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91_HB1285sam001
LRB9103243RCdvam01
1 AMENDMENT TO HOUSE BILL 1285
2 AMENDMENT NO. . Amend House Bill 1285 by replacing
3 everything above the enacting clause with the following:
4 "AN ACT to re-enact various criminal provisions of Public
5 Act 88-680 and amend the Criminal Code of 1961."; and
6 by replacing everything below the enacting clause with the
7 following:
8 "Section 1. Purpose.
9 (1) The General Assembly finds and declares that:
10 (i) Public Act 88-680, effective January 1, 1995,
11 contained provisions amending various criminal statutes.
12 Public Act 88-680 also contained other provisions.
13 (ii) In addition, Public Act 88-680 was entitled
14 "AN ACT to create a Safe Neighborhoods Law". (A) Article
15 5 was entitled JUVENILE JUSTICE and amended the Juvenile
16 Court Act of 1987. (B) Article 15 was entitled GANGS and
17 amended various provisions of the Criminal Code of 1961
18 and the Unified Code of Corrections. (C) Article 20 was
19 entitled ALCOHOL ABUSE and amended various provisions of
20 the Illinois Vehicle Code. (D) Article 25 was entitled
21 DRUG ABUSE and amended the Cannabis Control Act and the
22 Illinois Controlled Substances Act. (E) Article 30 was
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1 entitled FIREARMS and amended the Criminal Code of 1961
2 and the Code of Criminal Procedure of 1963. (F) Article
3 35 amended the Criminal Code of 1961, the Rights of Crime
4 Victims and Witnesses Act, and the Unified Code of
5 Corrections. (G) Article 40 amended the Criminal Code of
6 1961 to increase the penalty for compelling organization
7 membership of persons. (H) Article 45 created the Secure
8 Residential Youth Care Facility Licensing Act and amended
9 the State Finance Act, the Juvenile Court Act of 1987,
10 the Unified Code of Corrections, and the Private
11 Correctional Facility Moratorium Act. (I) Article 50
12 amended the WIC Vendor Management Act, the Firearm Owners
13 Identification Card Act, the Juvenile Court Act of 1987,
14 the Criminal Code of 1961, the Wrongs to Children Act,
15 and the Unified Code of Corrections.
16 (iii) On December 2, 1999, the Illinois Supreme
17 Court, in People v. Cervantes, Docket No. 87229, ruled
18 that Public Act 88-680 violates the single subject clause
19 of the Illinois Constitution (Article IV, Section 8 (d))
20 and was unconstitutional in its entirety.
21 (iv) The criminal provisions of Public Act 88-680
22 are of vital concern to the people of this State and
23 legislative action concerning various criminal provisions
24 of Public Act 88-680 is necessary.
25 (2) It is the purpose of this Act to re-enact various
26 criminal provisions (other than provisions relating to child
27 pornography and WIC Fraud that have been re-enacted by Public
28 Acts 91-54 and 91-155 and provisions amending Section 6 of
29 the Firearm Owners Identification Act) contained in Public
30 Act 88-680, including subsequent amendments. This
31 re-enactment is intended to remove any question as to the
32 validity or content of those provisions.
33 (3) This Act re-enacts various criminal provisions
34 (other than provisions relating to child pornography and WIC
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1 Fraud that have been re-enacted by Public Acts 91-54 and
2 91-155 and provisions amending Section 6 of the Firearm
3 Owners Identification Act) contained in Public Act 88-680,
4 including subsequent amendments, to remove any question as to
5 the validity or content of those provisions; it is not
6 intended to supersede any other Public Act that amends the
7 text of the Sections as set forth in this Act. The material
8 is shown as existing text (i.e., without underscoring),
9 except (i) for technical changes having a revisory function
10 and (ii) as provided in subsection (4) of this Section.
11 (4) In addition to re-enacting Section 24-1 of the
12 Criminal Code of 1961, this Act amends that Section. The
13 amendments are shown by underscoring and striking text.
14 ARTICLE 15. GANGS
15 Section 15-5. The Criminal Code of 1961 is amended by
16 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
17 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
18 Sec. 12-6. Intimidation.
19 (a) A person commits intimidation when, with intent to
20 cause another to perform or to omit the performance of any
21 act, he communicates to another, whether in person, by
22 telephone or by mail, a threat to perform without lawful
23 authority any of the following acts:
24 (1) Inflict physical harm on the person threatened
25 or any other person or on property; or
26 (2) Subject any person to physical confinement or
27 restraint; or
28 (3) Commit any criminal offense; or
29 (4) Accuse any person of an offense; or
30 (5) Expose any person to hatred, contempt or
31 ridicule; or
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1 (6) Take action as a public official against anyone
2 or anything, or withhold official action, or cause such
3 action or withholding; or
4 (7) Bring about or continue a strike, boycott or
5 other collective action.
6 (b) Sentence.
7 Intimidation is a Class 3 felony for which an offender
8 may be sentenced to a term of imprisonment of not less than 2
9 years and not more than 10 years.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
12 Sec. 32-4. Communicating with jurors and witnesses.
13 (a) A person who, with intent to influence any person
14 whom he believes has been summoned as a juror, regarding any
15 matter which is or may be brought before such juror,
16 communicates, directly or indirectly, with such juror
17 otherwise than as authorized by law commits a Class 4 felony.
18 (b) A person who, with intent to deter any party or
19 witness from testifying freely, fully and truthfully to any
20 matter pending in any court, or before a Grand Jury,
21 Administrative agency or any other State or local
22 governmental unit, forcibly detains such party or witness, or
23 communicates, directly or indirectly, to such party or
24 witness any knowingly false information or a threat of injury
25 or damage to the property or person of any individual or
26 offers or delivers or threatens to withhold money or another
27 thing of value to any individual commits a Class 3 felony.
28 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
29 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
30 Sec. 32-4a. Harassment of representatives for the child,
31 jurors, witnesses and family members of representatives for
32 the child, jurors, and witnesses.
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1 (a) A person who, with intent to harass or annoy one who
2 has served or is serving or who is a family member of a
3 person who has served or is serving (1) as a juror because of
4 the verdict returned by the jury in a pending legal
5 proceeding or the participation of the juror in the verdict
6 or (2) as a witness, or who may be expected to serve as a
7 witness in a pending legal proceeding, because of the
8 testimony or potential testimony of the witness, communicates
9 directly or indirectly with the juror, witness, or family
10 member of a juror or witness in such manner as to produce
11 mental anguish or emotional distress or who conveys a threat
12 of injury or damage to the property or person of any juror,
13 witness, or family member of the juror or witness commits a
14 Class 2 felony.
15 (b) A person who, with intent to harass or annoy one who
16 has served or is serving or who is a family member of a
17 person who has served or is serving as a representative for
18 the child, appointed under Section 506 of the Illinois
19 Marriage and Dissolution of Marriage Act, Section 12 of the
20 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
21 the Code of Civil Procedure, because of the representative
22 service of that capacity, communicates directly or indirectly
23 with the representative or a family member of the
24 representative in such manner as to produce mental anguish or
25 emotional distress or who conveys a threat of injury or
26 damage to the property or person of any representative or a
27 family member of the representative commits a Class A
28 misdemeanor.
29 (c) For purposes of this Section, "family member" means
30 a spouse, parent, child, stepchild or other person related by
31 blood or by present marriage, a person who has, or allegedly
32 has a child in common, and a person who shares or allegedly
33 shares a blood relationship through a child.
34 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
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1 Section 15-15. The Unified Code of Corrections is
2 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
3 as follows:
4 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
5 Sec. 5-5-3.2. Factors in Aggravation.
6 (a) The following factors shall be accorded weight in
7 favor of imposing a term of imprisonment or may be considered
8 by the court as reasons to impose a more severe sentence
9 under Section 5-8-1:
10 (1) the defendant's conduct caused or threatened
11 serious harm;
12 (2) the defendant received compensation for
13 committing the offense;
14 (3) the defendant has a history of prior
15 delinquency or criminal activity;
16 (4) the defendant, by the duties of his office or
17 by his position, was obliged to prevent the particular
18 offense committed or to bring the offenders committing it
19 to justice;
20 (5) the defendant held public office at the time of
21 the offense, and the offense related to the conduct of
22 that office;
23 (6) the defendant utilized his professional
24 reputation or position in the community to commit the
25 offense, or to afford him an easier means of committing
26 it;
27 (7) the sentence is necessary to deter others from
28 committing the same crime;
29 (8) the defendant committed the offense against a
30 person 60 years of age or older or such person's
31 property;
32 (9) the defendant committed the offense against a
33 person who is physically handicapped or such person's
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1 property;
2 (10) by reason of another individual's actual or
3 perceived race, color, creed, religion, ancestry, gender,
4 sexual orientation, physical or mental disability, or
5 national origin, the defendant committed the offense
6 against (i) the person or property of that individual;
7 (ii) the person or property of a person who has an
8 association with, is married to, or has a friendship with
9 the other individual; or (iii) the person or property of
10 a relative (by blood or marriage) of a person described
11 in clause (i) or (ii). For the purposes of this Section,
12 "sexual orientation" means heterosexuality,
13 homosexuality, or bisexuality;
14 (11) the offense took place in a place of worship
15 or on the grounds of a place of worship, immediately
16 prior to, during or immediately following worship
17 services. For purposes of this subparagraph, "place of
18 worship" shall mean any church, synagogue or other
19 building, structure or place used primarily for religious
20 worship;
21 (12) the defendant was convicted of a felony
22 committed while he was released on bail or his own
23 recognizance pending trial for a prior felony and was
24 convicted of such prior felony, or the defendant was
25 convicted of a felony committed while he was serving a
26 period of probation, conditional discharge, or mandatory
27 supervised release under subsection (d) of Section 5-8-1
28 for a prior felony;
29 (13) the defendant committed or attempted to commit
30 a felony while he was wearing a bulletproof vest. For
31 the purposes of this paragraph (13), a bulletproof vest
32 is any device which is designed for the purpose of
33 protecting the wearer from bullets, shot or other lethal
34 projectiles;
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1 (14) the defendant held a position of trust or
2 supervision such as, but not limited to, family member as
3 defined in Section 12-12 of the Criminal Code of 1961,
4 teacher, scout leader, baby sitter, or day care worker,
5 in relation to a victim under 18 years of age, and the
6 defendant committed an offense in violation of Section
7 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
8 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
9 1961 against that victim;
10 (15) the defendant committed an offense related to
11 the activities of an organized gang. For the purposes of
12 this factor, "organized gang" has the meaning ascribed to
13 it in Section 10 of the Streetgang Terrorism Omnibus
14 Prevention Act;
15 (16) the defendant committed an offense in
16 violation of one of the following Sections while in a
17 school, regardless of the time of day or time of year; on
18 any conveyance owned, leased, or contracted by a school
19 to transport students to or from school or a school
20 related activity; on the real property of a school; or on
21 a public way within 1,000 feet of the real property
22 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
23 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
24 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
25 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
26 1961;
27 (16.5) the defendant committed an offense in
28 violation of one of the following Sections while in a day
29 care center, regardless of the time of day or time of
30 year; on the real property of a day care center,
31 regardless of the time of day or time of year; or on a
32 public way within 1,000 feet of the real property
33 comprising any day care center, regardless of the time of
34 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
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1 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
2 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
3 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
4 1961;
5 (17) the defendant committed the offense by reason
6 of any person's activity as a community policing
7 volunteer or to prevent any person from engaging in
8 activity as a community policing volunteer. For the
9 purpose of this Section, "community policing volunteer"
10 has the meaning ascribed to it in Section 2-3.5 of the
11 Criminal Code of 1961; or
12 (18) the defendant committed the offense in a
13 nursing home or on the real property comprising a nursing
14 home. For the purposes of this paragraph (18), "nursing
15 home" means a skilled nursing or intermediate long term
16 care facility that is subject to license by the Illinois
17 Department of Public Health under the Nursing Home Care
18 Act; or.
19 (19) (18) the defendant was a federally licensed
20 firearm dealer and was previously convicted of a
21 violation of subsection (a) of Section 3 of the Firearm
22 Owners Identification Card Act and has now committed
23 either a felony violation of the Firearm Owners
24 Identification Card Act or an act of armed violence while
25 armed with a firearm.
26 For the purposes of this Section:
27 "School" is defined as a public or private elementary or
28 secondary school, community college, college, or university.
29 "Day care center" means a public or private State
30 certified and licensed day care center as defined in Section
31 2.09 of the Child Care Act of 1969 that displays a sign in
32 plain view stating that the property is a day care center.
33 (b) The following factors may be considered by the court
34 as reasons to impose an extended term sentence under Section
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1 5-8-2 upon any offender:
2 (1) When a defendant is convicted of any felony,
3 after having been previously convicted in Illinois or any
4 other jurisdiction of the same or similar class felony or
5 greater class felony, when such conviction has occurred
6 within 10 years after the previous conviction, excluding
7 time spent in custody, and such charges are separately
8 brought and tried and arise out of different series of
9 acts; or
10 (2) When a defendant is convicted of any felony and
11 the court finds that the offense was accompanied by
12 exceptionally brutal or heinous behavior indicative of
13 wanton cruelty; or
14 (3) When a defendant is convicted of voluntary
15 manslaughter, second degree murder, involuntary
16 manslaughter or reckless homicide in which the defendant
17 has been convicted of causing the death of more than one
18 individual; or
19 (4) When a defendant is convicted of any felony
20 committed against:
21 (i) a person under 12 years of age at the time
22 of the offense or such person's property;
23 (ii) a person 60 years of age or older at the
24 time of the offense or such person's property; or
25 (iii) a person physically handicapped at the
26 time of the offense or such person's property; or
27 (5) In the case of a defendant convicted of
28 aggravated criminal sexual assault or criminal sexual
29 assault, when the court finds that aggravated criminal
30 sexual assault or criminal sexual assault was also
31 committed on the same victim by one or more other
32 individuals, and the defendant voluntarily participated
33 in the crime with the knowledge of the participation of
34 the others in the crime, and the commission of the crime
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1 was part of a single course of conduct during which there
2 was no substantial change in the nature of the criminal
3 objective; or
4 (6) When a defendant is convicted of any felony and
5 the offense involved any of the following types of
6 specific misconduct committed as part of a ceremony,
7 rite, initiation, observance, performance, practice or
8 activity of any actual or ostensible religious,
9 fraternal, or social group:
10 (i) the brutalizing or torturing of humans or
11 animals;
12 (ii) the theft of human corpses;
13 (iii) the kidnapping of humans;
14 (iv) the desecration of any cemetery,
15 religious, fraternal, business, governmental,
16 educational, or other building or property; or
17 (v) ritualized abuse of a child; or
18 (7) When a defendant is convicted of first degree
19 murder, after having been previously convicted in
20 Illinois of any offense listed under paragraph (c)(2) of
21 Section 5-5-3, when such conviction has occurred within
22 10 years after the previous conviction, excluding time
23 spent in custody, and such charges are separately brought
24 and tried and arise out of different series of acts; or
25 (8) When a defendant is convicted of a felony other
26 than conspiracy and the court finds that the felony was
27 committed under an agreement with 2 or more other persons
28 to commit that offense and the defendant, with respect to
29 the other individuals, occupied a position of organizer,
30 supervisor, financier, or any other position of
31 management or leadership, and the court further finds
32 that the felony committed was related to or in
33 furtherance of the criminal activities of an organized
34 gang or was motivated by the defendant's leadership in an
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1 organized gang; or
2 (9) When a defendant is convicted of a felony
3 violation of Section 24-1 of the Criminal Code of 1961
4 and the court finds that the defendant is a member of an
5 organized gang; or
6 (10) When a defendant committed the offense using a
7 firearm with a laser sight attached to it. For purposes
8 of this paragraph (10), "laser sight" has the meaning
9 ascribed to it in Section 24.6-5 of the Criminal Code of
10 1961; or.
11 (11) (10) When a defendant who was at least 17
12 years of age at the time of the commission of the offense
13 is convicted of a felony and has been previously
14 adjudicated a delinquent minor under the Juvenile Court
15 Act of 1987 for an act that if committed by an adult
16 would be a Class X or Class 1 felony when the conviction
17 has occurred within 10 years after the previous
18 adjudication, excluding time spent in custody.
19 (b-1) For the purposes of this Section, "organized gang"
20 has the meaning ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (c) The court may impose an extended term sentence under
23 Section 5-8-2 upon any offender who was convicted of
24 aggravated criminal sexual assault or predatory criminal
25 sexual assault of a child under subsection (a)(1) of Section
26 12-14.1 of the Criminal Code of 1961 where the victim was
27 under 18 years of age at the time of the commission of the
28 offense.
