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90_HB2469eng
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
Amends the Criminal Code of 1961. Increases penalty for
aggravated discharge of a firearm committed in a school, on
the real property comprising a school, or within 1,000 feet
of the real property comprising a school from a Class 1
felony to a Class X felony. Effective immediately.
LRB9008819RCks
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 14-1, 14-2, 14-3, 16F-3, and 24-1.2 and by
6 changing and renumbering Section 14.4 as follows:
7 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
8 Sec. 14-1. Definition.
9 (a) Eavesdropping device.
10 An eavesdropping device is any device capable of being
11 used to hear or record oral conversation whether such
12 conversation is conducted in person, by telephone, or by any
13 other means; and shall also include any device, including but
14 not limited to pagers and fax machines, capable of receiving
15 telephonic, electronic, or radio communications in the form
16 of signs, signals, writings, images, or sounds from a
17 wireless or telephone service without the consent of the
18 service subscriber or user; Provided, however, that this
19 definition shall not include devices used for the restoration
20 of the deaf or hard-of-hearing to normal or partial hearing.
21 (b) Eavesdropper.
22 An eavesdropper is any person, including law enforcement
23 officers, who manufactures or possesses an eavesdropping
24 device knowing that the device will be used to receive the
25 wireless or telephone service without the consent of the
26 service subscriber or user, or who operates or participates
27 in the operation of any eavesdropping device contrary to the
28 provisions of this Article.
29 (c) Principal.
30 A principal is any person who:
31 (1) Knowingly employs another who illegally uses an
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1 eavesdropping device in the course of such employment; or
2 (2) Knowingly derives any benefit or information
3 from the illegal use of an eavesdropping device by
4 another; or
5 (3) Directs another to use an eavesdropping device
6 illegally on his behalf.
7 (d) Conversation.
8 For the purposes of this Article, the term conversation
9 means any oral communication or telephonic, electronic, or
10 radio communication in the form of signs, signals, writings,
11 images, or sounds transmitted through a wireless or
12 telephonic service between 2 or more persons regardless of
13 whether one or more of the parties intended their
14 communication to be of a private nature under circumstances
15 justifying that expectation.
16 (Source: P.A. 88-677, eff. 12-15-94.)
17 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
18 Sec. 14-2. Elements of the offense; affirmative defense.
19 A person commits eavesdropping when he:
20 (a) Uses or facilitates the use of an eavesdropping
21 device within the meaning of manufacturing or possession of
22 an eavesdropping device as defined in Section 14-1 to
23 observe, an eavesdropping device to hear, or record all or
24 any part of any conversation as defined in Section 14-1
25 unless he does so (1) with the consent of all of the parties
26 to such conversation or (2) in accordance with Article 108A
27 or Article 108B of the "Code of Criminal Procedure of 1963",
28 approved August 14, 1963, as amended; or
29 (b) Uses or divulges, except as authorized by this
30 Article or by Article 108A or 108B of the "Code of Criminal
31 Procedure of 1963", approved August 14, 1963, as amended, any
32 information which he knows or reasonably should know was
33 obtained through the use of an eavesdropping device.
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1 (c) It is an affirmative defense to a charge brought
2 under this Article relating to the interception of a
3 privileged communication that the person charged:
4 1. was a law enforcement officer acting pursuant to an
5 order of interception, entered pursuant to Section 108A-1 or
6 108B-5 of the Code of Criminal Procedure of 1963; and
7 2. at the time the communication was intercepted, the
8 officer was unaware that the communication was privileged;
9 and
10 3. stopped the interception within a reasonable time
11 after discovering that the communication was privileged; and
12 4. did not disclose the contents of the communication.
13 (Source: P.A. 85-1203.)
14 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
15 Sec. 14-3. Exemptions. The following activities shall
16 be exempt from the provisions of this Article:
17 (a) Listening to radio, wireless and television
18 communications of any sort where the same are publicly made;
19 (b) Hearing conversation when heard by employees of any
20 common carrier by wire incidental to the normal course of
21 their employment in the operation, maintenance or repair of
22 the equipment of such common carrier by wire so long as no
23 information obtained thereby is used or divulged by the
24 hearer;
25 (c) Any broadcast by radio, television or otherwise
26 whether it be a broadcast or recorded for the purpose of
27 later broadcasts of any function where the public is in
28 attendance and the conversations are overheard incidental to
29 the main purpose for which such broadcasts are then being
30 made;
31 (d) Recording or listening with the aid of any device to
32 any emergency communication made in the normal course of
33 operations by any federal, state or local law enforcement
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1 agency or institutions dealing in emergency services,
2 including, but not limited to, hospitals, clinics, ambulance
3 services, fire fighting agencies, any public utility,
4 emergency repair facility, civilian defense establishment or
5 military installation;
6 (e) Recording the proceedings of any meeting required to
7 be open by the Open Meetings Act, as amended; and
8 (f) Recording or listening with the aid of any device to
9 incoming telephone calls of phone lines publicly listed or
10 advertised as consumer "hotlines" by manufacturers or
11 retailers of food and drug products. Such recordings must be
12 destroyed, erased or turned over to local law enforcement
13 authorities within 24 hours from the time of such recording
14 and shall not be otherwise disseminated. Failure on the part
15 of the individual or business operating any such recording or
16 listening device to comply with the requirements of this
17 subsection shall eliminate any civil or criminal immunity
18 conferred upon that individual or business by the operation
19 of this Section.
