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90_HB2469ham001
LRB9008819RCksam02
1 AMENDMENT TO HOUSE BILL 2469
2 AMENDMENT NO. . Amend House Bill 2469 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Sections 14-1, 14-2, 14-3, and 16F-3 and by changing
9 and renumbering Section 14.4 as follows:
10 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
11 Sec. 14-1. Definition.
12 (a) Eavesdropping device.
13 An eavesdropping device is any device capable of being
14 used to hear or record oral conversation whether such
15 conversation is conducted in person, by telephone, or by any
16 other means; and shall also include any device, including but
17 not limited to pagers and fax machines, capable of receiving
18 telephonic, electronic, or radio communications in the form
19 of signs, signals, writings, images, or sounds from a
20 wireless or telephone service without the consent of the
21 service subscriber or user; Provided, however, that this
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1 definition shall not include devices used for the restoration
2 of the deaf or hard-of-hearing to normal or partial hearing.
3 (b) Eavesdropper.
4 An eavesdropper is any person, including law enforcement
5 officers, who manufactures or possesses an eavesdropping
6 device knowing that the device will be used to receive the
7 wireless or telephone service without the consent of the
8 service subscriber or user, or who operates or participates
9 in the operation of any eavesdropping device contrary to the
10 provisions of this Article.
11 (c) Principal.
12 A principal is any person who:
13 (1) Knowingly employs another who illegally uses an
14 eavesdropping device in the course of such employment; or
15 (2) Knowingly derives any benefit or information
16 from the illegal use of an eavesdropping device by
17 another; or
18 (3) Directs another to use an eavesdropping device
19 illegally on his behalf.
20 (d) Conversation.
21 For the purposes of this Article, the term conversation
22 means any oral communication or telephonic, electronic, or
23 radio communication in the form of signs, signals, writings,
24 images, or sounds transmitted through a wireless or
25 telephonic service between 2 or more persons regardless of
26 whether one or more of the parties intended their
27 communication to be of a private nature under circumstances
28 justifying that expectation.
29 (Source: P.A. 88-677, eff. 12-15-94.)
30 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
31 Sec. 14-2. Elements of the offense; affirmative defense.
32 A person commits eavesdropping when he:
33 (a) Uses or facilitates the use of an eavesdropping
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1 device within the meaning of manufacturing or possession of
2 an eavesdropping device as defined in Section 14-1 to
3 observe, an eavesdropping device to hear, or record all or
4 any part of any conversation as defined in Section 14-1
5 unless he does so (1) with the consent of all of the parties
6 to such conversation or (2) in accordance with Article 108A
7 or Article 108B of the "Code of Criminal Procedure of 1963",
8 approved August 14, 1963, as amended; or
9 (b) Uses or divulges, except as authorized by this
10 Article or by Article 108A or 108B of the "Code of Criminal
11 Procedure of 1963", approved August 14, 1963, as amended, any
12 information which he knows or reasonably should know was
13 obtained through the use of an eavesdropping device.
14 (c) It is an affirmative defense to a charge brought
15 under this Article relating to the interception of a
16 privileged communication that the person charged:
17 1. was a law enforcement officer acting pursuant to an
18 order of interception, entered pursuant to Section 108A-1 or
19 108B-5 of the Code of Criminal Procedure of 1963; and
20 2. at the time the communication was intercepted, the
21 officer was unaware that the communication was privileged;
22 and
23 3. stopped the interception within a reasonable time
24 after discovering that the communication was privileged; and
25 4. did not disclose the contents of the communication.
26 (Source: P.A. 85-1203.)
27 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
28 Sec. 14-3. Exemptions. The following activities shall
29 be exempt from the provisions of this Article:
30 (a) Listening to radio, wireless and television
31 communications of any sort where the same are publicly made;
32 (b) Hearing conversation when heard by employees of any
33 common carrier by wire incidental to the normal course of
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1 their employment in the operation, maintenance or repair of
2 the equipment of such common carrier by wire so long as no
3 information obtained thereby is used or divulged by the
4 hearer;
5 (c) Any broadcast by radio, television or otherwise
6 whether it be a broadcast or recorded for the purpose of
7 later broadcasts of any function where the public is in
8 attendance and the conversations are overheard incidental to
9 the main purpose for which such broadcasts are then being
10 made;
11 (d) Recording or listening with the aid of any device to
12 any emergency communication made in the normal course of
13 operations by any federal, state or local law enforcement
14 agency or institutions dealing in emergency services,
15 including, but not limited to, hospitals, clinics, ambulance
16 services, fire fighting agencies, any public utility,
17 emergency repair facility, civilian defense establishment or
18 military installation;
19 (e) Recording the proceedings of any meeting required to
20 be open by the Open Meetings Act, as amended; and
21 (f) Recording or listening with the aid of any device to
22 incoming telephone calls of phone lines publicly listed or
23 advertised as consumer "hotlines" by manufacturers or
24 retailers of food and drug products. Such recordings must be
25 destroyed, erased or turned over to local law enforcement
26 authorities within 24 hours from the time of such recording
27 and shall not be otherwise disseminated. Failure on the part
28 of the individual or business operating any such recording or
29 listening device to comply with the requirements of this
30 subsection shall eliminate any civil or criminal immunity
31 conferred upon that individual or business by the operation
32 of this Section.