29 (d) The court may impose an extended term sentence under
30 Section 5-8-2 upon any offender who was convicted of unlawful
31 use of weapons under Section 24-1 of the Criminal Code of
32 1961 for possessing a weapon that is not readily
33 distinguishable as one of the weapons enumerated in Section
34 24-1 of the Criminal Code of 1961.
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1 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
2 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
3 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
4 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
5 revised 8-30-99.)
6 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
7 Sec. 5-6-3. Conditions of Probation and of Conditional
8 Discharge.
9 (a) The conditions of probation and of conditional
10 discharge shall be that the person:
11 (1) not violate any criminal statute of any
12 jurisdiction;
13 (2) report to or appear in person before such
14 person or agency as directed by the court;
15 (3) refrain from possessing a firearm or other
16 dangerous weapon;
17 (4) not leave the State without the consent of the
18 court or, in circumstances in which the reason for the
19 absence is of such an emergency nature that prior consent
20 by the court is not possible, without the prior
21 notification and approval of the person's probation
22 officer;
23 (5) permit the probation officer to visit him at
24 his home or elsewhere to the extent necessary to
25 discharge his duties;
26 (6) perform no less than 30 hours of community
27 service and not more than 120 hours of community service,
28 if community service is available in the jurisdiction and
29 is funded and approved by the county board where the
30 offense was committed, where the offense was related to
31 or in furtherance of the criminal activities of an
32 organized gang and was motivated by the offender's
33 membership in or allegiance to an organized gang. The
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1 community service shall include, but not be limited to,
2 the cleanup and repair of any damage caused by a
3 violation of Section 21-1.3 of the Criminal Code of 1961
4 and similar damage to property located within the
5 municipality or county in which the violation occurred.
6 When possible and reasonable, the community service
7 should be performed in the offender's neighborhood. For
8 purposes of this Section, "organized gang" has the
9 meaning ascribed to it in Section 10 of the Illinois
10 Streetgang Terrorism Omnibus Prevention Act;
11 (7) if he or she is at least 17 years of age and
12 has been sentenced to probation or conditional discharge
13 for a misdemeanor or felony in a county of 3,000,000 or
14 more inhabitants and has not been previously convicted of
15 a misdemeanor or felony, may be required by the
16 sentencing court to attend educational courses designed
17 to prepare the defendant for a high school diploma and to
18 work toward a high school diploma or to work toward
19 passing the high school level Test of General Educational
20 Development (GED) or to work toward completing a
21 vocational training program approved by the court. The
22 person on probation or conditional discharge must attend
23 a public institution of education to obtain the
24 educational or vocational training required by this
25 clause (7). The court shall revoke the probation or
26 conditional discharge of a person who wilfully fails to
27 comply with this clause (7). The person on probation or
28 conditional discharge shall be required to pay for the
29 cost of the educational courses or GED test, if a fee is
30 charged for those courses or test. The court shall
31 resentence the offender whose probation or conditional
32 discharge has been revoked as provided in Section 5-6-4.
33 This clause (7) does not apply to a person who has a high
34 school diploma or has successfully passed the GED test.
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1 This clause (7) does not apply to a person who is
2 determined by the court to be developmentally disabled or
3 otherwise mentally incapable of completing the
4 educational or vocational program; and
5 (8) if convicted of possession of a substance
6 prohibited by the Cannabis Control Act or Illinois
7 Controlled Substances Act after a previous conviction or
8 disposition of supervision for possession of a substance
9 prohibited by the Cannabis Control Act or Illinois
10 Controlled Substances Act or after a sentence of
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act and
13 upon a finding by the court that the person is addicted,
14 undergo treatment at a substance abuse program approved
15 by the court.
16 (b) The Court may in addition to other reasonable
17 conditions relating to the nature of the offense or the
18 rehabilitation of the defendant as determined for each
19 defendant in the proper discretion of the Court require that
20 the person:
21 (1) serve a term of periodic imprisonment under
22 Article 7 for a period not to exceed that specified in
23 paragraph (d) of Section 5-7-1;
24 (2) pay a fine and costs;
25 (3) work or pursue a course of study or vocational
26 training;
27 (4) undergo medical, psychological or psychiatric
28 treatment; or treatment for drug addiction or alcoholism;
29 (5) attend or reside in a facility established for
30 the instruction or residence of defendants on probation;
31 (6) support his dependents;
32 (7) and in addition, if a minor:
33 (i) reside with his parents or in a foster
34 home;
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1 (ii) attend school;
2 (iii) attend a non-residential program for
3 youth;
4 (iv) contribute to his own support at home or
5 in a foster home;
6 (8) make restitution as provided in Section 5-5-6
7 of this Code;
8 (9) perform some reasonable public or community
9 service;
10 (10) serve a term of home confinement. In addition
11 to any other applicable condition of probation or
12 conditional discharge, the conditions of home confinement
13 shall be that the offender:
14 (i) remain within the interior premises of the
15 place designated for his confinement during the
16 hours designated by the court;
17 (ii) admit any person or agent designated by
18 the court into the offender's place of confinement
19 at any time for purposes of verifying the offender's
20 compliance with the conditions of his confinement;
21 and
22 (iii) if further deemed necessary by the court
23 or the Probation or Court Services Department, be
24 placed on an approved electronic monitoring device,
25 subject to Article 8A of Chapter V;
26 (iv) for persons convicted of any alcohol,
27 cannabis or controlled substance violation who are
28 placed on an approved monitoring device as a
29 condition of probation or conditional discharge, the
30 court shall impose a reasonable fee for each day of
31 the use of the device, as established by the county
32 board in subsection (g) of this Section, unless
33 after determining the inability of the offender to
34 pay the fee, the court assesses a lesser fee or no
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1 fee as the case may be. This fee shall be imposed in
2 addition to the fees imposed under subsections (g)
3 and (i) of this Section. The fee shall be collected
4 by the clerk of the circuit court. The clerk of the
5 circuit court shall pay all monies collected from
6 this fee to the county treasurer for deposit in the
7 substance abuse services fund under Section 5-1086.1
8 of the Counties Code; and
9 (v) for persons convicted of offenses other
10 than those referenced in clause (iv) above and who
11 are placed on an approved monitoring device as a
12 condition of probation or conditional discharge, the
13 court shall impose a reasonable fee for each day of
14 the use of the device, as established by the county
15 board in subsection (g) of this Section, unless
16 after determining the inability of the defendant to
17 pay the fee, the court assesses a lesser fee or no
18 fee as the case may be. This fee shall be imposed
19 in addition to the fees imposed under subsections
20 (g) and (i) of this Section. The fee shall be
21 collected by the clerk of the circuit court. The
22 clerk of the circuit court shall pay all monies
23 collected from this fee to the county treasurer who
24 shall use the monies collected to defray the costs
25 of corrections. The county treasurer shall deposit
26 the fee collected in the county working cash fund
27 under Section 6-27001 or Section 6-29002 of the
28 Counties Code, as the case may be.
29 (11) comply with the terms and conditions of an
30 order of protection issued by the court pursuant to the
31 Illinois Domestic Violence Act of 1986, as now or
32 hereafter amended. A copy of the order of protection
33 shall be transmitted to the probation officer or agency
34 having responsibility for the case;
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1 (12) reimburse any "local anti-crime program" as
2 defined in Section 7 of the Anti-Crime Advisory Council
3 Act for any reasonable expenses incurred by the program
4 on the offender's case, not to exceed the maximum amount
5 of the fine authorized for the offense for which the
6 defendant was sentenced;
7 (13) contribute a reasonable sum of money, not to
8 exceed the maximum amount of the fine authorized for the
9 offense for which the defendant was sentenced, to a
10 "local anti-crime program", as defined in Section 7 of
11 the Anti-Crime Advisory Council Act;
12 (14) refrain from entering into a designated
13 geographic area except upon such terms as the court finds
14 appropriate. Such terms may include consideration of the
15 purpose of the entry, the time of day, other persons
16 accompanying the defendant, and advance approval by a
17 probation officer, if the defendant has been placed on
18 probation or advance approval by the court, if the
19 defendant was placed on conditional discharge;
20 (15) refrain from having any contact, directly or
21 indirectly, with certain specified persons or particular
22 types of persons, including but not limited to members of
23 street gangs and drug users or dealers;
24 (16) refrain from having in his or her body the
25 presence of any illicit drug prohibited by the Cannabis
26 Control Act or the Illinois Controlled Substances Act,
27 unless prescribed by a physician, and submit samples of
28 his or her blood or urine or both for tests to determine
29 the presence of any illicit drug.
30 (c) The court may as a condition of probation or of
31 conditional discharge require that a person under 18 years of
32 age found guilty of any alcohol, cannabis or controlled
33 substance violation, refrain from acquiring a driver's
34 license during the period of probation or conditional
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1 discharge. If such person is in possession of a permit or
2 license, the court may require that the minor refrain from
3 driving or operating any motor vehicle during the period of
4 probation or conditional discharge, except as may be
5 necessary in the course of the minor's lawful employment.
6 (d) An offender sentenced to probation or to conditional
7 discharge shall be given a certificate setting forth the
8 conditions thereof.
9 (e) The court shall not require as a condition of the
10 sentence of probation or conditional discharge that the
11 offender be committed to a period of imprisonment in excess
12 of 6 months. This 6 month limit shall not include periods of
13 confinement given pursuant to a sentence of county impact
14 incarceration under Section 5-8-1.2.
15 Persons committed to imprisonment as a condition of
16 probation or conditional discharge shall not be committed to
17 the Department of Corrections.
18 (f) The court may combine a sentence of periodic
19 imprisonment under Article 7 or a sentence to a county impact
20 incarceration program under Article 8 with a sentence of
21 probation or conditional discharge.
22 (g) An offender sentenced to probation or to conditional
23 discharge and who during the term of either undergoes
24 mandatory drug or alcohol testing, or both, or is assigned to
25 be placed on an approved electronic monitoring device, shall
26 be ordered to pay all costs incidental to such mandatory drug
27 or alcohol testing, or both, and all costs incidental to such
28 approved electronic monitoring in accordance with the
29 defendant's ability to pay those costs. The county board
30 with the concurrence of the Chief Judge of the judicial
31 circuit in which the county is located shall establish
32 reasonable fees for the cost of maintenance, testing, and
33 incidental expenses related to the mandatory drug or alcohol
34 testing, or both, and all costs incidental to approved
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1 electronic monitoring, involved in a successful probation
2 program for the county. The concurrence of the Chief Judge
3 shall be in the form of an administrative order. The fees
4 shall be collected by the clerk of the circuit court. The
5 clerk of the circuit court shall pay all moneys collected
6 from these fees to the county treasurer who shall use the
7 moneys collected to defray the costs of drug testing, alcohol
8 testing, and electronic monitoring. The county treasurer
9 shall deposit the fees collected in the county working cash
10 fund under Section 6-27001 or Section 6-29002 of the Counties
11 Code, as the case may be.
12 (h) Jurisdiction over an offender may be transferred
13 from the sentencing court to the court of another circuit
14 with the concurrence of both courts, or to another state
15 under an Interstate Probation Reciprocal Agreement as
16 provided in Section 3-3-11. Further transfers or retransfers
17 of jurisdiction are also authorized in the same manner. The
18 court to which jurisdiction has been transferred shall have
19 the same powers as the sentencing court.
20 (i) The court shall impose upon an offender sentenced to
21 probation after January 1, 1989 or to conditional discharge
22 after January 1, 1992, as a condition of such probation or
23 conditional discharge, a fee of $25 for each month of
24 probation or conditional discharge supervision ordered by the
25 court, unless after determining the inability of the person
26 sentenced to probation or conditional discharge to pay the
27 fee, the court assesses a lesser fee. The court may not
28 impose the fee on a minor who is made a ward of the State
29 under the Juvenile Court Act of 1987 while the minor is in
30 placement. The fee shall be imposed only upon an offender who
31 is actively supervised by the probation and court services
32 department. The fee shall be collected by the clerk of the
33 circuit court. The clerk of the circuit court shall pay all
34 monies collected from this fee to the county treasurer for
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1 deposit in the probation and court services fund under
2 Section 15.1 of the Probation and Probation Officers Act.
3 (j) All fines and costs imposed under this Section for
4 any violation of Chapters 3, 4, 6, and 11 of the Illinois
5 Vehicle Code, or a similar provision of a local ordinance,
6 and any violation of the Child Passenger Protection Act, or a
7 similar provision of a local ordinance, shall be collected
8 and disbursed by the circuit clerk as provided under Section
9 27.5 of the Clerks of Courts Act.
10 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
11 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
12 7-29-99.)
13 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
14 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
15 (a) When a defendant is placed on supervision, the court
16 shall enter an order for supervision specifying the period of
17 such supervision, and shall defer further proceedings in the
18 case until the conclusion of the period.
19 (b) The period of supervision shall be reasonable under
20 all of the circumstances of the case, but may not be longer
21 than 2 years, unless the defendant has failed to pay the
22 assessment required by Section 10.3 of the Cannabis Control
23 Act or Section 411.2 of the Illinois Controlled Substances
24 Act, in which case the court may extend supervision beyond 2
25 years. Additionally, the court shall order the defendant to
26 perform no less than 30 hours of community service and not
27 more than 120 hours of community service, if community
28 service is available in the jurisdiction and is funded and
29 approved by the county board where the offense was committed,
30 when the offense (1) was related to or in furtherance of the
31 criminal activities of an organized gang or was motivated by
32 the defendant's membership in or allegiance to an organized
33 gang; or (2) is a violation of any Section of Article 24 of
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1 the Criminal Code of 1961 where a disposition of supervision
2 is not prohibited by Section 5-6-1 of this Code. The
3 community service shall include, but not be limited to, the
4 cleanup and repair of any damage caused by violation of
5 Section 21-1.3 of the Criminal Code of 1961 and similar
6 damages to property located within the municipality or county
7 in which the violation occurred. Where possible and
8 reasonable, the community service should be performed in the
9 offender's neighborhood.
10 For the purposes of this Section, "organized gang" has
11 the meaning ascribed to it in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act.
13 (c) The court may in addition to other reasonable
14 conditions relating to the nature of the offense or the
15 rehabilitation of the defendant as determined for each
16 defendant in the proper discretion of the court require that
17 the person:
18 (1) make a report to and appear in person before or
19 participate with the court or such courts, person, or
20 social service agency as directed by the court in the
21 order of supervision;
22 (2) pay a fine and costs;
23 (3) work or pursue a course of study or vocational
24 training;
25 (4) undergo medical, psychological or psychiatric
26 treatment; or treatment for drug addiction or alcoholism;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (7) refrain from possessing a firearm or other
31 dangerous weapon;
32 (8) and in addition, if a minor:
33 (i) reside with his parents or in a foster
34 home;
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1 (ii) attend school;
2 (iii) attend a non-residential program for
3 youth;
4 (iv) contribute to his own support at home or
5 in a foster home; and
6 (9) make restitution or reparation in an amount not
7 to exceed actual loss or damage to property and pecuniary
8 loss or make restitution under Section 5-5-6 to a
9 domestic violence shelter. The court shall determine the
10 amount and conditions of payment;
11 (10) perform some reasonable public or community
12 service;
13 (11) comply with the terms and conditions of an
14 order of protection issued by the court pursuant to the
15 Illinois Domestic Violence Act of 1986. If the court has
16 ordered the defendant to make a report and appear in
17 person under paragraph (1) of this subsection, a copy of
18 the order of protection shall be transmitted to the
19 person or agency so designated by the court;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program
23 on the offender's case, not to exceed the maximum amount
24 of the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to
27 exceed the maximum amount of the fine authorized for the
28 offense for which the defendant was sentenced, to a
29 "local anti-crime program", as defined in Section 7 of
30 the Anti-Crime Advisory Council Act;
31 (14) refrain from entering into a designated
32 geographic area except upon such terms as the court finds
33 appropriate. Such terms may include consideration of the
34 purpose of the entry, the time of day, other persons
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1 accompanying the defendant, and advance approval by a
2 probation officer;
3 (15) refrain from having any contact, directly or
4 indirectly, with certain specified persons or particular
5 types of person, including but not limited to members of
6 street gangs and drug users or dealers;
7 (16) refrain from having in his or her body the
8 presence of any illicit drug prohibited by the Cannabis
9 Control Act or the Illinois Controlled Substances Act,
10 unless prescribed by a physician, and submit samples of
11 his or her blood or urine or both for tests to determine
12 the presence of any illicit drug;
13 (17) refrain from operating any motor vehicle not
14 equipped with an ignition interlock device as defined in
15 Section 1-129.1 of the Illinois Vehicle Code. Under this
16 condition the court may allow a defendant who is not
17 self-employed to operate a vehicle owned by the
18 defendant's employer that is not equipped with an
19 ignition interlock device in the course and scope of the
20 defendant's employment.