20 (g) With prior notification to the State's Attorney of
21 the county in which it is to occur, recording or listening
22 with the aid of any device to any conversation where a law
23 enforcement officer, or any person acting at the direction of
24 law enforcement, is a party to the conversation and has
25 consented to it being intercepted or recorded under
26 circumstances where the use of the device is necessary for
27 the protection of the law enforcement officer or any person
28 acting at the direction of law enforcement, in the course of
29 an investigation of a forcible felony, a felony violation of
30 the Illinois Controlled Substances Act, a felony violation of
31 the Cannabis Control Act, or any "streetgang related" or
32 "gang-related" felony as those terms are defined in the
33 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
34 recording or evidence derived as the result of this exemption
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1 shall be inadmissible in any proceeding, criminal, civil or
2 administrative, except (i) where a party to the conversation
3 suffers great bodily injury or is killed during such
4 conversation, or (ii) when used as direct impeachment of a
5 witness concerning matters contained in the interception or
6 recording. The Director of the Department of State Police
7 shall issue regulations as are necessary concerning the use
8 of devices, retention of tape recordings, and reports
9 regarding their use.
10 (h) Recordings made simultaneously with a video
11 recording of an oral conversation between a peace officer,
12 who has identified his or her office, and a person stopped
13 for an investigation of an offense under the Illinois Vehicle
14 Code.
15 (i) Recording of a conversation made by or at the
16 request of a person, not a law enforcement officer or agent
17 of a law enforcement officer, who is a party to the
18 conversation, under reasonable suspicion that another party
19 to the conversation is committing, is about to commit, or has
20 committed a criminal offense against the person or a member
21 of his or her immediate household, and there is reason to
22 believe that evidence of the criminal offense may be obtained
23 by the recording.
24 (j) The use of a telephone monitoring device by either
25 (1) a corporation or other business entity engaged in
26 marketing or opinion research or (2) a corporation or other
27 business entity engaged in telephone solicitation, as defined
28 in this subsection, to record or listen to oral telephone
29 solicitation conversations or marketing or opinion research
30 conversations by an employee of the corporation or other
31 business entity when:
32 (i) the monitoring is used for the purpose of
33 service quality control of marketing or opinion research
34 or telephone solicitation, the education or training of
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1 employees or contractors engaged in marketing or opinion
2 research or telephone solicitation, or internal research
3 related to marketing or opinion research or telephone
4 solicitation; and
5 (ii) the monitoring is used with the consent of at
6 least one person who is an active party to the marketing
7 or opinion research conversation or telephone
8 solicitation conversation being monitored.
9 No communication or conversation or any part, portion, or
10 aspect of the communication or conversation made, acquired,
11 or obtained, directly or indirectly, under this exemption
12 (j), may be, directly or indirectly, furnished to any law
13 enforcement officer, agency, or official for any purpose or
14 used in any inquiry or investigation, or used, directly or
15 indirectly, in any administrative, judicial, or other
16 proceeding, or divulged to any third party.
17 When recording or listening authorized by this subsection
18 (j) on telephone lines used for marketing or opinion research
19 or telephone solicitation purposes results in recording or
20 listening to a conversation that does not relate to marketing
21 or opinion research or telephone solicitation; the person
22 recording or listening shall, immediately upon determining
23 that the conversation does not relate to marketing or opinion
24 research or telephone solicitation, terminate the recording
25 or listening and destroy any such recording as soon as is
26 practicable.
27 Business entities that use a telephone monitoring or
28 telephone recording system pursuant to this exemption (j)
29 shall provide current and prospective employees with notice
30 that the monitoring or recordings may occur during the course
31 of their employment. The notice shall include prominent
32 signage notification within the workplace.
33 Business entities that use a telephone monitoring or
34 telephone recording system pursuant to this exemption (j)
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1 shall provide their employees or agents with access to
2 personal-only telephone lines which may be pay telephones,
3 that are not subject to telephone monitoring or telephone
4 recording.
5 For the purposes of this subsection (j), "telephone
6 solicitation" means a communication through the use of a
7 telephone by live operators:
8 (i) soliciting the sale of goods or services;
9 (ii) receiving orders for the sale of goods or
10 services;
11 (iii) assisting in the use of goods or services; or
12 (iv) engaging in the solicitation, administration,
13 or collection of bank or retail credit accounts.
14 For the purposes of this subsection (j), "marketing or
15 opinion research" means a marketing or opinion research
16 interview conducted by a live telephone interviewer engaged
17 by a corporation or other business entity whose principal
18 business is the design, conduct, and analysis of polls and
19 surveys measuring the opinions, attitudes, and responses of
20 respondents toward products and services, or social or
21 political issues, or both.
