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90_SB1756enr
720 ILCS 5/18-5
Amends the Criminal Code of 1961. Provides that
aggravated robbery includes indicating to the victim that the
offender is presently armed with a dangerous weapon,
including a knife, club, ax, or bludgeon (now only a
firearm).
LRB9011691RCpc
SB1756 Enrolled LRB9011691RCpc
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. Section 3-6021 of the Counties Code is
5 amended as follows:
6 (55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
7 Sec. 3-6021. Conservator of the peace. Each sheriff
8 shall be conservator of the peace in his or her county, and
9 shall prevent crime and maintain the safety and order of the
10 citizens of that county; and may arrest offenders on view,
11 and cause them to be brought before the proper court for
12 trial or examination. Conservator of the peace. Each sheriff
13 shall be conservator of the peace in his or her county, and
14 shall prevent crime and maintain the safety and order of the
15 citizens of that county; and may arrest offenders on view,
16 and cause them to be brought before the proper court for
17 trial or examination.
18 (Source: P.A. 89-404, eff. 8-20-95.)
19 Section 10. Section 7-4-8 of the Illinois Municipal Code
20 is amended as follows:
21 (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
22 Sec. 7-4-8. The police of any municipality in such a
23 police district have full authority and power as peace
24 officers and may go into any part of the district to exercise
25 that authority and power. For these purposes the mayor of any
26 municipality in the district, and the chiefs of police
27 therein, shall use the police forces under their control
28 anywhere in the district. The police of any municipality
29 in such a police district have full authority and power as
SB1756 Enrolled -2- LRB9011691RCpc
1 peace officers and may go into any part of the district to
2 exercise that authority and power. For these purposes the
3 mayor of any municipality in the district, and the chiefs of
4 police therein, shall use the police forces under their
5 control anywhere in the district.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 Section 15. Sections 3-2, 6-2, and 18-5 of the Criminal
8 Code of 1961 are amended as follows:
9 (720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
10 Sec. 3-2. Affirmative defense.
11 (a) "Affirmative defense" means that unless the State's
12 evidence raises the issue involving the alleged defense, the
13 defendant, to raise the issue, must present some evidence
14 thereon.
15 (b) If the issue involved in an affirmative defense,
16 other than insanity, is raised then the State must sustain
17 the burden of proving the defendant guilty beyond a
18 reasonable doubt as to that issue together with all the other
19 elements of the offense. If the affirmative defense of
20 insanity is raised, the defendant bears the burden of proving
21 by clear and convincing evidence his insanity at the time of
22 the offense. Affirmative defense.
23 (a) "Affirmative defense" means that unless the State's
24 evidence raises the issue involving the alleged defense, the
25 defendant, to raise the issue, must present some evidence
26 thereon.
27 (b) If the issue involved in an affirmative defense,
28 other than insanity, is raised then the State must sustain
29 the burden of proving the defendant guilty beyond a
30 reasonable doubt as to that issue together with all the other
31 elements of the offense. If the affirmative defense of
32 insanity is raised, the defendant bears the burden of proving
SB1756 Enrolled -3- LRB9011691RCpc
1 by clear and convincing evidence his insanity at the time of
2 the offense.
3 (Source: P.A. 89-404, eff. 8-20-95.)
4 (720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
5 Sec. 6-2. Insanity.
6 (a) A person is not criminally responsible for conduct
7 if at the time of such conduct, as a result of mental disease
8 or mental defect, he lacks substantial capacity to appreciate
9 the criminality of his conduct.
10 (b) The terms "mental disease or mental defect" do not
11 include an abnormality manifested only by repeated criminal
12 or otherwise antisocial conduct.
13 (c) A person who, at the time of the commission of a
14 criminal offense, was not insane but was suffering from a
15 mental illness, is not relieved of criminal responsibility
16 for his conduct and may be found guilty but mentally ill.
17 (d) For purposes of this Section, "mental illness" or
18 "mentally ill" means a substantial disorder of thought, mood,
19 or behavior which afflicted a person at the time of the
20 commission of the offense and which impaired that person's
21 judgment, but not to the extent that he is unable to
22 appreciate the wrongfulness of his behavior.
23 (e) When the defense of insanity has been presented
24 during the trial, the burden of proof is on the defendant to
25 prove by clear and convincing evidence that the defendant is
26 not guilty by reason of insanity. However, the burden of
27 proof remains on the State to prove beyond a reasonable doubt
28 each of the elements of each of the offenses charged, and, in
29 a jury trial where the insanity defense has been presented,
30 the jury must be instructed that it may not consider whether
31 the defendant has met his burden of proving that he is not
32 guilty by reason of insanity until and unless it has first
33 determined that the State has proven the defendant guilty
SB1756 Enrolled -4- LRB9011691RCpc
1 beyond a reasonable doubt of the offense with which he is
2 charged.
3 Insanity.
4 (a) A person is not criminally responsible for conduct
5 if at the time of such conduct, as a result of mental disease
6 or mental defect, he lacks substantial capacity to appreciate
7 the criminality of his conduct.
8 (b) The terms "mental disease or mental defect" do not
9 include an abnormality manifested only by repeated criminal
10 or otherwise antisocial conduct.
11 (c) A person who, at the time of the commission of a
12 criminal offense, was not insane but was suffering from a
13 mental illness, is not relieved of criminal responsibility
14 for his conduct and may be found guilty but mentally ill.
15 (d) For purposes of this Section, "mental illness" or
16 "mentally ill" means a substantial disorder of thought, mood,
17 or behavior which afflicted a person at the time of the
18 commission of the offense and which impaired that person's
19 judgment, but not to the extent that he is unable to
20 appreciate the wrongfulness of his behavior.
21 (e) When the defense of insanity has been presented
22 during the trial, the burden of proof is on the defendant to
23 prove by clear and convincing evidence that the defendant is
24 not guilty by reason of insanity. However, the burden of
25 proof remains on the State to prove beyond a reasonable doubt
26 each of the elements of each of the offenses charged, and, in
27 a jury trial where the insanity defense has been presented,
28 the jury must be instructed that it may not consider whether
29 the defendant has met his burden of proving that he is not
30 guilty by reason of insanity until and unless it has first
31 determined that the State has proven the defendant guilty
32 beyond a reasonable doubt of the offense with which he is
33 charged.
34 (Source: P.A. 89-404, eff. 8-20-95.)
SB1756 Enrolled -5- LRB9011691RCpc
1 (720 ILCS 5/18-5)
2 Sec. 18-5. Aggravated robbery.
3 (a) A person commits aggravated robbery when he or she
4 takes property from the person or presence of another by the
5 use of force or by threatening the imminent use of force
6 while indicating verbally or by his or her actions to the
7 victim that he or she is presently armed with a firearm or
8 other dangerous weapon, including a knife, club, ax, or
9 bludgeon. This offense shall be applicable even though it is
10 later determined that he or she had no firearm or other
11 dangerous weapon, including a knife, club, ax, or bludgeon in
12 his or her possession when he or she committed the robbery.
13 (b) Sentence. Aggravated robbery is a Class 1 felony.
14 (Source: P.A. 88-144; 88-670, eff. 12-2-94.)
15 Section 20. Section 12 of the Cannabis Control Act is
16 amended as follows:
17 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
18 Sec. 12. (a) The following are subject to forfeiture:
19 (1) all substances containing cannabis which have
20 been produced, manufactured, delivered, or possessed in
21 violation of this Act;
22 (2) all raw materials, products and equipment of
23 any kind which are produced, delivered, or possessed in
24 connection with any substance containing cannabis in
25 violation of this Act;
26 (3) all conveyances, including aircraft, vehicles
27 or vessels, which are used, or intended for use, to
28 transport, or in any manner to facilitate the
29 transportation, sale, receipt, possession, or concealment
30 of property described in paragraph (1) or (2) that
31 constitutes a felony violation of the Act, but:
32 (i) no conveyance used by any person as a
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1 common carrier in the transaction of business as a
2 common carrier is subject to forfeiture under this
3 Section unless it appears that the owner or other
4 person in charge of the conveyance is a consenting
5 party or privy to a violation of this Act;
6 (ii) no conveyance is subject to forfeiture
7 under this Section by reason of any act or omission
8 which the owner proves to have been committed or
9 omitted without his knowledge or consent;
10 (iii) a forfeiture of a conveyance encumbered
11 by a bona fide security interest is subject to the
12 interest of the secured party if he neither had
13 knowledge of nor consented to the act or omission;
14 (4) all money, things of value, books, records, and
15 research products and materials including formulas,
16 microfilm, tapes, and data which are used, or intended
17 for use in a felony violation of this Act;
18 (5) everything of value furnished or intended to be
19 furnished by any person in exchange for a substance in
20 violation of this Act, all proceeds traceable to such an
21 exchange, and all moneys, negotiable instruments, and
22 securities used, or intended to be used, to commit or in
23 any manner to facilitate any felony violation of this
24 Act.
25 (b) Property subject to forfeiture under this Act may be
26 seized by the Director or any peace officer upon process or
27 seizure warrant issued by any court having jurisdiction over
28 the property. Seizure by the Director or any peace officer
29 without process may be made:
30 (1) if the property subject to seizure has been the
31 subject of a prior judgment in favor of the State in a
32 criminal proceeding or in an injunction or forfeiture
33 proceeding based upon this Act or the Drug Asset
34 Forfeiture Procedure Act;
SB1756 Enrolled -7- LRB9011691RCpc
1 (2) if there is probable cause to believe that the
2 property is directly or indirectly dangerous to health or
3 safety;
4 (3) if there is probable cause to believe that the
5 property is subject to forfeiture under this Act and the
6 property is seized under circumstances in which a
7 warrantless seizure or arrest would be reasonable; or
8 (4) in accordance with the Code of Criminal
9 Procedure of 1963.
10 (c) In the event of seizure pursuant to subsection (b),
11 forfeiture proceedings shall be instituted in accordance with
12 the Drug Asset Forfeiture Procedure Act.
13 (d) Property taken or detained under this Section shall
14 not be subject to replevin, but is deemed to be in the
15 custody of the Director subject only to the order and
16 judgments of the circuit court having jurisdiction over the
17 forfeiture proceedings and the decisions of the State's
18 Attorney under the Drug Asset Forfeiture Procedure Act. When
19 property is seized under this Act, the seizing agency shall
20 promptly conduct an inventory of the seized property,
21 estimate the property's value, and shall forward a copy of
22 the inventory of seized property and the estimate of the
23 property's value to the Director. Upon receiving notice of
24 seizure, the Director may:
25 (1) place the property under seal;
26 (2) remove the property to a place designated by
27 him;
28 (3) keep the property in the possession of the
29 seizing agency;
30 (4) remove the property to a storage area for
31 safekeeping or, if the property is a negotiable
32 instrument or money and is not needed for evidentiary
33 purposes, deposit it in an interest bearing account;
34 (5) place the property under constructive seizure
SB1756 Enrolled -8- LRB9011691RCpc
1 by posting notice of pending forfeiture on it, by giving
2 notice of pending forfeiture to its owners and interest
3 holders, or by filing notice of pending forfeiture in any
4 appropriate public record relating to the property; or
5 (6) provide for another agency or custodian,
6 including an owner, secured party, or lienholder, to take
7 custody of the property upon the terms and conditions set
8 by the Director.
9 (e) No disposition may be made of property under seal
10 until the time for taking an appeal has elapsed or until all
11 appeals have been concluded unless a court, upon application
12 therefor, orders the sale of perishable substances and the
13 deposit of the proceeds of the sale with the court.
14 (f) When property is forfeited under this Act the
15 Director shall sell all such property unless such property is
16 required by law to be destroyed or is harmful to the public,
17 and shall distribute the proceeds of the sale, together with
18 any moneys forfeited or seized, in accordance with subsection
19 (g). However, upon the application of the seizing agency or
20 prosecutor who was responsible for the investigation, arrest
21 or arrests and prosecution which lead to the forfeiture, the
22 Director may return any item of forfeited property to the
23 seizing agency or prosecutor for official use in the
24 enforcement of laws relating to cannabis or controlled
25 substances, if the agency or prosecutor can demonstrate that
26 the item requested would be useful to the agency or
27 prosecutor in their enforcement efforts. When any real
28 property returned to the seizing agency is sold by the agency
29 or its unit of government, the proceeds of the sale shall be
30 delivered to the Director and distributed in accordance with
31 subsection (g).
32 (g) All monies and the sale proceeds of all other
33 property forfeited and seized under this Act shall be
34 distributed as follows:
SB1756 Enrolled -9- LRB9011691RCpc
1 (1) 65% shall be distributed to the metropolitan
2 enforcement group, local, municipal, county, or state law
3 enforcement agency or agencies which conducted or
4 participated in the investigation resulting in the
5 forfeiture. The distribution shall bear a reasonable
6 relationship to the degree of direct participation of the
7 law enforcement agency in the effort resulting in the
8 forfeiture, taking into account the total value of the
9 property forfeited and the total law enforcement effort
10 with respect to the violation of the law upon which the
11 forfeiture is based. Amounts distributed to the agency
12 or agencies shall be used for the enforcement of laws
13 governing cannabis and controlled substances, except that
14 amounts distributed to the Secretary of State shall be
15 deposited into the Secretary of State Evidence Fund to be
16 used as provided in Section 2-115 of the Illinois Vehicle
17 Code.
18 (2)(i) 12.5% shall be distributed to the Office of
19 the State's Attorney of the county in which the
20 prosecution resulting in the forfeiture was
21 instituted, deposited in a special fund in the
22 county treasury and appropriated to the State's
23 Attorney for use in the enforcement of laws
24 governing cannabis and controlled substances. In
25 counties over 3,000,000 population, 25% will be
26 distributed to the Office of the State's Attorney
27 for use in the enforcement of laws governing
28 cannabis and controlled substances. If the
29 prosecution is undertaken solely by the Attorney
30 General, the portion provided hereunder shall be
31 distributed to the Attorney General for use in the
32 enforcement of laws governing cannabis and
33 controlled substances.
34 (ii) 12.5% shall be distributed to the Office
SB1756 Enrolled -10- LRB9011691RCpc
1 of the State's Attorneys Appellate Prosecutor and
2 deposited in the Narcotics Profit Forfeiture Fund of
3 that Office to be used for additional expenses
4 incurred in the investigation, prosecution and
5 appeal of cases arising under laws governing
6 cannabis and controlled substances. The Office of
7 the State's Attorneys Appellate Prosecutor shall not
8 receive distribution from cases brought in counties
9 with over 3,000,000 population.
10 (3) 10% shall be retained by the Department of
11 State Police for expenses related to the administration
12 and sale of seized and forfeited property.
13 (a) The following are subject to forfeiture:
14 (1) all substances containing cannabis which have
15 been produced, manufactured, delivered, or possessed in
16 violation of this Act;
17 (2) all raw materials, products and equipment of
18 any kind which are produced, delivered, or possessed in
19 connection with any substance containing cannabis in
20 violation of this Act;
21 (3) all conveyances, including aircraft, vehicles
22 or vessels, which are used, or intended for use, to
23 transport, or in any manner to facilitate the
24 transportation, sale, receipt, possession, or concealment
25 of property described in paragraph (1) or (2) that
26 constitutes a felony violation of the Act, but:
27 (i) no conveyance used by any person as a
28 common carrier in the transaction of business as a
29 common carrier is subject to forfeiture under this
30 Section unless it appears that the owner or other
31 person in charge of the conveyance is a consenting
32 party or privy to a violation of this Act;
33 (ii) no conveyance is subject to forfeiture
34 under this Section by reason of any act or omission
SB1756 Enrolled -11- LRB9011691RCpc
1 which the owner proves to have been committed or
2 omitted without his knowledge or consent;
3 (iii) a forfeiture of a conveyance encumbered
4 by a bona fide security interest is subject to the
5 interest of the secured party if he neither had
6 knowledge of nor consented to the act or omission;
7 (4) all money, things of value, books, records, and
8 research products and materials including formulas,
9 microfilm, tapes, and data which are used, or intended
10 for use in a felony violation of this Act;
11 (5) everything of value furnished or intended to be
12 furnished by any person in exchange for a substance in
13 violation of this Act, all proceeds traceable to such an
14 exchange, and all moneys, negotiable instruments, and
15 securities used, or intended to be used, to commit or in
16 any manner to facilitate any felony violation of this
17 Act.
18 (b) Property subject to forfeiture under this Act may be
19 seized by the Director or any peace officer upon process or
20 seizure warrant issued by any court having jurisdiction over
21 the property. Seizure by the Director or any peace officer
22 without process may be made:
23 (1) if the property subject to seizure has been the
24 subject of a prior judgment in favor of the State in a
25 criminal proceeding or in an injunction or forfeiture
26 proceeding based upon this Act or the Drug Asset
27 Forfeiture Procedure Act;
28 (2) if there is probable cause to believe that the
29 property is directly or indirectly dangerous to health or
30 safety;
31 (3) if there is probable cause to believe that the
32 property is subject to forfeiture under this Act and the
33 property is seized under circumstances in which a
34 warrantless seizure or arrest would be reasonable; or
SB1756 Enrolled -12- LRB9011691RCpc
1 (4) in accordance with the Code of Criminal
2 Procedure of 1963.
3 (c) In the event of seizure pursuant to subsection (b),
4 forfeiture proceedings shall be instituted in accordance with
5 the Drug Asset Forfeiture Procedure Act.
6 (d) Property taken or detained under this Section shall
7 not be subject to replevin, but is deemed to be in the
8 custody of the Director subject only to the order and
9 judgments of the circuit court having jurisdiction over the
10 forfeiture proceedings and the decisions of the State's
11 Attorney under the Drug Asset Forfeiture Procedure Act. When
12 property is seized under this Act, the seizing agency shall
13 promptly conduct an inventory of the seized property,
14 estimate the property's value, and shall forward a copy of
15 the inventory of seized property and the estimate of the
16 property's value to the Director. Upon receiving notice of
17 seizure, the Director may:
18 (1) place the property under seal;
19 (2) remove the property to a place designated by
20 him;
21 (3) keep the property in the possession of the
22 seizing agency;
23 (4) remove the property to a storage area for
24 safekeeping or, if the property is a negotiable
25 instrument or money and is not needed for evidentiary
26 purposes, deposit it in an interest bearing account;
27 (5) place the property under constructive seizure
28 by posting notice of pending forfeiture on it, by giving
29 notice of pending forfeiture to its owners and interest
30 holders, or by filing notice of pending forfeiture in any
31 appropriate public record relating to the property; or
32 (6) provide for another agency or custodian,
33 including an owner, secured party, or lienholder, to take
34 custody of the property upon the terms and conditions set
SB1756 Enrolled -13- LRB9011691RCpc
1 by the Director.
2 (e) No disposition may be made of property under seal
3 until the time for taking an appeal has elapsed or until all
4 appeals have been concluded unless a court, upon application
5 therefor, orders the sale of perishable substances and the
6 deposit of the proceeds of the sale with the court.
7 (f) When property is forfeited under this Act the
8 Director shall sell all such property unless such property is
9 required by law to be destroyed or is harmful to the public,
10 and shall distribute the proceeds of the sale, together with
11 any moneys forfeited or seized, in accordance with subsection
12 (g). However, upon the application of the seizing agency or
13 prosecutor who was responsible for the investigation, arrest
14 or arrests and prosecution which lead to the forfeiture, the
15 Director may return any item of forfeited property to the
16 seizing agency or prosecutor for official use in the
17 enforcement of laws relating to cannabis or controlled
18 substances, if the agency or prosecutor can demonstrate that
19 the item requested would be useful to the agency or
20 prosecutor in their enforcement efforts. When any real
21 property returned to the seizing agency is sold by the agency
22 or its unit of government, the proceeds of the sale shall be
23 delivered to the Director and distributed in accordance with
24 subsection (g).
25 (g) All monies and the sale proceeds of all other
26 property forfeited and seized under this Act shall be
27 distributed as follows:
28 (1) 65% shall be distributed to the metropolitan
29 enforcement group, local, municipal, county, or state law
30 enforcement agency or agencies which conducted or
31 participated in the investigation resulting in the
32 forfeiture. The distribution shall bear a reasonable
33 relationship to the degree of direct participation of the
34 law enforcement agency in the effort resulting in the
SB1756 Enrolled -14- LRB9011691RCpc
1 forfeiture, taking into account the total value of the
2 property forfeited and the total law enforcement effort
3 with respect to the violation of the law upon which the
4 forfeiture is based. Amounts distributed to the agency
5 or agencies shall be used for the enforcement of laws
6 governing cannabis and controlled substances, except that
7 amounts distributed to the Secretary of State shall be
8 deposited into the Secretary of State Evidence Fund to be
9 used as provided in Section 2-115 of the Illinois Vehicle
10 Code.
11 (2)(i) 12.5% shall be distributed to the Office of
12 the State's Attorney of the county in which the
13 prosecution resulting in the forfeiture was
14 instituted, deposited in a special fund in the
15 county treasury and appropriated to the State's
16 Attorney for use in the enforcement of laws
17 governing cannabis and controlled substances. In
18 counties over 3,000,000 population, 25% will be
19 distributed to the Office of the State's Attorney
20 for use in the enforcement of laws governing
21 cannabis and controlled substances. If the
22 prosecution is undertaken solely by the Attorney
23 General, the portion provided hereunder shall be
24 distributed to the Attorney General for use in the
25 enforcement of laws governing cannabis and
26 controlled substances.