21 (d) The court shall defer entering any judgment on the
22 charges until the conclusion of the supervision.
23 (e) At the conclusion of the period of supervision, if
24 the court determines that the defendant has successfully
25 complied with all of the conditions of supervision, the court
26 shall discharge the defendant and enter a judgment dismissing
27 the charges.
28 (f) Discharge and dismissal upon a successful conclusion
29 of a disposition of supervision shall be deemed without
30 adjudication of guilt and shall not be termed a conviction
31 for purposes of disqualification or disabilities imposed by
32 law upon conviction of a crime. Two years after the
33 discharge and dismissal under this Section, unless the
34 disposition of supervision was for a violation of Sections
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1 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
2 Vehicle Code or a similar provision of a local ordinance, or
3 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
4 Code of 1961, in which case it shall be 5 years after
5 discharge and dismissal, a person may have his record of
6 arrest sealed or expunged as may be provided by law.
7 However, any defendant placed on supervision before January
8 1, 1980, may move for sealing or expungement of his arrest
9 record, as provided by law, at any time after discharge and
10 dismissal under this Section. A person placed on supervision
11 for a sexual offense committed against a minor as defined in
12 subsection (g) of Section 5 of the Criminal Identification
13 Act or for a violation of Section 11-501 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance
15 shall not have his or her record of arrest sealed or
16 expunged.
17 (g) A defendant placed on supervision and who during the
18 period of supervision undergoes mandatory drug or alcohol
19 testing, or both, or is assigned to be placed on an approved
20 electronic monitoring device, shall be ordered to pay the
21 costs incidental to such mandatory drug or alcohol testing,
22 or both, and costs incidental to such approved electronic
23 monitoring in accordance with the defendant's ability to pay
24 those costs. The county board with the concurrence of the
25 Chief Judge of the judicial circuit in which the county is
26 located shall establish reasonable fees for the cost of
27 maintenance, testing, and incidental expenses related to the
28 mandatory drug or alcohol testing, or both, and all costs
29 incidental to approved electronic monitoring, of all
30 defendants placed on supervision. The concurrence of the
31 Chief Judge shall be in the form of an administrative order.
32 The fees shall be collected by the clerk of the circuit
33 court. The clerk of the circuit court shall pay all moneys
34 collected from these fees to the county treasurer who shall
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1 use the moneys collected to defray the costs of drug testing,
2 alcohol testing, and electronic monitoring. The county
3 treasurer shall deposit the fees collected in the county
4 working cash fund under Section 6-27001 or Section 6-29002 of
5 the Counties Code, as the case may be.
6 (h) A disposition of supervision is a final order for
7 the purposes of appeal.
8 (i) The court shall impose upon a defendant placed on
9 supervision after January 1, 1992, as a condition of
10 supervision, a fee of $25 for each month of supervision
11 ordered by the court, unless after determining the inability
12 of the person placed on supervision to pay the fee, the court
13 assesses a lesser fee. The court may not impose the fee on a
14 minor who is made a ward of the State under the Juvenile
15 Court Act of 1987 while the minor is in placement. The fee
16 shall be imposed only upon a defendant who is actively
17 supervised by the probation and court services department.
18 The fee shall be collected by the clerk of the circuit court.
19 The clerk of the circuit court shall pay all monies collected
20 from this fee to the county treasurer for deposit in the
21 probation and court services fund pursuant to Section 15.1 of
22 the Probation and Probation Officers Act.
23 (j) All fines and costs imposed under this Section for
24 any violation of Chapters 3, 4, 6, and 11 of the Illinois
25 Vehicle Code, or a similar provision of a local ordinance,
26 and any violation of the Child Passenger Protection Act, or a
27 similar provision of a local ordinance, shall be collected
28 and disbursed by the circuit clerk as provided under Section
29 27.5 of the Clerks of Courts Act.
30 (k) A defendant at least 17 years of age who is placed
31 on supervision for a misdemeanor in a county of 3,000,000 or
32 more inhabitants and who has not been previously convicted of
33 a misdemeanor or felony may as a condition of his or her
34 supervision be required by the court to attend educational
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1 courses designed to prepare the defendant for a high school
2 diploma and to work toward a high school diploma or to work
3 toward passing the high school level Test of General
4 Educational Development (GED) or to work toward completing a
5 vocational training program approved by the court. The
6 defendant placed on supervision must attend a public
7 institution of education to obtain the educational or
8 vocational training required by this subsection (k). The
9 defendant placed on supervision shall be required to pay for
10 the cost of the educational courses or GED test, if a fee is
11 charged for those courses or test. The court shall revoke
12 the supervision of a person who wilfully fails to comply with
13 this subsection (k). The court shall resentence the
14 defendant upon revocation of supervision as provided in
15 Section 5-6-4. This subsection (k) does not apply to a
16 defendant who has a high school diploma or has successfully
17 passed the GED test. This subsection (k) does not apply to a
18 defendant who is determined by the court to be
19 developmentally disabled or otherwise mentally incapable of
20 completing the educational or vocational program.
21 (l) The court shall require a defendant placed on
22 supervision for possession of a substance prohibited by the
23 Cannabis Control Act or Illinois Controlled Substances Act
24 after a previous conviction or disposition of supervision for
25 possession of a substance prohibited by the Cannabis Control
26 Act or Illinois Controlled Substances Act or a sentence of
27 probation under Section 10 of the Cannabis Control Act or
28 Section 410 of the Illinois Controlled Substances Act and
29 after a finding by the court that the person is addicted, to
30 undergo treatment at a substance abuse program approved by
31 the court.
32 (m) The court shall require a defendant placed on
33 supervision for a violation of Section 3-707 of the Illinois
34 Vehicle Code or a similar provision of a local ordinance, as
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1 a condition of supervision, to give proof of his or her
2 financial responsibility as defined in Section 7-315 of the
3 Illinois Vehicle Code. The proof shall be maintained by the
4 defendant in a manner satisfactory to the Secretary of State
5 for a minimum period of one year after the date the proof is
6 first filed. The Secretary of State shall suspend the
7 driver's license of any person determined by the Secretary to
8 be in violation of this subsection.
9 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
10 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
11 1-1-99; 91-127, eff. 1-1-00.)
12 ARTICLE 20. ALCOHOL ABUSE
13 Section 20-900. The Illinois Vehicle Code is amended by
14 re-enacting Sections 6-303 and 11-501 as follows:
15 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
16 Sec. 6-303. Driving while driver's license, permit or
17 privilege to operate a motor vehicle is suspended or revoked.
18 (a) Any person who drives or is in actual physical
19 control of a motor vehicle on any highway of this State at a
20 time when such person's driver's license, permit or privilege
21 to do so or the privilege to obtain a driver's license or
22 permit is revoked or suspended as provided by this Code or
23 the law of another state, except as may be specifically
24 allowed by a judicial driving permit, family financial
25 responsibility driving permit, probationary license to drive,
26 or a restricted driving permit issued pursuant to this Code
27 or under the law of another state, shall be guilty of a Class
28 A misdemeanor.
29 (b) The Secretary of State upon receiving a report of
30 the conviction of any violation indicating a person was
31 operating a motor vehicle during the time when said person's
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1 driver's license, permit or privilege was suspended by the
2 Secretary, by the appropriate authority of another state, or
3 pursuant to Section 11-501.1; except as may be specifically
4 allowed by a probationary license to drive, judicial driving
5 permit or restricted driving permit issued pursuant to this
6 Code or the law of another state; shall extend the suspension
7 for the same period of time as the originally imposed
8 suspension; however, if the period of suspension has then
9 expired, the Secretary shall be authorized to suspend said
10 person's driving privileges for the same period of time as
11 the originally imposed suspension; and if the conviction was
12 upon a charge which indicated that a vehicle was operated
13 during the time when the person's driver's license, permit or
14 privilege was revoked; except as may be allowed by a
15 restricted driving permit issued pursuant to this Code or the
16 law of another state; the Secretary shall not issue a
17 driver's license for an additional period of one year from
18 the date of such conviction indicating such person was
19 operating a vehicle during such period of revocation.
20 (c) Any person convicted of violating this Section shall
21 serve a minimum term of imprisonment of 7 consecutive days or
22 30 days of community service when the person's driving
23 privilege was revoked or suspended as a result of:
24 (1) a violation of Section 11-501 of this Code or a
25 similar provision of a local ordinance relating to the
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, any other
28 drug or any combination thereof; or
29 (2) a violation of paragraph (b) of Section 11-401
30 of this Code or a similar provision of a local ordinance
31 relating to the offense of leaving the scene of a motor
32 vehicle accident involving personal injury or death; or
33 (3) a violation of Section 9-3 of the Criminal Code
34 of 1961, as amended, relating to the offense of reckless
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1 homicide; or
2 (4) a statutory summary suspension under Section
3 11-501.1 of this Code.
4 Such sentence of imprisonment or community service shall
5 not be subject to suspension in order to reduce such
6 sentence.
7 (d) Any person convicted of a second or subsequent
8 violation of this Section shall be guilty of a Class 4 felony
9 if the original revocation or suspension was for a violation
10 of Section 11-401 or 11-501 of this Code, or a similar
11 out-of-state offense, or a similar provision of a local
12 ordinance, a violation of Section 9-3 of the Criminal Code of
13 1961, relating to the offense of reckless homicide, or a
14 similar out-of-state offense, or a statutory summary
15 suspension under Section 11-501.1 of this Code.
16 (e) Any person in violation of this Section who is also
17 in violation of Section 7-601 of this Code relating to
18 mandatory insurance requirements, in addition to other
19 penalties imposed under this Section, shall have his or her
20 motor vehicle immediately impounded by the arresting law
21 enforcement officer. The motor vehicle may be released to
22 any licensed driver upon a showing of proof of insurance for
23 the vehicle that was impounded and the notarized written
24 consent for the release by the vehicle owner.
25 (f) For any prosecution under this Section, a certified
26 copy of the driving abstract of the defendant shall be
27 admitted as proof of any prior conviction.
28 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
29 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
30 90-738, eff. 1-1-99.)
31 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
32 Sec. 11-501. Driving while under the influence of
33 alcohol, other drug or drugs, intoxicating compound or
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1 compounds or any combination thereof.
2 (a) A person shall not drive or be in actual physical
3 control of any vehicle within this State while:
4 (1) the alcohol concentration in the person's blood
5 or breath is 0.08 or more based on the definition of
6 blood and breath units in Section 11-501.2;
7 (2) under the influence of alcohol;
8 (3) under the influence of any intoxicating
9 compound or combination of intoxicating compounds to a
10 degree that renders the person incapable of driving
11 safely;
12 (4) under the influence of any other drug or
13 combination of drugs to a degree that renders the person
14 incapable of safely driving;
15 (5) under the combined influence of alcohol, other
16 drug or drugs, or intoxicating compound or compounds to a
17 degree that renders the person incapable of safely
18 driving; or
19 (6) there is any amount of a drug, substance, or
20 compound in the person's breath, blood, or urine
21 resulting from the unlawful use or consumption of
22 cannabis listed in the Cannabis Control Act, a controlled
23 substance listed in the Illinois Controlled Substances
24 Act, or an intoxicating compound listed in the Use of
25 Intoxicating Compounds Act.
26 (b) The fact that any person charged with violating this
27 Section is or has been legally entitled to use alcohol, other
28 drug or drugs, or intoxicating compound or compounds, or any
29 combination thereof, shall not constitute a defense against
30 any charge of violating this Section.
31 (c) Except as provided under paragraphs (c-3) and (d) of
32 this Section, every person convicted of violating this
33 Section or a similar provision of a local ordinance, shall be
34 guilty of a Class A misdemeanor and, in addition to any other
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1 criminal or administrative action, for any second conviction
2 of violating this Section or a similar provision of a law of
3 another state or local ordinance committed within 5 years of
4 a previous violation of this Section or a similar provision
5 of a local ordinance shall be mandatorily sentenced to a
6 minimum of 48 consecutive hours of imprisonment or assigned
7 to a minimum of 100 hours of community service as may be
8 determined by the court. Every person convicted of violating
9 this Section or a similar provision of a local ordinance
10 shall be subject to a mandatory minimum fine of $500 and a
11 mandatory 5 days of community service in a program benefiting
12 children if the person committed a violation of paragraph (a)
13 or a similar provision of a local ordinance while
14 transporting a person under age 16. Every person convicted a
15 second time for violating this Section or a similar provision
16 of a local ordinance within 5 years of a previous violation
17 of this Section or a similar provision of a law of another
18 state or local ordinance shall be subject to a mandatory
19 minimum fine of $500 and 10 days of mandatory community
20 service in a program benefiting children if the current
21 offense was committed while transporting a person under age
22 16. The imprisonment or assignment under this subsection
23 shall not be subject to suspension nor shall the person be
24 eligible for probation in order to reduce the sentence or
25 assignment.
26 (c-1) (1) A person who violates this Section during a
27 period in which his or her driving privileges are revoked
28 or suspended, where the revocation or suspension was for
29 a violation of this Section, Section 11-501.1, paragraph
30 (b) of Section 11-401, or Section 9-3 of the Criminal
31 Code of 1961 is guilty of a Class 4 felony.
32 (2) A person who violates this Section a third time
33 during a period in which his or her driving privileges
34 are revoked or suspended where the revocation or
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1 suspension was for a violation of this Section, Section
2 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
3 of the Criminal Code of 1961 is guilty of a Class 3
4 felony.
5 (3) A person who violates this Section a fourth or
6 subsequent time during a period in which his or her
7 driving privileges are revoked or suspended where the
8 revocation or suspension was for a violation of this
9 Section, Section 11-501.1, paragraph (b) of Section
10 11-401, or Section 9-3 of the Criminal Code of 1961 is
11 guilty of a Class 2 felony.
12 (c-2) (Blank).
13 (c-3) Every person convicted of violating this Section
14 or a similar provision of a local ordinance who had a child
15 under age 16 in the vehicle at the time of the offense shall
16 have his or her punishment under this Act enhanced by 2 days
17 of imprisonment for a first offense, 10 days of imprisonment
18 for a second offense, 30 days of imprisonment for a third
19 offense, and 90 days of imprisonment for a fourth or
20 subsequent offense, in addition to the fine and community
21 service required under subsection (c) and the possible
22 imprisonment required under subsection (d). The imprisonment
23 or assignment under this subsection shall not be subject to
24 suspension nor shall the person be eligible for probation in
25 order to reduce the sentence or assignment.
26 (d) (1) Every person convicted of committing a violation
27 of this Section shall be guilty of aggravated driving under
28 the influence of alcohol, other drug or drugs, or
29 intoxicating compound or compounds, or any combination
30 thereof if:
31 (A) the person committed a violation of this
32 Section, or a similar provision of a law of another state
33 or a local ordinance when the cause of action is the same
34 as or substantially similar to this Section, for the
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1 third or subsequent time;
2 (B) the person committed a violation of paragraph
3 (a) while driving a school bus with children on board;
4 (C) the person in committing a violation of
5 paragraph (a) was involved in a motor vehicle accident
6 that resulted in great bodily harm or permanent
7 disability or disfigurement to another, when the
8 violation was a proximate cause of the injuries; or
9 (D) the person committed a violation of paragraph
10 (a) for a second time and has been previously convicted
11 of violating Section 9-3 of the Criminal Code of 1961
12 relating to reckless homicide in which the person was
13 determined to have been under the influence of alcohol,
14 other drug or drugs, or intoxicating compound or
15 compounds as an element of the offense or the person has
16 previously been convicted under subparagraph (C) of this
17 paragraph (1).
18 (2) Aggravated driving under the influence of alcohol,
19 other drug or drugs, or intoxicating compound or compounds,
20 or any combination thereof is a Class 4 felony for which a
21 person, if sentenced to a term of imprisonment, shall be
22 sentenced to not less than one year and not more than 3 years
23 for a violation of subparagraph (A), (B) or (D) of paragraph
24 (1) of this subsection (d) and not less than one year and not
25 more than 12 years for a violation of subparagraph (C) of
26 paragraph (1) of this subsection (d). For any prosecution
27 under this subsection (d), a certified copy of the driving
28 abstract of the defendant shall be admitted as proof of any
29 prior conviction.
30 (e) After a finding of guilt and prior to any final
31 sentencing, or an order for supervision, for an offense based
32 upon an arrest for a violation of this Section or a similar
33 provision of a local ordinance, individuals shall be required
34 to undergo a professional evaluation to determine if an
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1 alcohol, drug, or intoxicating compound abuse problem exists
2 and the extent of the problem. Programs conducting these
3 evaluations shall be licensed by the Department of Human
4 Services. The cost of any professional evaluation shall be
5 paid for by the individual required to undergo the
6 professional evaluation.
