05 .)
| 26 |
| ARTICLE II. AMENDATORY PROVISIONS | 27 |
| Section 2-5. The Juvenile Court Act of 1987 is amended by | 28 |
| changing Section 2-13.1 as follows:
| 29 |
| (705 ILCS 405/2-13.1)
| 30 |
| Sec. 2-13.1. Early termination of reasonable efforts.
| 31 |
| (1) (a) In conjunction with, or at any time subsequent to, | 32 |
| the filing of a
petition on behalf of a minor in accordance | 33 |
| with Section 2-13 of this Act, the
State's Attorney, the |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| guardian ad litem, or the Department of Children and
Family | 2 |
| Services may file a motion
requesting a finding that reasonable | 3 |
| efforts to reunify that minor with his or
her parent or parents | 4 |
| are no longer required and are to cease.
| 5 |
| (b) The court shall grant this motion with respect to a
| 6 |
| parent of the minor if the court finds after a hearing that the | 7 |
| parent has:
| 8 |
| (i) had his or her parental rights to another child of | 9 |
| the parent
involuntarily
terminated; or
| 10 |
| (ii) been convicted of:
| 11 |
| (A) first degree or second degree murder of any
| 12 |
| another child of the parent;
| 13 |
| (B) (blank);
attempt or conspiracy to commit first | 14 |
| degree or second
degree murder of another child of the | 15 |
| parent;
| 16 |
| (C) (blank);
solicitation to commit murder of | 17 |
| another child of the parent,
solicitation to commit | 18 |
| murder for hire of another child of the parent, or
| 19 |
| solicitation to commit second degree murder of another | 20 |
| child of the parent;
| 21 |
| (D) aggravated battery, aggravated battery of a | 22 |
| child, or felony
domestic battery, aggravated domestic | 23 |
| battery, or heinous battery, any of which has resulted | 24 |
| in serious bodily injury to
the minor or another child | 25 |
| of the parent; or
| 26 |
| (D-1) predatory criminal sexual assault of a child | 27 |
| if the victim is the minor or another child of the | 28 |
| parent; | 29 |
| (D-2) female genital mutilation of a child if the | 30 |
| victim is the minor or another child of the parent; | 31 |
| ((D-3) attempt, conspiracy, or solicitation to | 32 |
| commit any of the above offenses; | 33 |
| (D-4) solicitation to commit murder of any child of | 34 |
| the parent, solicitation to commit murder for hire of | 35 |
| any child of the parent, or solicitation to commit | 36 |
| second degree murder of any child of the parent;
|
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| (E) an offense in any other state the elements of | 2 |
| which are similar and
bear substantial relationship to | 3 |
| any of the foregoing offenses unless the
court sets | 4 |
| forth in writing a compelling reason why terminating | 5 |
| reasonable
efforts to reunify the minor with the parent | 6 |
| would not be in the best interests
of that
minor.
| 7 |
| (c) The court shall also grant this motion with respect to | 8 |
| a parent of the
minor if:
| 9 |
| (i) after a hearing it determines that further | 10 |
| reunification services
would no longer be appropriate, and
| 11 |
| (ii) a dispositional hearing has already taken place.
| 12 |
| (2) (a) The court shall hold a permanency hearing within 30 | 13 |
| days of
granting a motion pursuant to this subsection. If an | 14 |
| adjudicatory or a
dispositional hearing, or both, has not taken | 15 |
| place when the court grants a
motion
pursuant to this Section, | 16 |
| then either or both hearings shall be held as needed
so that | 17 |
| both take place on or before the date a permanency hearing is | 18 |
| held
pursuant to this subsection.
| 19 |
| (b) Following a permanency hearing held pursuant to | 20 |
| paragraph (a) of this
subsection, the appointed custodian or | 21 |
| guardian of the minor shall make
reasonable efforts to place | 22 |
| the child in accordance with the permanency plan
and goal set | 23 |
| by the court, and to complete the necessary steps to locate and
| 24 |
| finalize a permanent placement.
| 25 |
| (Source: P.A. 90-608, eff. 6-30-98.)
| 26 |
| Section 2-10. The Criminal Code of 1961 is amended by | 27 |
| changing Sections 12-3.2 and 12-30 as follows:
| 28 |
| (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
| 29 |
| Sec. 12-3.2. Domestic Battery.
| 30 |
| (a) A person commits domestic battery if he intentionally | 31 |
| or knowingly
without legal justification by any means:
| 32 |
| (1) Causes bodily harm to any family or household | 33 |
| member as defined in
subsection (3) of Section 112A-3 of | 34 |
| the Code of Criminal Procedure of 1963, as
amended;
|
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| (2) Makes physical contact of an insulting or provoking | 2 |
| nature with any
family or household member as defined in | 3 |
| subsection (3) of Section 112A-3
of the Code of Criminal | 4 |
| Procedure of 1963, as amended.
| 5 |
| (b) Sentence. Domestic battery is a Class A misdemeanor.
| 6 |
| Domestic battery is a Class 4 felony if the defendant has any
| 7 |
| prior
conviction under this Code for any of the following | 8 |
| offenses when any of these offenses have been committed against | 9 |
| a family or household member as defined in Section 112A-3 of | 10 |
| the Code of Criminal Procedure of 1963: | 11 |
| (i) domestic battery (Section 12-3.2) , or
| 12 |
| (ii) violation
of an order of protection (Section | 13 |
| 12-30), or any prior conviction under the
law of another | 14 |
| jurisdiction for an offense which is substantially | 15 |
| similar.