33 (g) With prior notification to the State's Attorney of
34 the county in which it is to occur, recording or listening
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1 with the aid of any device to any conversation where a law
2 enforcement officer, or any person acting at the direction of
3 law enforcement, is a party to the conversation and has
4 consented to it being intercepted or recorded under
5 circumstances where the use of the device is necessary for
6 the protection of the law enforcement officer or any person
7 acting at the direction of law enforcement, in the course of
8 an investigation of a forcible felony, a felony violation of
9 the Illinois Controlled Substances Act, a felony violation of
10 the Cannabis Control Act, or any "streetgang related" or
11 "gang-related" felony as those terms are defined in the
12 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
13 recording or evidence derived as the result of this exemption
14 shall be inadmissible in any proceeding, criminal, civil or
15 administrative, except (i) where a party to the conversation
16 suffers great bodily injury or is killed during such
17 conversation, or (ii) when used as direct impeachment of a
18 witness concerning matters contained in the interception or
19 recording. The Director of the Department of State Police
20 shall issue regulations as are necessary concerning the use
21 of devices, retention of tape recordings, and reports
22 regarding their use.
23 (h) Recordings made simultaneously with a video
24 recording of an oral conversation between a peace officer,
25 who has identified his or her office, and a person stopped
26 for an investigation of an offense under the Illinois Vehicle
27 Code.
28 (i) Recording of a conversation made by or at the
29 request of a person, not a law enforcement officer or agent
30 of a law enforcement officer, who is a party to the
31 conversation, under reasonable suspicion that another party
32 to the conversation is committing, is about to commit, or has
33 committed a criminal offense against the person or a member
34 of his or her immediate household, and there is reason to
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1 believe that evidence of the criminal offense may be obtained
2 by the recording.
3 (j) The use of a telephone monitoring device by either
4 (1) a corporation or other business entity engaged in
5 marketing or opinion research or (2) a corporation or other
6 business entity engaged in telephone solicitation, as defined
7 in this subsection, to record or listen to oral telephone
8 solicitation conversations or marketing or opinion research
9 conversations by an employee of the corporation or other
10 business entity when:
11 (i) the monitoring is used for the purpose of
12 service quality control of marketing or opinion research
13 or telephone solicitation, the education or training of
14 employees or contractors engaged in marketing or opinion
15 research or telephone solicitation, or internal research
16 related to marketing or opinion research or telephone
17 solicitation; and
18 (ii) the monitoring is used with the consent of at
19 least one person who is an active party to the marketing
20 or opinion research conversation or telephone
21 solicitation conversation being monitored.
22 No communication or conversation or any part, portion, or
23 aspect of the communication or conversation made, acquired,
24 or obtained, directly or indirectly, under this exemption
25 (j), may be, directly or indirectly, furnished to any law
26 enforcement officer, agency, or official for any purpose or
27 used in any inquiry or investigation, or used, directly or
28 indirectly, in any administrative, judicial, or other
29 proceeding, or divulged to any third party.
30 When recording or listening authorized by this subsection
31 (j) on telephone lines used for marketing or opinion research
32 or telephone solicitation purposes results in recording or
33 listening to a conversation that does not relate to marketing
34 or opinion research or telephone solicitation; the person
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1 recording or listening shall, immediately upon determining
2 that the conversation does not relate to marketing or opinion
3 research or telephone solicitation, terminate the recording
4 or listening and destroy any such recording as soon as is
5 practicable.
6 Business entities that use a telephone monitoring or
7 telephone recording system pursuant to this exemption (j)
8 shall provide current and prospective employees with notice
9 that the monitoring or recordings may occur during the course
10 of their employment. The notice shall include prominent
11 signage notification within the workplace.
12 Business entities that use a telephone monitoring or
13 telephone recording system pursuant to this exemption (j)
14 shall provide their employees or agents with access to
15 personal-only telephone lines which may be pay telephones,
16 that are not subject to telephone monitoring or telephone
17 recording.
18 For the purposes of this subsection (j), "telephone
19 solicitation" means a communication through the use of a
20 telephone by live operators:
21 (i) soliciting the sale of goods or services;
22 (ii) receiving orders for the sale of goods or
23 services;
24 (iii) assisting in the use of goods or services; or
25 (iv) engaging in the solicitation, administration,
26 or collection of bank or retail credit accounts.