7 (f) Every person found guilty of violating this Section,
8 whose operation of a motor vehicle while in violation of this
9 Section proximately caused any incident resulting in an
10 appropriate emergency response, shall be liable for the
11 expense of an emergency response as provided under Section
12 5-5-3 of the Unified Code of Corrections.
13 (g) The Secretary of State shall revoke the driving
14 privileges of any person convicted under this Section or a
15 similar provision of a local ordinance.
16 (h) Every person sentenced under subsection (d) of this
17 Section and who receives a term of probation or conditional
18 discharge shall be required to serve a minimum term of either
19 30 days community service or, beginning July 1, 1993, 48
20 consecutive hours of imprisonment as a condition of the
21 probation or conditional discharge. This mandatory minimum
22 term of imprisonment or assignment of community service shall
23 not be suspended and shall not be subject to reduction by the
24 court.
25 (i) The Secretary of State may use ignition interlock
26 device requirements when granting driving relief to
27 individuals who have been arrested for a second or subsequent
28 offense of this Section or a similar provision of a local
29 ordinance. The Secretary shall establish by rule and
30 regulation the procedures for use of the interlock system.
31 (j) In addition to any other penalties and liabilities,
32 a person who is found guilty of violating this Section shall
33 be fined $100, payable to the circuit clerk, who shall
34 distribute the money to the law enforcement agency that made
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1 the arrest. In the event that more than one agency is
2 responsible for the arrest, the $100 shall be shared equally.
3 Any moneys received by a law enforcement agency under this
4 subsection (j) shall be used to purchase law enforcement
5 equipment that will assist in the prevention of alcohol
6 related criminal violence throughout the State. This shall
7 include, but is not limited to, in-car video cameras, radar
8 and laser speed detection devices, and alcohol breath
9 testers.
10 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
11 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
12 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
13 eff. 7-29-99.)
14 ARTICLE 25. DRUG ABUSE
15 Section 25-10. The Cannabis Control Act is amended by
16 re-enacting Section 10 as follows:
17 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
18 Sec. 10. (a) Whenever any person who has not previously
19 been convicted of, or placed on probation or court
20 supervision for, any offense under this Act or any law of the
21 United States or of any State relating to cannabis, or
22 controlled substances as defined in the Illinois Controlled
23 Substances Act, pleads guilty to or is found guilty of
24 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
25 or 8 of this Act, the court may, without entering a judgment
26 and with the consent of such person, sentence him to
27 probation.
28 (b) When a person is placed on probation, the court
29 shall enter an order specifying a period of probation of 24
30 months, and shall defer further proceedings in the case until
31 the conclusion of the period or until the filing of a
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1 petition alleging violation of a term or condition of
2 probation.
3 (c) The conditions of probation shall be that the
4 person: (1) not violate any criminal statute of any
5 jurisdiction; (2) refrain from possession of a firearm or
6 other dangerous weapon; (3) submit to periodic drug testing
7 at a time and in a manner as ordered by the court, but no
8 less than 3 times during the period of the probation, with
9 the cost of the testing to be paid by the probationer; and
10 (4) perform no less than 30 hours of community service,
11 provided community service is available in the jurisdiction
12 and is funded and approved by the county board.
13 (d) The court may, in addition to other conditions,
14 require that the person:
15 (1) make a report to and appear in person before or
16 participate with the court or such courts, person, or
17 social service agency as directed by the court in the
18 order of probation;
19 (2) pay a fine and costs;
20 (3) work or pursue a course of study or vocational
21 training;
22 (4) undergo medical or psychiatric treatment; or
23 treatment for drug addiction or alcoholism;
24 (5) attend or reside in a facility established for
25 the instruction or residence of defendants on probation;
26 (6) support his dependents;
27 (7) refrain from possessing a firearm or other
28 dangerous weapon;
29 (7-5) refrain from having in his or her body the
30 presence of any illicit drug prohibited by the Cannabis
31 Control Act or the Illinois Controlled Substances Act,
32 unless prescribed by a physician, and submit samples of
33 his or her blood or urine or both for tests to determine
34 the presence of any illicit drug;
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1 (8) and in addition, if a minor:
2 (i) reside with his parents or in a foster
3 home;
4 (ii) attend school;
5 (iii) attend a non-residential program for
6 youth;
7 (iv) contribute to his own support at home or
8 in a foster home.
9 (e) Upon violation of a term or condition of probation,
10 the court may enter a judgment on its original finding of
11 guilt and proceed as otherwise provided.
12 (f) Upon fulfillment of the terms and conditions of
13 probation, the court shall discharge such person and dismiss
14 the proceedings against him.
15 (g) A disposition of probation is considered to be a
16 conviction for the purposes of imposing the conditions of
17 probation and for appeal, however, discharge and dismissal
18 under this Section is not a conviction for purposes of
19 disqualification or disabilities imposed by law upon
20 conviction of a crime (including the additional penalty
21 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
22 (c) or 5 (d) of this Act).
23 (h) Discharge and dismissal under this Section or under
24 Section 410 of the Illinois Controlled Substances Act may
25 occur only once with respect to any person.
26 (i) If a person is convicted of an offense under this
27 Act or the Illinois Controlled Substances Act within 5 years
28 subsequent to a discharge and dismissal under this Section,
29 the discharge and dismissal under this Section shall be
30 admissible in the sentencing proceeding for that conviction
31 as a factor in aggravation.
32 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
33 Section 25-15. The Illinois Controlled Substances Act is
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1 amended by re-enacting Section 410 as follows:
2 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
3 Sec. 410. (a) Whenever any person who has not previously
4 been convicted of, or placed on probation or court
5 supervision for any offense under this Act or any law of the
6 United States or of any State relating to cannabis or
7 controlled substances, pleads guilty to or is found guilty of
8 possession of a controlled or counterfeit substance under
9 subsection (c) of Section 402, the court, without entering a
10 judgment and with the consent of such person, may sentence
11 him to probation.
12 (b) When a person is placed on probation, the court
13 shall enter an order specifying a period of probation of 24
14 months and shall defer further proceedings in the case until
15 the conclusion of the period or until the filing of a
16 petition alleging violation of a term or condition of
17 probation.
18 (c) The conditions of probation shall be that the
19 person: (1) not violate any criminal statute of any
20 jurisdiction; (2) refrain from possessing a firearm or other
21 dangerous weapon; (3) submit to periodic drug testing at a
22 time and in a manner as ordered by the court, but no less
23 than 3 times during the period of the probation, with the
24 cost of the testing to be paid by the probationer; and (4)
25 perform no less than 30 hours of community service, provided
26 community service is available in the jurisdiction and is
27 funded and approved by the county board.
28 (d) The court may, in addition to other conditions,
29 require that the person:
30 (1) make a report to and appear in person before or
31 participate with the court or such courts, person, or
32 social service agency as directed by the court in the
33 order of probation;
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1 (2) pay a fine and costs;
2 (3) work or pursue a course of study or vocational
3 training;
4 (4) undergo medical or psychiatric treatment; or
5 treatment or rehabilitation approved by the Illinois
6 Department of Human Services;
7 (5) attend or reside in a facility established for
8 the instruction or residence of defendants on probation;
9 (6) support his dependents;
10 (6-5) refrain from having in his or her body the
11 presence of any illicit drug prohibited by the Cannabis
12 Control Act or the Illinois Controlled Substances Act,
13 unless prescribed by a physician, and submit samples of
14 his or her blood or urine or both for tests to determine
15 the presence of any illicit drug;
16 (7) and in addition, if a minor:
17 (i) reside with his parents or in a foster
18 home;
19 (ii) attend school;
20 (iii) attend a non-residential program for
21 youth;
22 (iv) contribute to his own support at home or
23 in a foster home.
24 (e) Upon violation of a term or condition of probation,
25 the court may enter a judgment on its original finding of
26 guilt and proceed as otherwise provided.
27 (f) Upon fulfillment of the terms and conditions of
28 probation, the court shall discharge the person and dismiss
29 the proceedings against him.
30 (g) A disposition of probation is considered to be a
31 conviction for the purposes of imposing the conditions of
32 probation and for appeal, however, discharge and dismissal
33 under this Section is not a conviction for purposes of this
34 Act or for purposes of disqualifications or disabilities
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1 imposed by law upon conviction of a crime.
2 (h) There may be only one discharge and dismissal under
3 this Section or Section 10 of the Cannabis Control Act with
4 respect to any person.
5 (i) If a person is convicted of an offense under this
6 Act or the Cannabis Control Act within 5 years subsequent to
7 a discharge and dismissal under this Section, the discharge
8 and dismissal under this Section shall be admissible in the
9 sentencing proceeding for that conviction as evidence in
10 aggravation.
11 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
12 7-1-97.)
13 ARTICLE 30. FIREARMS
14 Section 30-905. The Criminal Code of 1961 is amended by
15 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
16 (720 ILCS 5/24-3A)
17 Sec. 24-3A. Gunrunning.
18 (a) A person commits gunrunning when he or she transfers
19 3 or more firearms in violation of any of the paragraphs of
20 Section 24-3 of this Code.
21 (b) Sentence. A person who commits gunrunning is guilty
22 of a Class 1 felony. A person who commits gunrunning by
23 transferring firearms to a person who, at the time of the
24 commission of the offense, is under 18 years of age is guilty
25 of a Class X felony.
26 (Source: P.A. 91-13, eff. 1-1-00.)
27 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
28 Sec. 24-5. Defacing identification marks of firearms.
29 (a) Any person who shall knowingly or intentionally
30 change, alter, remove or obliterate the name of the maker,
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1 model, manufacturer's number or other mark of identification
2 of any firearm commits a Class 2 felony.
3 (b) Possession of any firearm upon which any such mark
4 shall have been changed, altered, removed or obliterated
5 shall be prima facie evidence that the possessor has changed,
6 altered, removed or obliterated the same.
7 (Source: P.A. 88-680, eff. 1-1-95.)
8 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
9 Sec. 24-6. Confiscation and disposition of weapons.
10 (a) Upon conviction of an offense in which a weapon was
11 used or possessed by the offender, any weapon seized shall be
12 confiscated by the trial court.
13 (b) Any stolen weapon so confiscated, when no longer
14 needed for evidentiary purposes, shall be returned to the
15 person entitled to possession, if known. After the
16 disposition of a criminal case or in any criminal case where
17 a final judgment in the case was not entered due to the death
18 of the defendant, and when a confiscated weapon is no longer
19 needed for evidentiary purposes, and when in due course no
20 legitimate claim has been made for the weapon, the court may
21 transfer the weapon to the sheriff of the county who may
22 proceed to destroy it, or may in its discretion order the
23 weapon preserved as property of the governmental body whose
24 police agency seized the weapon, or may in its discretion
25 order the weapon to be transferred to the Department of State
26 Police for use by the crime laboratory system, for training
27 purposes, or for any other application as deemed appropriate
28 by the Department. If, after the disposition of a criminal
29 case, a need still exists for the use of the confiscated
30 weapon for evidentiary purposes, the court may transfer the
31 weapon to the custody of the State Department of Corrections
32 for preservation. The court may not order the transfer of
33 the weapon to any private individual or private organization
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1 other than to return a stolen weapon to its rightful owner.
2 The provisions of this Section shall not apply to
3 violations of the Fish and Aquatic Life Code or the Wildlife
4 Code. Confiscation of weapons for Fish and Aquatic Life Code
5 and Wildlife Code violations shall be only as provided in
6 those Codes.
7 (c) Any mental hospital that admits a person as an
8 inpatient pursuant to any of the provisions of the Mental
9 Health and Developmental Disabilities Code shall confiscate
10 any firearms in the possession of that person at the time of
11 admission, or at any time the firearms are discovered in the
12 person's possession during the course of hospitalization. The
13 hospital shall, as soon as possible following confiscation,
14 transfer custody of the firearms to the appropriate law
15 enforcement agency. The hospital shall give written notice to
16 the person from whom the firearm was confiscated of the
17 identity and address of the law enforcement agency to which
18 it has given the firearm.
19 The law enforcement agency shall maintain possession of
20 any firearm it obtains pursuant to this subsection for a
21 minimum of 90 days. Thereafter, the firearm may be disposed
22 of pursuant to the provisions of subsection (b) of this
23 Section.
24 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
25 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
26 Sec. 32-10. Violation of bail bond.
27 (a) Whoever, having been admitted to bail for appearance
28 before any court of this State, incurs a forfeiture of the
29 bail and willfully fails to surrender himself within 30 days
30 following the date of such forfeiture, commits, if the bail
31 was given in connection with a charge of felony or pending
32 appeal or certiorari after conviction of any offense, a
33 felony of the next lower Class or a Class A misdemeanor if
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1 the underlying offense was a Class 4 felony; or, if the bail
2 was given in connection with a charge of committing a
3 misdemeanor, or for appearance as a witness, commits a
4 misdemeanor of the next lower Class, but not less than a
5 Class C misdemeanor.
6 (a-5) Any person who violates a condition of bail bond
7 by possessing a firearm in violation of his or her conditions
8 of bail commits a Class 4 felony for a first violation and a
9 Class 3 felony for a second violation.
10 (b) Whoever, having been admitted to bail for appearance
11 before any court of this State, while charged with a criminal
12 offense in which the victim is a family or household member
13 as defined in Article 112A of the Code of Criminal Procedure
14 of 1963, knowingly violates a condition of that release as
15 set forth in Section 110-10, subsection (d) of the Code of
16 Criminal Procedure of 1963, commits a Class A misdemeanor.
17 (c) Whoever, having been admitted to bail for appearance
18 before any court of this State for a felony, Class A
19 misdemeanor or a criminal offense in which the victim is a
20 family or household member as defined in Article 112A of the
21 Code of Criminal Procedure of 1963, is charged with any other
22 felony, Class A misdemeanor, or a criminal offense in which
23 the victim is a family or household member as defined in
24 Article 112A of the Code of Criminal Procedure of 1963 while
25 on such release, must appear before the court before bail is
26 statutorily set.
27 (d) Nothing in this Section shall interfere with or
28 prevent the exercise by any court of its power to punishment
29 for contempt. Any sentence imposed for violation of this
30 Section shall be served consecutive to the sentence imposed
31 for the charge for which bail had been granted and with
32 respect to which the defendant has been convicted.
33 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
34 7-21-95.)
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1 Section 15-910. The Code of Criminal Procedure of 1963
2 is amended by re-enacting Section 110-10 as follows:
3 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
4 Sec. 110-10. Conditions of bail bond.
5 (a) If a person is released prior to conviction, either
6 upon payment of bail security or on his or her own
7 recognizance, the conditions of the bail bond shall be that
8 he or she will:
9 (1) Appear to answer the charge in the court having
10 jurisdiction on a day certain and thereafter as ordered
11 by the court until discharged or final order of the
12 court;
13 (2) Submit himself or herself to the orders and
14 process of the court;
15 (3) Not depart this State without leave of the
16 court;
17 (4) Not violate any criminal statute of any
18 jurisdiction;
19 (5) At a time and place designated by the court,
20 surrender all firearms in his or her possession to a law
21 enforcement officer designated by the court to take
22 custody of and impound the firearms when the offense the
23 person has been charged with is a forcible felony,
24 stalking, aggravated stalking, domestic battery, any
25 violation of either the Illinois Controlled Substances
26 Act or the Cannabis Control Act that is classified as a
27 Class 2 or greater felony, or any felony violation of
28 Article 24 of the Criminal Code of 1961; the court may,
29 however, forgo forego the imposition of this condition
30 when the circumstances of the case clearly do not warrant
31 it or when its imposition would be impractical; all
32 legally possessed firearms shall be returned to the
33 person upon that person completing a sentence for a
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1 conviction on a misdemeanor domestic battery, upon the
2 charges being dismissed, or if the person is found not
3 guilty, unless the finding of not guilty is by reason of
4 insanity; and
5 (6) At a time and place designated by the court,
6 submit to a psychological evaluation when the person has
7 been charged with a violation of item (4) of subsection
8 (a) of Section 24-1 of the Criminal Code of 1961 and that
9 violation occurred in a school or in any conveyance
10 owned, leased, or contracted by a school to transport
11 students to or from school or a school-related activity,
12 or on any public way within 1,000 feet of real property
13 comprising any school.
14 Psychological evaluations ordered pursuant to this
15 Section shall be completed promptly and made available to the
16 State, the defendant, and the court. As a further condition
17 of bail under these circumstances, the court shall order the
18 defendant to refrain from entering upon the property of the
19 school, including any conveyance owned, leased, or contracted
20 by a school to transport students to or from school or a
21 school-related activity, or on any public way within 1,000
22 feet of real property comprising any school. Upon receipt of
23 the psychological evaluation, either the State or the
24 defendant may request a change in the conditions of bail,
25 pursuant to Section 110-6 of this Code. The court may change
26 the conditions of bail to include a requirement that the
27 defendant follow the recommendations of the psychological
28 evaluation, including undergoing psychiatric treatment. The
29 conclusions of the psychological evaluation and any
30 statements elicited from the defendant during its
31 administration are not admissible as evidence of guilt during
32 the course of any trial on the charged offense, unless the
33 defendant places his or her mental competency in issue.