27 (ii) 12.5% shall be distributed to the Office
28 of the State's Attorneys Appellate Prosecutor and
29 deposited in the Narcotics Profit Forfeiture Fund of
30 that Office to be used for additional expenses
31 incurred in the investigation, prosecution and
32 appeal of cases arising under laws governing
33 cannabis and controlled substances. The Office of
34 the State's Attorneys Appellate Prosecutor shall not
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1 receive distribution from cases brought in counties
2 with over 3,000,000 population.
3 (3) 10% shall be retained by the Department of
4 State Police for expenses related to the administration
5 and sale of seized and forfeited property.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 Section 25. Sections 100, 401, 402, 405.1, and 505 of
8 the Illinois Controlled Substances Act are amended as
9 follows:
10 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
11 Sec. 100. Legislative intent. It is the intent of the
12 General Assembly, recognizing the rising incidence in the
13 abuse of drugs and other dangerous substances and its
14 resultant damage to the peace, health, and welfare of the
15 citizens of Illinois, to provide a system of control over the
16 distribution and use of controlled substances which will more
17 effectively: (1) limit access of such substances only to
18 those persons who have demonstrated an appropriate sense of
19 responsibility and have a lawful and legitimate reason to
20 possess them; (2) deter the unlawful and destructive abuse of
21 controlled substances; (3) penalize most heavily the illicit
22 traffickers or profiteers of controlled substances, who
23 propagate and perpetuate the abuse of such substances with
24 reckless disregard for its consumptive consequences upon
25 every element of society; (4) acknowledge the functional and
26 consequential differences between the various types of
27 controlled substances and provide for correspondingly
28 different degrees of control over each of the various types;
29 (5) unify where feasible and codify the efforts of this State
30 to conform with the regulatory systems of the Federal
31 government and other states to establish national
32 coordination of efforts to control the abuse of controlled
SB1756 Enrolled -16- LRB9011691RCpc
1 substances; and (6) provide law enforcement authorities with
2 the necessary resources to make this system efficacious.
3 It is not the intent of the General Assembly to treat the
4 unlawful user or occasional petty distributor of controlled
5 substances with the same severity as the large-scale,
6 unlawful purveyors and traffickers of controlled substances.
7 However, it is recognized that persons who violate this Act
8 with respect to the manufacture, delivery, possession with
9 intent to deliver, or possession of more than one type of
10 controlled substance listed herein may accordingly receive
11 multiple convictions and sentences under each Section of this
12 Act. To this end, guidelines have been provided, along with a
13 wide latitude in sentencing discretion, to enable the
14 sentencing court to order penalties in each case which are
15 appropriate for the purposes of this Act.
16 Legislative intent. It is the intent of the General
17 Assembly, recognizing the rising incidence in the abuse of
18 drugs and other dangerous substances and its resultant damage
19 to the peace, health, and welfare of the citizens of
20 Illinois, to provide a system of control over the
21 distribution and use of controlled substances which will more
22 effectively: (1) limit access of such substances only to
23 those persons who have demonstrated an appropriate sense of
24 responsibility and have a lawful and legitimate reason to
25 possess them; (2) deter the unlawful and destructive abuse of
26 controlled substances; (3) penalize most heavily the illicit
27 traffickers or profiteers of controlled substances, who
28 propagate and perpetuate the abuse of such substances with
29 reckless disregard for its consumptive consequences upon
30 every element of society; (4) acknowledge the functional and
31 consequential differences between the various types of
32 controlled substances and provide for correspondingly
33 different degrees of control over each of the various types;
34 (5) unify where feasible and codify the efforts of this state
SB1756 Enrolled -17- LRB9011691RCpc
1 to conform with the regulatory systems of the Federal
2 government and other states to establish national
3 coordination of efforts to control the abuse of controlled
4 substances; and (6) provide law enforcement authorities with
5 the necessary resources to make this system efficacious.
6 It is not the intent of the General Assembly to treat the
7 unlawful user or occasional petty distributor of controlled
8 substances with the same severity as the large-scale,
9 unlawful purveyors and traffickers of controlled substances.
10 However, it is recognized that persons who violate this Act
11 with respect to the manufacture, delivery, possession with
12 intent to deliver, or possession of more than one type of
13 controlled substance listed herein may accordingly receive
14 multiple convictions and sentences under each Section of this
15 Act. To this end, guidelines have been provided, along with a
16 wide latitude in sentencing discretion, to enable the
17 sentencing court to order penalties in each case which are
18 appropriate for the purposes of this Act.
19 (Source: P.A. 89-404, eff. 8-20-95.)
20 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
21 Sec. 401. Except as authorized by this Act, it is
22 unlawful for any person knowingly to manufacture or deliver,
23 or possess with intent to manufacture or deliver, a
24 controlled or counterfeit substance or controlled substance
25 analog. A violation of this Act with respect to each of the
26 controlled substances listed herein constitutes a single and
27 separate violation of this Act. For purposes of this
28 Section, "controlled substance analog" or "analog" means a
29 substance which is intended for human consumption, other than
30 a controlled substance, that has a chemical structure
31 substantially similar to that of a controlled substance in
32 Schedule I or II, or that was specifically designed to
33 produce an effect substantially similar to that of a
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1 controlled substance in Schedule I or II. Examples of
2 chemical classes in which controlled substance analogs are
3 found include, but are not limited to, the following:
4 phenethylamines, N-substituted piperidines, morphinans,
5 ecgonines, quinazolinones, substituted indoles, and
6 arylcycloalkylamines. For purposes of this Act, a controlled
7 substance analog shall be treated in the same manner as the
8 controlled substance to which it is substantially similar.
9 (a) Any person who violates this Section with respect to
10 the following amounts of controlled or counterfeit substances
11 or controlled substance analogs, notwithstanding any of the
12 provisions of subsections (c), (d), (e), (f), (g) or (h) to
13 the contrary, is guilty of a Class X felony and shall be
14 sentenced to a term of imprisonment as provided in this
15 subsection (a) and fined as provided in subsection (b):
16 (1) (A) not less than 6 years and not more than 30
17 years with respect to 15 grams or more but less than
18 100 grams of a substance containing heroin, or an
19 analog thereof;
20 (B) not less than 9 years and not more than 40
21 years with respect to 100 grams or more but less
22 than 400 grams of a substance containing heroin, or
23 an analog thereof;
24 (C) not less than 12 years and not more than
25 50 years with respect to 400 grams or more but less
26 than 900 grams of a substance containing heroin, or
27 an analog thereof;
28 (D) not less than 15 years and not more than
29 60 years with respect to 900 grams or more of any
30 substance containing heroin, or an analog thereof;
31 (2) (A) not less than 6 years and not more than 30
32 years with respect to 15 grams or more but less than
33 100 grams of a substance containing cocaine, or an
34 analog thereof;
SB1756 Enrolled -19- LRB9011691RCpc
1 (B) not less than 9 years and not more than 40
2 years with respect to 100 grams or more but less
3 than 400 grams of a substance containing cocaine, or
4 an analog thereof;
5 (C) not less than 12 years and not more than
6 50 years with respect to 400 grams or more but less
7 than 900 grams of a substance containing cocaine, or
8 an analog thereof;
9 (D) not less than 15 years and not more than
10 60 years with respect to 900 grams or more of any
11 substance containing cocaine, or an analog thereof;
12 (3) (A) not less than 6 years and not more than 30
13 years with respect to 15 grams or more but less than
14 100 grams of a substance containing morphine, or an
15 analog thereof;
16 (B) not less than 9 years and not more than 40
17 years with respect to 100 grams or more but less
18 than 400 grams of a substance containing morphine,
19 or an analog thereof;
20 (C) not less than 12 years and not more than
21 50 years with respect to 400 grams or more but less
22 than 900 grams of a substance containing morphine,
23 or an analog thereof;
24 (D) not less than 15 years and not more than
25 60 years with respect to 900 grams or more of a
26 substance containing morphine, or an analog thereof;
27 (4) 200 grams or more of any substance containing
28 peyote, or an analog thereof;
29 (5) 200 grams or more of any substance containing a
30 derivative of barbituric acid or any of the salts of a
31 derivative of barbituric acid, or an analog thereof;
32 (6) 200 grams or more of any substance containing
33 amphetamine or methamphetamine or any salt of an optical
34 isomer of amphetamine or methamphetamine, or an analog
SB1756 Enrolled -20- LRB9011691RCpc
1 thereof;
2 (7) (A) not less than 6 years and not more than 30
3 years with respect to: (i) 15 grams or more but less
4 than 100 grams of a substance containing lysergic
5 acid diethylamide (LSD), or an analog thereof, or
6 (ii) 15 or more objects or 15 or more segregated
7 parts of an object or objects but less than 200
8 objects or 200 segregated parts of an object or
9 objects containing in them or having upon them any
10 amounts of any substance containing lysergic acid
11 diethylamide (LSD), or an analog thereof;
12 (B) not less than 9 years and not more than 40
13 years with respect to: (i) 100 grams or more but
14 less than 400 grams of a substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 200 or more objects or 200 or more
17 segregated parts of an object or objects but less
18 than 600 objects or less than 600 segregated parts
19 of an object or objects containing in them or having
20 upon them any amount of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof;
23 (C) not less than 12 years and not more than
24 50 years with respect to: (i) 400 grams or more but
25 less than 900 grams of a substance containing
26 lysergic acid diethylamide (LSD), or an analog
27 thereof, or (ii) 600 or more objects or 600 or more
28 segregated parts of an object or objects but less
29 than 1500 objects or 1500 segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of any substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (D) not less than 15 years and not more than
34 60 years with respect to: (i) 900 grams or more of
SB1756 Enrolled -21- LRB9011691RCpc
1 any substance containing lysergic acid diethylamide
2 (LSD), or an analog thereof, or (ii) 1500 or more
3 objects or 1500 or more segregated parts of an
4 object or objects containing in them or having upon
5 them any amount of a substance containing lysergic
6 acid diethylamide (LSD), or an analog thereof;
7 (8) 30 grams or more of any substance containing
8 pentazocine or any of the salts, isomers and salts of
9 isomers of pentazocine, or an analog thereof;
10 (9) 30 grams or more of any substance containing
11 methaqualone or any of the salts, isomers and salts of
12 isomers of methaqualone, or an analog thereof;
13 (10) 30 grams or more of any substance
14 containing phencyclidine or any of the salts, isomers
15 and salts of isomers of phencyclidine (PCP), or an
16 analog thereof;
17 (10.5) 30 grams or more of any substance containing
18 ketamine or any of the salts, isomers and salts of
19 isomers of ketamine, or an analog thereof;
20 (11) 200 grams or more of any substance containing
21 any other controlled substance classified in Schedules I
22 or II, or an analog thereof, which is not otherwise
23 included in this subsection.
24 (b) Any person sentenced with respect to violations of
25 paragraph (1), (2), (3) or (7) of subsection (a) involving
26 100 grams or more of the controlled substance named therein,
27 may in addition to the penalties provided therein, be fined
28 an amount not more than $500,000 or the full street value of
29 the controlled or counterfeit substance or controlled
30 substance analog, whichever is greater. The term "street
31 value" shall have the meaning ascribed in Section 110-5 of
32 the Code of Criminal Procedure of 1963. Any person sentenced
33 with respect to any other provision of subsection (a), may in
34 addition to the penalties provided therein, be fined an
SB1756 Enrolled -22- LRB9011691RCpc
1 amount not to exceed $500,000.
2 (c) Any person who violates this Section with regard to
3 the following amounts of controlled or counterfeit substances
4 or controlled substance analogs, notwithstanding any of the
5 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
6 to the contrary, is guilty of a Class 1 felony. The fine for
7 violation of this subsection (c) shall not be more than
8 $250,000:
9 (1) 10 or more grams but less than 15 grams of any
10 substance containing heroin, or an analog thereof;
11 (2) 1 gram or more but less than 15 grams of any
12 substance containing cocaine, or an analog thereof;
13 (3) 10 grams or more but less than 15 grams of any
14 substance containing morphine, or an analog thereof;
15 (4) 50 grams or more but less than 200 grams of any
16 substance containing peyote, or an analog thereof;
17 (5) 50 grams or more but less than 200 grams of any
18 substance containing a derivative of barbituric acid or
19 any of the salts of a derivative of barbituric acid, or
20 an analog thereof;
21 (6) 50 grams or more but less than 200 grams of any
22 substance containing amphetamine or methamphetamine or
23 any salt of an optical isomer of amphetamine or
24 methamphetamine, or an analog thereof;
25 (7) (i) 5 grams or more but less than 15 grams of
26 any substance containing lysergic acid diethylamide
27 (LSD), or an analog thereof, or (ii) more than 10 objects
28 or more than 10 segregated parts of an object or objects
29 but less than 15 objects or less than 15 segregated parts
30 of an object containing in them or having upon them any
31 amount of any substance containing lysergic acid
32 diethylamide (LSD), or an analog thereof;
33 (8) 10 grams or more but less than 30 grams of any
34 substance containing pentazocine or any of the salts,
SB1756 Enrolled -23- LRB9011691RCpc
1 isomers and salts of isomers of pentazocine, or an analog
2 thereof;
3 (9) 10 grams or more but less than 30 grams of any
4 substance containing methaqualone or any of the salts,
5 isomers and salts of isomers of methaqualone, or an
6 analog thereof;
7 (10) 10 grams or more but less than 30 grams of any
8 substance containing phencyclidine or any of the salts,
9 isomers and salts of isomers of phencyclidine (PCP), or
10 an analog thereof;
11 (10.5) 10 grams or more but less than 30 grams of
12 any substance containing ketamine or any of the salts,
13 isomers and salts of isomers of ketamine, or an analog
14 thereof;
15 (11) 50 grams or more but less than 200 grams of
16 any substance containing a substance classified in
17 Schedules I or II, or an analog thereof, which is not
18 otherwise included in this subsection.
19 (d) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedules I or II, or an analog thereof, which
22 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
23 (LSD) or an analog thereof, is guilty of a Class 2 felony.
24 The fine for violation of this subsection (d) shall not be
25 more than $200,000.
26 (e) Any person who violates this Section with regard to
27 any other amount of a controlled or counterfeit substance
28 classified in Schedule I or II, or an analog thereof, which
29 substance is not included under subsection (d) of this
30 Section, is guilty of a Class 3 felony. The fine for
31 violation of this subsection (e) shall not be more than
32 $150,000.
33 (f) Any person who violates this Section with regard to
34 any other amount of a controlled or counterfeit substance
SB1756 Enrolled -24- LRB9011691RCpc
1 classified in Schedule III is guilty of a Class 3 felony. The
2 fine for violation of this subsection (f) shall not be more
3 than $125,000.
4 (g) Any person who violates this Section with regard to
5 any other amount of a controlled or counterfeit substance
6 classified in Schedule IV is guilty of a Class 3 felony. The
7 fine for violation of this subsection (g) shall not be more
8 than $100,000.
9 (h) Any person who violates this Section with regard to
10 any other amount of a controlled or counterfeit substance
11 classified in Schedule V is guilty of a Class 3 felony. The
12 fine for violation of this subsection (h) shall not be more
13 than $75,000.
14 (i) This Section does not apply to the manufacture,
15 possession or distribution of a substance in conformance with
16 the provisions of an approved new drug application or an
17 exemption for investigational use within the meaning of
18 Section 505 of the Federal Food, Drug and Cosmetic Act.
19 Except as authorized by this Act, it is unlawful for any
20 person knowingly to manufacture or deliver, or possess with
21 intent to manufacture or deliver, a controlled or counterfeit
22 substance or controlled substance analog. A violation of
23 this Act with respect to each of the controlled substances
24 listed herein constitutes a single and separate violation of
25 this Act. For purposes of this Section, "controlled
26 substance analog" or "analog" means a substance which is
27 intended for human consumption, other than a controlled
28 substance, that has a chemical structure substantially
29 similar to that of a controlled substance in Schedule I or
30 II, or that was specifically designed to produce an effect
31 substantially similar to that of a controlled substance in
32 Schedule I or II. Examples of chemical classes in which
33 controlled substance analogs are found include, but are not
34 limited to, the following: phenethylamines, N-substituted
SB1756 Enrolled -25- LRB9011691RCpc
1 piperidines, morphinans, ecgonines, quinazolinones,
2 substituted indoles, and arylcycloalkylamines. For purposes
3 of this Act, a controlled substance analog shall be treated
4 in the same manner as the controlled substance to which it is
5 substantially similar.
6 (a) Any person who violates this Section with respect to
7 the following amounts of controlled or counterfeit substances
8 or controlled substance analogs, notwithstanding any of the
9 provisions of subsections (c), (d), (e), (f), (g) or (h) to
10 the contrary, is guilty of a Class X felony and shall be
11 sentenced to a term of imprisonment as provided in this
12 subsection (a) and fined as provided in subsection (b):
13 (1) (A) not less than 6 years and not more than 30
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing heroin, or an
16 analog thereof;
17 (B) not less than 9 years and not more than 40
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin, or
20 an analog thereof;
21 (C) not less than 12 years and not more than
22 50 years with respect to 400 grams or more but less
23 than 900 grams of a substance containing heroin, or
24 an analog thereof;
25 (D) not less than 15 years and not more than
26 60 years with respect to 900 grams or more of any
27 substance containing heroin, or an analog thereof;
28 (2) (A) not less than 6 years and not more than 30
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing cocaine, or an
31 analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to 100 grams or more but less
34 than 400 grams of a substance containing cocaine, or
SB1756 Enrolled -26- LRB9011691RCpc
1 an analog thereof;
2 (C) not less than 12 years and not more than
3 50 years with respect to 400 grams or more but less
4 than 900 grams of a substance containing cocaine, or
5 an analog thereof;
6 (D) not less than 15 years and not more than
7 60 years with respect to 900 grams or more of any
8 substance containing cocaine, or an analog thereof;
9 (3) (A) not less than 6 years and not more than 30
10 years with respect to 15 grams or more but less than
11 100 grams of a substance containing morphine, or an
12 analog thereof;
13 (B) not less than 9 years and not more than 40
14 years with respect to 100 grams or more but less
15 than 400 grams of a substance containing morphine,
16 or an analog thereof;
17 (C) not less than 12 years and not more than
18 50 years with respect to 400 grams or more but less
19 than 900 grams of a substance containing morphine,
20 or an analog thereof;
21 (D) not less than 15 years and not more than
22 60 years with respect to 900 grams or more of a
23 substance containing morphine, or an analog thereof;
24 (4) 200 grams or more of any substance containing
25 peyote, or an analog thereof;
26 (5) 200 grams or more of any substance containing a
27 derivative of barbituric acid or any of the salts of a
28 derivative of barbituric acid, or an analog thereof;
29 (6) 200 grams or more of any substance containing
30 amphetamine or methamphetamine or any salt of an optical
31 isomer of amphetamine or methamphetamine, or an analog
32 thereof;
33 (7) (A) not less than 6 years and not more than 30
34 years with respect to: (i) 15 grams or more but less
SB1756 Enrolled -27- LRB9011691RCpc
1 than 100 grams of a substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof, or
3 (ii) 15 or more objects or 15 or more segregated
4 parts of an object or objects but less than 200
5 objects or 200 segregated parts of an object or
6 objects containing in them or having upon them any
7 amounts of any substance containing lysergic acid
8 diethylamide (LSD), or an analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to: (i) 100 grams or more but
11 less than 400 grams of a substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 200 or more objects or 200 or more
14 segregated parts of an object or objects but less
15 than 600 objects or less than 600 segregated parts
16 of an object or objects containing in them or having
17 upon them any amount of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof;
20 (C) not less than 12 years and not more than
21 50 years with respect to: (i) 400 grams or more but
22 less than 900 grams of a substance containing
23 lysergic acid diethylamide (LSD), or an analog
24 thereof, or (ii) 600 or more objects or 600 or more
25 segregated parts of an object or objects but less
26 than 1500 objects or 1500 segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of any substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (D) not less than 15 years and not more than
31 60 years with respect to: (i) 900 grams or more of
32 any substance containing lysergic acid diethylamide
33 (LSD), or an analog thereof, or (ii) 1500 or more
34 objects or 1500 or more segregated parts of an
SB1756 Enrolled -28- LRB9011691RCpc
1 object or objects containing in them or having upon
2 them any amount of a substance containing lysergic
3 acid diethylamide (LSD), or an analog thereof;
4 (8) 30 grams or more of any substance containing
5 pentazocine or any of the salts, isomers and salts of
6 isomers of pentazocine, or an analog thereof;
7 (9) 30 grams or more of any substance containing
8 methaqualone or any of the salts, isomers and salts of
9 isomers of methaqualone, or an analog thereof;
10 (10) 30 grams or more of any substance
11 containing phencyclidine or any of the salts, isomers
12 and salts of isomers of phencyclidine (PCP), or an
13 analog thereof;
14 (10.5) 30 grams or more of any substance containing
15 ketamine or any of the salts, isomers and salts of
16 isomers of ketamine, or an analog thereof;
17 (11) 200 grams or more of any substance containing
18 any other controlled substance classified in Schedules I
19 or II, or an analog thereof, which is not otherwise
20 included in this subsection.