27 For the purposes of this subsection (j), "marketing or
28 opinion research" means a marketing or opinion research
29 interview conducted by a live telephone interviewer engaged
30 by a corporation or other business entity whose principal
31 business is the design, conduct, and analysis of polls and
32 surveys measuring the opinions, attitudes, and responses of
33 respondents toward products and services, or social or
34 political issues, or both.
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1 (k) The recording by law enforcement officers of any
2 conversations or communications that do not qualify as
3 "private oral communications" as defined in Section 108B-1 of
4 the Code of Criminal Procedure of 1963. Any such wire,
5 electronic, or oral communications recorded or preserved
6 shall be admissible in any criminal, civil, or administrative
7 proceeding.
8 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
9 89-452, eff. 5-17-96.)
10 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
11 Sec. 14-4. 14.4. Sentence.)
12 (a) Eavesdropping, for a first offense, is a Class 4
13 felony, and, for a second or subsequent offense, is a Class 3
14 felony.
15 (b) Eavesdropping of a conversation as defined in this
16 Article involving any peace officer, State's Attorneys and
17 their Assistant State's Attorneys, the Attorney General and
18 his or her Assistant Attorney Generals, Judges and members of
19 the General Assembly of the State of Illinois engaged in the
20 performance of their official duties is a Class 1 felony.
21 (Source: P.A. 79-781.)
22 (720 ILCS 5/16F-3)
23 Sec. 16F-3. Theft of wireless service.
24 (a) A person commits the offense of theft of wireless
25 service if he or she intentionally obtains wireless service
26 by the use of an unlawful wireless device or without the
27 consent of the wireless service provider.
28 (b) Theft of wireless service is a Class A misdemeanor
29 when the aggregate value of service obtained is less than
30 $300 and a Class 4 felony when the aggregate value of service
31 obtained is $300 or more. For a second or subsequent
32 offense, or if the person convicted of the offense has been
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1 previously convicted of any similar crime in this or any
2 other state or federal jurisdiction, theft of wireless
3 service is a Class 2 felony.
4 (c) If the theft of wireless service is committed and
5 during the course of that theft the user utilizes the stolen
6 service to commit, facilitate, assist, aid, or agree to aid
7 in the commission of a separate felony as defined under
8 Section 5-1-9 of the Unified Code of Corrections, theft of
9 wireless service under this Section is a Class 1 felony.
10 (Source: P.A. 89-497, eff. 6-27-96.)
11 Section 10. The Code of Criminal Procedure of 1963 is
12 amended by changing Section 108B-1 as follows:
13 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
14 Sec. 108B-1. Definitions. For the purpose of this
15 Article:
16 (a) "Aggrieved person" means a person who was a party to
17 any intercepted wire or oral communication or any person
18 against whom the intercept was directed.
19 (b) "Chief Judge" means, when referring to a judge
20 authorized to receive application for, and to enter orders
21 authorizing, interceptions of private oral communications,
22 the Chief Judge of the Circuit Court wherein the application
23 for order of interception is filed, or a Circuit Judge
24 designated by the Chief Judge to enter these orders. In
25 circuits other than the Cook County Circuit, "Chief Judge"
26 also means, when referring to a judge authorized to receive
27 application for, and to enter orders authorizing,
28 interceptions of private oral communications, an Associate
29 Judge authorized by Supreme Court Rule to try felony cases
30 who is assigned by the Chief Judge to enter these orders.
31 After assignment by the Chief Judge, an Associate Judge shall
32 have plenary authority to issue orders without additional
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1 authorization for each specific application made to him by
2 the State's Attorney until the time the Associate Judge's
3 power is rescinded by the Chief Judge.
4 (c) "Communications common carrier" means any person
5 engaged as a common carrier for hire in the transmission of
6 communications by wire or radio, not including radio
7 broadcasting.
8 (d) "Contents" includes information obtained from a
9 private oral communication concerning the existence,
10 substance, purport or meaning of the communication, or the
11 identity of a party of the communication.
12 (e) "Court of competent jurisdiction" means any circuit
13 court.
14 (f) "Department" means Illinois Department of State
15 Police.
16 (g) "Director" means Director of the Illinois Department
17 of State Police.
18 (h) "Electronic criminal surveillance device" or
19 "eavesdropping device" means any device or apparatus,
20 including an induction coil, that can be used to intercept
21 human speech other than:
22 (1) Any telephone, telegraph or telecommunication
23 instrument, equipment or facility, or any component of
24 it, furnished to the subscriber or user by a
25 communication common carrier in the ordinary course of
26 its business, or purchased by any person and being used
27 by the subscriber, user or person in the ordinary course
28 of his business, or being used by a communications common
29 carrier in the ordinary course of its business, or by an
30 investigative or law enforcement officer in the ordinary
31 course of his duties; or
32 (2) A hearing aid or similar device being used to
33 correct subnormal hearing to not better than normal.