Domestic battery is a Class 4 felony
if the
| 16 |
| defendant has any prior conviction under this Code
| 17 |
| (iii) for first degree murder
(Section 9-1), | 18 |
| (iv) attempt to
commit first degree murder (Section | 19 |
| 8-4), | 20 |
| (v) aggravated domestic battery (Section
12-3.3), | 21 |
| (vi) aggravated battery
(Section 12-4), | 22 |
| (vii) heinous battery (Section 12-4.1), | 23 |
| (viii) aggravated battery with a
firearm (Section | 24 |
| 12-4.2), | 25 |
| (ix) aggravated battery of a child (Section 12-4.3),
| 26 |
| (x) aggravated battery of
an unborn child (Section | 27 |
| 12-4.4), | 28 |
| (xi) aggravated battery of a senior citizen
(Section | 29 |
| 12-4.6), | 30 |
| (xii) stalking (Section 12-7.3), | 31 |
| (xiii) cyberstalking (Section 12-7.5),
| 32 |
| (xiv) aggravated stalking (Section
12-7.4), | 33 |
| (xv) criminal sexual assault (Section 12-13), or
| 34 |
| (xvi) aggravated criminal sexual
assault
(12-14), | 35 |
| (xvii) kidnapping (Section 10-1), | 36 |
| (xviii) aggravated kidnapping (Section 10-2),
|
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| (xix) predatory criminal sexual assault of a child | 2 |
| (Section 12-14.1), | 3 |
| (xx) aggravated
criminal sexual abuse (Section 12-16), | 4 |
| (xxi) unlawful restraint (Section 10-3),
| 5 |
| (xxii) aggravated unlawful restraint (Section 10-3.1), | 6 |
| (xxiii) aggravated arson (Section
20-1.1), or
| 7 |
| (xxiv) aggravated discharge of a firearm
(Section | 8 |
| 24-1.2), or | 9 |
| (xxv) home invasion (Section 12-11), or
| 10 |
| (xxvi) any prior conviction under the law of another
| 11 |
| jurisdiction for any offense that is substantially similar | 12 |
| to the offenses
listed in this Section , when any of these
| 13 |
| offenses have been committed
against a
family or household | 14 |
| member as defined in Section
112A-3 of the Code of Criminal | 15 |
| Procedure of 1963 . | 16 |
| In addition to any other
sentencing alternatives, for any | 17 |
| second or subsequent conviction of violating this
Section, the
| 18 |
| offender shall be mandatorily sentenced to a minimum of 72
| 19 |
| consecutive hours of
imprisonment. The imprisonment shall not | 20 |
| be subject to suspension, nor shall
the person be eligible for | 21 |
| probation in order to reduce the sentence.
| 22 |
| (c) Domestic battery committed in the presence of a child. | 23 |
| In addition to
any other sentencing alternatives, a defendant | 24 |
| who commits, in the presence of
a child, a felony domestic | 25 |
| battery (enhanced under subsection
(b)), aggravated domestic | 26 |
| battery (Section 12-3.3),
aggravated battery (Section 12-4), | 27 |
| unlawful restraint (Section
10-3), or aggravated unlawful | 28 |
| restraint (Section 10-3.1) against a family or
household | 29 |
| member, as defined in Section 112A-3 of the Code of Criminal
| 30 |
| Procedure of 1963, shall be required to serve a mandatory | 31 |
| minimum imprisonment
of 10 days or perform 300 hours of | 32 |
| community service, or both. The defendant
shall further be | 33 |
| liable for the cost of any counseling required for the child
at | 34 |
| the discretion of the court in accordance
with subsection (b) | 35 |
| of Section 5-5-6 of the Unified Code of Corrections.
For | 36 |
| purposes of this Section, "child" means a person under 18
years |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| of age
who is the defendant's or victim's child or step-child | 2 |
| or who is a minor child
residing
within or visiting the | 3 |
| household of the defendant or victim. For purposes of this | 4 |
| Section,
"in the presence of a child" means in the physical | 5 |
| presence of a child or
knowing or having reason to know that a | 6 |
| child is present and may see or hear an
act constituting one of | 7 |
| the offenses listed in this subsection.
| 8 |
| (Source: P.A. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148, | 9 |
| eff. 1-1-06.)
| 10 |
| (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
| 11 |
| Sec. 12-30. Violation of an order of protection.
| 12 |
| (a) A person commits violation of an order of protection | 13 |
| if:
| 14 |
| (1) He or she commits an act which was prohibited by a | 15 |
| court or fails
to commit
an act which was ordered by a | 16 |
| court in violation of:
| 17 |
| (i) a remedy in a valid
order of protection | 18 |
| authorized under paragraphs (1), (2), (3), (14),
or
| 19 |
| (14.5) of
subsection (b) of Section 214 of the Illinois | 20 |
| Domestic Violence Act of 1986,
| 21 |
| (ii) a remedy, which is substantially similar to | 22 |
| the remedies
authorized
under paragraphs (1), (2), | 23 |
| (3), (14) or (14.5) of subsection (b) of Section 214
of | 24 |
| the Illinois Domestic Violence Act of 1986, in a valid | 25 |
| order of protection,
which is authorized under the laws | 26 |
| of another state, tribe or United States
territory,
| 27 |
| (iii) any other remedy when the act constitutes a | 28 |
| crime against the
protected parties
as the term | 29 |
| protected parties is defined in Section 112A-4 of the | 30 |
| Code of
Criminal Procedure of 1963; and
| 31 |
| (2) Such violation occurs after the offender has been | 32 |
| served notice of
the contents of the order, pursuant to the | 33 |
| Illinois Domestic Violence
Act of 1986 or any substantially | 34 |
| similar statute of another state, tribe or
United
States | 35 |
| territory, or otherwise has acquired actual knowledge of |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| the contents
of the
order.
| 2 |
| An order of protection issued by a state, tribal or | 3 |
| territorial
court
related to domestic or family violence shall | 4 |
| be deemed valid if the issuing
court had jurisdiction over the | 5 |
| parties and matter under the law of the state,
tribe or | 6 |
| territory. There shall be a presumption of validity where an | 7 |
| order is
certified and appears authentic on its face.
| 8 |
| (a-5) Failure to provide reasonable notice and opportunity | 9 |
| to be heard
shall
be an affirmative defense to any charge or | 10 |
| process filed seeking enforcement of
a foreign order of | 11 |
| protection.
| 12 |
| (b) For purposes of this Section, an "order of protection" | 13 |
| may have been
issued in a criminal or civil proceeding.
| 14 |
| (c) Nothing in this Section shall be construed to diminish | 15 |
| the inherent
authority of the courts to enforce their lawful | 16 |
| orders through civil or
criminal contempt proceedings.
| 17 |
| (d) Violation of an order of protection under subsection | 18 |
| (a) of this
Section is a Class A misdemeanor.