21 (b) Any person sentenced with respect to violations of
22 paragraph (1), (2), (3) or (7) of subsection (a) involving
23 100 grams or more of the controlled substance named therein,
24 may in addition to the penalties provided therein, be fined
25 an amount not more than $500,000 or the full street value of
26 the controlled or counterfeit substance or controlled
27 substance analog, whichever is greater. The term "street
28 value" shall have the meaning ascribed in Section 110-5 of
29 the Code of Criminal Procedure of 1963. Any person sentenced
30 with respect to any other provision of subsection (a), may in
31 addition to the penalties provided therein, be fined an
32 amount not to exceed $500,000.
33 (c) Any person who violates this Section with regard to
34 the following amounts of controlled or counterfeit substances
SB1756 Enrolled -29- LRB9011691RCpc
1 or controlled substance analogs, notwithstanding any of the
2 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
3 to the contrary, is guilty of a Class 1 felony. The fine for
4 violation of this subsection (c) shall not be more than
5 $250,000:
6 (1) 10 or more grams but less than 15 grams of any
7 substance containing heroin, or an analog thereof;
8 (2) 1 gram or more but less than 15 grams of any
9 substance containing cocaine, or an analog thereof;
10 (3) 10 grams or more but less than 15 grams of any
11 substance containing morphine, or an analog thereof;
12 (4) 50 grams or more but less than 200 grams of any
13 substance containing peyote, or an analog thereof;
14 (5) 50 grams or more but less than 200 grams of any
15 substance containing a derivative of barbituric acid or
16 any of the salts of a derivative of barbituric acid, or
17 an analog thereof;
18 (6) 50 grams or more but less than 200 grams of any
19 substance containing amphetamine or methamphetamine or
20 any salt of an optical isomer of amphetamine or
21 methamphetamine, or an analog thereof;
22 (7) (i) 5 grams or more but less than 15 grams of
23 any substance containing lysergic acid diethylamide
24 (LSD), or an analog thereof, or (ii) more than 10 objects
25 or more than 10 segregated parts of an object or objects
26 but less than 15 objects or less than 15 segregated parts
27 of an object containing in them or having upon them any
28 amount of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (8) 10 grams or more but less than 30 grams of any
31 substance containing pentazocine or any of the salts,
32 isomers and salts of isomers of pentazocine, or an analog
33 thereof;
34 (9) 10 grams or more but less than 30 grams of any
SB1756 Enrolled -30- LRB9011691RCpc
1 substance containing methaqualone or any of the salts,
2 isomers and salts of isomers of methaqualone, or an
3 analog thereof;
4 (10) 10 grams or more but less than 30 grams of any
5 substance containing phencyclidine or any of the salts,
6 isomers and salts of isomers of phencyclidine (PCP), or
7 an analog thereof;
8 (10.5) 10 grams or more but less than 30 grams of
9 any substance containing ketamine or any of the salts,
10 isomers and salts of isomers of ketamine, or an analog
11 thereof;
12 (11) 50 grams or more but less than 200 grams of
13 any substance containing a substance classified in
14 Schedules I or II, or an analog thereof, which is not
15 otherwise included in this subsection.
16 (d) Any person who violates this Section with regard to
17 any other amount of a controlled or counterfeit substance
18 classified in Schedules I or II, or an analog thereof, which
19 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
20 (LSD) or an analog thereof, is guilty of a Class 2 felony.
21 The fine for violation of this subsection (d) shall not be
22 more than $200,000.
23 (e) Any person who violates this Section with regard to
24 any other amount of a controlled or counterfeit substance
25 classified in Schedule I or II, or an analog thereof, which
26 substance is not included under subsection (d) of this
27 Section, is guilty of a Class 3 felony. The fine for
28 violation of this subsection (e) shall not be more than
29 $150,000.
30 (f) Any person who violates this Section with regard to
31 any other amount of a controlled or counterfeit substance
32 classified in Schedule III is guilty of a Class 3 felony. The
33 fine for violation of this subsection (f) shall not be more
34 than $125,000.
SB1756 Enrolled -31- LRB9011691RCpc
1 (g) Any person who violates this Section with regard to
2 any other amount of a controlled or counterfeit substance
3 classified in Schedule IV is guilty of a Class 3 felony. The
4 fine for violation of this subsection (g) shall not be more
5 than $100,000.
6 (h) Any person who violates this Section with regard to
7 any other amount of a controlled or counterfeit substance
8 classified in Schedule V is guilty of a Class 3 felony. The
9 fine for violation of this subsection (h) shall not be more
10 than $75,000.
11 (i) This Section does not apply to the manufacture,
12 possession or distribution of a substance in conformance with
13 the provisions of an approved new drug application or an
14 exemption for investigational use within the meaning of
15 Section 505 of the Federal Food, Drug and Cosmetic Act.
16 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
17 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
18 Sec. 402. Except as otherwise authorized by this Act, it
19 is unlawful for any person knowingly to possess a controlled
20 or counterfeit substance. A violation of this Act with
21 respect to each of the controlled substances listed herein
22 constitutes a single and separate violation of this Act.
23 (a) Any person who violates this Section with respect to
24 the following controlled or counterfeit substances and
25 amounts, notwithstanding any of the provisions of subsection
26 (c) and (d) to the contrary, is guilty of a Class 1 felony
27 and shall, if sentenced to a term of imprisonment, be
28 sentenced as provided in this subsection (a) and fined as
29 provided in subsection (b):
30 (1) (A) not less than 4 years and not more than 15
31 years with respect to 15 grams or more but less than
32 100 grams of a substance containing heroin;
33 (B) not less than 6 years and not more than 30
SB1756 Enrolled -32- LRB9011691RCpc
1 years with respect to 100 grams or more but less
2 than 400 grams of a substance containing heroin;
3 (C) not less than 8 years and not more than 40
4 years with respect to 400 grams or more but less
5 than 900 grams of any substance containing heroin;
6 (D) not less than 10 years and not more than
7 50 years with respect to 900 grams or more of any
8 substance containing heroin;
9 (2) (A) not less than 4 years and not more than 15
10 years with respect to 15 grams or more but less than
11 100 grams of any substance containing cocaine;
12 (B) not less than 6 years and not more than 30
13 years with respect to 100 grams or more but less
14 than 400 grams of any substance containing cocaine;
15 (C) not less than 8 years and not more than 40
16 years with respect to 400 grams or more but less
17 than 900 grams of any substance containing cocaine;
18 (D) not less than 10 years and not more than
19 50 years with respect to 900 grams or more of any
20 substance containing cocaine;
21 (3) (A) not less than 4 years and not more than 15
22 years with respect to 15 grams or more but less than
23 100 grams of any substance containing morphine;
24 (B) not less than 6 years and not more than 30
25 years with respect to 100 grams or more but less
26 than 400 grams of any substance containing morphine;
27 (C) not less than 8 years and not more than 40
28 years with respect to 400 grams or more but less
29 than 900 grams of any substance containing morphine;
30 (D) not less than 10 years and not more than
31 50 years with respect to 900 grams or more of any
32 substance containing morphine;
33 (4) 200 grams or more of any substance containing
SB1756 Enrolled -33- LRB9011691RCpc
1 peyote;
2 (5) 200 grams or more of any substance containing a
3 derivative of barbituric acid or any of the salts of a
4 derivative of barbituric acid;
5 (6) 200 grams or more of any substance containing
6 amphetamine or methamphetamine or any salt of an optical
7 isomer of amphetamine or methamphetamine;
8 (7) (A) not less than 4 years and not more than 15
9 years with respect to: (i) 15 grams or more but less
10 than 100 grams of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof, or
12 (ii) 15 or more objects or 15 or more segregated
13 parts of an object or objects but less than 200
14 objects or 200 segregated parts of an object or
15 objects containing in them or having upon them any
16 amount of any substance containing lysergic acid
17 diethylamide (LSD), or an analog thereof;
18 (B) not less than 6 years and not more than 30
19 years with respect to: (i) 100 grams or more but
20 less than 400 grams of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof, or (ii) 200 or more objects or 200 or more
23 segregated parts of an object or objects but less
24 than 600 objects or less than 600 segregated parts
25 of an object or objects containing in them or having
26 upon them any amount of any substance containing
27 lysergic acid diethylamide (LSD), or an analog
28 thereof;
29 (C) not less than 8 years and not more than 40
30 years with respect to: (i) 400 grams or more but
31 less than 900 grams of any substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof, or (ii) 600 or more objects or 600 or more
34 segregated parts of an object or objects but less
SB1756 Enrolled -34- LRB9011691RCpc
1 than 1500 objects or 1500 segregated parts of an
2 object or objects containing in them or having upon
3 them any amount of any substance containing lysergic
4 acid diethylamide (LSD), or an analog thereof;
5 (D) not less than 10 years and not more than
6 50 years with respect to: (i) 900 grams or more of
7 any substance containing lysergic acid diethylamide
8 (LSD), or an analog thereof, or (ii) 1500 or more
9 objects or 1500 or more segregated parts of an
10 object or objects containing in them or having upon
11 them any amount of a substance containing lysergic
12 acid diethylamide (LSD), or an analog thereof;
13 (8) 30 grams or more of any substance containing
14 pentazocine or any of the salts, isomers and salts of
15 isomers of pentazocine, or an analog thereof;
16 (9) 30 grams or more of any substance containing
17 methaqualone or any of the salts, isomers and salts of
18 isomers of methaqualone;
19 (10) 30 grams or more of any substance containing
20 phencyclidine or any of the salts, isomers and salts of
21 isomers of phencyclidine (PCP);
22 (10.5) 30 grams or more of any substance containing
23 ketamine or any of the salts, isomers and salts of
24 isomers of ketamine;
25 (11) 200 grams or more of any substance containing
26 any substance classified as a narcotic drug in Schedules
27 I or II which is not otherwise included in this
28 subsection.
29 (b) Any person sentenced with respect to violations of
30 paragraph (1), (2), (3) or (7) of subsection (a) involving
31 100 grams or more of the controlled substance named therein,
32 may in addition to the penalties provided therein, be fined
33 an amount not to exceed $200,000 or the full street value of
34 the controlled or counterfeit substances, whichever is
SB1756 Enrolled -35- LRB9011691RCpc
1 greater. The term "street value" shall have the meaning
2 ascribed in Section 110-5 of the Code of Criminal Procedure
3 of 1963. Any person sentenced with respect to any other
4 provision of subsection (a), may in addition to the penalties
5 provided therein, be fined an amount not to exceed $200,000.
6 (c) Any person who violates this Section with regard to
7 an amount of a controlled or counterfeit substance not set
8 forth in subsection (a) or (d) is guilty of a Class 4 felony.
9 The fine for a violation punishable under this subsection (c)
10 shall not be more than $25,000.
11 (d) Any person who violates this Section with regard to
12 any amount of anabolic steroid is guilty of a Class C
13 misdemeanor for the first offense and a Class B misdemeanor
14 for a subsequent offense committed within 2 years of a prior
15 conviction.
16 Except as otherwise authorized by this Act, it is
17 unlawful for any person knowingly to possess a controlled or
18 counterfeit substance. A violation of this Act with respect
19 to each of the controlled substances listed herein
20 constitutes a single and separate violation of this Act.
21 (a) Any person who violates this Section with respect to
22 the following controlled or counterfeit substances and
23 amounts, notwithstanding any of the provisions of subsection
24 (c) and (d) to the contrary, is guilty of a Class 1 felony
25 and shall, if sentenced to a term of imprisonment, be
26 sentenced as provided in this subsection (a) and fined as
27 provided in subsection (b):
28 (1) (A) not less than 4 years and not more than 15
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing heroin;
31 (B) not less than 6 years and not more than 30
32 years with respect to 100 grams or more but less
33 than 400 grams of a substance containing heroin;
34 (C) not less than 8 years and not more than 40
SB1756 Enrolled -36- LRB9011691RCpc
1 years with respect to 400 grams or more but less
2 than 900 grams of any substance containing heroin;
3 (D) not less than 10 years and not more than
4 50 years with respect to 900 grams or more of any
5 substance containing heroin;
6 (2) (A) not less than 4 years and not more than 15
7 years with respect to 15 grams or more but less than
8 100 grams of any substance containing cocaine;
9 (B) not less than 6 years and not more than 30
10 years with respect to 100 grams or more but less
11 than 400 grams of any substance containing cocaine;
12 (C) not less than 8 years and not more than 40
13 years with respect to 400 grams or more but less
14 than 900 grams of any substance containing cocaine;
15 (D) not less than 10 years and not more than
16 50 years with respect to 900 grams or more of any
17 substance containing cocaine;
18 (3) (A) not less than 4 years and not more than 15
19 years with respect to 15 grams or more but less than
20 100 grams of any substance containing morphine;
21 (B) not less than 6 years and not more than 30
22 years with respect to 100 grams or more but less
23 than 400 grams of any substance containing morphine;
24 (C) not less than 8 years and not more than 40
25 years with respect to 400 grams or more but less
26 than 900 grams of any substance containing morphine;
27 (D) not less than 10 years and not more than
28 50 years with respect to 900 grams or more of any
29 substance containing morphine;
30 (4) 200 grams or more of any substance containing
31 peyote;
32 (5) 200 grams or more of any substance containing a
33 derivative of barbituric acid or any of the salts of a
SB1756 Enrolled -37- LRB9011691RCpc
1 derivative of barbituric acid;
2 (6) 200 grams or more of any substance containing
3 amphetamine or methamphetamine or any salt of an optical
4 isomer of amphetamine or methamphetamine;
5 (7) (A) not less than 4 years and not more than 15
6 years with respect to: (i) 15 grams or more but less
7 than 100 grams of any substance containing lysergic
8 acid diethylamide (LSD), or an analog thereof, or
9 (ii) 15 or more objects or 15 or more segregated
10 parts of an object or objects but less than 200
11 objects or 200 segregated parts of an object or
12 objects containing in them or having upon them any
13 amount of any substance containing lysergic acid
14 diethylamide (LSD), or an analog thereof;
15 (B) not less than 6 years and not more than 30
16 years with respect to: (i) 100 grams or more but
17 less than 400 grams of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof, or (ii) 200 or more objects or 200 or more
20 segregated parts of an object or objects but less
21 than 600 objects or less than 600 segregated parts
22 of an object or objects containing in them or having
23 upon them any amount of any substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof;
26 (C) not less than 8 years and not more than 40
27 years with respect to: (i) 400 grams or more but
28 less than 900 grams of any substance containing
29 lysergic acid diethylamide (LSD), or an analog
30 thereof, or (ii) 600 or more objects or 600 or more
31 segregated parts of an object or objects but less
32 than 1500 objects or 1500 segregated parts of an
33 object or objects containing in them or having upon
34 them any amount of any substance containing lysergic
SB1756 Enrolled -38- LRB9011691RCpc
1 acid diethylamide (LSD), or an analog thereof;
2 (D) not less than 10 years and not more than
3 50 years with respect to: (i) 900 grams or more of
4 any substance containing lysergic acid diethylamide
5 (LSD), or an analog thereof, or (ii) 1500 or more
6 objects or 1500 or more segregated parts of an
7 object or objects containing in them or having upon
8 them any amount of a substance containing lysergic
9 acid diethylamide (LSD), or an analog thereof;
10 (8) 30 grams or more of any substance containing
11 pentazocine or any of the salts, isomers and salts of
12 isomers of pentazocine, or an analog thereof;
13 (9) 30 grams or more of any substance containing
14 methaqualone or any of the salts, isomers and salts of
15 isomers of methaqualone;
16 (10) 30 grams or more of any substance containing
17 phencyclidine or any of the salts, isomers and salts of
18 isomers of phencyclidine (PCP);
19 (10.5) 30 grams or more of any substance containing
20 ketamine or any of the salts, isomers and salts of
21 isomers of ketamine;
22 (11) 200 grams or more of any substance containing
23 any substance classified as a narcotic drug in Schedules
24 I or II which is not otherwise included in this
25 subsection.
26 (b) Any person sentenced with respect to violations of
27 paragraph (1), (2), (3) or (7) of subsection (a) involving
28 100 grams or more of the controlled substance named therein,
29 may in addition to the penalties provided therein, be fined
30 an amount not to exceed $200,000 or the full street value of
31 the controlled or counterfeit substances, whichever is
32 greater. The term "street value" shall have the meaning
33 ascribed in Section 110-5 of the Code of Criminal Procedure
34 of 1963. Any person sentenced with respect to any other
SB1756 Enrolled -39- LRB9011691RCpc
1 provision of subsection (a), may in addition to the penalties
2 provided therein, be fined an amount not to exceed $200,000.
3 (c) Any person who violates this Section with regard to
4 an amount of a controlled or counterfeit substance not set
5 forth in subsection (a) or (d) is guilty of a Class 4 felony.
6 The fine for a violation punishable under this subsection (c)
7 shall not be more than $25,000.
8 (d) Any person who violates this Section with regard to
9 any amount of anabolic steroid is guilty of a Class C
10 misdemeanor for the first offense and a Class B misdemeanor
11 for a subsequent offense committed within 2 years of a prior
12 conviction.
13 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
14 90-384, eff. 1-1-98; revised 11-13-97.)
15 (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
16 Sec. 405.1. (a) Elements of the offense. A person
17 commits criminal drug conspiracy when, with the intent that
18 an offense set forth in Section 401, Section 402, or Section
19 407 of this Act be committed, he agrees with another to the
20 commission of that offense. No person may be convicted of
21 conspiracy to commit such an offense unless an act in
22 furtherance of such agreement is alleged and proved to have
23 been committed by him or by a co-conspirator.
24 (b) Co-conspirators. It shall not be a defense to
25 conspiracy that the person or persons with whom the accused
26 is alleged to have conspired:
27 (1) Has not been prosecuted or convicted, or
28 (2) Has been convicted of a different offense, or
29 (3) Is not amenable to justice, or
30 (4) Has been acquitted, or
31 (5) Lacked the capacity to commit an offense.
32 (c) Sentence. A person convicted of criminal drug
33 conspiracy may be fined or imprisoned or both, but any term
SB1756 Enrolled -40- LRB9011691RCpc
1 of imprisonment imposed shall be not less than the minimum
2 nor more than the maximum provided for the offense which is
3 the object of the conspiracy.
4 (a) Elements of the offense. A person commits criminal
5 drug conspiracy when, with the intent that an offense set
6 forth in Section 401, Section 402, or Section 407 of this Act
7 be committed, he agrees with another to the commission of
8 that offense. No person may be convicted of conspiracy to
9 commit such an offense unless an act in furtherance of such
10 agreement is alleged and proved to have been committed by him
11 or by a co-conspirator.
12 (b) Co-conspirators. It shall not be a defense to
13 conspiracy that the person or persons with whom the accused
14 is alleged to have conspired:
15 (1) Has not been prosecuted or convicted, or
16 (2) Has been convicted of a different offense, or
17 (3) Is not amenable to justice, or
18 (4) Has been acquitted, or
19 (5) Lacked the capacity to commit an offense.
20 (c) Sentence. A person convicted of criminal drug
21 conspiracy may be fined or imprisoned or both, but any term
22 of imprisonment imposed shall be not less than the minimum
23 nor more than the maximum provided for the offense which is
24 the object of the conspiracy.
25 (Source: P.A. 89-404, eff. 8-20-95.)
26 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
27 Sec. 505. (a) The following are subject to forfeiture:
28 (1) all substances which have been manufactured,
29 distributed, dispensed, or possessed in violation of this
30 Act;
31 (2) all raw materials, products and equipment of
32 any kind which are used, or intended for use in
33 manufacturing, distributing, dispensing, administering or
SB1756 Enrolled -41- LRB9011691RCpc
1 possessing any substance in violation of this Act;
2 (3) all conveyances, including aircraft, vehicles
3 or vessels, which are used, or intended for use, to
4 transport, or in any manner to facilitate the
5 transportation, sale, receipt, possession, or concealment
6 of property described in paragraphs (1) and (2), but:
7 (i) no conveyance used by any person as a
8 common carrier in the transaction of business as a
9 common carrier is subject to forfeiture under this
10 Section unless it appears that the owner or other
11 person in charge of the conveyance is a consenting
12 party or privy to a violation of this Act;
13 (ii) no conveyance is subject to forfeiture
14 under this Section by reason of any act or omission
15 which the owner proves to have been committed or
16 omitted without his knowledge or consent;
17 (iii) a forfeiture of a conveyance encumbered
18 by a bona fide security interest is subject to the
19 interest of the secured party if he neither had
20 knowledge of nor consented to the act or omission;
21 (4) all money, things of value, books, records, and
22 research products and materials including formulas,
23 microfilm, tapes, and data which are used, or intended to
24 be used in violation of this Act;
25 (5) everything of value furnished, or intended to
26 be furnished, in exchange for a substance in violation of
27 this Act, all proceeds traceable to such an exchange, and
28 all moneys, negotiable instruments, and securities used,
29 or intended to be used, to commit or in any manner to
30 facilitate any violation of this Act;
31 (6) all real property, including any right, title,
32 and interest (including, but not limited to, any
33 leasehold interest or the beneficial interest in a land
34 trust) in the whole of any lot or tract of land and any
SB1756 Enrolled -42- LRB9011691RCpc
1 appurtenances or improvements, which is used or intended
2 to be used, in any manner or part, to commit, or in any
3 manner to facilitate the commission of, any violation or
4 act that constitutes a violation of Section 401 or 405 of
5 this Act or that is the proceeds of any violation or act
6 that constitutes a violation of Section 401 or 405 of
7 this Act.