22 (k) The recording by law enforcement officers of any
23 conversations or communications that do not qualify as
24 "private oral communications" as defined in Section 108B-1 of
25 the Code of Criminal Procedure of 1963. Any such wire,
26 electronic, or oral communications recorded or preserved
27 shall be admissible in any criminal, civil, or administrative
28 proceeding.
29 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
30 89-452, eff. 5-17-96.)
31 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
32 Sec. 14-4. 14.4. Sentence.)
33 (a) Eavesdropping, for a first offense, is a Class 4
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1 felony, and, for a second or subsequent offense, is a Class 3
2 felony.
3 (b) Eavesdropping of a conversation as defined in this
4 Article involving any peace officer, State's Attorneys and
5 their Assistant State's Attorneys, the Attorney General and
6 his or her Assistant Attorney Generals, Judges and members of
7 the General Assembly of the State of Illinois engaged in the
8 performance of their official duties is a Class 1 felony.
9 (Source: P.A. 79-781.)
10 (720 ILCS 5/16F-3)
11 Sec. 16F-3. Theft of wireless service.
12 (a) A person commits the offense of theft of wireless
13 service if he or she intentionally obtains wireless service
14 by the use of an unlawful wireless device or without the
15 consent of the wireless service provider.
16 (b) Theft of wireless service is a Class A misdemeanor
17 when the aggregate value of service obtained is less than
18 $300 and a Class 4 felony when the aggregate value of service
19 obtained is $300 or more. For a second or subsequent
20 offense, or if the person convicted of the offense has been
21 previously convicted of any similar crime in this or any
22 other state or federal jurisdiction, theft of wireless
23 service is a Class 2 felony.
24 (c) If the theft of wireless service is committed and
25 during the course of that theft the user utilizes the stolen
26 service to commit, facilitate, assist, aid, or agree to aid
27 in the commission of a separate felony as defined under
28 Section 5-1-9 of the Unified Code of Corrections, theft of
29 wireless service under this Section is a Class 1 felony.
30 (Source: P.A. 89-497, eff. 6-27-96.)
31 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
32 Sec. 24-1.2. Aggravated discharge of a firearm.
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1 (a) A person commits aggravated discharge of a firearm
2 when he knowingly or intentionally:
3 (1) Discharges a firearm at or into a building he
4 knows to be occupied and the firearm is discharged from a
5 place or position outside that building;
6 (2) Discharges a firearm in the direction of
7 another person or in the direction of a vehicle he knows
8 to be occupied;
9 (3) Discharges a firearm in the direction of a
10 person he knows to be a peace officer, a person summoned
11 or directed by a peace officer, a correctional
12 institution employee, or a fireman while the officer,
13 employee or fireman is engaged in the execution of any of
14 his official duties, or to prevent the officer, employee
15 or fireman from performing his official duties, or in
16 retaliation for the officer, employee or fireman
17 performing his official duties;
18 (4) Discharges a firearm in the direction of a
19 vehicle he knows to be occupied by a peace officer, a
20 person summoned or directed by a peace officer, a
21 correctional institution employee or a fireman while the
22 officer, employee or fireman is engaged in the execution
23 of any of his official duties, or to prevent the officer,
24 employee or fireman from performing his official duties,
25 or in retaliation for the officer, employee or fireman
26 performing his official duties;
27 (5) Discharges a firearm in the direction of a
28 person he knows to be an emergency medical technician -
29 ambulance, emergency medical technician - intermediate,
30 emergency medical technician - paramedic, ambulance
31 driver, or other medical assistance or first aid
32 personnel, employed by a municipality or other
33 governmental unit, while the emergency medical technician
34 - ambulance, emergency medical technician - intermediate,
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1 emergency medical technician - paramedic, ambulance
2 driver, or other medical assistance or first aid
3 personnel is engaged in the execution of any of his
4 official duties, or to prevent the emergency medical
5 technician - ambulance, emergency medical technician -
6 intermediate, emergency medical technician - paramedic,
7 ambulance driver, or other medical assistance or first
8 aid personnel from performing his official duties, or in
9 retaliation for the emergency medical technician -
10 ambulance, emergency medical technician - intermediate,
11 emergency medical technician - paramedic, ambulance
12 driver, or other medical assistance or first aid
13 personnel performing his official duties; or
14 (6) Discharges a firearm in the direction of a
15 vehicle he knows to be occupied by an emergency medical
16 technician - ambulance, emergency medical technician -
17 intermediate, emergency medical technician - paramedic,,
18 ambulance driver, or other medical assistance or first
19 aid personnel, employed by a municipality or other
20 governmental unit, while the emergency medical technician
21 - ambulance, emergency medical technician - intermediate,
22 emergency medical technician - paramedic, ambulance
23 driver, or other medical assistance or first aid
24 personnel is engaged in the execution of any of his
25 official duties, or to prevent the emergency medical
26 technician - ambulance, emergency medical technician -
27 intermediate, emergency medical technician - paramedic,
28 ambulance driver, or other medical assistance or first
29 aid personnel from performing his official duties, or in
30 retaliation for the emergency medical technician -
31 ambulance, emergency medical technician - intermediate,
32 emergency medical technician - paramedic, ambulance
33 driver, or other medical assistance or first aid
34 personnel performing his official duties.