34 (b) The court may impose other conditions, such as the
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1 following, if the court finds that such conditions are
2 reasonably necessary to assure the defendant's appearance in
3 court, protect the public from the defendant, or prevent the
4 defendant's unlawful interference with the orderly
5 administration of justice:
6 (1) Report to or appear in person before such
7 person or agency as the court may direct;
8 (2) Refrain from possessing a firearm or other
9 dangerous weapon;
10 (3) Refrain from approaching or communicating with
11 particular persons or classes of persons;
12 (4) Refrain from going to certain described
13 geographical areas or premises;
14 (5) Refrain from engaging in certain activities or
15 indulging in intoxicating liquors or in certain drugs;
16 (6) Undergo treatment for drug addiction or
17 alcoholism;
18 (7) Undergo medical or psychiatric treatment;
19 (8) Work or pursue a course of study or vocational
20 training;
21 (9) Attend or reside in a facility designated by
22 the court;
23 (10) Support his or her dependents;
24 (11) If a minor resides with his or her parents or
25 in a foster home, attend school, attend a non-residential
26 program for youths, and contribute to his or her own
27 support at home or in a foster home;
28 (12) Observe any curfew ordered by the court;
29 (13) Remain in the custody of such designated
30 person or organization agreeing to supervise his release.
31 Such third party custodian shall be responsible for
32 notifying the court if the defendant fails to observe the
33 conditions of release which the custodian has agreed to
34 monitor, and shall be subject to contempt of court for
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1 failure so to notify the court;
2 (14) Be placed under direct supervision of the
3 Pretrial Services Agency, Probation Department or Court
4 Services Department in a pretrial bond home supervision
5 capacity with or without the use of an approved
6 electronic monitoring device subject to Article 8A of
7 Chapter V of the Unified Code of Corrections; or
8 (14.1) The court shall impose upon a defendant who
9 is charged with any alcohol, cannabis or controlled
10 substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial
13 bond home supervision capacity with the use of an
14 approved monitoring device, as a condition of such bail
15 bond, a fee that represents costs incidental to the
16 electronic monitoring for each day of such bail
17 supervision ordered by the court, unless after
18 determining the inability of the defendant to pay the
19 fee, the court assesses a lesser fee or no fee as the
20 case may be. The fee shall be collected by the clerk of
21 the circuit court. The clerk of the circuit court shall
22 pay all monies collected from this fee to the county
23 treasurer for deposit in the substance abuse services
24 fund under Section 5-1086.1 of the Counties Code;
25 (14.2) The court shall impose upon all defendants,
26 including those defendants subject to paragraph (14.1)
27 above, placed under direct supervision of the Pretrial
28 Services Agency, Probation Department or Court Services
29 Department in a pretrial bond home supervision capacity
30 with the use of an approved monitoring device, as a
31 condition of such bail bond, a fee which shall represent
32 costs incidental to such electronic monitoring for each
33 day of such bail supervision ordered by the court, unless
34 after determining the inability of the defendant to pay
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1 the fee, the court assesses a lesser fee or no fee as the
2 case may be. The fee shall be collected by the clerk of
3 the circuit court. The clerk of the circuit court shall
4 pay all monies collected from this fee to the county
5 treasurer who shall use the monies collected to defray
6 the costs of corrections. The county treasurer shall
7 deposit the fee collected in the county working cash fund
8 under Section 6-27001 or Section 6-29002 of the Counties
9 Code, as the case may be;
10 (15) Comply with the terms and conditions of an
11 order of protection issued by the court under the
12 Illinois Domestic Violence Act of 1986;
13 (16) Under Section 110-6.5 comply with the
14 conditions of the drug testing program; and
15 (17) Such other reasonable conditions as the court
16 may impose.
17 (c) When a person is charged with an offense under
18 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
19 "Criminal Code of 1961", involving a victim who is a minor
20 under 18 years of age living in the same household with the
21 defendant at the time of the offense, in granting bail or
22 releasing the defendant on his own recognizance, the judge
23 shall impose conditions to restrict the defendant's access to
24 the victim which may include, but are not limited to
25 conditions that he will:
26 1. Vacate the Household.
27 2. Make payment of temporary support to his
28 dependents.
29 3. Refrain from contact or communication with the
30 child victim, except as ordered by the court.
31 (d) When a person is charged with a criminal offense and
32 the victim is a family or household member as defined in
33 Article 112A, conditions shall be imposed at the time of the
34 defendant's release on bond that restrict the defendant's
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1 access to the victim. Unless provided otherwise by the court,
2 the restrictions shall include requirements that the
3 defendant do the following:
4 (1) refrain from contact or communication with the
5 victim for a minimum period of 72 hours following the
6 defendant's release; and
7 (2) refrain from entering or remaining at the
8 victim's residence for a minimum period of 72 hours
9 following the defendant's release.
10 (e) Local law enforcement agencies shall develop
11 standardized bond forms for use in cases involving family or
12 household members as defined in Article 112A, including
13 specific conditions of bond as provided in subsection (d).
14 Failure of any law enforcement department to develop or use
15 those forms shall in no way limit the applicability and
16 enforcement of subsections (d) and (f).
17 (f) If the defendant is admitted to bail after
18 conviction the conditions of the bail bond shall be that he
19 will, in addition to the conditions set forth in subsections
20 (a) and (b) hereof:
21 (1) Duly prosecute his appeal;
22 (2) Appear at such time and place as the court may
23 direct;
24 (3) Not depart this State without leave of the
25 court;
26 (4) Comply with such other reasonable conditions as
27 the court may impose; and,
28 (5) If the judgment is affirmed or the cause
29 reversed and remanded for a new trial, forthwith
30 surrender to the officer from whose custody he was
31 bailed.
32 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
33 91-312, eff. 1-1-00; revised 10-15-99.)
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1 ARTICLE 35
2 Section 35-5. The Criminal Code of 1961 is amended by
3 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
4 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
5 Sec. 8-4. Attempt.
6 (a) Elements of the Offense.
7 A person commits an attempt when, with intent to commit a
8 specific offense, he does any act which constitutes a
9 substantial step toward the commission of that offense.
10 (b) Impossibility.
11 It shall not be a defense to a charge of attempt that
12 because of a misapprehension of the circumstances it would
13 have been impossible for the accused to commit the offense
14 attempted.
15 (c) Sentence.
16 A person convicted of an attempt may be fined or
17 imprisoned or both not to exceed the maximum provided for the
18 offense attempted but, except for an attempt to commit the
19 offense defined in Section 33A-2 of this Act,
20 (1) the sentence for attempt to commit first degree
21 murder is the sentence for a Class X felony, except that
22 (A) an attempt to commit first degree murder
23 when at least one of the aggravating factors
24 specified in paragraphs (1), (2) and (12) of
25 subsection (b) of Section 9-1 is present is a Class
26 X felony for which the sentence shall be a term of
27 imprisonment of not less than 20 years and not more
28 than 80 years;
29 (B) an attempt to commit first degree murder
30 while armed with a firearm is a Class X felony for
31 which 15 years shall be added to the term of
32 imprisonment imposed by the court;
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1 (C) an attempt to commit first degree murder
2 during which the person personally discharged a
3 firearm is a Class X felony for which 20 years shall
4 be added to the term of imprisonment imposed by the
5 court;
6 (D) an attempt to commit first degree murder
7 during which the person personally discharged a
8 firearm that proximately caused great bodily harm,
9 permanent disability, permanent disfigurement, or
10 death to another person, is a Class X felony for
11 which 25 years or up to a term of natural life shall
12 be added to the term of imprisonment imposed by the
13 court.
14 (2) the sentence for attempt to commit a Class X
15 felony is the sentence for a Class 1 felony;
16 (3) the sentence for attempt to commit a Class 1
17 felony is the sentence for a Class 2 felony;
18 (4) the sentence for attempt to commit a Class 2
19 felony is the sentence for a Class 3 felony; and
20 (5) the sentence for attempt to commit any felony
21 other than those specified in Subsections (1), (2), (3)
22 and (4) hereof is the sentence for a Class A misdemeanor.
23 (Source: P.A. 91-404, eff. 1-1-00.)
24 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
25 Sec. 12-4.2. Aggravated Battery with a firearm.
26 (a) A person commits aggravated battery with a firearm
27 when he, in committing a battery, knowingly or intentionally
28 by means of the discharging of a firearm (1) causes any
29 injury to another person, or (2) causes any injury to a
30 person he knows to be a peace officer, a community policing
31 volunteer, a correctional institution employee or a fireman
32 while the officer, volunteer, employee or fireman is engaged
33 in the execution of any of his official duties, or to prevent
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1 the officer, volunteer, employee or fireman from performing
2 his official duties, or in retaliation for the officer,
3 volunteer, employee or fireman performing his official
4 duties, or (3) causes any injury to a person he knows to be
5 an emergency medical technician - ambulance, emergency
6 medical technician - intermediate, emergency medical
7 technician - paramedic, ambulance driver, or other medical
8 assistance or first aid personnel, employed by a municipality
9 or other governmental unit, while the emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first aid
13 personnel is engaged in the execution of any of his official
14 duties, or to prevent the emergency medical technician -
15 ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance driver,
17 or other medical assistance or first aid personnel from
18 performing his official duties, or in retaliation for the
19 emergency medical technician - ambulance, emergency medical
20 technician - intermediate, emergency medical technician -
21 paramedic, ambulance driver, or other medical assistance or
22 first aid personnel performing his official duties, or (4)
23 causes any injury to a person he or she knows to be a teacher
24 or other person employed in a school and the teacher or other
25 employee is upon grounds of a school or grounds adjacent to a
26 school, or is in any part of a building used for school
27 purposes.
28 (b) A violation of subsection (a) (1) of this Section is
29 a Class X felony. A violation of subsection (a) (2),
30 subsection (a) (3), or subsection (a)(4) of this Section is
31 a Class X felony for which the sentence shall be a term of
32 imprisonment of no less than 15 years and no more than 60
33 years.
34 (c) For purposes of this Section, "firearm" is defined
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1 as in "An Act relating to the acquisition, possession and
2 transfer of firearms and firearm ammunition, to provide a
3 penalty for the violation thereof and to make an
4 appropriation in connection therewith", approved August 1,
5 1967, as amended.
6 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
8 Sec. 24-1.2. Aggravated discharge of a firearm.
9 (a) A person commits aggravated discharge of a firearm
10 when he or she knowingly or intentionally:
11 (1) Discharges a firearm at or into a building he
12 or she knows or reasonably should know to be occupied and
13 the firearm is discharged from a place or position
14 outside that building;
15 (2) Discharges a firearm in the direction of
16 another person or in the direction of a vehicle he or she
17 knows or reasonably should know to be occupied by a
18 person;
19 (3) Discharges a firearm in the direction of a
20 person he or she knows to be a peace officer, a community
21 policing volunteer, a correctional institution employee,
22 or a fireman while the officer, volunteer, employee or
23 fireman is engaged in the execution of any of his or her
24 official duties, or to prevent the officer, volunteer,
25 employee or fireman from performing his or her official
26 duties, or in retaliation for the officer, volunteer,
27 employee or fireman performing his or her official
28 duties;
29 (4) Discharges a firearm in the direction of a
30 vehicle he or she knows to be occupied by a peace
31 officer, a person summoned or directed by a peace
32 officer, a correctional institution employee or a fireman
33 while the officer, employee or fireman is engaged in the
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1 execution of any of his or her official duties, or to
2 prevent the officer, employee or fireman from performing
3 his or her official duties, or in retaliation for the
4 officer, employee or fireman performing his or her
5 official duties;
6 (5) Discharges a firearm in the direction of a
7 person he or she knows to be an emergency medical
8 technician - ambulance, emergency medical technician -
9 intermediate, emergency medical technician - paramedic,
10 ambulance driver, or other medical assistance or first
11 aid personnel, employed by a municipality or other
12 governmental unit, while the emergency medical technician
13 - ambulance, emergency medical technician - intermediate,
14 emergency medical technician - paramedic, ambulance
15 driver, or other medical assistance or first aid
16 personnel is engaged in the execution of any of his or
17 her official duties, or to prevent the emergency medical
18 technician - ambulance, emergency medical technician -
19 intermediate, emergency medical technician - paramedic,
20 ambulance driver, or other medical assistance or first
21 aid personnel from performing his or her official duties,
22 or in retaliation for the emergency medical technician -
23 ambulance, emergency medical technician - intermediate,
24 emergency medical technician - paramedic, ambulance
25 driver, or other medical assistance or first aid
26 personnel performing his or her official duties; or
27 (6) Discharges a firearm in the direction of a
28 vehicle he or she knows to be occupied by an emergency
29 medical technician - ambulance, emergency medical
30 technician - intermediate, emergency medical technician -
31 paramedic, ambulance driver, or other medical assistance
32 or first aid personnel, employed by a municipality or
33 other governmental unit, while the emergency medical
34 technician - ambulance, emergency medical technician -
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1 intermediate, emergency medical technician - paramedic,
2 ambulance driver, or other medical assistance or first
3 aid personnel is engaged in the execution of any of his
4 or her official duties, or to prevent the emergency
5 medical technician - ambulance, emergency medical
6 technician - intermediate, emergency medical technician -
7 paramedic, ambulance driver, or other medical assistance
8 or first aid personnel from performing his or her
9 official duties, or in retaliation for the emergency
10 medical technician - ambulance, emergency medical
11 technician - intermediate, emergency medical technician -
12 paramedic, ambulance driver, or other medical assistance
13 or first aid personnel performing his or her official
14 duties; or
15 (7) Discharges a firearm in the direction of a
16 person he or she knows to be a teacher or other person
17 employed in any school and the teacher or other employee
18 is upon the grounds of a school or grounds adjacent to a
19 school, or is in any part of a building used for school
20 purposes.
21 (b) A violation of subsection (a)(1) or subsection
22 (a)(2) of this Section is a Class 1 felony. A violation of
23 subsection (a)(1) or (a)(2) of this Section committed in a
24 school, on the real property comprising a school, within
25 1,000 feet of the real property comprising a school, at a
26 school related activity or on or within 1,000 feet of any
27 conveyance owned, leased, or contracted by a school to
28 transport students to or from school or a school related
29 activity, regardless of the time of day or time of year that
30 the offense was committed is a Class X felony. A violation of
31 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
32 Section is a Class X felony for which the sentence shall be a
33 term of imprisonment of no less than 10 years and not more
34 than 45 years.
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1 (c) For purposes of this Section:
2 "School" means a public or private elementary or
3 secondary school, community college, college, or university.
4 "School related activity" means any sporting, social,
5 academic, or other activity for which students' attendance or
6 participation is sponsored, organized, or funded in whole or
7 in part by a school or school district.
8 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
9 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
10 Section 35-15. The Rights of Crime Victims and Witnesses
11 Act is amended by re-enacting Sections 4.5 and 6 as follows:
12 (725 ILCS 120/4.5)
13 Sec. 4.5. Procedures to implement the rights of crime
14 victims. To afford crime victims their rights, law
15 enforcement, prosecutors, judges and corrections will provide
16 information, as appropriate of the following procedures:
17 (a) At the request of the crime victim, law enforcement
18 authorities investigating the case shall provide notice of
19 the status of the investigation, except where the State's
20 Attorney determines that disclosure of such information would
21 unreasonably interfere with the investigation, until such
22 time as the alleged assailant is apprehended or the
23 investigation is closed.