8 (b) Property subject to forfeiture under this Act may be
9 seized by the Director or any peace officer upon process or
10 seizure warrant issued by any court having jurisdiction over
11 the property. Seizure by the Director or any peace officer
12 without process may be made:
13 (1) if the seizure is incident to inspection under
14 an administrative inspection warrant;
15 (2) if the property subject to seizure has been the
16 subject of a prior judgment in favor of the State in a
17 criminal proceeding, or in an injunction or forfeiture
18 proceeding based upon this Act or the Drug Asset
19 Forfeiture Procedure Act;
20 (3) if there is probable cause to believe that the
21 property is directly or indirectly dangerous to health or
22 safety;
23 (4) if there is probable cause to believe that the
24 property is subject to forfeiture under this Act and the
25 property is seized under circumstances in which a
26 warrantless seizure or arrest would be reasonable; or
27 (5) in accordance with the Code of Criminal
28 Procedure of 1963.
29 (c) In the event of seizure pursuant to subsection (b),
30 forfeiture proceedings shall be instituted in accordance with
31 the Drug Asset Forfeiture Procedure Act.
32 (d) Property taken or detained under this Section shall
33 not be subject to replevin, but is deemed to be in the
34 custody of the Director subject only to the order and
SB1756 Enrolled -43- LRB9011691RCpc
1 judgments of the circuit court having jurisdiction over the
2 forfeiture proceedings and the decisions of the State's
3 Attorney under the Drug Asset Forfeiture Procedure Act. When
4 property is seized under this Act, the seizing agency shall
5 promptly conduct an inventory of the seized property and
6 estimate the property's value, and shall forward a copy of
7 the inventory of seized property and the estimate of the
8 property's value to the Director. Upon receiving notice of
9 seizure, the Director may:
10 (1) place the property under seal;
11 (2) remove the property to a place designated by
12 the Director;
13 (3) keep the property in the possession of the
14 seizing agency;
15 (4) remove the property to a storage area for
16 safekeeping or, if the property is a negotiable
17 instrument or money and is not needed for evidentiary
18 purposes, deposit it in an interest bearing account;
19 (5) place the property under constructive seizure
20 by posting notice of pending forfeiture on it, by giving
21 notice of pending forfeiture to its owners and interest
22 holders, or by filing notice of pending forfeiture in any
23 appropriate public record relating to the property; or
24 (6) provide for another agency or custodian,
25 including an owner, secured party, or lienholder, to take
26 custody of the property upon the terms and conditions set
27 by the Director.
28 (e) If the Department of Professional Regulation
29 suspends or revokes a registration, all controlled substances
30 owned or possessed by the registrant at the time of
31 suspension or the effective date of the revocation order may
32 be placed under seal. No disposition may be made of
33 substances under seal until the time for taking an appeal has
34 elapsed or until all appeals have been concluded unless a
SB1756 Enrolled -44- LRB9011691RCpc
1 court, upon application therefor, orders the sale of
2 perishable substances and the deposit of the proceeds of the
3 sale with the court. Upon a revocation rule becoming final,
4 all substances may be forfeited to the Department of
5 Professional Regulation.
6 (f) When property is forfeited under this Act the
7 Director shall sell all such property unless such property is
8 required by law to be destroyed or is harmful to the public,
9 and shall distribute the proceeds of the sale, together with
10 any moneys forfeited or seized, in accordance with subsection
11 (g). However, upon the application of the seizing agency or
12 prosecutor who was responsible for the investigation, arrest
13 or arrests and prosecution which lead to the forfeiture, the
14 Director may return any item of forfeited property to the
15 seizing agency or prosecutor for official use in the
16 enforcement of laws relating to cannabis or controlled
17 substances, if the agency or prosecutor can demonstrate that
18 the item requested would be useful to the agency or
19 prosecutor in their enforcement efforts. When any real
20 property returned to the seizing agency is sold by the agency
21 or its unit of government, the proceeds of the sale shall be
22 delivered to the Director and distributed in accordance with
23 subsection (g).
24 (g) All monies and the sale proceeds of all other
25 property forfeited and seized under this Act shall be
26 distributed as follows:
27 (1) 65% shall be distributed to the metropolitan
28 enforcement group, local, municipal, county, or state law
29 enforcement agency or agencies which conducted or
30 participated in the investigation resulting in the
31 forfeiture. The distribution shall bear a reasonable
32 relationship to the degree of direct participation of the
33 law enforcement agency in the effort resulting in the
34 forfeiture, taking into account the total value of the
SB1756 Enrolled -45- LRB9011691RCpc
1 property forfeited and the total law enforcement effort
2 with respect to the violation of the law upon which the
3 forfeiture is based. Amounts distributed to the agency or
4 agencies shall be used for the enforcement of laws
5 governing cannabis and controlled substances, except that
6 amounts distributed to the Secretary of State shall be
7 deposited into the Secretary of State Evidence Fund to be
8 used as provided in Section 2-115 of the Illinois Vehicle
9 Code.
10 (2)(i) 12.5% shall be distributed to the Office of
11 the State's Attorney of the county in which the
12 prosecution resulting in the forfeiture was instituted,
13 deposited in a special fund in the county treasury and
14 appropriated to the State's Attorney for use in the
15 enforcement of laws governing cannabis and controlled
16 substances. In counties over 3,000,000 population, 25%
17 will be distributed to the Office of the State's Attorney
18 for use in the enforcement of laws governing cannabis and
19 controlled substances. If the prosecution is undertaken
20 solely by the Attorney General, the portion provided
21 hereunder shall be distributed to the Attorney General
22 for use in the enforcement of laws governing cannabis and
23 controlled substances.
24 (ii) 12.5% shall be distributed to the Office of
25 the State's Attorneys Appellate Prosecutor and deposited
26 in the Narcotics Profit Forfeiture Fund of that office to
27 be used for additional expenses incurred in the
28 investigation, prosecution and appeal of cases arising
29 under laws governing cannabis and controlled substances.
30 The Office of the State's Attorneys Appellate Prosecutor
31 shall not receive distribution from cases brought in
32 counties with over 3,000,000 population.
33 (3) 10% shall be retained by the Department of
34 State Police for expenses related to the administration
SB1756 Enrolled -46- LRB9011691RCpc
1 and sale of seized and forfeited property.
2 (h) Species of plants from which controlled substances
3 in Schedules I and II may be derived which have been planted
4 or cultivated in violation of this Act, or of which the
5 owners or cultivators are unknown, or which are wild growths,
6 may be seized and summarily forfeited to the State. The
7 failure, upon demand by the Director or any peace officer, of
8 the person in occupancy or in control of land or premises
9 upon which the species of plants are growing or being stored,
10 to produce registration, or proof that he is the holder
11 thereof, constitutes authority for the seizure and forfeiture
12 of the plants.
13 (a) The following are subject to forfeiture:
14 (1) all substances which have been manufactured,
15 distributed, dispensed, or possessed in violation of this
16 Act;
17 (2) all raw materials, products and equipment of
18 any kind which are used, or intended for use in
19 manufacturing, distributing, dispensing, administering or
20 possessing any substance in violation of this Act;
21 (3) all conveyances, including aircraft, vehicles
22 or vessels, which are used, or intended for use, to
23 transport, or in any manner to facilitate the
24 transportation, sale, receipt, possession, or concealment
25 of property described in paragraphs (1) and (2), but:
26 (i) no conveyance used by any person as a
27 common carrier in the transaction of business as a
28 common carrier is subject to forfeiture under this
29 Section unless it appears that the owner or other
30 person in charge of the conveyance is a consenting
31 party or privy to a violation of this Act;
32 (ii) no conveyance is subject to forfeiture
33 under this Section by reason of any act or omission
34 which the owner proves to have been committed or
SB1756 Enrolled -47- LRB9011691RCpc
1 omitted without his knowledge or consent;
2 (iii) a forfeiture of a conveyance encumbered
3 by a bona fide security interest is subject to the
4 interest of the secured party if he neither had
5 knowledge of nor consented to the act or omission;
6 (4) all money, things of value, books, records, and
7 research products and materials including formulas,
8 microfilm, tapes, and data which are used, or intended to
9 be used in violation of this Act;
10 (5) everything of value furnished, or intended to
11 be furnished, in exchange for a substance in violation of
12 this Act, all proceeds traceable to such an exchange, and
13 all moneys, negotiable instruments, and securities used,
14 or intended to be used, to commit or in any manner to
15 facilitate any violation of this Act;
16 (6) all real property, including any right, title,
17 and interest (including, but not limited to, any
18 leasehold interest or the beneficial interest in a land
19 trust) in the whole of any lot or tract of land and any
20 appurtenances or improvements, which is used or intended
21 to be used, in any manner or part, to commit, or in any
22 manner to facilitate the commission of, any violation or
23 act that constitutes a violation of Section 401 or 405 of
24 this Act or that is the proceeds of any violation or act
25 that constitutes a violation of Section 401 or 405 of
26 this Act.
27 (b) Property subject to forfeiture under this Act may be
28 seized by the Director or any peace officer upon process or
29 seizure warrant issued by any court having jurisdiction over
30 the property. Seizure by the Director or any peace officer
31 without process may be made:
32 (1) if the seizure is incident to inspection under
33 an administrative inspection warrant;
34 (2) if the property subject to seizure has been the
SB1756 Enrolled -48- LRB9011691RCpc
1 subject of a prior judgment in favor of the State in a
2 criminal proceeding, or in an injunction or forfeiture
3 proceeding based upon this Act or the Drug Asset
4 Forfeiture Procedure Act;
5 (3) if there is probable cause to believe that the
6 property is directly or indirectly dangerous to health or
7 safety;
8 (4) if there is probable cause to believe that the
9 property is subject to forfeiture under this Act and the
10 property is seized under circumstances in which a
11 warrantless seizure or arrest would be reasonable; or
12 (5) in accordance with the Code of Criminal
13 Procedure of 1963.
14 (c) In the event of seizure pursuant to subsection (b),
15 forfeiture proceedings shall be instituted in accordance with
16 the Drug Asset Forfeiture Procedure Act.
17 (d) Property taken or detained under this Section shall
18 not be subject to replevin, but is deemed to be in the
19 custody of the Director subject only to the order and
20 judgments of the circuit court having jurisdiction over the
21 forfeiture proceedings and the decisions of the State's
22 Attorney under the Drug Asset Forfeiture Procedure Act. When
23 property is seized under this Act, the seizing agency shall
24 promptly conduct an inventory of the seized property and
25 estimate the property's value, and shall forward a copy of
26 the inventory of seized property and the estimate of the
27 property's value to the Director. Upon receiving notice of
28 seizure, the Director may:
29 (1) place the property under seal;
30 (2) remove the property to a place designated by
31 the Director;
32 (3) keep the property in the possession of the
33 seizing agency;
34 (4) remove the property to a storage area for
SB1756 Enrolled -49- LRB9011691RCpc
1 safekeeping or, if the property is a negotiable
2 instrument or money and is not needed for evidentiary
3 purposes, deposit it in an interest bearing account;
4 (5) place the property under constructive seizure
5 by posting notice of pending forfeiture on it, by giving
6 notice of pending forfeiture to its owners and interest
7 holders, or by filing notice of pending forfeiture in any
8 appropriate public record relating to the property; or
9 (6) provide for another agency or custodian,
10 including an owner, secured party, or lienholder, to take
11 custody of the property upon the terms and conditions set
12 by the Director.
13 (e) If the Department of Professional Regulation
14 suspends or revokes a registration, all controlled substances
15 owned or possessed by the registrant at the time of
16 suspension or the effective date of the revocation order may
17 be placed under seal. No disposition may be made of
18 substances under seal until the time for taking an appeal has
19 elapsed or until all appeals have been concluded unless a
20 court, upon application therefor, orders the sale of
21 perishable substances and the deposit of the proceeds of the
22 sale with the court. Upon a revocation rule becoming final,
23 all substances may be forfeited to the Department of
24 Professional Regulation.
25 (f) When property is forfeited under this Act the
26 Director shall sell all such property unless such property is
27 required by law to be destroyed or is harmful to the public,
28 and shall distribute the proceeds of the sale, together with
29 any moneys forfeited or seized, in accordance with subsection
30 (g). However, upon the application of the seizing agency or
31 prosecutor who was responsible for the investigation, arrest
32 or arrests and prosecution which lead to the forfeiture, the
33 Director may return any item of forfeited property to the
34 seizing agency or prosecutor for official use in the
SB1756 Enrolled -50- LRB9011691RCpc
1 enforcement of laws relating to cannabis or controlled
2 substances, if the agency or prosecutor can demonstrate that
3 the item requested would be useful to the agency or
4 prosecutor in their enforcement efforts. When any real
5 property returned to the seizing agency is sold by the agency
6 or its unit of government, the proceeds of the sale shall be
7 delivered to the Director and distributed in accordance with
8 subsection (g).
9 (g) All monies and the sale proceeds of all other
10 property forfeited and seized under this Act shall be
11 distributed as follows:
12 (1) 65% shall be distributed to the metropolitan
13 enforcement group, local, municipal, county, or state law
14 enforcement agency or agencies which conducted or
15 participated in the investigation resulting in the
16 forfeiture. The distribution shall bear a reasonable
17 relationship to the degree of direct participation of the
18 law enforcement agency in the effort resulting in the
19 forfeiture, taking into account the total value of the
20 property forfeited and the total law enforcement effort
21 with respect to the violation of the law upon which the
22 forfeiture is based. Amounts distributed to the agency or
23 agencies shall be used for the enforcement of laws
24 governing cannabis and controlled substances, except that
25 amounts distributed to the Secretary of State shall be
26 deposited into the Secretary of State Evidence Fund to be
27 used as provided in Section 2-115 of the Illinois Vehicle
28 Code.
29 (2)(i) 12.5% shall be distributed to the Office of
30 the State's Attorney of the county in which the
31 prosecution resulting in the forfeiture was instituted,
32 deposited in a special fund in the county treasury and
33 appropriated to the State's Attorney for use in the
34 enforcement of laws governing cannabis and controlled
SB1756 Enrolled -51- LRB9011691RCpc
1 substances. In counties over 3,000,000 population, 25%
2 will be distributed to the Office of the State's Attorney
3 for use in the enforcement of laws governing cannabis and
4 controlled substances. If the prosecution is undertaken
5 solely by the Attorney General, the portion provided
6 hereunder shall be distributed to the Attorney General
7 for use in the enforcement of laws governing cannabis and
8 controlled substances.
9 (ii) 12.5% shall be distributed to the Office of
10 the State's Attorneys Appellate Prosecutor and deposited
11 in the Narcotics Profit Forfeiture Fund of that office to
12 be used for additional expenses incurred in the
13 investigation, prosecution and appeal of cases arising
14 under laws governing cannabis and controlled substances.
15 The Office of the State's Attorneys Appellate Prosecutor
16 shall not receive distribution from cases brought in
17 counties with over 3,000,000 population.
18 (3) 10% shall be retained by the Department of
19 State Police for expenses related to the administration
20 and sale of seized and forfeited property.
21 (h) Species of plants from which controlled substances
22 in Schedules I and II may be derived which have been planted
23 or cultivated in violation of this Act, or of which the
24 owners or cultivators are unknown, or which are wild growths,
25 may be seized and summarily forfeited to the State. The
26 failure, upon demand by the Director or any peace officer, of
27 the person in occupancy or in control of land or premises
28 upon which the species of plants are growing or being stored,
29 to produce registration, or proof that he is the holder
30 thereof, constitutes authority for the seizure and forfeiture
31 of the plants.
32 (Source: P.A. 88-517; 89-404, eff. 8-20-95.)
33 Section 30. Section 107-4 of the Code of Criminal
SB1756 Enrolled -52- LRB9011691RCpc
1 Procedure of 1963 is amended as follows:
2 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
3 Sec. 107-4. Arrest by peace officer from other
4 jurisdiction.
5 (a) As used in this Section:
6 (1) "State" means any state of the United States
7 and the District of Columbia.
8 (2) "Peace Officer" means any peace officer or
9 member of any duly organized State, County, or Municipal
10 peace unit or police force of another state.
11 (3) "Fresh pursuit" means the immediate pursuit of
12 a person who is endeavoring to avoid arrest.
13 (4) "Law enforcement agency" means a municipal
14 police department or county sheriff's office of this
15 State.
16 (a-3) Any peace officer employed by a law enforcement
17 agency of this State may conduct temporary questioning
18 pursuant to Section 107-14 of this Code and may make arrests
19 in any jurisdiction within this State if: (1) the officer is
20 engaged in the investigation of an offense that occurred in
21 the officer's primary jurisdiction and the temporary
22 questioning is conducted or the arrest is made pursuant to
23 that investigation; or (2) the officer, while on duty as a
24 peace officer, becomes personally aware of the immediate
25 commission of a felony or misdemeanor violation of the laws
26 of this State. While acting pursuant to this subsection, an
27 officer has the same authority as within his or her own
28 jurisdiction.
29 (a-7) The law enforcement agency of the county or
30 municipality in which any arrest is made under this Section
31 shall be immediately notified of the arrest.
32 (b) Any peace officer of another state who enters this
33 State in fresh pursuit and continues within this State in
SB1756 Enrolled -53- LRB9011691RCpc
1 fresh pursuit of a person in order to arrest him on the
2 ground that he has committed an offense in the other state
3 has the same authority to arrest and hold the person in
4 custody as peace officers of this State have to arrest and
5 hold a person in custody on the ground that he has committed
6 an offense in this State.
7 (c) If an arrest is made in this State by a peace
8 officer of another state in accordance with the provisions of
9 this Section he shall without unnecessary delay take the
10 person arrested before the circuit court of the county in
11 which the arrest was made. Such court shall conduct a hearing
12 for the purpose of determining the lawfulness of the arrest.
13 If the court determines that the arrest was lawful it shall
14 commit the person arrested, to await for a reasonable time
15 the issuance of an extradition warrant by the Governor of
16 this State, or admit him to bail for such purpose. If the
17 court determines that the arrest was unlawful it shall
18 discharge the person arrested.
19 Arrest by peace officer from other jurisdiction.
20 (a) As used in this Section:
21 (1) "State" means any State of the United States
22 and the District of Columbia.
23 (2) "Peace Officer" means any peace officer or
24 member of any duly organized State, County, or Municipal
25 peace unit or police force of another State.
26 (3) "Fresh pursuit" means the immediate pursuit of
27 a person who is endeavoring to avoid arrest.
28 (4) "Law enforcement agency" means a municipal
29 police department or county sheriff's office of this
30 State.
31 (a-3) Any peace officer employed by a law enforcement
32 agency of this State may conduct temporary questioning
33 pursuant to Section 107-14 of this Code and may make arrests
34 in any jurisdiction within this State if: (1) the officer is
SB1756 Enrolled -54- LRB9011691RCpc
1 engaged in the investigation of an offense that occurred in
2 the officer's primary jurisdiction and the temporary
3 questioning is conducted or the arrest is made pursuant to
4 that investigation; or (2) the officer, while on duty as a
5 peace officer, becomes personally aware of the immediate
6 commission of a felony or misdemeanor violation of the laws
7 of this State. While acting pursuant to this subsection, an
8 officer has the same authority as within his or her own
9 jurisdiction.
10 (a-7) The law enforcement agency of the county or
11 municipality in which any arrest is made under this Section
12 shall be immediately notified of the arrest.
13 (b) Any peace officer of another State who enters this
14 State in fresh pursuit and continues within this State in
15 fresh pursuit of a person in order to arrest him on the
16 ground that he has committed an offense in the other State
17 has the same authority to arrest and hold the person in
18 custody as peace officers of this State have to arrest and
19 hold a person in custody on the ground that he has committed
20 an offense in this State.
21 (c) If an arrest is made in this State by a peace
22 officer of another State in accordance with the provisions of
23 this Section he shall without unnecessary delay take the
24 person arrested before the circuit court of the county in
25 which the arrest was made. Such court shall conduct a hearing
26 for the purpose of determining the lawfulness of the arrest.
27 If the court determines that the arrest was lawful it shall
28 commit the person arrested, to await for a reasonable time
29 the issuance of an extradition warrant by the Governor of
30 this State, or admit him to bail for such purpose. If the
31 court determines that the arrest was unlawful it shall
32 discharge the person arrested.
33 (Source: P.A. 89-404, eff. 8-20-95.)