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1 (b) A violation of subsection (a) (1) or subsection
2 (a) (2) of this Section is a Class 1 felony. A violation of
3 subsection (a)(1) or (a)(2) of this Section committed in a
4 school or on the real property comprising a school,
5 regardless of the time of the day or time of year that the
6 offense was committed, is a Class X felony. A violation of
7 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
8 Section is a Class X felony for which the sentence shall be a
9 term of imprisonment of no less than 10 years and not more
10 than 45 years.
11 (c) For purposes of this Section, "school" means any
12 public or private elementary or secondary school, community
13 college, college, or university.
14 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
15 Section 10. The Code of Criminal Procedure of 1963 is
16 amended by changing Section 108B-1 as follows:
17 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
18 Sec. 108B-1. Definitions. For the purpose of this
19 Article:
20 (a) "Aggrieved person" means a person who was a party to
21 any intercepted wire or oral communication or any person
22 against whom the intercept was directed.
23 (b) "Chief Judge" means, when referring to a judge
24 authorized to receive application for, and to enter orders
25 authorizing, interceptions of private oral communications,
26 the Chief Judge of the Circuit Court wherein the application
27 for order of interception is filed, or a Circuit Judge
28 designated by the Chief Judge to enter these orders. In
29 circuits other than the Cook County Circuit, "Chief Judge"
30 also means, when referring to a judge authorized to receive
31 application for, and to enter orders authorizing,
32 interceptions of private oral communications, an Associate
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1 Judge authorized by Supreme Court Rule to try felony cases
2 who is assigned by the Chief Judge to enter these orders.
3 After assignment by the Chief Judge, an Associate Judge shall
4 have plenary authority to issue orders without additional
5 authorization for each specific application made to him by
6 the State's Attorney until the time the Associate Judge's
7 power is rescinded by the Chief Judge.
8 (c) "Communications common carrier" means any person
9 engaged as a common carrier for hire in the transmission of
10 communications by wire or radio, not including radio
11 broadcasting.
12 (d) "Contents" includes information obtained from a
13 private oral communication concerning the existence,
14 substance, purport or meaning of the communication, or the
15 identity of a party of the communication.
16 (e) "Court of competent jurisdiction" means any circuit
17 court.
18 (f) "Department" means Illinois Department of State
19 Police.
20 (g) "Director" means Director of the Illinois Department
21 of State Police.
22 (h) "Electronic criminal surveillance device" or
23 "eavesdropping device" means any device or apparatus,
24 including an induction coil, that can be used to intercept
25 human speech other than:
26 (1) Any telephone, telegraph or telecommunication
27 instrument, equipment or facility, or any component of
28 it, furnished to the subscriber or user by a
29 communication common carrier in the ordinary course of
30 its business, or purchased by any person and being used
31 by the subscriber, user or person in the ordinary course
32 of his business, or being used by a communications common
33 carrier in the ordinary course of its business, or by an
34 investigative or law enforcement officer in the ordinary
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1 course of his duties; or
2 (2) A hearing aid or similar device being used to
3 correct subnormal hearing to not better than normal.
4 (i) "Electronic criminal surveillance officer" means any
5 law enforcement officer of the United States or of the State
6 or political subdivision of it, or of another State, or of a
7 political subdivision of it, who is certified by the Illinois
8 Department of State Police to intercept private oral
9 communications.
10 (j) "In-progress trace" means to determine the origin of
11 a wire communication to a telephone or telegraph instrument,
12 equipment or facility during the course of the communication.
13 (k) "Intercept" means the aural acquisition of the
14 contents of any oral communication through the use of any
15 electronic criminal surveillance device.
16 (l) "Journalist" means a person engaged in, connected
17 with, or employed by news media, including newspapers,
18 magazines, press associations, news agencies, wire services,
19 radio, television or other similar media, for the purpose of
20 gathering, processing, transmitting, compiling, editing or
21 disseminating news for the general public.
22 (m) "Law enforcement agency" means any law enforcement
23 agency of the United States, or the State or a political
24 subdivision of it.
25 (n) "Oral communication" means human speech used to
26 communicate by one party to another, in person, by wire
27 communication or by any other means.
28 (o) "Private oral communication" means a wire,
29 electronic, or oral communication uttered by a person
30 exhibiting an expectation that the communication is not
31 subject to interception, under circumstances reasonably
32 justifying the expectation. Circumstances that reasonably
33 justify the expectation that a communication is not subject
34 to interception include the use of a cordless telephone,
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1 telecommunications device, or cellular communication device.
2 Circumstances that do not justify an expectation of
3 privacy include all wire, electronic, or oral communications
4 that are made during the course of theft of a wireless
5 service or any other unauthorized service of a
6 telecommunications device.
7 (p) "Wire communication" means any human speech used to
8 communicate by one party to another in whole or in part
9 through the use of facilities for the transmission of
10 communications by wire, cable or other like connection
11 between the point of origin and the point of reception
12 furnished or operated by a communications common carrier.