34 (i) "Electronic criminal surveillance officer" means any
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1 law enforcement officer of the United States or of the State
2 or political subdivision of it, or of another State, or of a
3 political subdivision of it, who is certified by the Illinois
4 Department of State Police to intercept private oral
5 communications.
6 (j) "In-progress trace" means to determine the origin of
7 a wire communication to a telephone or telegraph instrument,
8 equipment or facility during the course of the communication.
9 (k) "Intercept" means the aural acquisition of the
10 contents of any oral communication through the use of any
11 electronic criminal surveillance device.
12 (l) "Journalist" means a person engaged in, connected
13 with, or employed by news media, including newspapers,
14 magazines, press associations, news agencies, wire services,
15 radio, television or other similar media, for the purpose of
16 gathering, processing, transmitting, compiling, editing or
17 disseminating news for the general public.
18 (m) "Law enforcement agency" means any law enforcement
19 agency of the United States, or the State or a political
20 subdivision of it.
21 (n) "Oral communication" means human speech used to
22 communicate by one party to another, in person, by wire
23 communication or by any other means.
24 (o) "Private oral communication" means a wire,
25 electronic, or oral communication uttered by a person
26 exhibiting an expectation that the communication is not
27 subject to interception, under circumstances reasonably
28 justifying the expectation. Circumstances that reasonably
29 justify the expectation that a communication is not subject
30 to interception include the use of a cordless telephone,
31 telecommunications device, or cellular communication device.
32 Circumstances that do not justify an expectation of
33 privacy include all wire, electronic, or oral communications
34 that are made during the course of theft of a wireless
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1 service or any other unauthorized service of a
2 telecommunications device.
3 (p) "Wire communication" means any human speech used to
4 communicate by one party to another in whole or in part
5 through the use of facilities for the transmission of
6 communications by wire, cable or other like connection
7 between the point of origin and the point of reception
8 furnished or operated by a communications common carrier.
9 (q) "Privileged communications" means a private oral
10 communication between:
11 (1) a licensed and practicing physician and a
12 patient within the scope of the profession of the
13 physician;
14 (2) a licensed and practicing psychologist to a
15 patient within the scope of the profession of the
16 psychologist;
17 (3) a licensed and practicing attorney-at-law and a
18 client within the scope of the profession of the lawyer;
19 (4) a practicing clergyman and a confidant within
20 the scope of the profession of the clergyman;
21 (5) a practicing journalist within the scope of his
22 profession;
23 (6) spouses within the scope of their marital
24 relationship; or
25 (7) a licensed and practicing social worker to a
26 client within the scope of the profession of the social
27 worker.
28 (r) "Telecommunications device" means any type of
29 instrument, device, machine, or equipment that is capable of
30 transmitting or receiving telephonic, electronic, or radio
31 communications, or any part of that instrument, device,
32 machine, or equipment, or any computer circuit, computer
33 chip, electronic mechanism, or other component which is
34 capable of facilitating the transmission or reception of
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1 telephonic, electronic, or radio communications.
2 (s) "Electronic communication" means any transfer of
3 signs, signals, writing, images, sounds, data, or
4 intelligence of any nature transmitted in whole or in part by
5 wire, radio, electromagnetic, photoelectronic or photooptical
6 system, but does not include:
7 (i) any wire or oral communication;
8 (ii) any communication made through a tone only
9 paging device; or
10 (iii) any communication from a tracking device.
11 (t) "Electronic stored communication" means any
12 temporary, intermediate storage of a wire or electronic
13 communication incidental to the electronic transmission of
14 the communication; and any storage of the communication by an
15 electronic communication service for purposes of backup
16 protection of the communication.
17 (Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)
18 Section 15. The Unified Code of Corrections is amended
19 by changing Section 5-5-3 as follows:
20 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
21 Sec. 5-5-3. Disposition.
22 (a) Every person convicted of an offense shall be
23 sentenced as provided in this Section.
24 (b) The following options shall be appropriate
25 dispositions, alone or in combination, for all felonies and
26 misdemeanors other than those identified in subsection (c) of
27 this Section:
28 (1) A period of probation.
29 (2) A term of periodic imprisonment.
30 (3) A term of conditional discharge.
31 (4) A term of imprisonment.
32 (5) An order directing the offender to clean up and
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1 repair the damage, if the offender was convicted under
2 paragraph (h) of Section 21-1 of the Criminal Code of
3 1961.
4 (6) A fine.
5 (7) An order directing the offender to make
6 restitution to the victim under Section 5-5-6 of this
7 Code.
8 (8) A sentence of participation in a county impact
9 incarceration program under Section 5-8-1.2 of this Code.