SB1756 Enrolled -55- LRB9011691RCpc
1 Section 35. Section 9 of the Drug Asset Forfeiture
2 Procedure Act is amended as follows:
3 (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
4 Sec. 9. Judicial in rem procedures. If property seized
5 under the provisions of the Illinois Controlled Substances
6 Act or the Cannabis Control Act is non-real property that
7 exceeds $20,000 in value excluding the value of any
8 conveyance, or is real property, or a claimant has filed a
9 claim and a cost bond under subsection (C) of Section 6 of
10 this Act, the following judicial in rem procedures shall
11 apply:
12 (A) If, after a review of the facts surrounding the
13 seizure, the State's Attorney is of the opinion that the
14 seized property is subject to forfeiture, then within 45 days
15 of the receipt of notice of seizure by the seizing agency or
16 the filing of the claim and cost bond, whichever is later,
17 the State's Attorney shall institute judicial forfeiture
18 proceedings by filing a verified complaint for forfeiture
19 and, if the claimant has filed a claim and cost bond, by
20 depositing the cost bond with the clerk of the court. When
21 authorized by law, a forfeiture must be ordered by a court on
22 an action in rem brought by a State's Attorney under a
23 verified complaint for forfeiture.
24 (B) During the probable cause portion of the judicial in
25 rem proceeding wherein the State presents its case-in-chief,
26 the court must receive and consider, among other things, all
27 relevant hearsay evidence and information. The laws of
28 evidence relating to civil actions shall apply to all other
29 portions of the judicial in rem proceeding.
30 (C) Only an owner of or interest holder in the property
31 may file an answer asserting a claim against the property in
32 the action in rem. For purposes of this Section, the owner
33 or interest holder shall be referred to as claimant.
SB1756 Enrolled -56- LRB9011691RCpc
1 (D) The answer must be signed by the owner or interest
2 holder under penalty of perjury and must set forth:
3 (i) the caption of the proceedings as set forth on
4 the notice of pending forfeiture and the name of the
5 claimant;
6 (ii) the address at which the claimant will accept
7 mail;
8 (iii) the nature and extent of the claimant's
9 interest in the property;
10 (iv) the date, identity of transferor, and
11 circumstances of the claimant's acquisition of the
12 interest in the property;
13 (v) the name and address of all other persons known
14 to have an interest in the property;
15 (vi) the specific provisions of Section 8 of this
16 Act relied on in asserting it is not subject to
17 forfeiture;
18 (vii) all essential facts supporting each
19 assertion; and
20 (viii) the precise relief sought.
21 (E) The answer must be filed with the court within 45
22 days after service of the civil in rem complaint.
23 (F) The hearing must be held within 60 days after filing
24 of the answer unless continued for good cause.
25 (G) The State shall show the existence of probable cause
26 for forfeiture of the property. If the State shows probable
27 cause, the claimant has the burden of showing by a
28 preponderance of the evidence that the claimant's interest in
29 the property is not subject to forfeiture.
30 (H) If the State does not show existence of probable
31 cause or a claimant has established by a preponderance of
32 evidence that the claimant has an interest that is exempt
33 under Section 8 of this Act, the court shall order the
34 interest in the property returned or conveyed to the claimant
SB1756 Enrolled -57- LRB9011691RCpc
1 and shall order all other property forfeited to the State. If
2 the State does show existence of probable cause and the
3 claimant does not establish by a preponderance of evidence
4 that the claimant has an interest that is exempt under
5 Section 8 of this Act, the court shall order all property
6 forfeited to the State.
7 (I) A defendant convicted in any criminal proceeding is
8 precluded from later denying the essential allegations of the
9 criminal offense of which the defendant was convicted in any
10 proceeding under this Act regardless of the pendency of an
11 appeal from that conviction. However, evidence of the
12 pendency of an appeal is admissible.
13 (J) An acquittal or dismissal in a criminal proceeding
14 shall not preclude civil proceedings under this Act; however,
15 for good cause shown, on a motion by the State's Attorney,
16 the court may stay civil forfeiture proceedings during the
17 criminal trial for a related criminal indictment or
18 information alleging a violation of the Illinois Controlled
19 Substances Act or the Cannabis Control Act. Such a stay
20 shall not be available pending an appeal. Property subject
21 to forfeiture under the Illinois Controlled Substances Act or
22 the Cannabis Control Act shall not be subject to return or
23 release by a court exercising jurisdiction over a criminal
24 case involving the seizure of such property unless such
25 return or release is consented to by the State's Attorney.
26 (K) All property declared forfeited under this Act vests
27 in this State on the commission of the conduct giving rise to
28 forfeiture together with the proceeds of the property after
29 that time. Any such property or proceeds subsequently
30 transferred to any person remain subject to forfeiture and
31 thereafter shall be ordered forfeited unless the transferee
32 claims and establishes in a hearing under the provisions of
33 this Act that the transferee's interest is exempt under
34 Section 8 of this Act.
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1 (L) A civil action under this Act must be commenced
2 within 5 years after the last conduct giving rise to
3 forfeiture became known or should have become known or 5
4 years after the forfeitable property is discovered, whichever
5 is later, excluding any time during which either the property
6 or claimant is out of the State or in confinement or during
7 which criminal proceedings relating to the same conduct are
8 in progress.
9 Judicial in rem procedures. If property seized under the
10 provisions of the Illinois Controlled Substances Act or the
11 Cannabis Control Act is non-real property that exceeds
12 $20,000 in value excluding the value of any conveyance, or is
13 real property, or a claimant has filed a claim and a cost
14 bond under subsection (C) of Section 6 of this Act, the
15 following judicial in rem procedures shall apply:
16 (A) If, after a review of the facts surrounding the
17 seizure, the State's Attorney is of the opinion that the
18 seized property is subject to forfeiture, then within 45 days
19 of the receipt of notice of seizure by the seizing agency or
20 the filing of the claim and cost bond, whichever is later,
21 the State's Attorney shall institute judicial forfeiture
22 proceedings by filing a verified complaint for forfeiture
23 and, if the claimant has filed a claim and cost bond, by
24 depositing the cost bond with the clerk of the court. When
25 authorized by law, a forfeiture must be ordered by a court on
26 an action in rem brought by a State's Attorney under a
27 verified complaint for forfeiture.
28 (B) During the probable cause portion of the judicial in
29 rem proceeding wherein the State presents its case-in-chief,
30 the court must receive and consider, among other things, all
31 relevant hearsay evidence and information. The laws of
32 evidence relating to civil actions shall apply to all other
33 portions of the judicial in rem proceeding.
34 (C) Only an owner of or interest holder in the property
SB1756 Enrolled -59- LRB9011691RCpc
1 may file an answer asserting a claim against the property in
2 the action in rem. For purposes of this Section, the owner
3 or interest holder shall be referred to as claimant.
4 (D) The answer must be signed by the owner or interest
5 holder under penalty of perjury and must set forth:
6 (i) the caption of the proceedings as set forth on
7 the notice of pending forfeiture and the name of the
8 claimant;
9 (ii) the address at which the claimant will accept
10 mail;
11 (iii) the nature and extent of the claimant's
12 interest in the property;
13 (iv) the date, identity of transferor, and
14 circumstances of the claimant's acquisition of the
15 interest in the property;
16 (v) the name and address of all other persons known
17 to have an interest in the property;
18 (vi) the specific provisions of Section 8 of this
19 Act relied on in asserting it is not subject to
20 forfeiture;
21 (vii) all essential facts supporting each
22 assertion; and
23 (viii) the precise relief sought.
24 (E) The answer must be filed with the court within 45
25 days after service of the civil in rem complaint.
26 (F) The hearing must be held within 60 days after filing
27 of the answer unless continued for good cause.
28 (G) The state shall show the existence of probable cause
29 for forfeiture of the property. If the State shows probable
30 cause, the claimant has the burden of showing by a
31 preponderance of the evidence that the claimant's interest in
32 the property is not subject to forfeiture.
33 (H) If the State does not show existence of probable
34 cause or a claimant has established by a preponderance of
SB1756 Enrolled -60- LRB9011691RCpc
1 evidence that the claimant has an interest that is exempt
2 under Section 8 of this Act, the court shall order the
3 interest in the property returned or conveyed to the claimant
4 and shall order all other property forfeited to the State. If
5 the State does show existence of probable cause and the
6 claimant does not establish by a preponderance of evidence
7 that the claimant has an interest that is exempt under
8 Section 8 of this Act, the court shall order all property
9 forfeited to the State.
10 (I) A defendant convicted in any criminal proceeding is
11 precluded from later denying the essential allegations of the
12 criminal offense of which the defendant was convicted in any
13 proceeding under this Act regardless of the pendency of an
14 appeal from that conviction. However, evidence of the
15 pendency of an appeal is admissible.
16 (J) An acquittal or dismissal in a criminal proceeding
17 shall not preclude civil proceedings under this Act; however,
18 for good cause shown, on a motion by the State's Attorney,
19 the court may stay civil forfeiture proceedings during the
20 criminal trial for a related criminal indictment or
21 information alleging a violation of the Illinois Controlled
22 Substances Act or the Cannabis Control Act. Such a stay
23 shall not be available pending an appeal. Property subject
24 to forfeiture under the Illinois Controlled Substances Act or
25 the Cannabis Control Act shall not be subject to return or
26 release by a court exercising jurisdiction over a criminal
27 case involving the seizure of such property unless such
28 return or release is consented to by the State's Attorney.
29 (K) All property declared forfeited under this Act vests
30 in this State on the commission of the conduct giving rise to
31 forfeiture together with the proceeds of the property after
32 that time. Any such property or proceeds subsequently
33 transferred to any person remain subject to forfeiture and
34 thereafter shall be ordered forfeited unless the transferee
SB1756 Enrolled -61- LRB9011691RCpc
1 claims and establishes in a hearing under the provisions of
2 this Act that the transferee's interest is exempt under
3 Section 8 of this Act.
4 (L) A civil action under this Act must be commenced
5 within 5 years after the last conduct giving rise to
6 forfeiture became known or should have become known or 5
7 years after the forfeitable property is discovered, whichever
8 is later, excluding any time during which either the property
9 or claimant is out of the State or in confinement or during
10 which criminal proceedings relating to the same conduct are
11 in progress.
12 (Source: P.A. 89-404, eff. 8-20-95.)
13 Section 40. Sections 3-6-3, 3-6-3.1, 5-1-11, 5-2-4, and
14 5-4-1 of the Unified Code of Corrections are amended as
15 follows:
16 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
17 Sec. 3-6-3. Rules and Regulations for Early Release.
18 (a)(1) The Department of Corrections shall
19 prescribe rules and regulations for the early release on
20 account of good conduct of persons committed to the
21 Department which shall be subject to review by the
22 Prisoner Review Board.
23 (2) The rules and regulations on early release
24 shall provide, with respect to offenses committed on or
25 after the effective date of this amendatory Act of 1998,
26 the following:
27 (i) that a prisoner who is serving a term of
28 imprisonment for first degree murder shall receive
29 no good conduct credit and shall serve the entire
30 sentence imposed by the court;
31 (ii) that a prisoner serving a sentence for
32 attempt to commit first degree murder, solicitation
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1 of murder, solicitation of murder for hire,
2 intentional homicide of an unborn child, predatory
3 criminal sexual assault of a child, aggravated
4 criminal sexual assault, criminal sexual assault,
5 aggravated kidnapping, aggravated battery with a
6 firearm, heinous battery, aggravated battery of a
7 senior citizen, or aggravated battery of a child
8 shall receive no more than 4.5 days of good conduct
9 credit for each month of his or her sentence of
10 imprisonment; and
11 (iii) that a prisoner serving a sentence for
12 home invasion, armed robbery, aggravated vehicular
13 hijacking, aggravated discharge of a firearm, or
14 armed violence with a category I weapon or category
15 II weapon, when the court has made and entered a
16 finding, pursuant to subsection (c-1) of Section
17 5-4-1 of this Code, that the conduct leading to
18 conviction for the enumerated offense resulted in
19 great bodily harm to a victim, shall receive no more
20 than 4.5 days of good conduct credit for each month
21 of his or her sentence of imprisonment.
22 (2.1) For all offenses, other than those enumerated
23 in subdivision (a)(2) committed on or after the effective
24 date of this amendatory Act of 1998, the rules and
25 regulations shall provide that a prisoner who is serving
26 a term of imprisonment shall receive one day of good
27 conduct credit for each day of his or her sentence of
28 imprisonment or recommitment under Section 3-3-9. Each
29 day of good conduct credit shall reduce by one day the
30 prisoner's period of imprisonment or recommitment under
31 Section 3-3-9.
32 (2.2) A prisoner serving a term of natural life
33 imprisonment or a prisoner who has been sentenced to
34 death shall receive no good conduct credit.
SB1756 Enrolled -63- LRB9011691RCpc
1 (3) The rules and regulations shall also provide
2 that the Director may award up to 180 days additional
3 good conduct credit for meritorious service in specific
4 instances as the Director deems proper; except that no
5 more than 90 days of good conduct credit for meritorious
6 service shall be awarded to any prisoner who is serving a
7 sentence for conviction of first degree murder, reckless
8 homicide while under the influence of alcohol or any
9 other drug, aggravated kidnapping, kidnapping, predatory
10 criminal sexual assault of a child, aggravated criminal
11 sexual assault, criminal sexual assault, deviate sexual
12 assault, aggravated criminal sexual abuse, aggravated
13 indecent liberties with a child, indecent liberties with
14 a child, child pornography, heinous battery, aggravated
15 battery of a spouse, aggravated battery of a spouse with
16 a firearm, stalking, aggravated stalking, aggravated
17 battery of a child, endangering the life or health of a
18 child, cruelty to a child, or narcotic racketeering.
19 Notwithstanding the foregoing, good conduct credit for
20 meritorious service shall not be awarded on a sentence of
21 imprisonment imposed for conviction of one of the
22 offenses enumerated in subdivision (a)(2) when the
23 offense is committed on or after the effective date of
24 this amendatory Act of 1998.
25 (4) The rules and regulations shall also provide
26 that the good conduct credit accumulated and retained
27 under paragraph (2.1) of subsection (a) of this Section
28 by any inmate during specific periods of time in which
29 such inmate is engaged full-time in substance abuse
30 programs, correctional industry assignments, or
31 educational programs provided by the Department under
32 this paragraph (4) and satisfactorily completes the
33 assigned program as determined by the standards of the
34 Department, shall be multiplied by a factor of 1.25 for
SB1756 Enrolled -64- LRB9011691RCpc
1 program participation before August 11, 1993 and 1.50 for
2 program participation on or after that date. However, no
3 inmate shall be eligible for the additional good conduct
4 credit under this paragraph (4) while assigned to a boot
5 camp, mental health unit, or electronic detention, or if
6 convicted of an offense enumerated in paragraph (a)(2) of
7 this Section that is committed on or after the effective
8 date of this amendatory Act of 1998, or first degree
9 murder, a Class X felony, criminal sexual assault, felony
10 criminal sexual abuse, aggravated criminal sexual abuse,
11 aggravated battery with a firearm, or any predecessor or
12 successor offenses with the same or substantially the
13 same elements, or any inchoate offenses relating to the
14 foregoing offenses. No inmate shall be eligible for the
15 additional good conduct credit under this paragraph (4)
16 who (i) has previously received increased good conduct
17 credit under this paragraph (4) and has subsequently been
18 convicted of a felony, or (ii) has previously served more
19 than one prior sentence of imprisonment for a felony in
20 an adult correctional facility.
21 Educational, vocational, substance abuse and
22 correctional industry programs under which good conduct
23 credit may be increased under this paragraph (4) shall be
24 evaluated by the Department on the basis of documented
25 standards. The Department shall report the results of
26 these evaluations to the Governor and the General
27 Assembly by September 30th of each year. The reports
28 shall include data relating to the recidivism rate among
29 program participants.
30 Availability of these programs shall be subject to
31 the limits of fiscal resources appropriated by the
32 General Assembly for these purposes. Eligible inmates
33 who are denied immediate admission shall be placed on a
34 waiting list under criteria established by the
SB1756 Enrolled -65- LRB9011691RCpc
1 Department. The inability of any inmate to become engaged
2 in any such programs by reason of insufficient program
3 resources or for any other reason established under the
4 rules and regulations of the Department shall not be
5 deemed a cause of action under which the Department or
6 any employee or agent of the Department shall be liable
7 for damages to the inmate.
8 (5) Whenever the Department is to release any
9 inmate earlier than it otherwise would because of a grant
10 of good conduct credit for meritorious service given at
11 any time during the term, the Department shall give
12 reasonable advance notice of the impending release to the
13 State's Attorney of the county where the prosecution of
14 the inmate took place.
15 (b) Whenever a person is or has been committed under
16 several convictions, with separate sentences, the sentences
17 shall be construed under Section 5-8-4 in granting and
18 forfeiting of good time.
19 (c) The Department shall prescribe rules and regulations
20 for revoking good conduct credit, or suspending or reducing
21 the rate of accumulation of good conduct credit for specific
22 rule violations, during imprisonment. These rules and
23 regulations shall provide that no inmate may be penalized
24 more than one year of good conduct credit for any one
25 infraction.
26 When the Department seeks to revoke, suspend or reduce
27 the rate of accumulation of any good conduct credits for an
28 alleged infraction of its rules, it shall bring charges
29 therefor against the prisoner sought to be so deprived of
30 good conduct credits before the Prisoner Review Board as
31 provided in subparagraph (a)(4) of Section 3-3-2 of this
32 Code, if the amount of credit at issue exceeds 30 days or
33 when during any 12 month period, the cumulative amount of
34 credit revoked exceeds 30 days except where the infraction is
SB1756 Enrolled -66- LRB9011691RCpc
1 committed or discovered within 60 days of scheduled release.
2 In those cases, the Department of Corrections may revoke up
3 to 30 days of good conduct credit. The Board may subsequently
4 approve the revocation of additional good conduct credit, if
5 the Department seeks to revoke good conduct credit in excess
6 of 30 days. However, the Board shall not be empowered to
7 review the Department's decision with respect to the loss of
8 30 days of good conduct credit within any calendar year for
9 any prisoner or to increase any penalty beyond the length
10 requested by the Department.
11 The Director of the Department of Corrections, in
12 appropriate cases, may restore up to 30 days good conduct
13 credits which have been revoked, suspended or reduced. Any
14 restoration of good conduct credits in excess of 30 days
15 shall be subject to review by the Prisoner Review Board.
16 However, the Board may not restore good conduct credit in
17 excess of the amount requested by the Director.
18 Nothing contained in this Section shall prohibit the
19 Prisoner Review Board from ordering, pursuant to Section
20 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
21 the sentence imposed by the court that was not served due to
22 the accumulation of good conduct credit.
23 (d) If a lawsuit is filed by a prisoner in an Illinois
24 or federal court against the State, the Department of
25 Corrections, or the Prisoner Review Board, or against any of
26 their officers or employees, and the court makes a specific
27 finding that a pleading, motion, or other paper filed by the
28 prisoner is frivolous, the Department of Corrections shall
29 conduct a hearing to revoke up to 180 days of good conduct
30 credit by bringing charges against the prisoner sought to be
31 deprived of the good conduct credits before the Prisoner
32 Review Board as provided in subparagraph (a)(8) of Section
33 3-3-2 of this Code. If the prisoner has not accumulated 180
34 days of good conduct credit at the time of the finding, then
SB1756 Enrolled -67- LRB9011691RCpc
1 the Prisoner Review Board may revoke all good conduct credit
2 accumulated by the prisoner.
3 For purposes of this subsection (d):
4 (1) "Frivolous" means that a pleading, motion, or
5 other filing which purports to be a legal document filed
6 by a prisoner in his or her lawsuit meets any or all of
7 the following criteria:
8 (A) it lacks an arguable basis either in law
9 or in fact;
10 (B) it is being presented for any improper
11 purpose, such as to harass or to cause unnecessary
12 delay or needless increase in the cost of
13 litigation;
14 (C) the claims, defenses, and other legal
15 contentions therein are not warranted by existing
16 law or by a nonfrivolous argument for the extension,
17 modification, or reversal of existing law or the
18 establishment of new law;
19 (D) the allegations and other factual
20 contentions do not have evidentiary support or, if
21 specifically so identified, are not likely to have
22 evidentiary support after a reasonable opportunity
23 for further investigation or discovery; or
24 (E) the denials of factual contentions are not
25 warranted on the evidence, or if specifically so
26 identified, are not reasonably based on a lack of
27 information or belief.
28 (2) "Lawsuit" means a petition for post conviction
29 relief under Article 122 of the Code of Criminal
30 Procedure of 1963, a motion pursuant to Section 116-3 of
31 the Code of Criminal Procedure of 1963, a habeas corpus
32 action under Article X of the Code of Civil Procedure or
33 under federal law (28 U.S.C. 2254), a petition for claim
34 under the Court of Claims Act or an action under the
SB1756 Enrolled -68- LRB9011691RCpc
1 federal Civil Rights Act (42 U.S.C. 1983).