13 (q) "Privileged communications" means a private oral
14 communication between:
15 (1) a licensed and practicing physician and a
16 patient within the scope of the profession of the
17 physician;
18 (2) a licensed and practicing psychologist to a
19 patient within the scope of the profession of the
20 psychologist;
21 (3) a licensed and practicing attorney-at-law and a
22 client within the scope of the profession of the lawyer;
23 (4) a practicing clergyman and a confidant within
24 the scope of the profession of the clergyman;
25 (5) a practicing journalist within the scope of his
26 profession;
27 (6) spouses within the scope of their marital
28 relationship; or
29 (7) a licensed and practicing social worker to a
30 client within the scope of the profession of the social
31 worker.
32 (r) "Telecommunications device" means any type of
33 instrument, device, machine, or equipment that is capable of
34 transmitting or receiving telephonic, electronic, or radio
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1 communications, or any part of that instrument, device,
2 machine, or equipment, or any computer circuit, computer
3 chip, electronic mechanism, or other component which is
4 capable of facilitating the transmission or reception of
5 telephonic, electronic, or radio communications.
6 (s) "Electronic communication" means any transfer of
7 signs, signals, writing, images, sounds, data, or
8 intelligence of any nature transmitted in whole or in part by
9 wire, radio, electromagnetic, photoelectronic or photooptical
10 system, but does not include:
11 (i) any wire or oral communication;
12 (ii) any communication made through a tone only
13 paging device; or
14 (iii) any communication from a tracking device.
15 (t) "Electronic stored communication" means any
16 temporary, intermediate storage of a wire or electronic
17 communication incidental to the electronic transmission of
18 the communication; and any storage of the communication by an
19 electronic communication service for purposes of backup
20 protection of the communication.
21 (Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)
22 Section 15. The Unified Code of Corrections is amended
23 by changing Section 5-5-3 as follows:
24 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
25 Sec. 5-5-3. Disposition.
26 (a) Every person convicted of an offense shall be
27 sentenced as provided in this Section.
28 (b) The following options shall be appropriate
29 dispositions, alone or in combination, for all felonies and
30 misdemeanors other than those identified in subsection (c) of
31 this Section:
32 (1) A period of probation.
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1 (2) A term of periodic imprisonment.
2 (3) A term of conditional discharge.
3 (4) A term of imprisonment.
4 (5) An order directing the offender to clean up and
5 repair the damage, if the offender was convicted under
6 paragraph (h) of Section 21-1 of the Criminal Code of
7 1961.
8 (6) A fine.
9 (7) An order directing the offender to make
10 restitution to the victim under Section 5-5-6 of this
11 Code.
12 (8) A sentence of participation in a county impact
13 incarceration program under Section 5-8-1.2 of this Code.
14 Whenever an individual is sentenced for an offense based
15 upon an arrest for a violation of Section 11-501 of the
16 Illinois Vehicle Code, or a similar provision of a local
17 ordinance, and the professional evaluation recommends
18 remedial or rehabilitative treatment or education, neither
19 the treatment nor the education shall be the sole disposition
20 and either or both may be imposed only in conjunction with
21 another disposition. The court shall monitor compliance with
22 any remedial education or treatment recommendations contained
23 in the professional evaluation. Programs conducting alcohol
24 or other drug evaluation or remedial education must be
25 licensed by the Department of Human Services. However, if
26 the individual is not a resident of Illinois, the court may
27 accept an alcohol or other drug evaluation or remedial
28 education program in the state of such individual's
29 residence. Programs providing treatment must be licensed
30 under existing applicable alcoholism and drug treatment
31 licensure standards.
32 In addition to any other fine or penalty required by law,
33 any individual convicted of a violation of Section 11-501 of
34 the Illinois Vehicle Code or a similar provision of local
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1 ordinance, whose operation of a motor vehicle while in
2 violation of Section 11-501 or such ordinance proximately
3 caused an incident resulting in an appropriate emergency
4 response, shall be required to make restitution to a public
5 agency for the costs of that emergency response. Such
6 restitution shall not exceed $500 per public agency for each
7 such emergency response. For the purpose of this paragraph,
8 emergency response shall mean any incident requiring a
9 response by: a police officer as defined under Section 1-162
10 of the Illinois Vehicle Code; a fireman carried on the rolls
11 of a regularly constituted fire department; and an ambulance
12 as defined under Section 4.05 of the Emergency Medical
13 Services (EMS) Systems Act.
14 Neither a fine nor restitution shall be the sole
15 disposition for a felony and either or both may be imposed
16 only in conjunction with another disposition.
17 (c) (1) When a defendant is found guilty of first degree
18 murder the State may either seek a sentence of
19 imprisonment under Section 5-8-1 of this Code, or where
20 appropriate seek a sentence of death under Section 9-1 of
21 the Criminal Code of 1961.
22 (2) A period of probation, a term of periodic
23 imprisonment or conditional discharge shall not be
24 imposed for the following offenses. The court shall
25 sentence the offender to not less than the minimum term
26 of imprisonment set forth in this Code for the following
27 offenses, and may order a fine or restitution or both in
28 conjunction with such term of imprisonment:
29 (A) First degree murder where the death
30 penalty is not imposed.
31 (B) Attempted first degree murder.
32 (C) A Class X felony.