Violation of an | 19 |
| order of protection under subsection (a) of this Section is a
| 20 |
| Class 4 felony if the defendant has any prior conviction for | 21 |
| any of the following offenses when these offenses have been | 22 |
| committed against a family or household member as defined in | 23 |
| Section 112A-3 of the Code of Criminal Procedure of 1963:
under | 24 |
| this Code | 25 |
| (i) for
domestic battery ( 720 ILCS 5/
Section 12-3.2) ,
| 26 |
| or
| 27 |
| (ii) violation of an order of protection ( 720 ILCS | 28 |
| 5/ Section
12-30) ,
. Violation of an order of protection is | 29 |
| a Class 4 felony if the
defendant has any prior conviction | 30 |
| under this Code for | 31 |
| (iii)
first degree murder ( 720 ILCS 5/ Section 9-1), | 32 |
| (iv) attempt to commit first degree murder
(Section | 33 |
| 8-4), | 34 |
| (v) aggravated domestic battery ( 720 ILCS 5/ Section
| 35 |
| 12-3.3), | 36 |
| (vi)
aggravated battery
( 720 ILCS 5/ Section 12-4),
|
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| (vii heinous battery ( 720 ILCS 5/ Section 12-4.1), | 2 |
| (viii) aggravated battery with a firearm ( 720 ILCS | 3 |
| 5/ Section
12-4.2), | 4 |
| (ix) aggravated battery of a child ( 720 ILCS 5/ Section
| 5 |
| 12-4.3), | 6 |
| (x) aggravated battery of
an unborn child ( 720 ILCS | 7 |
| 5/ Section 12-4.4), | 8 |
| (xi) aggravated battery of a senior citizen
( (720 ILCS | 9 |
| 5/ Section 12-4.6), | 10 |
| (xii)
stalking ( (720 ILCS 5/ Section 12-7.3), | 11 |
| (xiii)cyberstalking (720 ILCS 5/12-7.5),
| 12 |
| (xiv) aggravated stalking ( 720 ILCS 5/ Section
12-7.4),
| 13 |
| (xv) criminal sexual assault ( 720 ILCS 5/ Section
| 14 |
| 12-13), | 15 |
| (xvi) aggravated criminal sexual assault
(12-14), | 16 |
| (xvii) kidnapping ( 720 ILCS 5/ Section 10-1), | 17 |
| (xviii) aggravated kidnapping ( 720 ILCS 5/ Section
| 18 |
| 10-2), | 19 |
| (xix)
predatory criminal sexual assault of a child ( 720 | 20 |
| ILCS 5/ Section 12-14.1), | 21 |
| (xx)
aggravated criminal sexual abuse ( (720 ILCS | 22 |
| 5/ Section 12-16), | 23 |
| (xxi)
unlawful restraint ( 720 ILCS 5/ Section 10-3), | 24 |
| (xxii) aggravated unlawful restraint
( 720 ILCS | 25 |
| 5/ Section
10-3.1), | 26 |
| (xxiii)
aggravated arson ( 720 ILCS 5/ Section 20-1.1), | 27 |
| (xxiv) or aggravated discharge of a firearm
( 720 ILCS | 28 |
| 5/ Section 24-1.2), | 29 |
| (xxvi) telephone harassment or harassment through | 30 |
| electronic communications, if the prior conviction is a | 31 |
| felony (720 ILCS 135/2(b)),
| 32 |
| (xxvii) home invasion (720 ILCS 5/12-11), or
| 33 |
| (xxviii) any offense in any other state the elements of | 34 |
| which are similar and bear a substantial relationship to | 35 |
| any of the foregoing offenses.
| 36 |
|
when any of these offenses have been committed against |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| a family or
household member as defined in Section 112A-3 | 2 |
| of the Code of Criminal Procedure
of 1963. The court shall | 3 |
| impose a minimum penalty of 24 hours imprisonment for
| 4 |
| defendant's second or subsequent violation of any order of | 5 |
| protection; unless
the court explicitly finds that an | 6 |
| increased penalty or such period of
imprisonment would be | 7 |
| manifestly unjust. In addition to any other penalties,
the | 8 |
| court may order the defendant to pay a fine as authorized | 9 |
| under Section
5-9-1 of the Unified Code of Corrections or | 10 |
| to make restitution to the victim
under Section 5-5-6 of | 11 |
| the Unified Code of Corrections. In addition to any
other | 12 |
| penalties, including those imposed by Section 5-9-1.5 of | 13 |
| the Unified Code
of Corrections, the court shall impose an | 14 |
| additional fine of $20 as authorized
by Section 5-9-1.11 of | 15 |
| the Unified Code of Corrections upon any person
convicted | 16 |
| of or placed on supervision for a violation of this
| 17 |
| Section. The additional fine shall
be imposed for each | 18 |
| violation of this Section.
| 19 |
| (e) The limitations placed on law enforcement liability by | 20 |
| Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 21 |
| to actions taken under this
Section.
| 22 |
| (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | 23 |
| 92-827, eff.
8-22-02.)
| 24 |
| Section 2-15. The Harassing and Obscene Communications Act | 25 |
| is amended by changing Section 2 as follows:
| 26 |
| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| 27 |
| Sec. 2. Sentence.
| 28 |
| (a) Except as provided in
subsection (b), a
person who | 29 |
| violates any of the provisions of
Section 1, 1-1, or 1-2 of | 30 |
| this Act
is guilty of a Class B misdemeanor.
Except as provided
| 31 |
| in subsection (b), a second or subsequent
violation of Section | 32 |
| 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 33 |
| the
court
shall impose a minimum of 14 days in
jail or, if | 34 |
| public or
community service is established in the county in |
|
|
|
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| 1 |
| which the offender was
convicted, 240 hours of public or | 2 |
| community service.
| 3 |
| (b) In any of the following circumstances, a person who | 4 |
| violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 5 |
| a Class 4 felony:
| 6 |
| (1) The person has 3 or more prior violations in the | 7 |
| last 10 years of
harassment
by
telephone under Section 1-1 | 8 |
| of this Act, harassment through electronic
communications | 9 |
| under Section 1-2 of this Act, or any similar offense of | 10 |
| any
state;
| 11 |
| (2) The person has previously violated the harassment | 12 |
| by telephone
provisions of Section 1-1 of this Act or the | 13 |
| harassment through electronic
communications provisions of | 14 |
| Section 1-2 of this Act or committed any similar
offense in | 15 |
| any state with the same victim or a member of the victim's | 16 |
| family or
household;
| 17 |
| (3) At the time of the offense, the offender was under | 18 |
| conditions of bail,
probation, mandatory supervised | 19 |
| release or was the subject of an order of
protection, in | 20 |
| this or any other state, prohibiting contact with the | 21 |
| victim or
any member of the victim's family or household;
| 22 |
| (4) In the course of the offense, the offender | 23 |
| threatened to kill the
victim or any member of the victim's | 24 |
| family or household;
| 25 |
| (5) The person has been convicted in the last 10 years | 26 |
| of a forcible
felony
as defined in Section 2-8 of the | 27 |
| Criminal Code of 1961; or
| 28 |
| (6) The person violates paragraph (4.1) of Section 1-1 | 29 |
| or paragraph
(3.1) of subsection (a) of Section 1-2.