10 Whenever an individual is sentenced for an offense based
11 upon an arrest for a violation of Section 11-501 of the
12 Illinois Vehicle Code, or a similar provision of a local
13 ordinance, and the professional evaluation recommends
14 remedial or rehabilitative treatment or education, neither
15 the treatment nor the education shall be the sole disposition
16 and either or both may be imposed only in conjunction with
17 another disposition. The court shall monitor compliance with
18 any remedial education or treatment recommendations contained
19 in the professional evaluation. Programs conducting alcohol
20 or other drug evaluation or remedial education must be
21 licensed by the Department of Human Services. However, if
22 the individual is not a resident of Illinois, the court may
23 accept an alcohol or other drug evaluation or remedial
24 education program in the state of such individual's
25 residence. Programs providing treatment must be licensed
26 under existing applicable alcoholism and drug treatment
27 licensure standards.
28 In addition to any other fine or penalty required by law,
29 any individual convicted of a violation of Section 11-501 of
30 the Illinois Vehicle Code or a similar provision of local
31 ordinance, whose operation of a motor vehicle while in
32 violation of Section 11-501 or such ordinance proximately
33 caused an incident resulting in an appropriate emergency
34 response, shall be required to make restitution to a public
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1 agency for the costs of that emergency response. Such
2 restitution shall not exceed $500 per public agency for each
3 such emergency response. For the purpose of this paragraph,
4 emergency response shall mean any incident requiring a
5 response by: a police officer as defined under Section 1-162
6 of the Illinois Vehicle Code; a fireman carried on the rolls
7 of a regularly constituted fire department; and an ambulance
8 as defined under Section 4.05 of the Emergency Medical
9 Services (EMS) Systems Act.
10 Neither a fine nor restitution shall be the sole
11 disposition for a felony and either or both may be imposed
12 only in conjunction with another disposition.
13 (c) (1) When a defendant is found guilty of first degree
14 murder the State may either seek a sentence of
15 imprisonment under Section 5-8-1 of this Code, or where
16 appropriate seek a sentence of death under Section 9-1 of
17 the Criminal Code of 1961.
18 (2) A period of probation, a term of periodic
19 imprisonment or conditional discharge shall not be
20 imposed for the following offenses. The court shall
21 sentence the offender to not less than the minimum term
22 of imprisonment set forth in this Code for the following
23 offenses, and may order a fine or restitution or both in
24 conjunction with such term of imprisonment:
25 (A) First degree murder where the death
26 penalty is not imposed.
27 (B) Attempted first degree murder.
28 (C) A Class X felony.
29 (D) A violation of Section 401.1 or 407 of the
30 Illinois Controlled Substances Act, or a violation
31 of subdivision (c)(2) of Section 401 of that Act
32 which relates to more than 5 grams of a substance
33 containing cocaine or an analog thereof.
34 (E) A violation of Section 5.1 or 9 of the
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1 Cannabis Control Act.
2 (F) A Class 2 or greater felony if the
3 offender had been convicted of a Class 2 or greater
4 felony within 10 years of the date on which he
5 committed the offense for which he is being
6 sentenced.
7 (G) Residential burglary.
8 (H) Criminal sexual assault, except as
9 otherwise provided in subsection (e) of this
10 Section.
11 (I) Aggravated battery of a senior citizen.
12 (J) A forcible felony if the offense was
13 related to the activities of an organized gang.
14 Before July 1, 1994, for the purposes of this
15 paragraph, "organized gang" means an association of
16 5 or more persons, with an established hierarchy,
17 that encourages members of the association to
18 perpetrate crimes or provides support to the members
19 of the association who do commit crimes.
20 Beginning July 1, 1994, for the purposes of
21 this paragraph, "organized gang" has the meaning
22 ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (K) Vehicular hijacking.
25 (L) A second or subsequent conviction for the
26 offense of hate crime when the underlying offense
27 upon which the hate crime is based is felony
28 aggravated assault or felony mob action.
29 (M) A second or subsequent conviction for the
30 offense of institutional vandalism if the damage to
31 the property exceeds $300.
32 (N) A Class 3 felony violation of paragraph
33 (1) of subsection (a) of Section 2 of the Firearm
34 Owners Identification Card Act.
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1 (O) A violation of Section 12-6.1 of the
2 Criminal Code of 1961.
3 (P) A violation of paragraph (1), (2), (3),
4 (4), (5), or (7) of subsection (a) of Section
5 11-20.1 of the Criminal Code of 1961.
6 (Q) A violation of subsection (c) of Section
7 16F-3 of the Criminal Code of 1961.
8 (3) A minimum term of imprisonment of not less than
9 48 consecutive hours or 100 hours of community service as
10 may be determined by the court shall be imposed for a
11 second or subsequent violation committed within 5 years
12 of a previous violation of Section 11-501 of the Illinois
13 Vehicle Code or a similar provision of a local ordinance.
14 (4) A minimum term of imprisonment of not less than
15 7 consecutive days or 30 days of community service shall
16 be imposed for a violation of paragraph (c) of Section
17 6-303 of the Illinois Vehicle Code.