2 (e) Nothing in this amendatory Act of 1998 affects the
3 validity of Public Act 89-404. Rules and Regulations for
4 Early Release.
5 (a)(1) The Department of Corrections shall
6 prescribe rules and regulations for the early release on
7 account of good conduct of persons committed to the
8 Department which shall be subject to review by the
9 Prisoner Review Board.
10 (2) The rules and regulations on early release
11 shall provide, with respect to offenses committed on or
12 after the effective date of this amendatory Act of 1995,
13 the following:
14 (i) that a prisoner who is serving a term of
15 imprisonment for first degree murder shall receive
16 no good conduct credit and shall serve the entire
17 sentence imposed by the court;
18 (ii) that a prisoner serving a sentence for
19 attempt to commit first degree murder, solicitation
20 of murder, solicitation of murder for hire,
21 intentional homicide of an unborn child, predatory
22 criminal sexual assault of a child, aggravated
23 criminal sexual assault, criminal sexual assault,
24 aggravated kidnapping, aggravated battery with a
25 firearm, heinous battery, aggravated battery of a
26 senior citizen, or aggravated battery of a child
27 shall receive no more than 4.5 days of good conduct
28 credit for each month of his or her sentence of
29 imprisonment; and
30 (iii) that a prisoner serving a sentence for
31 home invasion, armed robbery, aggravated vehicular
32 hijacking, aggravated discharge of a firearm, or
33 armed violence with a category I weapon or category
34 II weapon, when the court has made and entered a
SB1756 Enrolled -69- LRB9011691RCpc
1 finding, pursuant to subsection (c-1) of Section
2 5-4-1 of this Code, that the conduct leading to
3 conviction for the enumerated offense resulted in
4 great bodily harm to a victim, shall receive no more
5 than 4.5 days of good conduct credit for each month
6 of his or her sentence of imprisonment.
7 (2.1) For all offenses, other than those enumerated
8 in subdivision (a)(2) committed on or after the effective
9 date of this amendatory Act of 1995, the rules and
10 regulations shall provide that a prisoner who is serving
11 a term of imprisonment shall receive one day of good
12 conduct credit for each day of his or her sentence of
13 imprisonment or recommitment under Section 3-3-9. Each
14 day of good conduct credit shall reduce by one day the
15 prisoner's period of imprisonment or recommitment under
16 Section 3-3-9.
17 (2.2) A prisoner serving a term of natural life
18 imprisonment or a prisoner who has been sentenced to
19 death shall receive no good conduct credit.
20 (3) The rules and regulations shall also provide
21 that the Director may award up to 180 days additional
22 good conduct credit for meritorious service in specific
23 instances as the Director deems proper; except that no
24 more than 90 days of good conduct credit for meritorious
25 service shall be awarded to any prisoner who is serving a
26 sentence for conviction of first degree murder, reckless
27 homicide while under the influence of alcohol or any
28 other drug, aggravated kidnapping, kidnapping, predatory
29 criminal sexual assault of a child, aggravated criminal
30 sexual assault, criminal sexual assault, deviate sexual
31 assault, aggravated criminal sexual abuse, aggravated
32 indecent liberties with a child, indecent liberties with
33 a child, child pornography, heinous battery, aggravated
34 battery of a spouse, aggravated battery of a spouse with
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1 a firearm, stalking, aggravated stalking, aggravated
2 battery of a child, endangering the life or health of a
3 child, cruelty to a child, or narcotic racketeering.
4 Notwithstanding the foregoing, good conduct credit for
5 meritorious service shall not be awarded on a sentence of
6 imprisonment imposed for conviction of one of the
7 offenses enumerated in subdivision (a)(2) when the
8 offense is committed on or after the effective date of
9 this amendatory Act of 1995.
10 (4) The rules and regulations shall also provide
11 that the good conduct credit accumulated and retained
12 under paragraph (2.1) of subsection (a) of this Section
13 by any inmate during specific periods of time in which
14 such inmate is engaged full-time in substance abuse
15 programs, correctional industry assignments, or
16 educational programs provided by the Department under
17 this paragraph (4) and satisfactorily completes the
18 assigned program as determined by the standards of the
19 Department, shall be multiplied by a factor of 1.25 for
20 program participation before the effective date of this
21 amendatory Act of 1993 and 1.50 for program participation
22 on or after that date. However, no inmate shall be
23 eligible for the additional good conduct credit under
24 this paragraph (4) while assigned to a boot camp, mental
25 health unit, or electronic detention, or if convicted of
26 an offense enumerated in paragraph (a)(2) of this Section
27 that is committed on or after the effective date of this
28 amendatory Act of 1995, or first degree murder, a Class X
29 felony, criminal sexual assault, felony criminal sexual
30 abuse, aggravated criminal sexual abuse, aggravated
31 battery with a firearm, or any predecessor or successor
32 offenses with the same or substantially the same
33 elements, or any inchoate offenses relating to the
34 foregoing offenses. No inmate shall be eligible for the
SB1756 Enrolled -71- LRB9011691RCpc
1 additional good conduct credit under this paragraph (4)
2 who (i) has previously received increased good conduct
3 credit under this paragraph (4) and has subsequently been
4 convicted of a felony, or (ii) has previously served more
5 than one prior sentence of imprisonment for a felony in
6 an adult correctional facility.
7 Educational, vocational, substance abuse and
8 correctional industry programs under which good conduct
9 credit may be increased under this paragraph (4) shall be
10 evaluated by the Department on the basis of documented
11 standards. The Department shall report the results of
12 these evaluations to the Governor and the General
13 Assembly by September 30th of each year. The reports
14 shall include data relating to the recidivism rate among
15 program participants.
16 Availability of these programs shall be subject to
17 the limits of fiscal resources appropriated by the
18 General Assembly for these purposes. Eligible inmates
19 who are denied immediate admission shall be placed on a
20 waiting list under criteria established by the
21 Department. The inability of any inmate to become engaged
22 in any such programs by reason of insufficient program
23 resources or for any other reason established under the
24 rules and regulations of the Department shall not be
25 deemed a cause of action under which the Department or
26 any employee or agent of the Department shall be liable
27 for damages to the inmate.
28 (5) Whenever the Department is to release any
29 inmate earlier than it otherwise would because of a grant
30 of good conduct credit for meritorious service given at
31 any time during the term, the Department shall give
32 reasonable advance notice of the impending release to the
33 State's Attorney of the county where the prosecution of
34 the inmate took place.
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1 (b) Whenever a person is or has been committed under
2 several convictions, with separate sentences, the sentences
3 shall be construed under Section 5-8-4 in granting and
4 forfeiting of good time.
5 (c) The Department shall prescribe rules and regulations
6 for revoking good conduct credit, or suspending or reducing
7 the rate of accumulation of good conduct credit for specific
8 rule violations, during imprisonment. These rules and
9 regulations shall provide that no inmate may be penalized
10 more than one year of good conduct credit for any one
11 infraction.
12 When the Department seeks to revoke, suspend or reduce
13 the rate of accumulation of any good conduct credits for an
14 alleged infraction of its rules, it shall bring charges
15 therefor against the prisoner sought to be so deprived of
16 good conduct credits before the Prisoner Review Board as
17 provided in subparagraph (a)(4) of Section 3-3-2 of this
18 Code, if the amount of credit at issue exceeds 30 days or
19 when during any 12 month period, the cumulative amount of
20 credit revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled release.
22 In those cases, the Department of Corrections may revoke up
23 to 30 days of good conduct credit. The Board may subsequently
24 approve the revocation of additional good conduct credit, if
25 the Department seeks to revoke good conduct credit in excess
26 of 30 days. However, the Board shall not be empowered to
27 review the Department's decision with respect to the loss of
28 30 days of good conduct credit within any calendar year for
29 any prisoner or to increase any penalty beyond the length
30 requested by the Department.
31 The Director of the Department of Corrections, in
32 appropriate cases, may restore up to 30 days good conduct
33 credits which have been revoked, suspended or reduced. Any
34 restoration of good conduct credits in excess of 30 days
SB1756 Enrolled -73- LRB9011691RCpc
1 shall be subject to review by the Prisoner Review Board.
2 However, the Board may not restore good conduct credit in
3 excess of the amount requested by the Director.
4 Nothing contained in this Section shall prohibit the
5 Prisoner Review Board from ordering, pursuant to Section
6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
7 the sentence imposed by the court that was not served due to
8 the accumulation of good conduct credit.
9 (d) If a lawsuit is filed by a prisoner in an Illinois
10 or federal court against the State, the Department of
11 Corrections, or the Prisoner Review Board, or against any of
12 their officers or employees, and the court makes a specific
13 finding that a pleading, motion, or other paper filed by the
14 prisoner is frivolous, the Department of Corrections shall
15 conduct a hearing to revoke up to 180 days of good conduct
16 credit by bringing charges against the prisoner sought to be
17 deprived of the good conduct credits before the Prisoner
18 Review Board as provided in subparagraph (a)(8) of Section
19 3-3-2 of this Code. If the prisoner has not accumulated 180
20 days of good conduct credit at the time of the finding, then
21 the Prisoner Review Board may revoke all good conduct credit
22 accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or
25 other filing which purports to be a legal document filed
26 by a prisoner in his or her lawsuit meets any or all of
27 the following criteria:
28 (A) it lacks an arguable basis either in law
29 or in fact;
30 (B) it is being presented for any improper
31 purpose, such as to harass or to cause unnecessary
32 delay or needless increase in the cost of
33 litigation;
34 (C) the claims, defenses, and other legal
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1 contentions therein are not warranted by existing
2 law or by a nonfrivolous argument for the extension,
3 modification, or reversal of existing law or the
4 establishment of new law;
5 (D) the allegations and other factual
6 contentions do not have evidentiary support or, if
7 specifically so identified, are not likely to have
8 evidentiary support after a reasonable opportunity
9 for further investigation or discovery; or
10 (E) the denials of factual contentions are not
11 warranted on the evidence, or if specifically so
12 identified, are not reasonably based on a lack of
13 information or belief.
14 (2) "Lawsuit" means a petition for post conviction
15 relief under Article 122 of the Code of Criminal
16 Procedure of 1963, a motion pursuant to Section 116-3 of
17 the Code of Criminal Procedure of 1963, a habeas corpus
18 action under Article X of the Code of Civil Procedure or
19 under federal law (28 U.S.C. 2254), a petition for claim
20 under the Court of Claims Act or an action under the
21 federal Civil Rights Act (42 U.S.C. 1983).
22 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
23 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
24 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
25 (730 ILCS 5/3-6-3.1)
26 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
27 (a) Legislative findings. The General Assembly finds
28 that violent crime continues to be a severe problem in
29 Illinois. Criminals sentenced to prison for violating the
30 laws of Illinois are often released after serving a fraction
31 of their sentence under Illinois' early release statute. The
32 early release of criminals from prison after they are
33 sentenced to longer terms in court misleads the public as
SB1756 Enrolled -75- LRB9011691RCpc
1 well as victims of crime. Many of these criminals return to
2 a life of crime immediately upon their early release from
3 prison, committing violent acts including murder and rape.
4 Public safety, as well as the integrity of the justice
5 system, demands that criminals serve the sentences handed
6 down by the courts, and that a Truth-in-Sentencing Commission
7 be established to effectuate this goal.
8 (b) Truth-in-Sentencing Commission. There is created
9 the Illinois Truth-in-Sentencing Commission, to consist of 13
10 members as follows:
11 (1) Three members appointed by the Governor, one of
12 whom shall be a member of the faculty of an accredited
13 Illinois law school;
14 (2) The Attorney General or his or her designee;
15 (3) One member appointed by the President of the
16 Senate;
17 (4) One member appointed by the Minority Leader of
18 the Senate;
19 (5) One member appointed by the Speaker of the
20 House of Representatives;
21 (6) One member appointed by the Minority Leader of
22 the House of Representatives;
23 (7) The Director of the Illinois Department of
24 Corrections or his or her designee;
25 (8) The State's Attorney of Cook County or his or
26 her designee;
27 (9) The Executive Director of the Illinois Criminal
28 Justice Information Authority or his or her designee;
29 (10) The President of the Illinois State's
30 Attorneys Association; and
31 (11) The President of the Illinois Association of
32 Chiefs of Police.
33 All appointments shall be filed with the Secretary of
34 State by the appointing authority.
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1 (c) Duties of the Commission. This Commission shall:
2 (1) develop and monitor legislation facilitating
3 the implementation of Truth-in-Sentencing laws which
4 require criminals to serve at least 85% of their
5 court-imposed sentences, using any information and
6 recommendations available regarding those laws;
7 (2) review the funding provisions of the Violent
8 Crime Control Act of 1994, and any subsequent federal
9 legislation of a comparable nature, to comment in
10 appropriate federal rulemaking and legislative processes
11 on State law enforcement, correctional, and fiscal
12 concerns, and, upon the finalization of federal
13 requirements, to determine what is required to obtain
14 maximum federal funding to assist the State in
15 implementing Truth-in-Sentencing laws; and
16 (3) study the possibility of changing sentences in
17 order to more accurately reflect the actual time spent in
18 prison, while preserving the system's ability to punish
19 criminals justly and equitably.
20 (d) Organization. The Commission shall elect a Chair
21 and Vice-Chair from among its members at its first meeting.
22 The members of the Commission shall serve without
23 compensation but shall be reimbursed for reasonable expenses
24 incurred in the course of performing their duties.
25 (e) Intergovernmental cooperation. The Illinois
26 Criminal Justice Information Authority shall assist the
27 Commission with any and all research and drafting necessary
28 to fulfill its duties. The Illinois Department of
29 Corrections shall give any reasonable assistance to the
30 Commission, including making available all pertinent
31 statistical information at the Department's disposal.
32 (f) The Commission shall present a full report and a
33 draft of appropriate Truth-in-Sentencing legislation to the
34 Governor and the General Assembly no later than September 30,
SB1756 Enrolled -77- LRB9011691RCpc
1 1998. Truth-in-Sentencing Commission.
2 (a) Legislative findings. The General Assembly finds
3 that violent crime continues to be a severe problem in
4 Illinois. Criminals sentenced to prison for violating the
5 laws of Illinois are often released after serving a fraction
6 of their sentence under Illinois' early release statute. The
7 early release of criminals from prison after they are
8 sentenced to longer terms in court misleads the public as
9 well as victims of crime. Many of these criminals return to
10 a life of crime immediately upon their early release from
11 prison, committing violent acts including murder and rape.
12 Public safety, as well as the integrity of the justice
13 system, demands that criminals serve the sentences handed
14 down by the courts, and that a Truth-in-Sentencing Commission
15 be established to effectuate this goal.
16 (b) Truth-in-Sentencing Commission. There is created
17 the Illinois Truth-in-Sentencing Commission, to consist of 13
18 members as follows:
19 (1) Three members appointed by the Governor, one of
20 whom shall be a member of the faculty of an accredited
21 Illinois law school;
22 (2) The Attorney General or his or her designee;
23 (3) One member appointed by the President of the
24 Senate;
25 (4) One member appointed by the Minority Leader of
26 the Senate;
27 (5) One member appointed by the Speaker of the
28 House of Representatives;
29 (6) One member appointed by the Minority Leader of
30 the House of Representatives;
31 (7) The Director of the Illinois Department of
32 Corrections or his or her designee;
33 (8) The State's Attorney of Cook County or his or
34 her designee;
SB1756 Enrolled -78- LRB9011691RCpc
1 (9) The Executive Director of the Illinois Criminal
2 Justice Information Authority or his or her designee;
3 (10) The President of the Illinois State's
4 Attorneys Association; and
5 (11) The President of the Illinois Association of
6 Chiefs of Police.
7 All appointments shall be filed with the Secretary of
8 State by the appointing authority.
9 (c) Duties of the Commission. This Commission shall:
10 (1) develop and monitor legislation facilitating
11 the implementation of Truth-in-Sentencing laws which
12 require criminals to serve at least 85% of their
13 court-imposed sentences, using any information and
14 recommendations available regarding those laws;
15 (2) review the funding provisions of the Violent
16 Crime Control Act of 1994, and any subsequent federal
17 legislation of a comparable nature, to comment in
18 appropriate federal rulemaking and legislative processes
19 on State law enforcement, correctional, and fiscal
20 concerns, and, upon the finalization of federal
21 requirements, to determine what is required to obtain
22 maximum federal funding to assist the State in
23 implementing Truth-in-Sentencing laws; and
24 (3) study the possibility of changing sentences in
25 order to more accurately reflect the actual time spent in
26 prison, while preserving the system's ability to punish
27 criminals justly and equitably.
28 (d) Organization. The Commission shall elect a Chair
29 and Vice-Chair from among its members at its first meeting.
30 The members of the Commission shall serve without
31 compensation but shall be reimbursed for reasonable expenses
32 incurred in the course of performing their duties.
33 (e) Intergovernmental cooperation. The Illinois
34 Criminal Justice Information Authority shall assist the
SB1756 Enrolled -79- LRB9011691RCpc
1 Commission with any and all research and drafting necessary
2 to fulfill its duties. The Illinois Department of
3 Corrections shall give any reasonable assistance to the
4 Commission, including making available all pertinent
5 statistical information at the Department's disposal.
6 (f) The Commission shall present a full report and a
7 draft of appropriate Truth-in-Sentencing legislation to the
8 Governor and the General Assembly no later than March 1,
9 1997.
10 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
11 89-689, eff. 12-31-96.)
12 (730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)
13 Sec. 5-1-11. Insanity.
14 "Insanity" means the lack of a substantial capacity to
15 appreciate the criminality of one's conduct as a result of
16 mental disorder or mental defect.
17 Insanity.
18 "Insanity" means the lack of a substantial capacity to
19 appreciate the criminality of one's conduct as a result of
20 mental disorder or mental defect.
21 (Source: P.A. 89-404, eff. 8-20-95.)
22 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
23 Sec. 5-2-4. Proceedings after Acquittal by Reason of
24 Insanity.
25 (a) After a finding or verdict of not guilty by reason
26 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
27 of Criminal Procedure of 1963, the defendant shall be ordered
28 to the Department of Human Services for an evaluation as to
29 whether he is subject to involuntary admission or in need of
30 mental health services. The order shall specify whether the
31 evaluation shall be conducted on an inpatient or outpatient
32 basis. If the evaluation is to be conducted on an inpatient
SB1756 Enrolled -80- LRB9011691RCpc
1 basis, the defendant shall be placed in a secure setting
2 unless the Court determines that there are compelling reasons
3 why such placement is not necessary. After the evaluation and
4 during the period of time required to determine the
5 appropriate placement, the defendant shall remain in jail.
6 Upon completion of the placement process the sheriff shall
7 be notified and shall transport the defendant to the
8 designated facility.
9 The Department shall provide the Court with a report of
10 its evaluation within 30 days of the date of this order. The
11 Court shall hold a hearing as provided under the Mental
12 Health and Developmental Disabilities Code to determine if
13 the individual is: (a) subject to involuntary admission; (b)
14 in need of mental health services on an inpatient basis; (c)
15 in need of mental health services on an outpatient basis; (d)
16 a person not in need of mental health services. The Court
17 shall enter its findings.
18 If the defendant is found to be subject to involuntary
19 admission or in need of mental health services on an
20 inpatient care basis, the Court shall order the defendant to
21 the Department of Human Services. The defendant shall be
22 placed in a secure setting unless the Court determines that
23 there are compelling reasons why such placement is not
24 necessary. Such defendants placed in a secure setting shall
25 not be permitted outside the facility's housing unit unless
26 escorted or accompanied by personnel of the Department of
27 Human Services or with the prior approval of the Court for
28 unsupervised on-grounds privileges as provided herein. Any
29 defendant placed in a secure setting pursuant to this
30 Section, transported to court hearings or other necessary
31 appointments off facility grounds by personnel of the
32 Department of Human Services, may be placed in security
33 devices or otherwise secured during the period of
34 transportation to assure secure transport of the defendant
SB1756 Enrolled -81- LRB9011691RCpc
1 and the safety of Department of Human Services personnel and
2 others. These security measures shall not constitute
3 restraint as defined in the Mental Health and Developmental
4 Disabilities Code. If the defendant is found to be in need
5 of mental health services, but not on an inpatient care
6 basis, the Court shall conditionally release the defendant,
7 under such conditions as set forth in this Section as will
8 reasonably assure the defendant's satisfactory progress in
9 treatment or rehabilitation and the safety of the defendant
10 or others. If the Court finds the person not in need of
11 mental health services, then the Court shall order the
12 defendant discharged from custody.
13 (1) Definitions: For the purposes of this Section:
14 (A) "Subject to involuntary admission" means: a
15 defendant has been found not guilty by reason of
16 insanity; and
17 (i) who is mentally ill and who because of his
18 mental illness is reasonably expected to inflict
19 serious physical harm upon himself or another in the
20 near future; or
21 (ii) who is mentally ill and who because of
22 his illness is unable to provide for his basic
23 physical needs so as to guard himself from serious
24 harm.
25 (B) "In need of mental health services on an
26 inpatient basis" means: a defendant who has been found
27 not guilty by reason of insanity who is not subject to
28 involuntary admission but who is reasonably expected to
29 inflict serious physical harm upon himself or another and
30 who would benefit from inpatient care or is in need of
31 inpatient care.
32 (C) "In need of mental health services on an
33 outpatient basis" means: a defendant who has been found
34 not guilty by reason of insanity who is not subject to
SB1756 Enrolled -82- LRB9011691RCpc
1 involuntary admission or in need of mental health
2 services on an inpatient basis, but is in need of
3 outpatient care, drug and/or alcohol rehabilitation
4 programs, community adjustment programs, individual,
5 group, or family therapy, or chemotherapy.