| 30 |
| (7) The person has a prior conviction for: | 31 |
| (i) violation of an order of protection (720 ILCS | 32 |
| 5/12-30); | 33 |
| (ii) stalking (720 ILCS 5/12-7.3); | 34 |
| (iii) aggravated stalking (720 ILCS 5/12-7.4); | 35 |
| (iv) cyberstalking (720 ILCS 5/12-7.5); | 36 |
| (v) home invasion, when the victim was a family or |
|
|
|
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| household member as defined in Section 112A-3 of the | 2 |
| Code of Criminal Procedure of 1963; or | 3 |
| (iv) any offense in any other state the elements of | 4 |
| which are similar and bear a substantial relationship | 5 |
| to any of the foregoing offenses.
| 6 |
| (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
| 7 |
| Section 2-20 The Code of Criminal Procedure of 1963 is | 8 |
| amended by changing Sections 115-7 and 115-10.2 as follows:
| 9 |
| (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| 10 |
| Sec. 115-7. a. In prosecutions for | 11 |
| (i) predatory criminal sexual assault of a
child, | 12 |
| (ii) aggravated criminal sexual assault, | 13 |
| (iii)
criminal sexual assault, | 14 |
| (iv) aggravated criminal sexual abuse, | 15 |
| (v)
criminal sexual abuse, or
| 16 |
| (vi) criminal transmission of HIV ,
; and in
prosecutions | 17 |
| for
| 18 |
| (vii) battery and aggravated battery, when the commission | 19 |
| of the
offense involves sexual penetration or sexual conduct as | 20 |
| defined in Section
12-12 of the Criminal Code of 1961 ,
; and | 21 |
| with the trial or retrial of | 22 |
| (viii) the
offenses formerly known as rape, deviate sexual | 23 |
| assault, indecent liberties
with a child, and aggravated | 24 |
| indecent liberties with a child, | 25 |
| (ix) solicitation, conspiracy, or attempt to commit any of | 26 |
| the foregoing offenses,
| 27 |
| the prior
sexual activity or the reputation of the alleged | 28 |
| victim or corroborating
witness under Section 115-7.3 of this | 29 |
| Code is inadmissible except
(1) as evidence
concerning the past | 30 |
| sexual conduct of the alleged victim or corroborating
witness | 31 |
| under Section 115-7.3 of this Code with the accused
when
this | 32 |
| evidence is offered by the accused upon the issue of whether | 33 |
| the alleged
victim or corroborating witness under Section | 34 |
| 115-7.3 of this Code
consented to the sexual conduct with |
|
|
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| 1 |
| respect to which the offense is
alleged; or (2) when | 2 |
| constitutionally required to be admitted.
| 3 |
| b. No evidence admissible under this Section shall be | 4 |
| introduced unless
ruled admissible by the trial judge after an | 5 |
| offer of proof has been made
at a hearing to be held in camera | 6 |
| in order to determine whether the defense
has evidence to | 7 |
| impeach the witness in the event that prior sexual activity
| 8 |
| with the defendant is denied. Such offer of proof shall include
| 9 |
| reasonably specific information as to the date, time and place | 10 |
| of the past
sexual conduct
between the alleged victim or | 11 |
| corroborating witness under Section 115-7.3 of
this Code and | 12 |
| the defendant. Unless the court finds
that reasonably specific | 13 |
| information as to date, time or place, or some
combination | 14 |
| thereof, has been offered as to prior sexual activity with
the | 15 |
| defendant, counsel for the defendant shall be ordered
to | 16 |
| refrain from inquiring into prior sexual activity between the | 17 |
| alleged
victim or corroborating witness under Section 115-7.3 | 18 |
| of this Code and the
defendant.
The court shall not admit | 19 |
| evidence under this Section unless it determines at
the hearing | 20 |
| that the evidence is relevant and the probative value of the
| 21 |
| evidence outweighs the danger of unfair prejudice. The evidence | 22 |
| shall be
admissible at trial to the extent an order made by the | 23 |
| court specifies the
evidence that may be admitted and areas | 24 |
| with respect to which the alleged
victim or corroborating | 25 |
| witness under Section 115-7.3 of this Code may be
examined or | 26 |
| cross examined.
| 27 |
| c. This amendatory Act of the 94th General Assembly is | 28 |
| declarative of existing law.
| 29 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | 30 |
| 90-132, eff.
1-1-98.)
| 31 |
| (725 ILCS 5/115-10.2)
| 32 |
| Sec. 115-10.2. Admissibility of prior statements when | 33 |
| witness refused to
testify despite a court order to testify. | 34 |
| (a) A statement not specifically covered by any other | 35 |
| hearsay exception
but having equivalent circumstantial |
|
|
|
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| guarantees of trustworthiness, is not
excluded by the hearsay | 2 |
| rule if the declarant is unavailable as defined in
subsection | 3 |
| (c) and if the court determines that:
| 4 |
| (1) the statement is offered as evidence of a material | 5 |
| fact; and
| 6 |
| (2) the statement is more probative on the point for | 7 |
| which it is offered
than any other evidence which the | 8 |
| proponent can procure through reasonable
efforts; and
| 9 |
| (3) the general purposes of this Section and the | 10 |
| interests of justice will
best be served by admission of | 11 |
| the statement into evidence.
| 12 |
| (b) A statement may not be admitted under this exception | 13 |
| unless the
proponent of it makes known to the adverse party | 14 |
| sufficiently in advance of the
trial or hearing to provide the | 15 |
| adverse party with a fair opportunity to
prepare to meet it, | 16 |
| the proponent's intention to offer the statement, and the
| 17 |
| particulars of the statement, including the name and
address of | 18 |
| the declarant.
| 19 |
| (c) Unavailability as a witness is limited to the situation | 20 |
| in which the
declarant persists in refusing to testify | 21 |
| concerning the subject matter of the
declarant's statement | 22 |
| despite an order of the court to do so.