18 (4.1) A minimum term of 30 consecutive days of
19 imprisonment, 40 days of 24 hour periodic imprisonment or
20 720 hours of community service, as may be determined by
21 the court, shall be imposed for a violation of Section
22 11-501 of the Illinois Vehicle Code during a period in
23 which the defendant's driving privileges are revoked or
24 suspended, where the revocation or suspension was for a
25 violation of Section 11-501 or Section 11-501.1 of that
26 Code.
27 (5) The court may sentence an offender convicted of
28 a business offense or a petty offense or a corporation or
29 unincorporated association convicted of any offense to:
30 (A) a period of conditional discharge;
31 (B) a fine;
32 (C) make restitution to the victim under
33 Section 5-5-6 of this Code.
34 (6) In no case shall an offender be eligible for a
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1 disposition of probation or conditional discharge for a
2 Class 1 felony committed while he was serving a term of
3 probation or conditional discharge for a felony.
4 (7) When a defendant is adjudged a habitual
5 criminal under Article 33B of the Criminal Code of 1961,
6 the court shall sentence the defendant to a term of
7 natural life imprisonment.
8 (8) When a defendant, over the age of 21 years, is
9 convicted of a Class 1 or Class 2 felony, after having
10 twice been convicted of any Class 2 or greater Class
11 felonies in Illinois, and such charges are separately
12 brought and tried and arise out of different series of
13 acts, such defendant shall be sentenced as a Class X
14 offender. This paragraph shall not apply unless (1) the
15 first felony was committed after the effective date of
16 this amendatory Act of 1977; and (2) the second felony
17 was committed after conviction on the first; and (3) the
18 third felony was committed after conviction on the
19 second.
20 (9) A defendant convicted of a second or subsequent
21 offense of ritualized abuse of a child may be sentenced
22 to a term of natural life imprisonment.
23 (10) Beginning July 1, 1994, unless sentencing
24 under Section 33B-1 is applicable, a term of imprisonment
25 of not less than 15 years nor more than 50 years shall be
26 imposed on a defendant who violates Section 33A-2 of the
27 Criminal Code of 1961 with a firearm, when that person
28 has been convicted in any state or federal court of 3 or
29 more of the following offenses: treason, first degree
30 murder, second degree murder, aggravated criminal sexual
31 assault, criminal sexual assault, robbery, burglary,
32 arson, kidnaping, aggravated battery resulting in great
33 bodily harm or permanent disability or disfigurement, or
34 a violation of Section 401(a) of the Illinois Controlled
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1 Substances Act, when the third offense was committed
2 after conviction on the second, the second offense was
3 committed after conviction on the first, and the
4 violation of Section 33A-2 of the Criminal Code of 1961
5 was committed after conviction on the third.
6 (11) Beginning July 1, 1994, a term of imprisonment
7 of not less than 10 years and not more than 30 years
8 shall be imposed on a defendant who violates Section
9 33A-2 with a Category I weapon where the offense was
10 committed in any school, or any conveyance owned, leased,
11 or contracted by a school to transport students to or
12 from school or a school related activity, on the real
13 property comprising any school or public park, and where
14 the offense was related to the activities of an organized
15 gang. For the purposes of this paragraph (11),
16 "organized gang" has the meaning ascribed to it in
17 Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (d) In any case in which a sentence originally imposed
20 is vacated, the case shall be remanded to the trial court.
21 The trial court shall hold a hearing under Section 5-4-1 of
22 the Unified Code of Corrections which may include evidence of
23 the defendant's life, moral character and occupation during
24 the time since the original sentence was passed. The trial
25 court shall then impose sentence upon the defendant. The
26 trial court may impose any sentence which could have been
27 imposed at the original trial subject to Section 5-5-4 of the
28 Unified Code of Corrections.
29 (e) In cases where prosecution for criminal sexual
30 assault or aggravated criminal sexual abuse under Section
31 12-13 or 12-16 of the Criminal Code of 1961 results in
32 conviction of a defendant who was a family member of the
33 victim at the time of the commission of the offense, the
34 court shall consider the safety and welfare of the victim and
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1 may impose a sentence of probation only where:
2 (1) the court finds (A) or (B) or both are
3 appropriate:
4 (A) the defendant is willing to undergo a
5 court approved counseling program for a minimum
6 duration of 2 years; or
7 (B) the defendant is willing to participate in
8 a court approved plan including but not limited to
9 the defendant's:
10 (i) removal from the household;
11 (ii) restricted contact with the victim;
12 (iii) continued financial support of the
13 family;
14 (iv) restitution for harm done to the
15 victim; and
16 (v) compliance with any other measures
17 that the court may deem appropriate; and
18 (2) the court orders the defendant to pay for the
19 victim's counseling services, to the extent that the
20 court finds, after considering the defendant's income and
21 assets, that the defendant is financially capable of
22 paying for such services, if the victim was under 18
23 years of age at the time the offense was committed and
24 requires counseling as a result of the offense.