6 (D) "Conditional Release" means: the release from
7 either the custody of the Department of Human Services or
8 the custody of the Court of a person who has been found
9 not guilty by reason of insanity under such conditions as
10 the Court may impose which reasonably assure the
11 defendant's satisfactory progress in treatment or
12 habilitation and the safety of the defendant and others.
13 The Court shall consider such terms and conditions which
14 may include, but need not be limited to, outpatient care,
15 alcoholic and drug rehabilitation programs, community
16 adjustment programs, individual, group, family, and
17 chemotherapy, periodic checks with the legal authorities
18 and/or the Department of Human Services. The person or
19 facility rendering the outpatient care shall be required
20 to periodically report to the Court on the progress of
21 the defendant. Such conditional release shall be for a
22 period of five years, unless the defendant, the person or
23 facility rendering the treatment, therapy, program or
24 outpatient care, or the State's Attorney petitions the
25 Court for an extension of the conditional release period
26 for an additional three years. Upon receipt of such a
27 petition, the Court shall hold a hearing consistent with
28 the provisions of this paragraph (a) and paragraph (f) of
29 this Section, shall determine whether the defendant
30 should continue to be subject to the terms of conditional
31 release, and shall enter an order either extending the
32 defendant's period of conditional release for a single
33 additional three year period or discharging the
34 defendant. In no event shall the defendant's period of
SB1756 Enrolled -83- LRB9011691RCpc
1 conditional release exceed eight years. These provisions
2 for extension of conditional release shall only apply to
3 defendants conditionally released on or after July 1,
4 1979. However the extension provisions of Public Act
5 83-1449 apply only to defendants charged with a forcible
6 felony.
7 (E) "Facility director" means the chief officer of
8 a mental health or developmental disabilities facility or
9 his or her designee or the supervisor of a program of
10 treatment or habilitation or his or her designee.
11 "Designee" may include a physician, clinical
12 psychologist, social worker, or nurse.
13 (b) If the Court finds the defendant subject to
14 involuntary admission or in need of mental health services on
15 an inpatient basis, the admission, detention, care, treatment
16 or habilitation, review proceedings, and discharge of the
17 defendant after such order shall be under the Mental Health
18 and Developmental Disabilities Code, except that the initial
19 order for admission of a defendant acquitted of a felony by
20 reason of insanity shall be for an indefinite period of time.
21 Such period of commitment shall not exceed the maximum length
22 of time that the defendant would have been required to serve,
23 less credit for good behavior, before becoming eligible for
24 release had he been convicted of and received the maximum
25 sentence for the most serious crime for which he has been
26 acquitted by reason of insanity. The Court shall determine
27 the maximum period of commitment by an appropriate order.
28 During this period of time, the defendant shall not be
29 permitted to be in the community in any manner, including but
30 not limited to off-grounds privileges, with or without escort
31 by personnel of the Department of Human Services,
32 unsupervised on-grounds privileges, discharge or conditional
33 or temporary release, except by a plan as provided in this
34 Section. In no event shall a defendant's continued
SB1756 Enrolled -84- LRB9011691RCpc
1 unauthorized absence be a basis for discharge. Not more than
2 30 days after admission and every 60 days thereafter so long
3 as the initial order remains in effect, the facility director
4 shall file a treatment plan with the Court. Such plan shall
5 include an evaluation of the defendant's progress and the
6 extent to which he is benefiting from treatment. Such plan
7 may also include unsupervised on-grounds privileges,
8 off-grounds privileges (with or without escort by personnel
9 of the Department of Human Services), home visits and
10 participation in work programs, but only where such
11 privileges have been approved by specific court order, which
12 order may include such conditions on the defendant as the
13 Court may deem appropriate and necessary to reasonably assure
14 the defendant's satisfactory progress in treatment and the
15 safety of the defendant and others.
16 (c) Every defendant acquitted of a felony by reason of
17 insanity and subsequently found to be subject to involuntary
18 admission or in need of mental health services shall be
19 represented by counsel in all proceedings under this Section
20 and under the Mental Health and Developmental Disabilities
21 Code.
22 (1) The Court shall appoint as counsel the public
23 defender or an attorney licensed by this State.
24 (2) Upon filing with the Court of a verified
25 statement of legal services rendered by the private
26 attorney appointed pursuant to paragraph (1) of this
27 subsection, the Court shall determine a reasonable fee
28 for such services. If the defendant is unable to pay the
29 fee, the Court shall enter an order upon the State to pay
30 the entire fee or such amount as the defendant is unable
31 to pay from funds appropriated by the General Assembly
32 for that purpose.
33 (d) When the facility director determines that:
34 (1) the defendant is no longer subject to
SB1756 Enrolled -85- LRB9011691RCpc
1 involuntary admission or in need of mental health
2 services on an inpatient basis; and
3 (2) the defendant may be conditionally released
4 because he or she is still in need of mental health
5 services or that the defendant may be discharged as not
6 in need of any mental health services; or
7 (3) the defendant no longer requires placement in a
8 secure setting;
9 the facility director shall give written notice to the Court,
10 State's Attorney and defense attorney. Such notice shall set
11 forth in detail the basis for the recommendation of the
12 facility director, and specify clearly the recommendations,
13 if any, of the facility director, concerning conditional
14 release. Within 30 days of the notification by the facility
15 director, the Court shall set a hearing and make a finding as
16 to whether the defendant is:
17 (i) subject to involuntary admission; or
18 (ii) in need of mental health services in the form
19 of inpatient care; or
20 (iii) in need of mental health services but not
21 subject to involuntary admission or inpatient care; or
22 (iv) no longer in need of mental health services;
23 or
24 (v) no longer requires placement in a secure
25 setting.
26 Upon finding by the Court, the Court shall enter its
27 findings and such appropriate order as provided in subsection
28 (a) of this Section.
29 (e) A defendant admitted pursuant to this Section, or
30 any person on his behalf, may file a petition for transfer
31 to a non-secure setting within the Department of Human
32 Services or discharge or conditional release under the
33 standards of this Section in the Court which rendered the
34 verdict. Upon receipt of a petition for transfer to a
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1 non-secure setting or discharge or conditional release, the
2 Court shall set a hearing to be held within 120 days.
3 Thereafter, no new petition may be filed for 120 days without
4 leave of the Court.
5 (f) The Court shall direct that notice of the time and
6 place of the hearing be served upon the defendant, the
7 facility director, the State's Attorney, and the defendant's
8 attorney. If requested by either the State or the defense or
9 if the Court feels it is appropriate, an impartial
10 examination of the defendant by a psychiatrist or clinical
11 psychologist as defined in Section 1-103 of the Mental Health
12 and Developmental Disabilities Code who is not in the employ
13 of the Department of Human Services shall be ordered, and the
14 report considered at the time of the hearing.
15 (g) The findings of the Court shall be established by
16 clear and convincing evidence. The burden of proof and the
17 burden of going forth with the evidence rest with the State
18 when a hearing is held to review the determination of the
19 facility director that the defendant should be transferred to
20 a non-secure setting, discharged or conditionally released.
21 The burden of proof and the burden of going forth with the
22 evidence rest on the defendant when a hearing is held to
23 review a petition filed by or on behalf of such defendant.
24 The evidence shall be presented in open Court with the right
25 of confrontation and cross-examination.
26 (h) If the Court finds that the defendant is no longer
27 in need of mental health services it shall order the facility
28 director to discharge the defendant. If the Court finds that
29 the defendant is in need of mental health services, and no
30 longer in need of inpatient care, it shall order the facility
31 director to release the defendant under such conditions as
32 the Court deems appropriate and as provided by this Section.
33 Such conditional release shall be imposed for a period of
34 five years and shall be subject to later modification by the
SB1756 Enrolled -87- LRB9011691RCpc
1 Court as provided by this Section. If the Court finds that
2 the defendant is subject to involuntary admission or in need
3 of mental health services on an inpatient basis, it shall
4 order the facility director not to discharge or release the
5 defendant in accordance with paragraph (b) of this Section.
6 (i) If within the period of the defendant's conditional
7 release, the Court determines, after hearing evidence, that
8 the defendant has not fulfilled the conditions of release,
9 the Court shall order a hearing to be held consistent with
10 the provisions of paragraph (f) and (g) of this Section. At
11 such hearing, if the Court finds that the defendant is
12 subject to involuntary admission or in need of mental health
13 services on an inpatient basis, it shall enter an order
14 remanding him or her to the Department of Human Services or
15 other facility. If the defendant is remanded to the
16 Department of Human Services, he or she shall be placed in a
17 secure setting unless the Court determines that there are
18 compelling reasons that such placement is not necessary. If
19 the Court finds that the defendant continues to be in need
20 of mental health services but not on an inpatient basis, it
21 may modify the conditions of the original release in order to
22 reasonably assure the defendant's satisfactory progress in
23 treatment and his or her safety and the safety of others. In
24 no event shall such conditional release be longer than eight
25 years. Nothing in this Section shall limit a Court's contempt
26 powers or any other powers of a Court.
27 (j) An order of admission under this Section does not
28 affect the remedy of habeas corpus.
29 (k) In the event of a conflict between this Section and
30 the Mental Health and Developmental Disabilities Code or the
31 Mental Health and Developmental Disabilities Confidentiality
32 Act, the provisions of this Section shall govern.
33 (l) This amendatory Act shall apply to all persons who
34 have been found not guilty by reason of insanity and who are
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1 presently committed to the Department of Mental Health and
2 Developmental Disabilities (now the Department of Human
3 Services).
4 (m) The Clerk of the Court shall, after the entry of an
5 order of transfer to a non-secure setting of the Department
6 of Human Services or discharge or conditional release,
7 transmit a certified copy of the order to the Department of
8 Human Services, and the sheriff of the county from which the
9 defendant was admitted. In cases where the arrest of the
10 defendant or the commission of the offense took place in any
11 municipality with a population of more than 25,000 persons,
12 the Clerk of the Court shall also transmit a certified copy
13 of the order of discharge or conditional release to the
14 proper law enforcement agency for said municipality provided
15 the municipality has requested such notice in writing.
16 Proceedings after Acquittal by Reason of Insanity.
17 (a) After a finding or verdict of not guilty by reason
18 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
19 of Criminal Procedure of 1963, the defendant shall be ordered
20 to the Department of Human Services for an evaluation as to
21 whether he is subject to involuntary admission or in need of
22 mental health services. The order shall specify whether the
23 evaluation shall be conducted on an inpatient or outpatient
24 basis. If the evaluation is to be conducted on an inpatient
25 basis, the defendant shall be placed in a secure setting
26 unless the Court determines that there are compelling reasons
27 why such placement is not necessary. After the evaluation and
28 during the period of time required to determine the
29 appropriate placement, the defendant shall remain in jail.
30 Upon completion of the placement process the sheriff shall
31 be notified and shall transport the defendant to the
32 designated facility.
33 The Department shall provide the Court with a report of
34 its evaluation within 30 days of the date of this order. The
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1 Court shall hold a hearing as provided under the Mental
2 Health and Developmental Disabilities Code to determine if
3 the individual is: (a) subject to involuntary admission; (b)
4 in need of mental health services on an inpatient basis; (c)
5 in need of mental health services on an outpatient basis; (d)
6 a person not in need of mental health services. The Court
7 shall enter its findings.
8 If the defendant is found to be subject to involuntary
9 admission or in need of mental health services on an
10 inpatient care basis, the Court shall order the defendant to
11 the Department of Human Services. The defendant shall be
12 placed in a secure setting unless the Court determines that
13 there are compelling reasons why such placement is not
14 necessary. Such defendants placed in a secure setting shall
15 not be permitted outside the facility's housing unit unless
16 escorted or accompanied by personnel of the Department of
17 Human Services or with the prior approval of the Court for
18 unsupervised on-grounds privileges as provided herein. Any
19 defendant placed in a secure setting pursuant to this
20 Section, transported to court hearings or other necessary
21 appointments off facility grounds by personnel of the
22 Department of Human Services, may be placed in security
23 devices or otherwise secured during the period of
24 transportation to assure secure transport of the defendant
25 and the safety of Department of Human Services personnel and
26 others. These security measures shall not constitute
27 restraint as defined in the Mental Health and Developmental
28 Disabilities Code. If the defendant is found to be in need
29 of mental health services, but not on an inpatient care
30 basis, the Court shall conditionally release the defendant,
31 under such conditions as set forth in this Section as will
32 reasonably assure the defendant's satisfactory progress in
33 treatment or rehabilitation and the safety of the defendant
34 or others. If the Court finds the person not in need of
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1 mental health services, then the Court shall order the
2 defendant discharged from custody.
3 (1) Definitions: For the purposes of this Section:
4 (A) "Subject to involuntary admission" means: A
5 defendant has been found not guilty by reason of
6 insanity; and
7 (i) who is mentally ill and who because of his
8 mental illness is reasonably expected to inflict
9 serious physical harm upon himself or another in the
10 near future; or
11 (ii) who is mentally ill and who because of
12 his illness is unable to provide for his basic
13 physical needs so as to guard himself from serious
14 harm.
15 (B) "In need of mental health services on an
16 inpatient basis" means: a defendant who has been found
17 not guilty by reason of insanity who is not subject to
18 involuntary admission but who is reasonably expected to
19 inflict serious physical harm upon himself or another and
20 who would benefit from inpatient care or is in need of
21 inpatient care.
22 (C) "In need of mental health services on an
23 outpatient basis" means: a defendant who has been found
24 not guilty by reason of insanity who is not subject to
25 involuntary admission or in need of mental health
26 services on an inpatient basis, but is in need of
27 outpatient care, drug and/or alcohol rehabilitation
28 programs, community adjustment programs, individual,
29 group, or family therapy, or chemotherapy.
30 (D) "Conditional Release" means: the release from
31 either the custody of the Department of Human Services or
32 the custody of the Court of a person who has been found
33 not guilty by reason of insanity under such conditions as
34 the court may impose which reasonably assure the
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1 defendant's satisfactory progress in treatment or
2 habilitation and the safety of the defendant and others.
3 The Court shall consider such terms and conditions which
4 may include, but need not be limited to, outpatient care,
5 alcoholic and drug rehabilitation programs, community
6 adjustment programs, individual, group, family, and
7 chemotherapy, periodic checks with the legal authorities
8 and/or the Department of Human Services. The person or
9 facility rendering the outpatient care shall be required
10 to periodically report to the Court on the progress of
11 the Defendant. Such conditional release shall be for a
12 period of five years, unless the defendant, the person or
13 facility rendering the treatment, therapy, program or
14 outpatient care, or the State's attorney petitions the
15 Court for an extension of the conditional release period
16 for an additional three years. Upon receipt of such a
17 petition, the Court shall hold a hearing consistent with
18 the provisions of this paragraph (a) and paragraph (f) of
19 this Section, shall determine whether the defendant
20 should continue to be subject to the terms of conditional
21 release, and shall enter an order either extending the
22 defendant's period of conditional release for a single
23 additional three year period or discharging the
24 defendant. In no event shall the defendant's period of
25 conditional release exceed eight years. These provisions
26 for extension of conditional release shall only apply to
27 defendants conditionally released on or after July 1,
28 1979. However the extension provisions of this amendatory
29 Act of 1984 apply only to defendants charged with a
30 forcible felony.
31 (E) "Facility director" means the chief officer of
32 a mental health or developmental disabilities facility or
33 his or her designee or the supervisor of a program of
34 treatment or habilitation or his or her designee.
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1 "Designee" may include a physician, clinical
2 psychologist, social worker, or nurse.
3 (b) If the Court finds the defendant subject to
4 involuntary admission or in need of mental health services on
5 an inpatient basis, the admission, detention, care, treatment
6 or habilitation, review proceedings, and discharge of the
7 defendant after such order shall be under the Mental Health
8 and Developmental Disabilities Code, except that the initial
9 order for admission of a defendant acquitted of a felony by
10 reason of insanity shall be for an indefinite period of time.
11 Such period of commitment shall not exceed the maximum length
12 of time that the defendant would have been required to serve,
13 less credit for good behavior, before becoming eligible for
14 release had he been convicted of and received the maximum
15 sentence for the most serious crime for which he has been
16 acquitted by reason of insanity. The Court shall determine
17 the maximum period of commitment by an appropriate order.
18 During this period of time, the defendant shall not be
19 permitted to be in the community in any manner, including but
20 not limited to off-grounds privileges, with or without escort
21 by personnel of the Department of Human Services,
22 unsupervised on-grounds privileges, discharge or conditional
23 or temporary release, except by a plan as provided in this
24 Section. In no event shall a defendant's continued
25 unauthorized absence be a basis for discharge. Not more than
26 30 days after admission and every 60 days thereafter so long
27 as the initial order remains in effect, the facility director
28 shall file a treatment plan with the court. Such plan shall
29 include an evaluation of the defendant's progress and the
30 extent to which he is benefiting from treatment. Such plan
31 may also include unsupervised on-grounds privileges,
32 off-grounds privileges (with or without escort by personnel
33 of the Department of Human Services), home visits and
34 participation in work programs, but only where such
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1 privileges have been approved by specific court order, which
2 order may include such conditions on the defendant as the
3 Court may deem appropriate and necessary to reasonably assure
4 the defendant's satisfactory progress in treatment and the
5 safety of the defendant and others.
6 (c) Every defendant acquitted of a felony by reason of
7 insanity and subsequently found to be subject to involuntary
8 admission or in need of mental health services shall be
9 represented by counsel in all proceedings under this Section
10 and under the Mental Health and Developmental Disabilities
11 Code.
12 (1) The court shall appoint as counsel the public
13 defender or an attorney licensed by this State.
14 (2) Upon filing with the court of a verified
15 statement of legal services rendered by the private
16 attorney appointed pursuant to paragraph (1) of this
17 subsection, the court shall determine a reasonable fee
18 for such services. If the defendant is unable to pay the
19 fee, the court shall enter an order upon the State to pay
20 the entire fee or such amount as the defendant is unable
21 to pay from funds appropriated by the General Assembly
22 for that purpose.
23 (d) When the facility director determines that:
24 (1) the defendant is no longer subject to
25 involuntary admission or in need of mental health
26 services on an inpatient basis; and
27 (2) the defendant may be conditionally released
28 because he or she is still in need of mental health
29 services or that the defendant may be discharged as not
30 in need of any mental health services; or
31 (3) the defendant no longer requires placement in a
32 secure setting;
33 the facility director shall give written notice to the Court,
34 State's Attorney and defense attorney. Such notice shall set
SB1756 Enrolled -94- LRB9011691RCpc
1 forth in detail the basis for the recommendation of the
2 facility director, and specify clearly the recommendations,
3 if any, of the facility director, concerning conditional
4 release. Within 30 days of the notification by the facility
5 director, the Court shall set a hearing and make a finding as
6 to whether the defendant is:
7 (i) subject to involuntary admission; or
8 (ii) in need of mental health services in the form
9 of inpatient care; or
10 (iii) in need of mental health services but not
11 subject to involuntary admission or inpatient care; or
12 (iv) no longer in need of mental health services;
13 or
14 (v) no longer requires placement in a secure
15 setting.
16 Upon finding by the Court, the Court shall enter its
17 findings and such appropriate order as provided in subsection
18 (a) of this Section.
19 (e) A defendant admitted pursuant to this Section, or
20 any person on his behalf, may file a petition for transfer
21 to a non-secure setting within the Department of Human
22 Services or discharge or conditional release under the
23 standards of this Section in the court which rendered the
24 verdict. Upon receipt of a petition for transfer to a
25 non-secure setting or discharge or conditional release, the
26 court shall set a hearing to be held within 120 days.
27 Thereafter, no new petition may be filed for 120 days without
28 leave of the court.
29 (f) The court shall direct that notice of the time and
30 place of the hearing be served upon the defendant, the
31 facility director, the State's Attorney, and the defendant's
32 attorney. If requested by either the State or the defense or
33 if the Court feels it is appropriate, an impartial
34 examination of the defendant by a psychiatrist or clinical
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1 psychologist as defined in Section 1-103 of the Mental Health
2 and Developmental Disabilities Code who is not in the employ
3 of the Department of Human Services shall be ordered, and the
4 report considered at the time of the hearing.
5 (g) The findings of the court shall be established by
6 clear and convincing evidence. The burden of proof and the
7 burden of going forth with the evidence rest with the State
8 when a hearing is held to review the determination of the
9 facility director that the defendant should be transferred to
10 a non-secure setting, discharged or conditionally released.
11 The burden of proof and the burden of going forth with the
12 evidence rest on the defendant when a hearing is held to
13 review a petition filed by or on behalf of such defendant.
14 The evidence shall be presented in open court with the right
15 of confrontation and cross-examination.
16 (h) If the court finds that the defendant is no longer
17 in need of mental health services it shall order the facility
18 director to discharge the defendant. If the Court finds that
19 the defendant is in need of mental health services, and no
20 longer in need of inpatient care, it shall order the facility
21 director to release the defendant under such conditions as
22 the Court deems appropriate and as provided by this Section.