| 23 |
| (d) A declarant is not unavailable as a witness if | 24 |
| exemption, refusal, claim
or lack of memory, inability or | 25 |
| absence is due to the procurement or wrongdoing
of the | 26 |
| proponent of a statement for purpose of preventing the witness | 27 |
| from
attending or testifying.
| 28 |
| (e) Nothing in this Section shall render a prior statement | 29 |
| inadmissible for
purposes of impeachment because the statement | 30 |
| was not recorded or otherwise
fails to meet the criteria set | 31 |
| forth in this Section. | 32 |
| (f) Prior statements of a testimonial nature are admissible | 33 |
| under this Section only if the statements were made under oath | 34 |
| and were subject to cross-examination by the adverse party in a | 35 |
| prior trial, hearing, or other proceeding.
| 36 |
| (g) This Amendatory Act of the 94th General Assembly is |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
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| 1 |
| declarative of existing law.
| 2 |
| (Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03; 94-53, | 3 |
| eff. 6-17-05.)
| 4 |
| Section 2-25. The Adoption Act is amended by changing | 5 |
| Section 1 as follows:
| 6 |
| (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 7 |
| Sec. 1. Definitions. When used in this Act, unless the | 8 |
| context
otherwise requires:
| 9 |
| A. "Child" means a person under legal age subject to | 10 |
| adoption under
this Act.
| 11 |
| B. "Related child" means a child subject to adoption where | 12 |
| either or both of
the adopting parents stands in any of the | 13 |
| following relationships to the child
by blood or marriage: | 14 |
| parent, grand-parent, brother, sister, step-parent,
| 15 |
| step-grandparent, step-brother, step-sister, uncle, aunt, | 16 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 17 |
| whose parent has executed
a final irrevocable consent to | 18 |
| adoption or a final irrevocable surrender
for purposes of | 19 |
| adoption, or whose parent has had his or her parental rights
| 20 |
| terminated, is not a related child to that person, unless the | 21 |
| consent is
determined to be void or is void pursuant to | 22 |
| subsection O of Section 10.
| 23 |
| C. "Agency" for the purpose of this Act means a public | 24 |
| child welfare agency
or a licensed child welfare agency.
| 25 |
| D. "Unfit person" means any person whom the court shall | 26 |
| find to be unfit
to have a child, without regard to the | 27 |
| likelihood that the child will be
placed for adoption. The | 28 |
| grounds of unfitness are any one or more
of the following, | 29 |
| except that a person shall not be considered an unfit
person | 30 |
| for the sole reason that the person has relinquished a child in
| 31 |
| accordance with the Abandoned Newborn Infant Protection Act:
| 32 |
| (a) Abandonment of the child.
| 33 |
| (a-1) Abandonment of a newborn infant in a hospital.
| 34 |
| (a-2) Abandonment of a newborn infant in any setting |
|
|
|
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| 1 |
| where the evidence
suggests that the parent intended to | 2 |
| relinquish his or her parental rights.
| 3 |
| (b) Failure to maintain a reasonable degree of | 4 |
| interest, concern or
responsibility as to the child's | 5 |
| welfare.
| 6 |
| (c) Desertion of the child for more than 3 months next | 7 |
| preceding the
commencement of the Adoption proceeding.
| 8 |
| (d) Substantial neglect
of the
child if continuous or | 9 |
| repeated.
| 10 |
| (d-1) Substantial neglect, if continuous or repeated, | 11 |
| of any child
residing in the household which resulted in | 12 |
| the death of that child.
| 13 |
| (e) Extreme or repeated cruelty to the child.
| 14 |
| (f) Two or more findings of physical abuse to any | 15 |
| children under Section
4-8 of the Juvenile Court Act or | 16 |
| Section 2-21 of the Juvenile Court Act
of 1987, the most | 17 |
| recent of which was determined by the juvenile court
| 18 |
| hearing the matter to be supported by clear and convincing | 19 |
| evidence; a
criminal conviction or a finding of not guilty | 20 |
| by reason of insanity
resulting from the death of any child | 21 |
| by physical child
abuse; or a finding of physical child | 22 |
| abuse resulting from the death of any
child under Section | 23 |
| 4-8 of the Juvenile Court Act or Section 2-21 of the
| 24 |
| Juvenile Court Act of 1987.
| 25 |
| (g) Failure to protect the child from conditions within | 26 |
| his environment
injurious to the child's welfare.
| 27 |
| (h) Other neglect of, or misconduct toward the child; | 28 |
| provided that in
making a finding of unfitness the court | 29 |
| hearing the adoption proceeding
shall not be bound by any | 30 |
| previous finding, order or judgment affecting
or | 31 |
| determining the rights of the parents toward the child | 32 |
| sought to be adopted
in any other proceeding except such | 33 |
| proceedings terminating parental rights
as shall be had | 34 |
| under either this Act, the Juvenile Court Act or
the | 35 |
| Juvenile Court Act of 1987.
| 36 |
| (i) Depravity. Conviction of any one of the following
|
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| crimes shall create a presumption that a parent is depraved | 2 |
| which can be
overcome only by clear and convincing | 3 |
| evidence:
(1) first degree murder in violation of paragraph | 4 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 5 |
| Code of 1961 or conviction
of second degree murder in | 6 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 7 |
| Code of 1961 of a parent of the child to be adopted; (2)
| 8 |
| first degree murder or second degree murder of any child in
| 9 |
| violation of the Criminal Code of 1961; (3)
(blank);
| 10 |
| attempt or conspiracy to commit first degree murder or | 11 |
| second degree murder
of any child in violation of the | 12 |
| Criminal Code of 1961; (4)
(blank);
solicitation to commit | 13 |
| murder of any child, solicitation to
commit murder of any | 14 |
| child for hire, or solicitation to commit second
degree | 15 |
| murder of any child in violation of the Criminal Code of | 16 |
| 1961; or (5)
aggravated criminal sexual assault in | 17 |
| violation of
Section 12-14(b)(1) of the Criminal Code of | 18 |
| 1961 ; (6) heinous battery of any child; (7) predatory | 19 |
| criminal sexual assault of a child; (8) female genital | 20 |
| mutilation of any child; (9) solicitation, conspiracy, or | 21 |
| attempt to commit any of the above offenses listed in this | 22 |
| clause (i); or (10) solicitation to commit murder of any | 23 |
| child, or solicitation to commit murder of any child for | 24 |
| hire .