25 Probation may be revoked or modified pursuant to Section
26 5-6-4; except where the court determines at the hearing that
27 the defendant violated a condition of his or her probation
28 restricting contact with the victim or other family members
29 or commits another offense with the victim or other family
30 members, the court shall revoke the defendant's probation and
31 impose a term of imprisonment.
32 For the purposes of this Section, "family member" and
33 "victim" shall have the meanings ascribed to them in Section
34 12-12 of the Criminal Code of 1961.
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1 (f) This Article shall not deprive a court in other
2 proceedings to order a forfeiture of property, to suspend or
3 cancel a license, to remove a person from office, or to
4 impose any other civil penalty.
5 (g) Whenever a defendant is convicted of an offense
6 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
7 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
8 12-15 or 12-16 of the Criminal Code of 1961, the defendant
9 shall undergo medical testing to determine whether the
10 defendant has any sexually transmissible disease, including a
11 test for infection with human immunodeficiency virus (HIV) or
12 any other identified causative agent of acquired
13 immunodeficiency syndrome (AIDS). Any such medical test
14 shall be performed only by appropriately licensed medical
15 practitioners and may include an analysis of any bodily
16 fluids as well as an examination of the defendant's person.
17 Except as otherwise provided by law, the results of such test
18 shall be kept strictly confidential by all medical personnel
19 involved in the testing and must be personally delivered in a
20 sealed envelope to the judge of the court in which the
21 conviction was entered for the judge's inspection in camera.
22 Acting in accordance with the best interests of the victim
23 and the public, the judge shall have the discretion to
24 determine to whom, if anyone, the results of the testing may
25 be revealed. The court shall notify the defendant of the test
26 results. The court shall also notify the victim if requested
27 by the victim, and if the victim is under the age of 15 and
28 if requested by the victim's parents or legal guardian, the
29 court shall notify the victim's parents or legal guardian of
30 the test results. The court shall provide information on the
31 availability of HIV testing and counseling at Department of
32 Public Health facilities to all parties to whom the results
33 of the testing are revealed and shall direct the State's
34 Attorney to provide the information to the victim when
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1 possible. A State's Attorney may petition the court to obtain
2 the results of any HIV test administered under this Section,
3 and the court shall grant the disclosure if the State's
4 Attorney shows it is relevant in order to prosecute a charge
5 of criminal transmission of HIV under Section 12-16.2 of the
6 Criminal Code of 1961 against the defendant. The court shall
7 order that the cost of any such test shall be paid by the
8 county and may be taxed as costs against the convicted
9 defendant.
10 (g-5) When an inmate is tested for an airborne
11 communicable disease, as determined by the Illinois
12 Department of Public Health including but not limited to
13 tuberculosis, the results of the test shall be personally
14 delivered by the warden or his or her designee in a sealed
15 envelope to the judge of the court in which the inmate must
16 appear for the judge's inspection in camera if requested by
17 the judge. Acting in accordance with the best interests of
18 those in the courtroom, the judge shall have the discretion
19 to determine what if any precautions need to be taken to
20 prevent transmission of the disease in the courtroom.
21 (h) Whenever a defendant is convicted of an offense
22 under Section 1 or 2 of the Hypodermic Syringes and Needles
23 Act, the defendant shall undergo medical testing to determine
24 whether the defendant has been exposed to human
25 immunodeficiency virus (HIV) or any other identified
26 causative agent of acquired immunodeficiency syndrome (AIDS).
27 Except as otherwise provided by law, the results of such test
28 shall be kept strictly confidential by all medical personnel
29 involved in the testing and must be personally delivered in a
30 sealed envelope to the judge of the court in which the
31 conviction was entered for the judge's inspection in camera.
32 Acting in accordance with the best interests of the public,
33 the judge shall have the discretion to determine to whom, if
34 anyone, the results of the testing may be revealed. The court
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1 shall notify the defendant of a positive test showing an
2 infection with the human immunodeficiency virus (HIV). The
3 court shall provide information on the availability of HIV
4 testing and counseling at Department of Public Health
5 facilities to all parties to whom the results of the testing
6 are revealed and shall direct the State's Attorney to provide
7 the information to the victim when possible. A State's
8 Attorney may petition the court to obtain the results of any
9 HIV test administered under this Section, and the court
10 shall grant the disclosure if the State's Attorney shows it
11 is relevant in order to prosecute a charge of criminal
12 transmission of HIV under Section 12-16.2 of the Criminal
13 Code of 1961 against the defendant. The court shall order
14 that the cost of any such test shall be paid by the county
15 and may be taxed as costs against the convicted defendant.