23 Such conditional release shall be imposed for a period of
24 five years and shall be subject to later modification by the
25 court as provided by this Section. If the court finds that
26 the defendant is subject to involuntary admission or in need
27 of mental health services on an inpatient basis, it shall
28 order the facility director not to discharge or release the
29 defendant in accordance with paragraph (b) of this Section.
30 (i) If within the period of the defendant's conditional
31 release, the court determines, after hearing evidence, that
32 the defendant has not fulfilled the conditions of release,
33 the court shall order a hearing to be held consistent with
34 the provisions of paragraph (f) and (g) of this section. At
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1 such hearing, if the court finds that the defendant is
2 subject to involuntary admission or in need of mental health
3 services on an inpatient basis, it shall enter an order
4 remanding him or her to the Department of Human Services or
5 other facility. If the defendant is remanded to the
6 Department of Human Services, he or she shall be placed in a
7 secure setting unless the court determines that there are
8 compelling reasons that such placement is not necessary. If
9 the court finds that the defendant continues to be in need
10 of mental health services but not on an inpatient basis, it
11 may modify the conditions of the original release in order to
12 reasonably assure the defendant's satisfactory progress in
13 treatment and his or her safety and the safety of others. In
14 no event shall such conditional release be longer than eight
15 years. Nothing in this Section shall limit a court's contempt
16 powers or any other powers of a court.
17 (j) An order of admission under this Section does not
18 affect the remedy of habeas corpus.
19 (k) In the event of a conflict between this Section and
20 the Mental Health and Developmental Disabilities Code or the
21 Mental Health and Developmental Disabilities Confidentiality
22 Act, the provisions of this Section shall govern.
23 (l) This amendatory Act shall apply to all persons who
24 have been found not guilty by reason of insanity and who are
25 presently committed to the Department of Mental Health and
26 Developmental Disabilities (now the Department of Human
27 Services).
28 (m) The Clerk of the court shall, after the entry of an
29 order of transfer to a non-secure setting of the Department
30 of Human Services or discharge or conditional release,
31 transmit a certified copy of the order to the Department of
32 Human Services, and the sheriff of the county from which the
33 defendant was admitted. In cases where the arrest of the
34 defendant or the commission of the offense took place in any
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1 municipality with a population of more than 25,000 persons,
2 the Clerk of the court shall also transmit a certified copy
3 of the order of discharge or conditional release to the
4 proper law enforcement agency for said municipality provided
5 the municipality has requested such notice in writing.
6 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
7 90-105, eff. 7-11-97.)
8 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
9 Sec. 5-4-1. Sentencing Hearing.
10 (a) Except when the death penalty is sought under
11 hearing procedures otherwise specified, after a determination
12 of guilt, a hearing shall be held to impose the sentence.
13 However, prior to the imposition of sentence on an individual
14 being sentenced for an offense based upon a charge for a
15 violation of Section 11-501 of the Illinois Vehicle Code or a
16 similar provision of a local ordinance, the individual must
17 undergo a professional evaluation to determine if an alcohol
18 or other drug abuse problem exists and the extent of such a
19 problem. Programs conducting these evaluations shall be
20 licensed by the Department of Human Services. However, if
21 the individual is not a resident of Illinois, the court may,
22 in its discretion, accept an evaluation from a program in the
23 state of such individual's residence. The court may in its
24 sentencing order approve an eligible defendant for placement
25 in a Department of Corrections impact incarceration program
26 as provided in Section 5-8-1.1. At the hearing the court
27 shall:
28 (1) consider the evidence, if any, received upon
29 the trial;
30 (2) consider any presentence reports;
31 (3) consider the financial impact of incarceration
32 based on the financial impact statement filed with the
33 clerk of the court by the Department of Corrections;
SB1756 Enrolled -98- LRB9011691RCpc
1 (4) consider evidence and information offered by
2 the parties in aggravation and mitigation;
3 (5) hear arguments as to sentencing alternatives;
4 (6) afford the defendant the opportunity to make a
5 statement in his own behalf;
6 (7) afford the victim of a violent crime or a
7 violation of Section 11-501 of the Illinois Vehicle Code,
8 or a similar provision of a local ordinance, committed by
9 the defendant the opportunity to make a statement
10 concerning the impact on the victim and to offer evidence
11 in aggravation or mitigation; provided that the statement
12 and evidence offered in aggravation or mitigation must
13 first be prepared in writing in conjunction with the
14 State's Attorney before it may be presented orally at the
15 hearing. Any sworn testimony offered by the victim is
16 subject to the defendant's right to cross-examine. All
17 statements and evidence offered under this paragraph (7)
18 shall become part of the record of the court; and
19 (8) in cases of reckless homicide afford the
20 victim's spouse, guardians, parents or other immediate
21 family members an opportunity to make oral statements.
22 (b) All sentences shall be imposed by the judge based
23 upon his independent assessment of the elements specified
24 above and any agreement as to sentence reached by the
25 parties. The judge who presided at the trial or the judge
26 who accepted the plea of guilty shall impose the sentence
27 unless he is no longer sitting as a judge in that court.
28 Where the judge does not impose sentence at the same time on
29 all defendants who are convicted as a result of being
30 involved in the same offense, the defendant or the State's
31 Attorney may advise the sentencing court of the disposition
32 of any other defendants who have been sentenced.
33 (c) In imposing a sentence for a violent crime or for an
34 offense of operating or being in physical control of a
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1 vehicle while under the influence of alcohol, any other drug
2 or any combination thereof, or a similar provision of a local
3 ordinance, when such offense resulted in the personal injury
4 to someone other than the defendant, the trial judge shall
5 specify on the record the particular evidence, information,
6 factors in mitigation and aggravation or other reasons that
7 led to his sentencing determination. The full verbatim record
8 of the sentencing hearing shall be filed with the clerk of
9 the court and shall be a public record.
10 (c-1) In imposing a sentence for the offense of
11 aggravated kidnapping for ransom, home invasion, armed
12 robbery, aggravated vehicular hijacking, aggravated discharge
13 of a firearm, or armed violence with a category I weapon or
14 category II weapon, the trial judge shall make a finding as
15 to whether the conduct leading to conviction for the offense
16 resulted in great bodily harm to a victim, and shall enter
17 that finding and the basis for that finding in the record.
18 (c-2) If the defendant is sentenced to prison, other
19 than when a sentence of natural life imprisonment or a
20 sentence of death is imposed, at the time the sentence is
21 imposed the judge shall state on the record in open court the
22 approximate period of time the defendant will serve in
23 custody according to the then current statutory rules and
24 regulations for early release found in Section 3-6-3 and
25 other related provisions of this Code. This statement is
26 intended solely to inform the public, has no legal effect on
27 the defendant's actual release, and may not be relied on by
28 the defendant on appeal.
29 The judge's statement, to be given after pronouncing the
30 sentence, other than when the sentence is imposed for one of
31 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
32 shall include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
SB1756 Enrolled -100- LRB9011691RCpc
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, assuming the defendant receives all of his or her good
6 conduct credit, the period of estimated actual custody is ...
7 years and ... months, less up to 180 days additional good
8 conduct credit for meritorious service. If the defendant,
9 because of his or her own misconduct or failure to comply
10 with the institutional regulations, does not receive those
11 credits, the actual time served in prison will be longer.
12 The defendant may also receive an additional one-half day
13 good conduct credit for each day of participation in
14 vocational, industry, substance abuse, and educational
15 programs as provided for by Illinois statute."
16 When the sentence is imposed for one of the offenses
17 enumerated in paragraph (a)(3) of Section 3-6-3, other than
18 when the sentence is imposed for one of the offenses
19 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
20 or after the effective date of this amendatory Act of 1998,
21 the judge's statement, to be given after pronouncing the
22 sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 90 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
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1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(2) of Section 3-6-3, other than
8 first degree murder, and the offense was committed on or
9 after the effective date of this amendatory Act of 1998, the
10 judge's statement, to be given after pronouncing the
11 sentence, shall include the following:
12 "The purpose of this statement is to inform the public of
13 the actual period of time this defendant is likely to spend
14 in prison as a result of this sentence. The actual period of
15 prison time served is determined by the statutes of Illinois
16 as applied to this sentence by the Illinois Department of
17 Corrections and the Illinois Prisoner Review Board. In this
18 case, the defendant is entitled to no more than 4 1/2 days of
19 good conduct credit for each month of his or her sentence of
20 imprisonment. Therefore, this defendant will serve at least
21 85% of his or her sentence. Assuming the defendant receives
22 4 1/2 days credit for each month of his or her sentence, the
23 period of estimated actual custody is ... years and ...
24 months. If the defendant, because of his or her own
25 misconduct or failure to comply with the institutional
26 regulations receives lesser credit, the actual time served in
27 prison will be longer."
28 When a sentence of imprisonment is imposed for first
29 degree murder and the offense was committed on or after the
30 effective date of this amendatory Act of 1998, the judge's
31 statement, to be given after pronouncing the sentence, shall
32 include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
SB1756 Enrolled -102- LRB9011691RCpc
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, the defendant is not entitled to good conduct credit.
6 Therefore, this defendant will serve 100% of his or her
7 sentence."
8 (d) When the defendant is committed to the Department of
9 Corrections, the State's Attorney shall and counsel for the
10 defendant may file a statement with the clerk of the court to
11 be transmitted to the department, agency or institution to
12 which the defendant is committed to furnish such department,
13 agency or institution with the facts and circumstances of the
14 offense for which the person was committed together with all
15 other factual information accessible to them in regard to the
16 person prior to his commitment relative to his habits,
17 associates, disposition and reputation and any other facts
18 and circumstances which may aid such department, agency or
19 institution during its custody of such person. The clerk
20 shall within 10 days after receiving any such statements
21 transmit a copy to such department, agency or institution and
22 a copy to the other party, provided, however, that this shall
23 not be cause for delay in conveying the person to the
24 department, agency or institution to which he has been
25 committed.
26 (e) The clerk of the court shall transmit to the
27 department, agency or institution, if any, to which the
28 defendant is committed, the following:
29 (1) the sentence imposed;
30 (2) any statement by the court of the basis for
31 imposing the sentence;
32 (3) any presentence reports;
33 (4) the number of days, if any, which the defendant
34 has been in custody and for which he is entitled to
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1 credit against the sentence, which information shall be
2 provided to the clerk by the sheriff;
3 (4.1) any finding of great bodily harm made by the
4 court with respect to an offense enumerated in subsection
5 (c-1);
6 (5) all statements filed under subsection (d) of
7 this Section;
8 (6) any medical or mental health records or
9 summaries of the defendant;
10 (7) the municipality where the arrest of the
11 offender or the commission of the offense has occurred,
12 where such municipality has a population of more than
13 25,000 persons;
14 (8) all statements made and evidence offered under
15 paragraph (7) of subsection (a) of this Section; and
16 (9) all additional matters which the court directs
17 the clerk to transmit. Sentencing Hearing.
18 (a) Except when the death penalty is sought under
19 hearing procedures otherwise specified, after a determination
20 of guilt, a hearing shall be held to impose the sentence.
21 However, prior to the imposition of sentence on an individual
22 being sentenced for an offense based upon a charge for a
23 violation of Section 11-501 of the Illinois Vehicle Code or a
24 similar provision of a local ordinance, the individual must
25 undergo a professional evaluation to determine if an alcohol
26 or other drug abuse problem exists and the extent of such a
27 problem. Programs conducting these evaluations shall be
28 licensed by the Department of Human Services. However, if
29 the individual is not a resident of Illinois, the court may,
30 in its discretion, accept an evaluation from a program in the
31 state of such individual's residence. The court may in its
32 sentencing order approve an eligible defendant for placement
33 in a Department of Corrections impact incarceration program
34 as provided in Section 5-8-1.1. At the hearing the court
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1 shall:
2 (1) consider the evidence, if any, received upon
3 the trial;
4 (2) consider any presentence reports;
5 (3) consider the financial impact of incarceration
6 based on the financial impact statement filed with the
7 clerk of the court by the Department of Corrections;
8 (4) consider evidence and information offered by
9 the parties in aggravation and mitigation;
10 (5) hear arguments as to sentencing alternatives;
11 (6) afford the defendant the opportunity to make a
12 statement in his own behalf;
13 (7) afford the victim of a violent crime or a
14 violation of Section 11-501 of the Illinois Vehicle Code,
15 or a similar provision of a local ordinance, committed by
16 the defendant the opportunity to make a statement
17 concerning the impact on the victim and to offer evidence
18 in aggravation or mitigation; provided that the statement
19 and evidence offered in aggravation or mitigation must
20 first be prepared in writing in conjunction with the
21 State's Attorney before it may be presented orally at the
22 hearing. Any sworn testimony offered by the victim is
23 subject to the defendant's right to cross-examine. All
24 statements and evidence offered under this paragraph (7)
25 shall become part of the record of the court; and
26 (8) in cases of reckless homicide afford the
27 victim's spouse, guardians, parents or other immediate
28 family members an opportunity to make oral statements.
29 (b) All sentences shall be imposed by the judge based
30 upon his independent assessment of the elements specified
31 above and any agreement as to sentence reached by the
32 parties. The judge who presided at the trial or the judge
33 who accepted the plea of guilty shall impose the sentence
34 unless he is no longer sitting as a judge in that court.
SB1756 Enrolled -105- LRB9011691RCpc
1 Where the judge does not impose sentence at the same time on
2 all defendants who are convicted as a result of being
3 involved in the same offense, the defendant or the State's
4 attorney may advise the sentencing court of the disposition
5 of any other defendants who have been sentenced.
6 (c) In imposing a sentence for a violent crime or for an
7 offense of operating or being in physical control of a
8 vehicle while under the influence of alcohol, any other drug
9 or any combination thereof, or a similar provision of a local
10 ordinance, when such offense resulted in the personal injury
11 to someone other than the defendant, the trial judge shall
12 specify on the record the particular evidence, information,
13 factors in mitigation and aggravation or other reasons that
14 led to his sentencing determination. The full verbatim record
15 of the sentencing hearing shall be filed with the clerk of
16 the court and shall be a public record.
17 (c-1) In imposing a sentence for the offense of
18 aggravated kidnapping for ransom, home invasion, armed
19 robbery, aggravated vehicular hijacking, aggravated discharge
20 of a firearm, or armed violence with a category I weapon or
21 category II weapon, the trial judge shall make a finding as
22 to whether the conduct leading to conviction for the offense
23 resulted in great bodily harm to a victim, and shall enter
24 that finding and the basis for that finding in the record.
25 (c-2) If the defendant is sentenced to prison, other
26 than when a sentence of natural life imprisonment or a
27 sentence of death is imposed, at the time the sentence is
28 imposed the judge shall state on the record in open court the
29 approximate period of time the defendant will serve in
30 custody according to the then current statutory rules and
31 regulations for early release found in Section 3-6-3 and
32 other related provisions of this Code. This statement is
33 intended solely to inform the public, has no legal effect on
34 the defendant's actual release, and may not be relied on by
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1 the defendant on appeal.
2 The judge's statement, to be given after pronouncing the
3 sentence, other than when the sentence is imposed for one of
4 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
5 shall include the following:
6 "The purpose of this statement is to inform the public of
7 the actual period of time this defendant is likely to spend
8 in prison as a result of this sentence. The actual period of
9 prison time served is determined by the statutes of Illinois
10 as applied to this sentence by the Illinois Department of
11 Corrections and the Illinois Prisoner Review Board. In this
12 case, assuming the defendant receives all of his or her good
13 conduct credit, the period of estimated actual custody is ...
14 years and ... months, less up to 180 days additional good
15 conduct credit for meritorious service. If the defendant,
16 because of his or her own misconduct or failure to comply
17 with the institutional regulations, does not receive those
18 credits, the actual time served in prison will be longer.
19 The defendant may also receive an additional one-half day
20 good conduct credit for each day of participation in
21 vocational, industry, substance abuse, and educational
22 programs as provided for by Illinois statute."
23 When the sentence is imposed for one of the offenses
24 enumerated in paragraph (a)(3) of Section 3-6-3, other than
25 when the sentence is imposed for one of the offenses
26 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
27 or after the effective date of this amendatory Act of 1995,
28 the judge's statement, to be given after pronouncing the
29 sentence, shall include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, assuming the defendant receives all of his or her good
3 conduct credit, the period of estimated actual custody is ...
4 years and ... months, less up to 90 days additional good
5 conduct credit for meritorious service. If the defendant,
6 because of his or her own misconduct or failure to comply
7 with the institutional regulations, does not receive those
8 credits, the actual time served in prison will be longer.
9 The defendant may also receive an additional one-half day
10 good conduct credit for each day of participation in
11 vocational, industry, substance abuse, and educational
12 programs as provided for by Illinois statute."
13 When the sentence is imposed for one of the offenses
14 enumerated in paragraph (a)(2) of Section 3-6-3, other than
15 first degree murder, and the offense was committed on or
16 after the effective date of this amendatory Act of 1995, the
17 judge's statement, to be given after pronouncing the
18 sentence, shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, the defendant is entitled to no more than 4 1/2 days of
26 good conduct credit for each month of his or her sentence of
27 imprisonment. Therefore, this defendant will serve at least
28 85% of his or her sentence. Assuming the defendant receives
29 4 1/2 days credit for each month of his or her sentence, the
30 period of estimated actual custody is ... years and ...
31 months. If the defendant, because of his or her own
32 misconduct or failure to comply with the institutional
33 regulations receives lesser credit, the actual time served in
34 prison will be longer."
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1 When a sentence of imprisonment is imposed for first
2 degree murder and the offense was committed on or after the
3 effective date of this amendatory Act of 1995, the judge's
4 statement, to be given after pronouncing the sentence, shall
5 include the following:
6 "The purpose of this statement is to inform the public of
7 the actual period of time this defendant is likely to spend
8 in prison as a result of this sentence. The actual period of
9 prison time served is determined by the statutes of Illinois
10 as applied to this sentence by the Illinois Department of
11 Corrections and the Illinois Prisoner Review Board. In this
12 case, the defendant is not entitled to good conduct credit.
13 Therefore, this defendant will serve 100% of his or her
14 sentence."
15 (d) When the defendant is committed to the Department of
16 Corrections, the State's Attorney shall and counsel for the
17 defendant may file a statement with the clerk of the court to
18 be transmitted to the department, agency or institution to
19 which the defendant is committed to furnish such department,
20 agency or institution with the facts and circumstances of the
21 offense for which the person was committed together with all
22 other factual information accessible to them in regard to the
23 person prior to his commitment relative to his habits,
24 associates, disposition and reputation and any other facts
25 and circumstances which may aid such department, agency or
26 institution during its custody of such person. The clerk
27 shall within 10 days after receiving any such statements
28 transmit a copy to such department, agency or institution and
29 a copy to the other party, provided, however, that this shall
30 not be cause for delay in conveying the person to the
31 department, agency or institution to which he has been
32 committed.
33 (e) The clerk of the court shall transmit to the
34 department, agency or institution, if any, to which the
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1 defendant is committed, the following:
2 (1) the sentence imposed;
3 (2) any statement by the court of the basis for
4 imposing the sentence;
5 (3) any presentence reports;
6 (4) the number of days, if any, which the defendant
7 has been in custody and for which he is entitled to
8 credit against the sentence, which information shall be
9 provided to the clerk by the sheriff;
10 (4.1) any finding of great bodily harm made by the
11 court with respect to an offense enumerated in subsection
12 (c-1);
13 (5) all statements filed under subsection (d) of
14 this Section;
15 (6) any medical or mental health records or
16 summaries of the defendant;
17 (7) the municipality where the arrest of the
18 offender or the commission of the offense has occurred,
19 where such municipality has a population of more than
20 25,000 persons;
21 (8) all statements made and evidence offered under
22 paragraph (7) of subsection (a) of this Section; and
23 (9) all additional matters which the court directs
24 the clerk to transmit.
25 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
26 Section 45. Section 12-903.5 of the Code of Civil
27 Procedure is amended as follows:
28 (735 ILCS 5/12-903.5)
29 Sec. 12-903.5. Drug asset forfeitures.
30 (a) The homestead exemption under this Part 9 of Article
31 XII does not apply to property subject to forfeiture under
32 Section 505 of the Illinois Controlled Substances Act,
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1 Section 12 of the Cannabis Control Act, or Section 5 of the
2 Narcotics Profit Forfeiture Act.
3 (b) This Section applies to actions pending on or
4 commenced on or after the effective date of this Section.
5 Drug asset forfeitures.
6 (a) The homestead exemption under this Part 9 of Article
7 XII does not apply to property subject to forfeiture under
8 Section 505 of the Illinois Controlled Substances Act,
9 Section 12 of the Cannabis Control Act, or Section 5 of the
10 Narcotics Profit Forfeiture Act.
11 (b) This Section applies to actions pending on or
12 commenced on or after the effective date of this amendatory
13 Act of 1995.
14 (Source: P.A. 89-404, eff. 8-20-95.)
15 Section 95. Severability. The provisions of this Act
16 are severable under Section 1.31 of the Statute on Statutes.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law, except that the amendatory changes to Sec. 18-5
19 of the Criminal Code of 1961 take effect January 1, 1999.