| 25 |
| There is a rebuttable presumption that a parent is | 26 |
| depraved if the parent
has been criminally convicted of at | 27 |
| least 3 felonies under the laws of this
State or any other | 28 |
| state, or under federal law, or the criminal laws of any
| 29 |
| United States territory; and at least
one of these
| 30 |
| convictions took place within 5 years of the filing of the | 31 |
| petition or motion
seeking termination of parental rights.
| 32 |
| There is a rebuttable presumption that a parent is | 33 |
| depraved if that
parent
has
been criminally convicted of | 34 |
| either first or second degree murder of any person
as | 35 |
| defined in the Criminal Code of 1961 within 10 years of the | 36 |
| filing date of
the petition or motion to terminate parental |
|
|
|
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| 1 |
| rights.
| 2 |
| (j) Open and notorious adultery or fornication.
| 3 |
| (j-1) (Blank).
| 4 |
| (k) Habitual drunkenness or addiction to drugs, other | 5 |
| than those
prescribed by a physician, for at least one year | 6 |
| immediately
prior to the commencement of the unfitness | 7 |
| proceeding.
| 8 |
| There is a rebuttable presumption that a parent is | 9 |
| unfit under this
subsection
with respect to any child to | 10 |
| which that parent gives birth where there is a
confirmed
| 11 |
| test result that at birth the child's blood, urine, or | 12 |
| meconium contained any
amount of a controlled substance as | 13 |
| defined in subsection (f) of Section 102 of
the Illinois | 14 |
| Controlled Substances Act or metabolites of such | 15 |
| substances, the
presence of which in the newborn infant was | 16 |
| not the result of medical treatment
administered to the | 17 |
| mother or the newborn infant; and the biological mother of
| 18 |
| this child is the biological mother of at least one other | 19 |
| child who was
adjudicated a neglected minor under | 20 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 21 |
| 1987.
| 22 |
| (l) Failure to demonstrate a reasonable degree of | 23 |
| interest, concern or
responsibility as to the welfare of a | 24 |
| new born child during the first 30
days after its birth.
| 25 |
| (m) Failure by a parent (i) to make reasonable efforts | 26 |
| to correct the
conditions that were the basis for the | 27 |
| removal of the child from the
parent, or (ii) to make | 28 |
| reasonable progress toward the return of the child
to
the | 29 |
| parent within 9 months after an adjudication of neglected | 30 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 31 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 32 |
| or (iii) to make reasonable progress
toward the return of | 33 |
| the
child to the parent during any 9-month period after the | 34 |
| end of the initial
9-month period following the | 35 |
| adjudication of
neglected or abused minor under Section 2-3 | 36 |
| of the Juvenile Court
Act of 1987 or dependent minor under |
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| Section 2-4 of that Act.
If a service plan has been | 2 |
| established as
required under
Section 8.2 of the Abused and | 3 |
| Neglected Child Reporting Act to correct the
conditions | 4 |
| that were the basis for the removal of the child from the | 5 |
| parent
and if those services were available,
then, for | 6 |
| purposes of this Act, "failure to make reasonable progress | 7 |
| toward the
return of the child to the parent" includes (I) | 8 |
| the parent's failure to
substantially fulfill his or her | 9 |
| obligations under the
service plan and correct the | 10 |
| conditions that brought the child into care
within 9 months | 11 |
| after the adjudication under Section 2-3 or 2-4
of the | 12 |
| Juvenile Court Act of 1987
and (II) the parent's failure to | 13 |
| substantially fulfill his or her obligations
under
the | 14 |
| service plan and correct the conditions that brought the | 15 |
| child into care
during any 9-month period after the end of | 16 |
| the initial 9-month period
following the adjudication | 17 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 18 |
| Notwithstanding any other provision, when a petition or | 19 |
| motion seeks to terminate parental rights on the basis of | 20 |
| item (iii) of this subsection (m), the petitioner shall | 21 |
| file with the court and serve on the parties a pleading | 22 |
| that specifies the 9-month period or periods relied on. The | 23 |
| pleading shall be filed and served on the parties no later | 24 |
| than 3 weeks before the date set by the court for closure | 25 |
| of discovery, and the allegations in the pleading shall be | 26 |
| treated as incorporated into the petition or motion. | 27 |
| Failure of a respondent to file a written denial of the | 28 |
| allegations in the pleading shall not be treated as an | 29 |
| admission that the allegations are true.
| 30 |
| (m-1) Pursuant to the Juvenile Court Act of 1987, a | 31 |
| child
has been in foster care for 15 months out of any 22 | 32 |
| month period which begins
on or after the effective date of | 33 |
| this amendatory Act of 1998 unless the
child's parent can | 34 |
| prove
by a preponderance of the evidence that it is more | 35 |
| likely than not that it will
be in the best interests of | 36 |
| the child to be returned to the parent within 6
months of |
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| the date on which a petition for termination of parental | 2 |
| rights is
filed under the Juvenile Court Act of 1987. The | 3 |
| 15 month time limit is tolled
during
any period for which | 4 |
| there is a court finding that the appointed custodian or
| 5 |
| guardian failed to make reasonable efforts to reunify the | 6 |
| child with his or her
family, provided that (i) the finding | 7 |
| of no reasonable efforts is made within
60 days of the | 8 |
| period when reasonable efforts were not made or (ii) the | 9 |
| parent
filed a motion requesting a finding of no reasonable | 10 |
| efforts within 60 days of
the period when reasonable | 11 |
| efforts were not made. For purposes of this
subdivision | 12 |
| (m-1), the date of entering foster care is the earlier of: | 13 |
| (i) the
date of
a judicial finding at an adjudicatory | 14 |
| hearing that the child is an abused,
neglected, or | 15 |
| dependent minor; or (ii) 60 days after the date on which | 16 |
| the
child is removed from his or her parent, guardian, or | 17 |
| legal custodian.