24 (b) The office of the State's Attorney:
25 (1) shall provide notice of the filing of
26 information, the return of an indictment by which a
27 prosecution for any violent crime is commenced, or the
28 filing of a petition to adjudicate a minor as a
29 delinquent for a violent crime;
30 (2) shall provide notice of the date, time, and
31 place of trial;
32 (3) or victim advocate personnel shall provide
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1 information of social services and financial assistance
2 available for victims of crime, including information of
3 how to apply for these services and assistance;
4 (4) shall assist in having any stolen or other
5 personal property held by law enforcement authorities for
6 evidentiary or other purposes returned as expeditiously
7 as possible, pursuant to the procedures set out in
8 Section 115-9 of the Code of Criminal Procedure of 1963;
9 (5) or victim advocate personnel shall provide
10 appropriate employer intercession services to ensure that
11 employers of victims will cooperate with the criminal
12 justice system in order to minimize an employee's loss of
13 pay and other benefits resulting from court appearances;
14 (6) shall provide information whenever possible, of
15 a secure waiting area during court proceedings that does
16 not require victims to be in close proximity to defendant
17 or juveniles accused of a violent crime, and their
18 families and friends;
19 (7) shall provide notice to the crime victim of the
20 right to have a translator present at all court
21 proceedings;
22 (8) in the case of the death of a person, which
23 death occurred in the same transaction or occurrence in
24 which acts occurred for which a defendant is charged with
25 an offense, shall notify the spouse, parent, child or
26 sibling of the decedent of the date of the trial of the
27 person or persons allegedly responsible for the death;
28 (9) shall inform the victim of the right to have
29 present at all court proceedings, subject to the rules of
30 evidence, an advocate or other support person of the
31 victim's choice, and the right to retain an attorney, at
32 the victim's own expense, who, upon written notice filed
33 with the clerk of the court and State's Attorney, is to
34 receive copies of all notices, motions and court orders
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1 filed thereafter in the case, in the same manner as if
2 the victim were a named party in the case; and
3 (10) at the sentencing hearing shall make a good
4 faith attempt to explain the minimum amount of time
5 during which the defendant may actually be physically
6 imprisoned. The Office of the State's Attorney shall
7 further notify the crime victim of the right to request
8 from the Prisoner Review Board information concerning the
9 release of the defendant under subparagraph (d)(1) of
10 this Section; and
11 (11) shall request restitution at sentencing and
12 shall consider restitution in any plea negotiation, as
13 provided by law.
14 (c) At the written request of the crime victim, the
15 office of the State's Attorney shall:
16 (1) provide notice a reasonable time in advance of
17 the following court proceedings: preliminary hearing, any
18 hearing the effect of which may be the release of
19 defendant from custody, or to alter the conditions of
20 bond and the sentencing hearing. The crime victim shall
21 also be notified of the cancellation of the court
22 proceeding in sufficient time, wherever possible, to
23 prevent an unnecessary appearance in court;
24 (2) provide notice within a reasonable time after
25 receipt of notice from the custodian, of the release of
26 the defendant on bail or personal recognizance or the
27 release from detention of a minor who has been detained
28 for a violent crime;
29 (3) explain in nontechnical language the details of
30 any plea or verdict of a defendant, or any adjudication
31 of a juvenile as a delinquent for a violent crime;
32 (4) where practical, consult with the crime victim
33 before the Office of the State's Attorney makes an offer
34 of a plea bargain to the defendant or enters into
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1 negotiations with the defendant concerning a possible
2 plea agreement, and shall consider the written victim
3 impact statement, if prepared prior to entering into a
4 plea agreement;
5 (5) provide notice of the ultimate disposition of
6 the cases arising from an indictment or an information,
7 or a petition to have a juvenile adjudicated as a
8 delinquent for a violent crime;
9 (6) provide notice of any appeal taken by the
10 defendant and information on how to contact the
11 appropriate agency handling the appeal;
12 (7) provide notice of any request for
13 post-conviction review filed by the defendant under
14 Article 122 of the Code of Criminal Procedure of 1963,
15 and of the date, time and place of any hearing concerning
16 the petition. Whenever possible, notice of the hearing
17 shall be given in advance;
18 (8) forward a copy of any statement presented under
19 Section 6 to the Prisoner Review Board to be considered
20 by the Board in making its determination under subsection
21 (b) of Section 3-3-8 of the Unified Code of Corrections.
22 (d) (1) The Prisoner Review Board shall inform a victim
23 or any other concerned citizen, upon written request, of
24 the prisoner's release on parole, mandatory supervised
25 release, electronic detention, work release or by the
26 custodian of the discharge of any individual who was
27 adjudicated a delinquent for a violent crime from State
28 custody and by the sheriff of the appropriate county of
29 any such person's final discharge from county custody.
30 The Prisoner Review Board, upon written request, shall
31 provide to a victim or any other concerned citizen a
32 recent photograph of any person convicted of a felony,
33 upon his or her release from custody. The Prisoner Review
34 Board, upon written request, shall inform a victim or any
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1 other concerned citizen when feasible at least 7 days
2 prior to the prisoner's release on furlough of the times
3 and dates of such furlough. Upon written request by the
4 victim or any other concerned citizen, the State's
5 Attorney shall notify the person once of the times and
6 dates of release of a prisoner sentenced to periodic
7 imprisonment. Notification shall be based on the most
8 recent information as to victim's or other concerned
9 citizen's residence or other location available to the
10 notifying authority. For purposes of this paragraph (1)
11 of subsection (d), "concerned citizen" includes relatives
12 of the victim, friends of the victim, witnesses to the
13 crime, or any other person associated with the victim or
14 prisoner.
15 (2) When the defendant has been committed to the
16 Department of Human Services pursuant to Section 5-2-4 or
17 any other provision of the Unified Code of Corrections,
18 the victim may request to be notified by the releasing
19 authority of the defendant's discharge from State
20 custody.
21 (3) In the event of an escape from State custody,
22 the Department of Corrections immediately shall notify
23 the Prisoner Review Board of the escape and the Prisoner
24 Review Board shall notify the victim. The notification
25 shall be based upon the most recent information as to the
26 victim's residence or other location available to the
27 Board. When no such information is available, the Board
28 shall make all reasonable efforts to obtain the
29 information and make the notification. When the escapee
30 is apprehended, the Department of Corrections immediately
31 shall notify the Prisoner Review Board and the Board
32 shall notify the victim.
33 (4) The victim of the crime for which the prisoner
34 has been sentenced shall receive reasonable written
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1 notice not less than 15 days prior to the parole hearing
2 and may submit, in writing, on film, videotape or other
3 electronic means or in the form of a recording or in
4 person at the parole hearing, information for
5 consideration by the Prisoner Review Board. The victim
6 shall be notified within 7 days after the prisoner has
7 been granted parole and shall be informed of the right to
8 inspect the registry of parole decisions, established
9 under subsection (g) of Section 3-3-5 of the Unified Code
10 of Corrections. The provisions of this paragraph (4) are
11 subject to the Open Parole Hearings Act.
12 (5) If a statement is presented under Section 6,
13 the Prisoner Review Board shall inform the victim of any
14 order of discharge entered by the Board pursuant to
15 Section 3-3-8 of the Unified Code of Corrections.
16 (6) At the written request of the victim of the
17 crime for which the prisoner was sentenced, the Prisoner
18 Review Board shall notify the victim of the death of the
19 prisoner if the prisoner died while on parole or
20 mandatory supervised release.
21 (7) When a defendant who has been committed to the
22 Department of Corrections or the Department of Human
23 Services is released or discharged and subsequently
24 committed to the Department of Human Services as a
25 sexually violent person and the victim had requested to
26 be notified by the releasing authority of the defendant's
27 discharge from State custody, the releasing authority
28 shall provide to the Department of Human Services such
29 information that would allow the Department of Human
30 Services to contact the victim.
31 (e) The officials named in this Section may satisfy some
32 or all of their obligations to provide notices and other
33 information through participation in a statewide victim and
34 witness notification system established by the Attorney
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1 General under Section 8.5 of this Act.
2 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
3 91-237, 1-1-00.)
4 (725 ILCS 120/6) (from Ch. 38, par. 1406)
5 Sec. 6. Rights to present victim impact statement.
6 (a) In any case where a defendant has been convicted of
7 a violent crime or a juvenile has been adjudicated a
8 delinquent for a violent crime except those in which both
9 parties have agreed to the imposition of a specific sentence,
10 and a victim of the violent crime is present in the courtroom
11 at the time of the sentencing or the disposition hearing, the
12 victim upon his or her request shall have the right to
13 address the court regarding the impact which the defendant's
14 criminal conduct or the juvenile's delinquent conduct has had
15 upon the victim. If the victim chooses to exercise this
16 right, the impact statement must have been prepared in
17 writing in conjunction with the Office of the State's
18 Attorney prior to the initial hearing or sentencing, before
19 it can be presented orally or in writing at the sentencing
20 hearing. In conjunction with the Office of the State's
21 Attorney, a victim impact statement that is presented orally
22 may be done so by the victim or his or her representative.
23 The court shall consider any statements made by the victim,
24 along with all other appropriate factors in determining the
25 sentence of the defendant or disposition of such juvenile.
26 (b) The crime victim has the right to prepare a victim
27 impact statement and present it to the Office of the State's
28 Attorney at any time during the proceedings.
29 (c) This Section shall apply to any victims of a violent
30 crime during any dispositional hearing under Section 5-705 of
31 the Juvenile Court Act of 1987 which takes place pursuant to
32 an adjudication of delinquency for any such offense.
33 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
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1 Section 35-20. The Unified Code of Corrections is
2 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
3 3-14-4 as follows:
4 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
5 Sec. 3-6-4. Enforcement of Discipline - Escape.
6 (a) A committed person who escapes or attempts to escape
7 from an institution or facility of the Adult Division, or
8 escapes or attempts to escape while in the custody of an
9 employee of the Adult Division, or holds or participates in
10 the holding of any person as a hostage by force, threat or
11 violence, or while participating in any disturbance,
12 demonstration or riot, causes, directs or participates in the
13 destruction of any property is guilty of a Class 2 felony. A
14 committed person who fails to return from furlough or from
15 work and day release is guilty of a Class 3 felony.
16 (b) If one or more committed persons injures or attempts
17 to injure in a violent manner any employee, officer, guard,
18 other peace officer or any other committed person or damages
19 or attempts to damage any building or workshop, or any
20 appurtenances thereof, or attempts to escape, or disobeys or
21 resists any lawful command, the employees, officers, guards
22 and other peace officers shall use all suitable means to
23 defend themselves, to enforce the observance of discipline,
24 to secure the persons of the offenders, and prevent such
25 attempted violence or escape; and said employees, officers,
26 guards, or other peace officers, or any of them, shall, in
27 the attempt to prevent the escape of any such person, or in
28 attempting to retake any such person who has escaped, or in
29 attempting to prevent or suppress violence by a committed
30 person against another person, a riot, revolt, mutiny or
31 insurrection, be justified in the use of force, including
32 force likely to cause death or great bodily harm under
33 Section 7-8 of the Criminal Code of 1961 which he reasonably
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1 believed necessary.
2 As used in this Section, "committed person" includes a
3 person held in detention in a secure facility or committed as
4 a sexually violent person and held in a secure facility under
5 the Sexually Violent Persons Commitment Act; and "peace
6 officer" means any officer or member of any duly organized
7 State, county or municipal police unit or police force.
8 (c) The Department shall establish procedures to provide
9 immediate notification of the escape of any person, as
10 defined in subsection (a) of this Section, to the persons
11 specified in subsection (c) of Section 3-14-1 of this Code.
12 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
13 (730 ILCS 5/3-10-13)
14 Sec. 3-10-13. Notifications of Release or Escape.
15 (a) The Department shall establish procedures to provide
16 written notification of the release of any person from the
17 Juvenile Division to the persons and agencies specified in
18 subsection (c) of Section 3-14-1 of this Code.
19 (b) The Department shall establish procedures to provide
20 immediate notification of the escape of any person from the
21 Juvenile Division to the persons and agencies specified in
22 subsection (c) of Section 3-14-1 of this Code.
23 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
24 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
25 Sec. 3-14-1. Release from the Institution.
26 (a) Upon release of a person on parole, mandatory
27 release, final discharge or pardon the Department shall
28 return all property held for him, provide him with suitable
29 clothing and procure necessary transportation for him to his
30 designated place of residence and employment. It may provide
31 such person with a grant of money for travel and expenses
32 which may be paid in installments. The amount of the money
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1 grant shall be determined by the Department.
2 The Department of Corrections may establish and maintain,
3 in any institution it administers, revolving funds to be
4 known as "Travel and Allowances Revolving Funds". These
5 revolving funds shall be used for advancing travel and
6 expense allowances to committed, paroled, and discharged
7 prisoners. The moneys paid into such revolving funds shall
8 be from appropriations to the Department for Committed,
9 Paroled, and Discharged Prisoners.
10 (b) (Blank).
11 (c) Except as otherwise provided in this Code, the
12 Department shall establish procedures to provide written
13 notification of any release of any person who has been
14 convicted of a felony to the State's Attorney and sheriff of
15 the county from which the offender was committed, and the
16 State's Attorney and sheriff of the county into which the
17 offender is to be paroled or released. Except as otherwise
18 provided in this Code, the Department shall establish
19 procedures to provide written notification to the proper law
20 enforcement agency for any municipality of any release of any
21 person who has been convicted of a felony if the arrest of
22 the offender or the commission of the offense took place in
23 the municipality, if the offender is to be paroled or
24 released into the municipality, or if the offender resided in
25 the municipality at the time of the commission of the
26 offense. If a person convicted of a felony who is in the
27 custody of the Department of Corrections or on parole or
28 mandatory supervised release informs the Department that he
29 or she has resided, resides, or will reside at an address
30 that is a housing facility owned, managed, operated, or
31 leased by a public housing agency, the Department must send
32 written notification of that information to the public
33 housing agency that owns, manages, operates, or leases the
34 housing facility. The written notification shall, when
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1 possible, be given at least 14 days before release of the
2 person from custody, or as soon thereafter as possible.
3 (c-1) (Blank).
4 (d) Upon the release of a committed person on parole,
5 mandatory supervised release, final discharge or pardon, the
6 Department shall provide such person with information
7 concerning programs and services of the Illinois Department
8 of Public Health to ascertain whether such person has been
9 exposed to the human immunodeficiency virus (HIV) or any
10 identified causative agent of Acquired Immunodeficiency
11 Syndrome (AIDS).
12 (Source: P.A. 91-506, eff. 8-13-99.)
13 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
14 Sec. 3-14-4. Half-way Houses.
15 (a) The Department may establish and maintain half-way
16 houses for the residence of persons on parole or mandatory
17 release. Such half-way houses shall be maintained apart from
18 security institutions, except that the Director of
19 Corrections is authorized to designate that any work or day
20 release facility, or any portion thereof, may be used as a
21 half-way house for the residence of persons on parole or
22 mandatory supervised release.
23 (b) For those persons to be placed in a half-way house
24 directly upon release from an institution on parole or
25 mandatory supervised release status, not less than 15 days
26 prior to the placement of such a person in such a half-way
27 house, the Department of Corrections shall give written
28 notice to the State's Attorney and the Sheriff of the county
29 and the proper law enforcement agency of the municipality in
30 which the half-way house is located of the identity of the
31 person to be placed in that program. Such identifying
32 information shall include, but not be limited to, the name of
33 the individual, age, physical description, photograph, the
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1 crime for which the person was originally sentenced to the
2 Department of Corrections, and like information. The notice
3 shall be given in all cases, except when placement of an
4 emergency nature is necessary. In such emergency cases, oral
5 notice shall be given to the appropriate parties within 24
6 hours with written notice to follow within 5 days.
7 (c) Persons on parole or mandatory supervised release
8 status who have been previously released to the community,
9 but who are not currently residing in a half-way house, may
10 be placed in a half-way house upon the oral notification of
11 the parties within 24 hours as indicated in subsection (b) of
12 this Section. Such oral notification shall be followed with
13 written notification within 5 days.
14 (Source: P.A. 88-680, eff. 1-1-95.)
15 ARTICLE 40
16 Section 40-10. The Criminal Code of 1961 is amended by
17 re-enacting Section 12-6.1 as follows:
18 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
19 Sec. 12-6.1. Compelling organization membership of
20 persons. A person who expressly or impliedly threatens to do
21 bodily harm or does bodily harm to an individual or to that
22 individual's family or uses any other criminally unlawful
23 means to solicit or cause any person to join, or deter any
24 person from leaving, any organization or association
25 regardless of the nature of such organization or association,
26 is guilty of a Class 2 felony.
27 Any person of the age of 18 years or older who expressly
28 or impliedly threatens to do bodily harm or does bodily harm
29 to a person under 18 years of age or uses any other
30 criminally unlawful means to solicit or cause any person
31 under 18 years of age to join, or deter any person under 18
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1 years of age from leaving, any organization or association
2 regardless of the nature of such organization or association
3 is guilty of a Class 1 felony.
4 A person convicted of an offense under this Section shall
5 not be eligible to receive a sentence of probation,
6 conditional discharge, or periodic imprisonment.
7 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
8 eff. 1-1-96; 89-626, eff. 8-9-96.)
9 ARTICLE 50
10 Section 50-3. The Firearm Owners Identification Card Act
11 is amended by re-enacting Sections 2, 4, 8, and 14 as
12 follows:
13 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
14 Sec. 2. Firearm Owner's Identification Card required;
15 exceptions.
16 (a) (1) No person may acquire or possess any firearm
17 within this State without having in his or her possession a
18 Firearm Owner's Identification Card previously issued in his
19 or her name by the Department of State Police under the
20 provisions of this Act.