33 (D) A violation of Section 401.1 or 407 of the
34 Illinois Controlled Substances Act, or a violation
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1 of subdivision (c)(2) of Section 401 of that Act
2 which relates to more than 5 grams of a substance
3 containing cocaine or an analog thereof.
4 (E) A violation of Section 5.1 or 9 of the
5 Cannabis Control Act.
6 (F) A Class 2 or greater felony if the
7 offender had been convicted of a Class 2 or greater
8 felony within 10 years of the date on which he
9 committed the offense for which he is being
10 sentenced.
11 (G) Residential burglary.
12 (H) Criminal sexual assault, except as
13 otherwise provided in subsection (e) of this
14 Section.
15 (I) Aggravated battery of a senior citizen.
16 (J) A forcible felony if the offense was
17 related to the activities of an organized gang.
18 Before July 1, 1994, for the purposes of this
19 paragraph, "organized gang" means an association of
20 5 or more persons, with an established hierarchy,
21 that encourages members of the association to
22 perpetrate crimes or provides support to the members
23 of the association who do commit crimes.
24 Beginning July 1, 1994, for the purposes of
25 this paragraph, "organized gang" has the meaning
26 ascribed to it in Section 10 of the Illinois
27 Streetgang Terrorism Omnibus Prevention Act.
28 (K) Vehicular hijacking.
29 (L) A second or subsequent conviction for the
30 offense of hate crime when the underlying offense
31 upon which the hate crime is based is felony
32 aggravated assault or felony mob action.
33 (M) A second or subsequent conviction for the
34 offense of institutional vandalism if the damage to
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1 the property exceeds $300.
2 (N) A Class 3 felony violation of paragraph
3 (1) of subsection (a) of Section 2 of the Firearm
4 Owners Identification Card Act.
5 (O) A violation of Section 12-6.1 of the
6 Criminal Code of 1961.
7 (P) A violation of paragraph (1), (2), (3),
8 (4), (5), or (7) of subsection (a) of Section
9 11-20.1 of the Criminal Code of 1961.
10 (Q) A violation of subsection (c) of Section
11 16F-3 of the Criminal Code of 1961.
12 (3) A minimum term of imprisonment of not less than
13 48 consecutive hours or 100 hours of community service as
14 may be determined by the court shall be imposed for a
15 second or subsequent violation committed within 5 years
16 of a previous violation of Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance.
18 (4) A minimum term of imprisonment of not less than
19 7 consecutive days or 30 days of community service shall
20 be imposed for a violation of paragraph (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.1) A minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or
24 720 hours of community service, as may be determined by
25 the court, shall be imposed for a violation of Section
26 11-501 of the Illinois Vehicle Code during a period in
27 which the defendant's driving privileges are revoked or
28 suspended, where the revocation or suspension was for a
29 violation of Section 11-501 or Section 11-501.1 of that
30 Code.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (6) In no case shall an offender be eligible for a
5 disposition of probation or conditional discharge for a
6 Class 1 felony committed while he was serving a term of
7 probation or conditional discharge for a felony.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (8) When a defendant, over the age of 21 years, is
13 convicted of a Class 1 or Class 2 felony, after having
14 twice been convicted of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (10) Beginning July 1, 1994, unless sentencing
28 under Section 33B-1 is applicable, a term of imprisonment
29 of not less than 15 years nor more than 50 years shall be
30 imposed on a defendant who violates Section 33A-2 of the
31 Criminal Code of 1961 with a firearm, when that person
32 has been convicted in any state or federal court of 3 or
33 more of the following offenses: treason, first degree
34 murder, second degree murder, aggravated criminal sexual
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1 assault, criminal sexual assault, robbery, burglary,
2 arson, kidnaping, aggravated battery resulting in great
3 bodily harm or permanent disability or disfigurement, or
4 a violation of Section 401(a) of the Illinois Controlled
5 Substances Act, when the third offense was committed
6 after conviction on the second, the second offense was
7 committed after conviction on the first, and the
8 violation of Section 33A-2 of the Criminal Code of 1961
9 was committed after conviction on the third.
10 (11) Beginning July 1, 1994, a term of imprisonment
11 of not less than 10 years and not more than 30 years
12 shall be imposed on a defendant who violates Section
13 33A-2 with a Category I weapon where the offense was
14 committed in any school, or any conveyance owned, leased,
15 or contracted by a school to transport students to or
16 from school or a school related activity, on the real
17 property comprising any school or public park, and where
18 the offense was related to the activities of an organized
19 gang. For the purposes of this paragraph (11),
20 "organized gang" has the meaning ascribed to it in
21 Section 10 of the Illinois Streetgang Terrorism Omnibus
22 Prevention Act.
23 (d) In any case in which a sentence originally imposed
24 is vacated, the case shall be remanded to the trial court.