16 (i) All fines and penalties imposed under this Section
17 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (j) In cases when prosecution for any violation of
24 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
25 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
26 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
27 12-16 of the Criminal Code of 1961, any violation of the
28 Illinois Controlled Substances Act, or any violation of the
29 Cannabis Control Act results in conviction, a disposition of
30 court supervision, or an order of probation granted under
31 Section 10 of the Cannabis Control Act or Section 410 of the
32 Illinois Controlled Substance Act of a defendant, the court
33 shall determine whether the defendant is employed by a
34 facility or center as defined under the Child Care Act of
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1 1969, a public or private elementary or secondary school, or
2 otherwise works with children under 18 years of age on a
3 daily basis. When a defendant is so employed, the court
4 shall order the Clerk of the Court to send a copy of the
5 judgment of conviction or order of supervision or probation
6 to the defendant's employer by certified mail. If the
7 employer of the defendant is a school, the Clerk of the Court
8 shall direct the mailing of a copy of the judgment of
9 conviction or order of supervision or probation to the
10 appropriate regional superintendent of schools. The regional
11 superintendent of schools shall notify the State Board of
12 Education of any notification under this subsection.
13 (j-5) A defendant at least 17 years of age who is
14 convicted of a felony and who has not been previously
15 convicted of a misdemeanor or felony and who is sentenced to
16 a term of imprisonment in the Illinois Department of
17 Corrections shall as a condition of his or her sentence be
18 required by the court to attend educational courses designed
19 to prepare the defendant for a high school diploma and to
20 work toward a high school diploma or to work toward passing
21 the high school level Test of General Educational Development
22 (GED) or to work toward completing a vocational training
23 program offered by the Department of Corrections. If a
24 defendant fails to complete the educational training required
25 by his or her sentence during the term of incarceration, the
26 Prisoner Review Board shall, as a condition of mandatory
27 supervised release, require the defendant, at his or her own
28 expense, to pursue a course of study toward a high school
29 diploma or passage of the GED test. The Prisoner Review
30 Board shall revoke the mandatory supervised release of a
31 defendant who wilfully fails to comply with this subsection
32 (j-5) upon his or her release from confinement in a penal
33 institution while serving a mandatory supervised release
34 term; however, the inability of the defendant after making a
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1 good faith effort to obtain financial aid or pay for the
2 educational training shall not be deemed a wilful failure to
3 comply. The Prisoner Review Board shall recommit the
4 defendant whose mandatory supervised release term has been
5 revoked under this subsection (j-5) as provided in Section
6 3-3-9. This subsection (j-5) does not apply to a defendant
7 who has a high school diploma or has successfully passed the
8 GED test. This subsection (j-5) does not apply to a defendant
9 who is determined by the court to be developmentally disabled
10 or otherwise mentally incapable of completing the educational
11 or vocational program.
12 (k) A court may not impose a sentence or disposition for
13 a felony or misdemeanor that requires the defendant to be
14 implanted or injected with or to use any form of birth
15 control.
16 (l)(A) Except as provided in paragraph (C) of subsection
17 (l), whenever a defendant, who is an alien as defined by the
18 Immigration and Nationality Act, is convicted of any felony
19 or misdemeanor offense, the court after sentencing the
20 defendant may, upon motion of the State's Attorney, hold
21 sentence in abeyance and remand the defendant to the custody
22 of the Attorney General of the United States or his or her
23 designated agent to be deported when:
24 (1) a final order of deportation has been issued
25 against the defendant pursuant to proceedings under the
26 Immigration and Nationality Act, and
27 (2) the deportation of the defendant would not
28 deprecate the seriousness of the defendant's conduct and
29 would not be inconsistent with the ends of justice.
30 Otherwise, the defendant shall be sentenced as provided
31 in this Chapter V.
32 (B) If the defendant has already been sentenced for a
33 felony or misdemeanor offense, or has been placed on
34 probation under Section 10 of the Cannabis Control Act or
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1 Section 410 of the Illinois Controlled Substances Act, the
2 court may, upon motion of the State's Attorney to suspend the
3 sentence imposed, commit the defendant to the custody of the
4 Attorney General of the United States or his or her
5 designated agent when:
6 (1) a final order of deportation has been issued
7 against the defendant pursuant to proceedings under the
8 Immigration and Nationality Act, and
9 (2) the deportation of the defendant would not
10 deprecate the seriousness of the defendant's conduct and
11 would not be inconsistent with the ends of justice.
12 (C) This subsection (l) does not apply to offenders who
13 are subject to the provisions of paragraph (2) of subsection
14 (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a defendant
16 sentenced under this Section returns to the jurisdiction of
17 the United States, the defendant shall be recommitted to the
18 custody of the county from which he or she was sentenced.
19 Thereafter, the defendant shall be brought before the
20 sentencing court, which may impose any sentence that was
21 available under Section 5-5-3 at the time of initial
22 sentencing. In addition, the defendant shall not be eligible
23 for additional good conduct credit for meritorious service as
24 provided under Section 3-6-6.
25 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
27 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
28 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
29 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)".