| 18 |
| (n) Evidence of intent to forgo his or her parental | 19 |
| rights,
whether or
not the child is a ward of the court, | 20 |
| (1) as manifested
by his or her failure for a period of 12 | 21 |
| months: (i) to visit the child,
(ii) to communicate with | 22 |
| the child or agency, although able to do so and
not | 23 |
| prevented from doing so by an agency or by court order, or | 24 |
| (iii) to
maintain contact with or plan for the future of | 25 |
| the child, although physically
able to do so, or (2) as | 26 |
| manifested by the father's failure, where he
and the mother | 27 |
| of the child were unmarried to each other at the time of | 28 |
| the
child's birth, (i) to commence legal proceedings to | 29 |
| establish his paternity
under the Illinois Parentage Act of | 30 |
| 1984 or the law of the jurisdiction of
the child's birth | 31 |
| within 30 days of being informed, pursuant to Section 12a
| 32 |
| of this Act, that he is the father or the likely father of | 33 |
| the child or,
after being so informed where the child is | 34 |
| not yet born, within 30 days of
the child's birth, or (ii) | 35 |
| to make a good faith effort to pay a reasonable
amount of | 36 |
| the expenses related to the birth of the child and to |
|
|
|
HB5565 |
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LRB094 18455 RLC 53770 b |
|
| 1 |
| provide a
reasonable amount for the financial support of | 2 |
| the child, the court to
consider in its determination all | 3 |
| relevant circumstances, including the
financial condition | 4 |
| of both parents; provided that the ground for
termination | 5 |
| provided in this subparagraph (n)(2)(ii) shall only be
| 6 |
| available where the petition is brought by the mother or | 7 |
| the husband of
the mother.
| 8 |
| Contact or communication by a parent with his or her | 9 |
| child that does not
demonstrate affection and concern does | 10 |
| not constitute reasonable contact
and planning under | 11 |
| subdivision (n). In the absence of evidence to the
| 12 |
| contrary, the ability to visit, communicate, maintain | 13 |
| contact, pay
expenses and plan for the future shall be | 14 |
| presumed. The subjective intent
of the parent, whether | 15 |
| expressed or otherwise, unsupported by evidence of
the | 16 |
| foregoing parental acts manifesting that intent, shall not | 17 |
| preclude a
determination that the parent has intended to | 18 |
| forgo his or her
parental
rights. In making this | 19 |
| determination, the court may consider but shall not
require | 20 |
| a showing of diligent efforts by an authorized agency to | 21 |
| encourage
the parent to perform the acts specified in | 22 |
| subdivision (n).
| 23 |
| It shall be an affirmative defense to any allegation | 24 |
| under paragraph
(2) of this subsection that the father's | 25 |
| failure was due to circumstances
beyond his control or to | 26 |
| impediments created by the mother or any other
person | 27 |
| having legal custody. Proof of that fact need only be by a
| 28 |
| preponderance of the evidence.
| 29 |
| (o) Repeated or continuous failure by the parents, | 30 |
| although physically
and financially able, to provide the | 31 |
| child with adequate food, clothing,
or shelter.
| 32 |
| (p) Inability to discharge parental responsibilities | 33 |
| supported by
competent evidence from a psychiatrist, | 34 |
| licensed clinical social
worker, or clinical psychologist | 35 |
| of mental
impairment, mental illness or mental retardation | 36 |
| as defined in Section
1-116 of the Mental Health and |
|
|
|
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LRB094 18455 RLC 53770 b |
|
| 1 |
| Developmental Disabilities Code, or
developmental | 2 |
| disability as defined in Section 1-106 of that Code, and
| 3 |
| there is sufficient justification to believe that the | 4 |
| inability to
discharge parental responsibilities shall | 5 |
| extend beyond a reasonable
time period. However, this | 6 |
| subdivision (p) shall not be construed so as to
permit a | 7 |
| licensed clinical social worker to conduct any medical | 8 |
| diagnosis to
determine mental illness or mental | 9 |
| impairment.
| 10 |
| (q) The parent has been criminally convicted of | 11 |
| aggravated battery,
heinous battery, or attempted murder | 12 |
| of any child.
| 13 |
| (r) The child is in the temporary custody or | 14 |
| guardianship of the
Department of Children and Family | 15 |
| Services, the parent is incarcerated as a
result of | 16 |
| criminal conviction at the time the petition or motion for
| 17 |
| termination of parental rights is filed, prior to | 18 |
| incarceration the parent had
little or no contact with the | 19 |
| child or provided little or no support for the
child, and | 20 |
| the parent's incarceration will prevent the parent from | 21 |
| discharging
his or her parental responsibilities for the | 22 |
| child for a period in excess of 2
years after the filing of | 23 |
| the petition or motion for termination of parental
rights.
| 24 |
| (s) The child is in the temporary custody or | 25 |
| guardianship of the
Department of Children and Family | 26 |
| Services, the parent is incarcerated at the
time the | 27 |
| petition or motion for termination of parental rights is | 28 |
| filed, the
parent has been repeatedly incarcerated as a | 29 |
| result of criminal convictions,
and the parent's repeated | 30 |
| incarceration has prevented the parent from
discharging | 31 |
| his or her parental responsibilities for the child.
| 32 |
| (t) A finding that at birth the child's blood,
urine, | 33 |
| or meconium contained any amount of a controlled substance | 34 |
| as
defined in subsection (f) of Section 102 of the Illinois | 35 |
| Controlled Substances
Act, or a metabolite of a controlled | 36 |
| substance, with the exception of
controlled substances or |
|
|
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| metabolites of such substances, the presence of which
in | 2 |
| the newborn infant was the result of medical treatment | 3 |
| administered to the
mother or the newborn infant, and that | 4 |
| the biological mother of this child is
the biological | 5 |
| mother of at least one other child who was adjudicated a
| 6 |
| neglected minor under subsection (c) of Section 2-3 of the | 7 |
| Juvenile Court Act
of 1987, after which the biological | 8 |
| mother had the opportunity to enroll in
and participate in | 9 |
| a clinically appropriate substance abuse
counseling, | 10 |
| treatment, and rehabilitation program.
| 11 |
| E. "Parent" means the father or mother of a lawful child of | 12 |
| the parties or child born out of wedlock. For the purpose of | 13 |
| this Act, a person who has executed a final and
irrevocable | 14 |
| consent to adoption or a final and irrevocable surrender for
| 15 |
| purposes of adoption, or whose parental rights have been | 16 |
| terminated by a
court, is not a parent of the child who was the | 17 |
| subject of the consent or
surrender, unless the consent is void | 18 |
| pursuant to subsection O of Section 10.