21 (2) No person may acquire or possess firearm ammunition
22 within this State without having in his or her possession a
23 Firearm Owner's Identification Card previously issued in his
24 or her name by the Department of State Police under the
25 provisions of this Act.
26 (b) The provisions of this Section regarding the
27 possession of firearms and firearm ammunition do not apply
28 to:
29 (1) United States Marshals, while engaged in the
30 operation of their official duties;
31 (2) Members of the Armed Forces of the United
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1 States or the National Guard, while engaged in the
2 operation of their official duties;
3 (3) Federal officials required to carry firearms,
4 while engaged in the operation of their official duties;
5 (4) Members of bona fide veterans organizations
6 which receive firearms directly from the armed forces of
7 the United States, while using the firearms for
8 ceremonial purposes with blank ammunition;
9 (5) Nonresident hunters during hunting season, with
10 valid nonresident hunting licenses and while in an area
11 where hunting is permitted; however, at all other times
12 and in all other places these persons must have their
13 firearms unloaded and enclosed in a case;
14 (6) Those hunters exempt from obtaining a hunting
15 license who are required to submit their Firearm Owner's
16 Identification Card when hunting on Department of Natural
17 Resources owned or managed sites;
18 (7) Nonresidents while on a firing or shooting
19 range recognized by the Department of State Police;
20 however, these persons must at all other times and in all
21 other places have their firearms unloaded and enclosed in
22 a case;
23 (8) Nonresidents while at a firearm showing or
24 display recognized by the Department of State Police;
25 however, at all other times and in all other places these
26 persons must have their firearms unloaded and enclosed in
27 a case;
28 (9) Nonresidents whose firearms are unloaded and
29 enclosed in a case;
30 (10) Nonresidents who are currently licensed or
31 registered to possess a firearm in their resident state;
32 (11) Unemancipated minors while in the custody and
33 immediate control of their parent or legal guardian or
34 other person in loco parentis to the minor if the parent
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1 or legal guardian or other person in loco parentis to the
2 minor has a currently valid Firearm Owner's
3 Identification Card;
4 (12) Color guards of bona fide veterans
5 organizations or members of bona fide American Legion
6 bands while using firearms for ceremonial purposes with
7 blank ammunition;
8 (13) Nonresident hunters whose state of residence
9 does not require them to be licensed or registered to
10 possess a firearm and only during hunting season, with
11 valid hunting licenses, while accompanied by, and using a
12 firearm owned by, a person who possesses a valid Firearm
13 Owner's Identification Card and while in an area within a
14 commercial club licensed under the Wildlife Code where
15 hunting is permitted and controlled, but in no instance
16 upon sites owned or managed by the Department of Natural
17 Resources; and
18 (14) Resident hunters who are properly authorized
19 to hunt and, while accompanied by a person who possesses
20 a valid Firearm Owner's Identification Card, hunt in an
21 area within a commercial club licensed under the Wildlife
22 Code where hunting is permitted and controlled.
23 (c) The provisions of this Section regarding the
24 acquisition and possession of firearms and firearm ammunition
25 do not apply to law enforcement officials of this or any
26 other jurisdiction, while engaged in the operation of their
27 official duties.
28 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
29 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
30 Sec. 4. (a) Each applicant for a Firearm Owner's
31 Identification Card must:
32 (1) Make application on blank forms prepared and
33 furnished at convenient locations throughout the State by
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1 the Department of State Police; and
2 (2) Submit evidence under penalty of perjury to the
3 Department of State Police that:
4 (i) He or she is 21 years of age or over, or
5 if he or she is under 21 years of age that he or she
6 has the written consent of his or her parent or
7 legal guardian to possess and acquire firearms and
8 firearm ammunition and that he or she has never been
9 convicted of a misdemeanor other than a traffic
10 offense or adjudged delinquent, provided, however,
11 that such parent or legal guardian is not an
12 individual prohibited from having a Firearm Owner's
13 Identification Card and files an affidavit with the
14 Department as prescribed by the Department stating
15 that he or she is not an individual prohibited from
16 having a Card;
17 (ii) He or she has not been convicted of a
18 felony under the laws of this or any other
19 jurisdiction;
20 (iii) He or she is not addicted to narcotics;
21 (iv) He or she has not been a patient in a
22 mental institution within the past 5 years;
23 (v) He or she is not mentally retarded;
24 (vi) He or she is not an alien who is
25 unlawfully present in the United States under the
26 laws of the United States;
27 (vii) He or she is not subject to an existing
28 order of protection prohibiting him or her from
29 possessing a firearm;
30 (viii) He or she has not been convicted within
31 the past 5 years of battery, assault, aggravated
32 assault, violation of an order of protection, or a
33 substantially similar offense in another
34 jurisdiction, in which a firearm was used or
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1 possessed;
2 (ix) He or she has not been convicted of
3 domestic battery or a substantially similar offense
4 in another jurisdiction committed on or after the
5 effective date of this amendatory Act of 1997; and
6 (x) He or she has not been convicted within
7 the past 5 years of domestic battery or a
8 substantially similar offense in another
9 jurisdiction committed before the effective date of
10 this amendatory Act of 1997; and
11 (3) Upon request by the Department of State Police,
12 sign a release on a form prescribed by the Department of
13 State Police waiving any right to confidentiality and
14 requesting the disclosure to the Department of State
15 Police of limited mental health institution admission
16 information from another state, the District of Columbia,
17 any other territory of the United States, or a foreign
18 nation concerning the applicant for the sole purpose of
19 determining whether the applicant is or was a patient in
20 a mental health institution and disqualified because of
21 that status from receiving a Firearm Owner's
22 Identification Card. No mental health care or treatment
23 records may be requested. The information received shall
24 be destroyed within one year of receipt.
25 (b) Each application form shall include the following
26 statement printed in bold type: "Warning: False statements
27 of the applicant shall result in prosecution for perjury in
28 accordance with Section 32-2 of the Criminal Code of 1961.".
29 (c) Upon such written consent, pursuant to Section 4,
30 paragraph (a) (2) (i), the parent or legal guardian giving
31 the consent shall be liable for any damages resulting from
32 the applicant's use of firearms or firearm ammunition.
33 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
2 Sec. 8. The Department of State Police has authority to
3 deny an application for or to revoke and seize a Firearm
4 Owner's Identification Card previously issued under this Act
5 only if the Department finds that the applicant or the person
6 to whom such card was issued is or was at the time of
7 issuance:
8 (a) A person under 21 years of age who has been
9 convicted of a misdemeanor other than a traffic offense or
10 adjudged delinquent;
11 (b) A person under 21 years of age who does not have the
12 written consent of his parent or guardian to acquire and
13 possess firearms and firearm ammunition, or whose parent or
14 guardian has revoked such written consent, or where such
15 parent or guardian does not qualify to have a Firearm Owner's
16 Identification Card;
17 (c) A person convicted of a felony under the laws of
18 this or any other jurisdiction;
19 (d) A person addicted to narcotics;
20 (e) A person who has been a patient of a mental
21 institution within the past 5 years;
22 (f) A person whose mental condition is of such a nature
23 that it poses a clear and present danger to the applicant,
24 any other person or persons or the community;
25 For the purposes of this Section, "mental condition"
26 means a state of mind manifested by violent, suicidal,
27 threatening or assaultive behavior.
28 (g) A person who is mentally retarded;
29 (h) A person who intentionally makes a false statement
30 in the Firearm Owner's Identification Card application;
31 (i) An alien who is unlawfully present in the United
32 States under the laws of the United States;
33 (j) A person who is subject to an existing order of
34 protection prohibiting him or her from possessing a firearm;
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1 (k) A person who has been convicted within the past 5
2 years of battery, assault, aggravated assault, violation of
3 an order of protection, or a substantially similar offense in
4 another jurisdiction, in which a firearm was used or
5 possessed;
6 (l) A person who has been convicted of domestic battery
7 or a substantially similar offense in another jurisdiction
8 committed on or after January 1, 1998;
9 (m) A person who has been convicted within the past 5
10 years of domestic battery or a substantially similar offense
11 in another jurisdiction committed before January 1, 1998; or
12 (n) A person who is prohibited from acquiring or
13 possessing firearms or firearm ammunition by any Illinois
14 State statute or by federal law.
15 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
16 90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
17 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
18 Sec. 14. Sentence.
19 (a) A violation of paragraph (1) of subsection (a) of
20 Section 2, when the person's Firearm Owner's Identification
21 Card is expired but the person is not otherwise disqualified
22 from renewing the card, is a Class A misdemeanor.
23 (b) Except as provided in subsection (a) with respect to
24 an expired card, a violation of paragraph (1) of subsection
25 (a) of Section 2 is a Class A misdemeanor when the person
26 does not possess a currently valid Firearm Owner's
27 Identification Card, but is otherwise eligible under this
28 Act. A second or subsequent violation is a Class 4 felony.
29 (c) A violation of paragraph (1) of subsection (a) of
30 Section 2 is a Class 3 felony when:
31 (1) the person's Firearm Owner's Identification
32 Card is revoked or subject to revocation under Section 8;
33 or
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1 (2) the person's Firearm Owner's Identification
2 Card is expired and not otherwise eligible for renewal
3 under this Act; or
4 (3) the person does not possess a currently valid
5 Firearm Owner's Identification Card, and the person is
6 not otherwise eligible under this Act.
7 (d) A violation of subsection (a) of Section 3 is a
8 Class 4 felony.
9 (e) Any other violation of this Act is a Class A
10 misdemeanor.
11 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
12 Section 50-5. The Criminal Code of 1961 is amended by
13 re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
14 11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 and by
15 re-enacting and amending Section 24-1 as follows:
16 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
17 Sec. 11-14. Prostitution.
18 (a) Any person who performs, offers or agrees to perform
19 any act of sexual penetration as defined in Section 12-12 of
20 this Code for any money, property, token, object, or article
21 or anything of value, or any touching or fondling of the sex
22 organs of one person by another person, for any money,
23 property, token, object, or article or anything of value, for
24 the purpose of sexual arousal or gratification commits an act
25 of prostitution.
26 (b) Sentence.
27 Prostitution is a Class A misdemeanor. A person convicted
28 of a second or subsequent violation of this Section, or of
29 any combination of such number of convictions under this
30 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
31 of this Code is guilty of a Class 4 felony. When a person has
32 one or more prior convictions, the information or indictment
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1 charging that person shall state such prior conviction so as
2 to give notice of the State's intention to treat the charge
3 as a felony. The fact of such prior conviction is not an
4 element of the offense and may not be disclosed to the jury
5 during trial unless otherwise permitted by issues properly
6 raised during such trial.
7 (c) A person who violates this Section within 1,000 feet
8 of real property comprising a school commits a Class 4
9 felony.
10 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
11 revised 10-20-99.)
12 (720 ILCS 5/11-14.1)
13 Sec. 11-14.1. Solicitation of a sexual act.
14 (a) Any person who offers a person not his or her spouse
15 any money, property, token, object, or article or anything of
16 value to perform any act of sexual penetration as defined in
17 Section 12-12 of this Code, or any touching or fondling of
18 the sex organs of one person by another person for the
19 purpose of sexual arousal or gratification, commits the
20 offense of solicitation of a sexual act.
21 (b) Sentence. Solicitation of a sexual act is a Class B
22 misdemeanor.
23 (Source: P.A. 88-325; 88-680, eff. 1-1-95.)
24 (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
25 Sec. 11-16. Pandering.
26 (a) Any person who performs any of the following acts
27 for any money, property, token, object, or article or
28 anything of value commits pandering:
29 (1) Compels a person to become a prostitute; or
30 (2) Arranges or offers to arrange a situation in
31 which a person may practice prostitution.
32 (b) Sentence.
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1 Pandering by compulsion is a Class 4 felony. Pandering
2 other than by compulsion is a Class 4 felony.
3 (c) A person who violates this Section within 1,000 feet
4 of real property comprising a school commits a Class 3
5 felony.
6 (Source: P.A. 91-274, eff. 1-1-00.)
7 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
8 Sec. 11-19. Pimping.
9 (a) Any person who receives any money, property, token,
10 object, or article or anything of value from a prostitute,
11 not for a lawful consideration, knowing it was earned in
12 whole or in part from the practice of prostitution, commits
13 pimping.
14 (b) Sentence.
15 Pimping is a Class A misdemeanor. A person convicted of a
16 second or subsequent violation of this Section, or of any
17 combination of such number of convictions under this Section
18 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
19 Code is guilty of a Class 4 felony. When a person has one or
20 more prior convictions, the information or indictment
21 charging that person shall state such prior conviction so as
22 to give notice of the State's intention to treat the charge
23 as a felony. The fact of such conviction is not an element
24 of the offense and may not be disclosed to the jury during
25 trial unless otherwise permitted by issues properly raised
26 during such trial.
27 (c) A person who violates this Section within 1,000 feet
28 of real property comprising a school commits a Class 4
29 felony.
30 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
31 revised 10-20-99.)
32 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
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1 Sec. 11-19.1. Juvenile Pimping.
2 (a) Any person who receives any money, property, token,
3 object, or article or anything of value from a prostitute
4 under 16 years of age or from a prostitute who is an
5 institutionalized severely or profoundly mentally retarded
6 person, not for a lawful consideration, knowing it was earned
7 in whole or in part from the practice of prostitution,
8 commits juvenile pimping.
9 (b) It is an affirmative defense to a charge of juvenile
10 pimping that the accused reasonably believed the person was
11 of the age of 16 years or over or was not an
12 institutionalized severely or profoundly mentally retarded
13 person at the time of the act giving rise to the charge.
14 (c) Sentence.
15 Juvenile pimping is a Class 1 felony.
16 (Source: P.A. 88-680, eff. 1-1-95.)
17 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
18 Sec. 11-19.2. Exploitation of a child.
19 (A) A person commits exploitation of a child when he or
20 she confines a child under the age of 16 or an
21 institutionalized severely or profoundly mentally retarded
22 person against his or her will by the infliction or threat of
23 imminent infliction of great bodily harm, permanent
24 disability or disfigurement or by administering to the child
25 or an institutionalized severely or profoundly mentally
26 retarded person without his or her consent or by threat or
27 deception and for other than medical purposes, any alcoholic
28 intoxicant or a drug as defined in the Illinois Controlled
29 Substances Act or the Cannabis Control Act and:
30 (1) compels the child or an institutionalized
31 severely or profoundly mentally retarded person to become
32 a prostitute; or
33 (2) arranges a situation in which the child or an
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1 institutionalized severely or profoundly mentally
2 retarded person may practice prostitution; or
3 (3) receives any money, property, token, object, or
4 article or anything of value from the child or an
5 institutionalized severely or profoundly mentally
6 retarded person knowing it was obtained in whole or in
7 part from the practice of prostitution.
8 (B) For purposes of this Section, administering drugs,
9 as defined in subsection (A), or an alcoholic intoxicant to a
10 child under the age of 13 or an institutionalized severely or
11 profoundly mentally retarded person shall be deemed to be
12 without consent if such administering is done without the
13 consent of the parents or legal guardian.
14 (C) Exploitation of a child is a Class X felony.
15 (D) Any person convicted under this Section is subject
16 to the forfeiture provisions of Section 11-20.1A of this Act.
17 (Source: P.A. 91-357, eff. 7-29-99.)