25 The trial court shall hold a hearing under Section 5-4-1 of
26 the Unified Code of Corrections which may include evidence of
27 the defendant's life, moral character and occupation during
28 the time since the original sentence was passed. The trial
29 court shall then impose sentence upon the defendant. The
30 trial court may impose any sentence which could have been
31 imposed at the original trial subject to Section 5-5-4 of the
32 Unified Code of Corrections.
33 (e) In cases where prosecution for criminal sexual
34 assault or aggravated criminal sexual abuse under Section
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1 12-13 or 12-16 of the Criminal Code of 1961 results in
2 conviction of a defendant who was a family member of the
3 victim at the time of the commission of the offense, the
4 court shall consider the safety and welfare of the victim and
5 may impose a sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a
9 court approved counseling program for a minimum
10 duration of 2 years; or
11 (B) the defendant is willing to participate in
12 a court approved plan including but not limited to
13 the defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the
19 victim; and
20 (v) compliance with any other measures
21 that the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the
24 court finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18
27 years of age at the time the offense was committed and
28 requires counseling as a result of the offense.
29 Probation may be revoked or modified pursuant to Section
30 5-6-4; except where the court determines at the hearing that
31 the defendant violated a condition of his or her probation
32 restricting contact with the victim or other family members
33 or commits another offense with the victim or other family
34 members, the court shall revoke the defendant's probation and
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1 impose a term of imprisonment.
2 For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5 (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to
8 impose any other civil penalty.
9 (g) Whenever a defendant is convicted of an offense
10 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12 12-15 or 12-16 of the Criminal Code of 1961, the defendant
13 shall undergo medical testing to determine whether the
14 defendant has any sexually transmissible disease, including a
15 test for infection with human immunodeficiency virus (HIV) or
16 any other identified causative agent of acquired
17 immunodeficiency syndrome (AIDS). Any such medical test
18 shall be performed only by appropriately licensed medical
19 practitioners and may include an analysis of any bodily
20 fluids as well as an examination of the defendant's person.
21 Except as otherwise provided by law, the results of such test
22 shall be kept strictly confidential by all medical personnel
23 involved in the testing and must be personally delivered in a
24 sealed envelope to the judge of the court in which the
25 conviction was entered for the judge's inspection in camera.
26 Acting in accordance with the best interests of the victim
27 and the public, the judge shall have the discretion to
28 determine to whom, if anyone, the results of the testing may
29 be revealed. The court shall notify the defendant of the test
30 results. The court shall also notify the victim if requested
31 by the victim, and if the victim is under the age of 15 and
32 if requested by the victim's parents or legal guardian, the
33 court shall notify the victim's parents or legal guardian of
34 the test results. The court shall provide information on the
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1 availability of HIV testing and counseling at Department of
2 Public Health facilities to all parties to whom the results
3 of the testing are revealed and shall direct the State's
4 Attorney to provide the information to the victim when
5 possible. A State's Attorney may petition the court to obtain
6 the results of any HIV test administered under this Section,
7 and the court shall grant the disclosure if the State's
8 Attorney shows it is relevant in order to prosecute a charge
9 of criminal transmission of HIV under Section 12-16.2 of the
10 Criminal Code of 1961 against the defendant. The court shall
11 order that the cost of any such test shall be paid by the
12 county and may be taxed as costs against the convicted
13 defendant.
14 (g-5) When an inmate is tested for an airborne
15 communicable disease, as determined by the Illinois
16 Department of Public Health including but not limited to
17 tuberculosis, the results of the test shall be personally
18 delivered by the warden or his or her designee in a sealed
19 envelope to the judge of the court in which the inmate must
20 appear for the judge's inspection in camera if requested by
21 the judge. Acting in accordance with the best interests of
22 those in the courtroom, the judge shall have the discretion
23 to determine what if any precautions need to be taken to
24 prevent transmission of the disease in the courtroom.
25 (h) Whenever a defendant is convicted of an offense
26 under Section 1 or 2 of the Hypodermic Syringes and Needles
27 Act, the defendant shall undergo medical testing to determine
28 whether the defendant has been exposed to human
29 immunodeficiency virus (HIV) or any other identified
30 causative agent of acquired immunodeficiency syndrome (AIDS).
31 Except as otherwise provided by law, the results of such test
32 shall be kept strictly confidential by all medical personnel
33 involved in the testing and must be personally delivered in a
34 sealed envelope to the judge of the court in which the
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1 conviction was entered for the judge's inspection in camera.
2 Acting in accordance with the best interests of the public,
3 the judge shall have the discretion to determine to whom, if
4 anyone, the results of the testing may be revealed. The court
5 shall notify the defendant of a positive test showing an
6 infection with the human immunodeficiency virus (HIV). The
7 court shall provide information on the availability of HIV
8 testing and counseling at Department of Public Health
9 facilities to all parties to whom the results of the testing
10 are revealed and shall direct the State's Attorney to provide
11 the information to the victim when possible. A State's
12 Attorney may petition the court to obtain the results of any
13 HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it
15 is relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal
17 Code of 1961 against the defendant. The court shall order
18 that the cost of any such test shall be paid by the county
19 and may be taxed as costs against the convicted defendant.
20 (i) All fines and penalties imposed under this Section
21 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
22 Vehicle Code, or a similar provision of a local ordinance,
23 and any violation of the Child Passenger Protection Act, or a
24 similar provision of a local ordinance, shall be collected
25 and disbursed by the circuit clerk as provided under Section
26 27.5 of the Clerks of Courts Act.