| 19 |
| F. A person is available for adoption when the person is:
| 20 |
| (a) a child who has been surrendered for adoption to an | 21 |
| agency and to
whose adoption the agency has thereafter | 22 |
| consented;
| 23 |
| (b) a child to whose adoption a person authorized by | 24 |
| law, other than his
parents, has consented, or to whose | 25 |
| adoption no consent is required pursuant
to Section 8 of | 26 |
| this Act;
| 27 |
| (c) a child who is in the custody of persons who intend | 28 |
| to adopt him
through placement made by his parents;
| 29 |
| (c-1) a child for whom a parent has signed a specific | 30 |
| consent pursuant
to subsection O of Section 10;
| 31 |
| (d) an adult who meets the conditions set forth in | 32 |
| Section 3 of this
Act; or
| 33 |
| (e) a child who has been relinquished as defined in | 34 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
| 35 |
| A person who would otherwise be available for adoption | 36 |
| shall not be
deemed unavailable for adoption solely by reason |
|
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| of his or her death.
| 2 |
| G. The singular includes the plural and the plural includes
| 3 |
| the singular and the "male" includes the "female", as the | 4 |
| context of this
Act may require.
| 5 |
| H. "Adoption disruption" occurs when an adoptive placement | 6 |
| does not
prove successful and it becomes necessary for the | 7 |
| child to be removed from
placement before the adoption is | 8 |
| finalized.
| 9 |
| I. "Foreign placing agency" is an agency or individual | 10 |
| operating in a
country or territory outside the United States | 11 |
| that is authorized by its
country to place children for | 12 |
| adoption either directly with families in the
United States or | 13 |
| through United States based international agencies.
| 14 |
| J. "Immediate relatives" means the biological parents, the | 15 |
| parents of
the biological parents and siblings of the | 16 |
| biological parents.
| 17 |
| K. "Intercountry adoption" is a process by which a child | 18 |
| from a country
other than the United States is adopted.
| 19 |
| L. "Intercountry Adoption Coordinator" is a staff person of | 20 |
| the
Department of Children and Family Services appointed by the | 21 |
| Director to
coordinate the provision of services by the public | 22 |
| and private sector to
prospective parents of foreign-born | 23 |
| children.
| 24 |
| M. "Interstate Compact on the Placement of Children" is a | 25 |
| law enacted by
most states for the purpose of establishing | 26 |
| uniform procedures for handling
the interstate placement of | 27 |
| children in foster homes, adoptive homes, or
other child care | 28 |
| facilities.
| 29 |
| N. "Non-Compact state" means a state that has not enacted | 30 |
| the
Interstate Compact on the Placement of Children.
| 31 |
| O. "Preadoption requirements" are any conditions | 32 |
| established by the laws
or regulations of the Federal | 33 |
| Government or of each state that must be met
prior to the | 34 |
| placement of a child in an adoptive home.
| 35 |
| P. "Abused child" means a child whose parent or immediate | 36 |
| family member,
or any person responsible for the child's |
|
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| welfare, or any individual
residing in the same home as the | 2 |
| child, or a paramour of the child's parent:
| 3 |
| (a) inflicts, causes to be inflicted, or allows to be | 4 |
| inflicted upon
the child physical injury, by other than | 5 |
| accidental means, that causes
death, disfigurement, | 6 |
| impairment of physical or emotional health, or loss
or | 7 |
| impairment of any bodily function;
| 8 |
| (b) creates a substantial risk of physical injury to | 9 |
| the child by
other than accidental means which would be | 10 |
| likely to cause death,
disfigurement, impairment of | 11 |
| physical or emotional health, or loss or
impairment of any | 12 |
| bodily function;
| 13 |
| (c) commits or allows to be committed any sex offense | 14 |
| against the child,
as sex offenses are defined in the | 15 |
| Criminal Code of 1961
and extending those definitions of | 16 |
| sex offenses to include children under
18 years of age;
| 17 |
| (d) commits or allows to be committed an act or acts of | 18 |
| torture upon
the child; or
| 19 |
| (e) inflicts excessive corporal punishment.
| 20 |
| Q. "Neglected child" means any child whose parent or other | 21 |
| person
responsible for the child's welfare withholds or denies | 22 |
| nourishment or
medically indicated treatment including food or | 23 |
| care denied solely on the
basis of the present or anticipated | 24 |
| mental or physical impairment as determined
by a physician | 25 |
| acting alone or in consultation with other physicians or
| 26 |
| otherwise does not provide the proper or necessary support, | 27 |
| education
as required by law, or medical or other remedial care | 28 |
| recognized under State
law as necessary for a child's | 29 |
| well-being, or other care necessary for his
or her well-being, | 30 |
| including adequate food, clothing and shelter; or who
is | 31 |
| abandoned by his or her parents or other person responsible for | 32 |
| the child's
welfare.
| 33 |
| A child shall not be considered neglected or abused for the
| 34 |
| sole reason that the child's parent or other person responsible | 35 |
| for his
or her welfare depends upon spiritual means through | 36 |
| prayer alone for the
treatment or cure of disease or remedial |
|
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| care as provided under Section 4
of the Abused and Neglected | 2 |
| Child Reporting Act.
A child shall not be considered neglected | 3 |
| or abused for the sole reason that
the child's parent or other | 4 |
| person responsible for the child's welfare failed
to vaccinate, | 5 |
| delayed vaccination, or refused vaccination for the child
due | 6 |
| to a waiver on religious or medical grounds as permitted by | 7 |
| law.
| 8 |
| R. "Putative father" means a man who may be a child's | 9 |
| father, but who (1) is
not married to the child's mother on or | 10 |
| before the date that the child was or
is to be born and (2) has | 11 |
| not established paternity of the child in a court
proceeding | 12 |
| before the filing of a petition for the adoption of the child. | 13 |
| The
term includes a male who is less than 18 years of age. | 14 |
| "Putative father" does
not mean a man who is the child's father | 15 |
| as a result of criminal sexual abuse
or assault as defined | 16 |
| under Article 12 of the Criminal Code of 1961.
| 17 |
| S. "Standby adoption" means an adoption in which a parent
| 18 |
| consents to custody and termination of parental rights to | 19 |
| become
effective upon the occurrence of a future event, which | 20 |
| is either the death of
the
parent or the request of the parent
| 21 |
| for the entry of a final judgment of adoption.
| 22 |
| T. (Blank).
| 23 |
| (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563, | 24 |
| eff. 1-1-06; revised 8-23-05 .)
|
|