27 (j) In cases when prosecution for any violation of
28 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
29 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
30 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
31 12-16 of the Criminal Code of 1961, any violation of the
32 Illinois Controlled Substances Act, or any violation of the
33 Cannabis Control Act results in conviction, a disposition of
34 court supervision, or an order of probation granted under
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1 Section 10 of the Cannabis Control Act or Section 410 of the
2 Illinois Controlled Substance Act of a defendant, the court
3 shall determine whether the defendant is employed by a
4 facility or center as defined under the Child Care Act of
5 1969, a public or private elementary or secondary school, or
6 otherwise works with children under 18 years of age on a
7 daily basis. When a defendant is so employed, the court
8 shall order the Clerk of the Court to send a copy of the
9 judgment of conviction or order of supervision or probation
10 to the defendant's employer by certified mail. If the
11 employer of the defendant is a school, the Clerk of the Court
12 shall direct the mailing of a copy of the judgment of
13 conviction or order of supervision or probation to the
14 appropriate regional superintendent of schools. The regional
15 superintendent of schools shall notify the State Board of
16 Education of any notification under this subsection.
17 (j-5) A defendant at least 17 years of age who is
18 convicted of a felony and who has not been previously
19 convicted of a misdemeanor or felony and who is sentenced to
20 a term of imprisonment in the Illinois Department of
21 Corrections shall as a condition of his or her sentence be
22 required by the court to attend educational courses designed
23 to prepare the defendant for a high school diploma and to
24 work toward a high school diploma or to work toward passing
25 the high school level Test of General Educational Development
26 (GED) or to work toward completing a vocational training
27 program offered by the Department of Corrections. If a
28 defendant fails to complete the educational training required
29 by his or her sentence during the term of incarceration, the
30 Prisoner Review Board shall, as a condition of mandatory
31 supervised release, require the defendant, at his or her own
32 expense, to pursue a course of study toward a high school
33 diploma or passage of the GED test. The Prisoner Review
34 Board shall revoke the mandatory supervised release of a
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1 defendant who wilfully fails to comply with this subsection
2 (j-5) upon his or her release from confinement in a penal
3 institution while serving a mandatory supervised release
4 term; however, the inability of the defendant after making a
5 good faith effort to obtain financial aid or pay for the
6 educational training shall not be deemed a wilful failure to
7 comply. The Prisoner Review Board shall recommit the
8 defendant whose mandatory supervised release term has been
9 revoked under this subsection (j-5) as provided in Section
10 3-3-9. This subsection (j-5) does not apply to a defendant
11 who has a high school diploma or has successfully passed the
12 GED test. This subsection (j-5) does not apply to a defendant
13 who is determined by the court to be developmentally disabled
14 or otherwise mentally incapable of completing the educational
15 or vocational program.
16 (k) A court may not impose a sentence or disposition for
17 a felony or misdemeanor that requires the defendant to be
18 implanted or injected with or to use any form of birth
19 control.
20 (l)(A) Except as provided in paragraph (C) of subsection
21 (l), whenever a defendant, who is an alien as defined by the
22 Immigration and Nationality Act, is convicted of any felony
23 or misdemeanor offense, the court after sentencing the
24 defendant may, upon motion of the State's Attorney, hold
25 sentence in abeyance and remand the defendant to the custody
26 of the Attorney General of the United States or his or her
27 designated agent to be deported when:
28 (1) a final order of deportation has been issued
29 against the defendant pursuant to proceedings under the
30 Immigration and Nationality Act, and
31 (2) the deportation of the defendant would not
32 deprecate the seriousness of the defendant's conduct and
33 would not be inconsistent with the ends of justice.
34 Otherwise, the defendant shall be sentenced as provided
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1 in this Chapter V.
2 (B) If the defendant has already been sentenced for a
3 felony or misdemeanor offense, or has been placed on
4 probation under Section 10 of the Cannabis Control Act or
5 Section 410 of the Illinois Controlled Substances Act, the
6 court may, upon motion of the State's Attorney to suspend the
7 sentence imposed, commit the defendant to the custody of the
8 Attorney General of the United States or his or her
9 designated agent when:
10 (1) a final order of deportation has been issued
11 against the defendant pursuant to proceedings under the
12 Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct and
15 would not be inconsistent with the ends of justice.
16 (C) This subsection (l) does not apply to offenders who
17 are subject to the provisions of paragraph (2) of subsection
18 (a) of Section 3-6-3.
19 (D) Upon motion of the State's Attorney, if a defendant
20 sentenced under this Section returns to the jurisdiction of
21 the United States, the defendant shall be recommitted to the
22 custody of the county from which he or she was sentenced.
23 Thereafter, the defendant shall be brought before the
24 sentencing court, which may impose any sentence that was
25 available under Section 5-5-3 at the time of initial
26 sentencing. In addition, the defendant shall not be eligible
27 for additional good conduct credit for meritorious service as
28 provided under Section 3-6-6.
29 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
30 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
31 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
32 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
33 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
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1 Section 99. Effective date. This Section and the
2 amendatory changes to Sec. 24-1.2 of the Criminal Code of
3 1961 take effect upon becoming law.