18 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
19 Sec. 24-1. Unlawful Use of Weapons.
20 (a) A person commits the offense of unlawful use of
21 weapons when he knowingly:
22 (1) Sells, manufactures, purchases, possesses or
23 carries any bludgeon, black-jack, slung-shot, sand-club,
24 sand-bag, metal knuckles, throwing star, or any knife,
25 commonly referred to as a switchblade knife, which has a
26 blade that opens automatically by hand pressure applied
27 to a button, spring or other device in the handle of the
28 knife, or a ballistic knife, which is a device that
29 propels a knifelike blade as a projectile by means of a
30 coil spring, elastic material or compressed gas; or
31 (2) Carries or possesses with intent to use the
32 same unlawfully against another, a dagger, dirk, billy,
33 dangerous knife, razor, stiletto, broken bottle or other
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1 piece of glass, stun gun or taser or any other dangerous
2 or deadly weapon or instrument of like character; or
3 (3) Carries on or about his person or in any
4 vehicle, a tear gas gun projector or bomb or any object
5 containing noxious liquid gas or substance, other than an
6 object containing a non-lethal noxious liquid gas or
7 substance designed solely for personal defense carried by
8 a person 18 years of age or older; or
9 (4) Carries or possesses in any vehicle or
10 concealed on or about his person except when on his land
11 or in his own abode or fixed place of business any
12 pistol, revolver, stun gun or taser or other firearm; or
13 (5) Sets a spring gun; or
14 (6) Possesses any device or attachment of any kind
15 designed, used or intended for use in silencing the
16 report of any firearm; or
17 (7) Sells, manufactures, purchases, possesses or
18 carries:
19 (i) a machine gun, which shall be defined for
20 the purposes of this subsection as any weapon, which
21 shoots, is designed to shoot, or can be readily
22 restored to shoot, automatically more than one shot
23 without manually reloading by a single function of
24 the trigger, including the frame or receiver of any
25 such weapon, or sells, manufactures, purchases,
26 possesses, or carries any combination of parts
27 designed or intended for use in converting any
28 weapon into a machine gun, or any combination or
29 parts from which a machine gun can be assembled if
30 such parts are in the possession or under the
31 control of a person;
32 (ii) any rifle having one or more barrels less
33 than 16 inches in length or a shotgun having one or
34 more barrels less than 18 inches in length or any
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1 weapon made from a rifle or shotgun, whether by
2 alteration, modification, or otherwise, if such a
3 weapon as modified has an overall length of less
4 than 26 inches; or
5 (iii) any bomb, bomb-shell, grenade, bottle or
6 other container containing an explosive substance of
7 over one-quarter ounce for like purposes, such as,
8 but not limited to, black powder bombs and Molotov
9 cocktails or artillery projectiles; or
10 (8) Carries or possesses any firearm, stun gun or
11 taser or other deadly weapon in any place which is
12 licensed to sell intoxicating beverages, or at any public
13 gathering held pursuant to a license issued by any
14 governmental body or any public gathering at which an
15 admission is charged, excluding a place where a showing,
16 demonstration or lecture involving the exhibition of
17 unloaded firearms is conducted; or
18 (9) Carries or possesses in a vehicle or on or
19 about his person any pistol, revolver, stun gun or taser
20 or firearm or ballistic knife, when he is hooded, robed
21 or masked in such manner as to conceal his identity; or
22 (10) Carries or possesses on or about his person,
23 upon any public street, alley, or other public lands
24 within the corporate limits of a city, village or
25 incorporated town, except when an invitee thereon or
26 therein, for the purpose of the display of such weapon or
27 the lawful commerce in weapons, or except when on his
28 land or in his own abode or fixed place of business, any
29 pistol, revolver, stun gun or taser or other firearm.
30 A "stun gun or taser", as used in this paragraph (a)
31 means (i) any device which is powered by electrical
32 charging units, such as, batteries, and which fires one
33 or several barbs attached to a length of wire and which,
34 upon hitting a human, can send out a current capable of
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1 disrupting the person's nervous system in such a manner
2 as to render him incapable of normal functioning or (ii)
3 any device which is powered by electrical charging units,
4 such as batteries, and which, upon contact with a human
5 or clothing worn by a human, can send out current capable
6 of disrupting the person's nervous system in such a
7 manner as to render him incapable of normal functioning;
8 or
9 (11) Sells, manufactures or purchases any explosive
10 bullet. For purposes of this paragraph (a) "explosive
11 bullet" means the projectile portion of an ammunition
12 cartridge which contains or carries an explosive charge
13 which will explode upon contact with the flesh of a human
14 or an animal. "Cartridge" means a tubular metal case
15 having a projectile affixed at the front thereof and a
16 cap or primer at the rear end thereof, with the
17 propellant contained in such tube between the projectile
18 and the cap; or
19 (12) (Blank).
20 (b) Sentence. A person convicted of a violation of
21 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
22 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
23 Class A misdemeanor. A person convicted of a violation of
24 subsection 24-1(a)(4) or subsection 24-1(a)(10) commits a
25 Class A misdemeanor if the person is the holder of a valid
26 Firearm Owner's Identification Card at the time the offense
27 is committed. A person convicted of a violation of
28 subsection 24-1(a)(4) or subsection 24-1(a)(10) commits a
29 Class 4 felony if the person is not the holder of a valid
30 Firearm Owner's Identification Card at the time the offense
31 is committed. A person convicted of a violation of
32 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
33 Class 4 felony; a person convicted of a violation of
34 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
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1 Class 3 felony. A person convicted of a violation of
2 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
3 weapon is possessed in the passenger compartment of a motor
4 vehicle as defined in Section 1-146 of the Illinois Vehicle
5 Code, or on the person, while the weapon is loaded, in which
6 case it shall be a Class X felony. A person convicted of a
7 second or subsequent violation of subsection 24-1(a)(4),
8 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
9 (c) Violations in specific places.
10 (1) A person who violates subsection 24-1(a)(6) or
11 24-1(a)(7) in any school, regardless of the time of day
12 or the time of year, in residential property owned,
13 operated and managed by a public housing agency, in a
14 public park, in a courthouse, on the real property
15 comprising any school, regardless of the time of day or
16 the time of year, on residential property owned,
17 operated and managed by a public housing agency, on the
18 real property comprising any public park, on the real
19 property comprising any courthouse, in any conveyance
20 owned, leased or contracted by a school to transport
21 students to or from school or a school related activity,
22 or on any public way within 1,000 feet of the real
23 property comprising any school, public park, courthouse,
24 or residential property owned, operated, and managed by a
25 public housing agency commits a Class 2 felony.
26 (1.5) A person who violates subsection 24-1(a)(4),
27 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
28 the time of day or the time of year, in residential
29 property owned, operated, and managed by a public housing
30 agency, in a public park, in a courthouse, on the real
31 property comprising any school, regardless of the time of
32 day or the time of year, on residential property owned,
33 operated, and managed by a public housing agency, on the
34 real property comprising any public park, on the real
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1 property comprising any courthouse, in any conveyance
2 owned, leased, or contracted by a school to transport
3 students to or from school or a school related activity,
4 or on any public way within 1,000 feet of the real
5 property comprising any school, public park, courthouse,
6 or residential property owned, operated, and managed by a
7 public housing agency commits a Class 3 felony.
8 (2) A person who violates subsection 24-1(a)(1),
9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
10 the time of day or the time of year, in residential
11 property owned, operated and managed by a public housing
12 agency, in a public park, in a courthouse, on the real
13 property comprising any school, regardless of the time of
14 day or the time of year, on residential property owned,
15 operated and managed by a public housing agency, on the
16 real property comprising any public park, on the real
17 property comprising any courthouse, in any conveyance
18 owned, leased or contracted by a school to transport
19 students to or from school or a school related activity,
20 or on any public way within 1,000 feet of the real
21 property comprising any school, public park, courthouse,
22 or residential property owned, operated, and managed by a
23 public housing agency commits a Class 4 felony.
24 "Courthouse" means any building that is used by the
25 Circuit, Appellate, or Supreme Court of this State for
26 the conduct of official business.
27 (3) Paragraphs (1), (1.5), and (2) of this
28 subsection (c) shall not apply to law enforcement
29 officers or security officers of such school, college, or
30 university or to students carrying or possessing firearms
31 for use in training courses, parades, hunting, target
32 shooting on school ranges, or otherwise with the consent
33 of school authorities and which firearms are transported
34 unloaded enclosed in a suitable case, box, or
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1 transportation package.
2 (4) For the purposes of this subsection (c),
3 "school" means any public or private elementary or
4 secondary school, community college, college, or
5 university.
6 (d) The presence in an automobile other than a public
7 omnibus of any weapon, instrument or substance referred to in
8 subsection (a)(7) is prima facie evidence that it is in the
9 possession of, and is being carried by, all persons occupying
10 such automobile at the time such weapon, instrument or
11 substance is found, except under the following circumstances:
12 (i) if such weapon, instrument or instrumentality is found
13 upon the person of one of the occupants therein; or (ii) if
14 such weapon, instrument or substance is found in an
15 automobile operated for hire by a duly licensed driver in the
16 due, lawful and proper pursuit of his trade, then such
17 presumption shall not apply to the driver.
18 (e) Exemptions. Crossbows, Common or Compound bows and
19 Underwater Spearguns are exempted from the definition of
20 ballistic knife as defined in paragraph (1) of subsection (a)
21 of this Section.
22 (Source: P.A. 90-686, eff. 1-1-99.)
23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24 Sec. 24-3. Unlawful Sale of Firearms.
25 (A) A person commits the offense of unlawful sale of
26 firearms when he or she knowingly does any of the following:
27 (a) Sells or gives any firearm of a size which may
28 be concealed upon the person to any person under 18 years
29 of age.; or
30 (b) Sells or gives any firearm to a person under 21
31 years of age who has been convicted of a misdemeanor
32 other than a traffic offense or adjudged delinquent.; or
33 (c) Sells or gives any firearm to any narcotic
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1 addict.; or
2 (d) Sells or gives any firearm to any person who
3 has been convicted of a felony under the laws of this or
4 any other jurisdiction.; or
5 (e) Sells or gives any firearm to any person who
6 has been a patient in a mental hospital within the past 5
7 years.; or
8 (f) Sells or gives any firearms to any person who
9 is mentally retarded.; or
10 (g) Delivers any firearm of a size which may be
11 concealed upon the person, incidental to a sale, without
12 withholding delivery of such firearm for at least 72
13 hours after application for its purchase has been made,
14 or delivers any rifle, shotgun or other long gun,
15 incidental to a sale, without withholding delivery of
16 such rifle, shotgun or other long gun for at least 24
17 hours after application for its purchase has been made.
18 However, this paragraph (g) does shall not apply to: (1)
19 the sale of a firearm to a law enforcement officer or a
20 person who desires to purchase a firearm for use in
21 promoting the public interest incident to his or her
22 employment as a bank guard, armed truck guard, or other
23 similar employment; or (2) a mail order sale of a firearm
24 to a nonresident of Illinois under which the firearm is
25 mailed to a point outside the boundaries of Illinois; or
26 (3) the sale of a firearm to a nonresident of Illinois
27 while at a firearm showing or display recognized by the
28 Illinois Department of State Police; or (4) the sale of a
29 firearm to a dealer licensed under the Federal Firearms
30 Act of the United States.; or
31 (h) While holding any license under the federal
32 "Gun Control Act of 1968", as amended, as a dealer,
33 importer, manufacturer or pawnbroker under the federal
34 Gun Control Act of 1968,; manufactures, sells or delivers
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1 to any unlicensed person a handgun having a barrel,
2 slide, frame or receiver which is a die casting of zinc
3 alloy or any other nonhomogeneous metal which will melt
4 or deform at a temperature of less than 800 degrees
5 Fahrenheit. For purposes of this paragraph, (1)
6 "firearm" is defined as in the Firearm Owners
7 Identification Card Act "An Act relating to the
8 acquisition, possession and transfer of firearms and
9 firearm ammunition, to provide a penalty for the
10 violation thereof and to make an appropriation in
11 connection therewith", approved August 3, 1967, as
12 amended; and (2) "handgun" is defined as a firearm
13 designed to be held and fired by the use of a single
14 hand, and includes a combination of parts from which such
15 a firearm can be assembled.; or
16 (i) Sells or gives a firearm of any size to any
17 person under 18 years of age who does not possess a valid
18 Firearm Owner's Identification Card.
19 (B) (j) Paragraph (h) of subsection (A) does this
20 Section shall not include firearms sold within 6 months after
21 enactment of Public Act 78-355 (approved August 21, 1973,
22 effective October 1, 1973) this amendatory Act of 1973, nor
23 is shall any firearm legally owned or possessed by any
24 citizen or purchased by any citizen within 6 months after the
25 enactment of Public Act 78-355 this amendatory Act of 1973 be
26 subject to confiscation or seizure under the provisions of
27 that Public this amendatory Act of 1973. Nothing in Public
28 Act 78-355 this amendatory Act of 1973 shall be construed to
29 prohibit the gift or trade of any firearm if that firearm was
30 legally held or acquired within 6 months after the enactment
31 of that Public this amendatory Act of 1973.
32 (C) (k) Sentence.
33 (1) Any person convicted of unlawful sale of
34 firearms in violation of any of paragraphs (c) through
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1 (h) of subsection (A) commits a Class 4 felony.
2 (2) Any person convicted of unlawful sale of
3 firearms in violation of paragraph (b) or (i) of
4 subsection (A) commits a Class 3 felony.
5 (3) Any person convicted of unlawful sale of
6 firearms in violation of paragraph (a) of subsection (A)
7 commits a Class 2 felony.
8 (4) Any person convicted of unlawful sale of
9 firearms in violation of paragraph (a), (b), or (i) of
10 subsection (A) in any school, on the real property
11 comprising a school, within 1,000 feet of the real
12 property comprising a school, at a school related
13 activity, or on or within 1,000 feet of any conveyance
14 owned, leased, or contracted by a school or school
15 district to transport students to or from school or a
16 school related activity, regardless of the time of day or
17 time of year at which that the offense was committed,
18 commits a Class 1 felony. Any person convicted of a
19 second or subsequent violation of unlawful sale of
20 firearms in violation of paragraph (a), (b), or (i) of
21 subsection (A) in any school, on the real property
22 comprising a school, within 1,000 feet of the real
23 property comprising a school, at a school related
24 activity, or on or within 1,000 feet of any conveyance
25 owned, leased, or contracted by a school or school
26 district to transport students to or from school or a
27 school related activity, regardless of the time of day or
28 time of year at which that the offense was committed,
29 commits a Class 1 felony for which the sentence shall be
30 a term of imprisonment of no less than 5 years and no
31 more than 15 years.
32 (5) Any person convicted of unlawful sale of
33 firearms in violation of paragraph (a) or (i) of
34 subsection (A) in residential property owned, operated,
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1 or managed by a public housing agency, in a public park,
2 in a courthouse, on residential property owned, operated,
3 or managed by a public housing agency, on the real
4 property comprising any public park, on the real property
5 comprising any courthouse, or on any public way within
6 1,000 feet of the real property comprising any public
7 park, courthouse, or residential property owned,
8 operated, or managed by a public housing agency commits a
9 Class 2 felony.
10 (D) (6) For purposes of this Section:
11 "School" means a public or private elementary or
12 secondary school, community college, college, or university.
13 "School related activity" means any sporting, social,
14 academic, or other activity for which students' attendance or
15 participation is sponsored, organized, or funded in whole or
16 in part by a school or school district.
17 (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)
18 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
19 Sec. 24-3.1. Unlawful possession of firearms and firearm
20 ammunition.
21 (a) A person commits the offense of unlawful possession
22 of firearms or firearm ammunition when:
23 (1) He is under 18 years of age and has in his
24 possession any firearm of a size which may be concealed
25 upon the person; or
26 (2) He is under 21 years of age, has been convicted
27 of a misdemeanor other than a traffic offense or adjudged
28 delinquent and has any firearms or firearm ammunition in
29 his possession; or
30 (3) He is a narcotic addict and has any firearms or
31 firearm ammunition in his possession; or
32 (4) He has been a patient in a mental hospital
33 within the past 5 years and has any firearms or firearm
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1 ammunition in his possession; or
2 (5) He is mentally retarded and has any firearms or
3 firearm ammunition in his possession; or
4 (6) He has in his possession any explosive bullet.
5 For purposes of this paragraph "explosive bullet" means
6 the projectile portion of an ammunition cartridge which
7 contains or carries an explosive charge which will explode
8 upon contact with the flesh of a human or an animal.
9 "Cartridge" means a tubular metal case having a projectile
10 affixed at the front thereof and a cap or primer at the rear
11 end thereof, with the propellant contained in such tube
12 between the projectile and the cap; or
13 (b) Sentence.
14 Unlawful possession of firearms, other than handguns, and
15 firearm ammunition is a Class A misdemeanor. Unlawful
16 possession of handguns is a Class 4 felony.
17 (Source: P.A. 88-680, eff. 1-1-95.)
18 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
19 Sec. 33A-1. Legislative intent and definitions.
20 (a) Legislative findings. The legislature finds and
21 declares the following:
22 (1) The use of a dangerous weapon in the commission
23 of a felony offense poses a much greater threat to the
24 public health, safety, and general welfare, than when a
25 weapon is not used in the commission of the offense.
26 (2) Further, the use of a firearm greatly
27 facilitates the commission of a criminal offense because
28 of the more lethal nature of a firearm and the greater
29 perceived threat produced in those confronted by a person
30 wielding a firearm. Unlike other dangerous weapons such
31 as knives and clubs, the use of a firearm in the
32 commission of a criminal felony offense significantly
33 escalates the threat and the potential for bodily harm,
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1 and the greater range of the firearm increases the
2 potential for harm to more persons. Not only are the
3 victims and bystanders at greater risk when a firearm is
4 used, but also the law enforcement officers whose duty
5 is to confront and apprehend the armed suspect.
6 (3) Current law does contain offenses involving the
7 use or discharge of a gun toward or against a person,
8 such as aggravated battery with a firearm, aggravated
9 discharge of a firearm, and reckless discharge of a
10 firearm; however, the General Assembly has legislated
11 greater penalties for the commission of a felony while in
12 possession of a firearm because it deems such acts as
13 more serious.
14 (b) Legislative intent.
15 (1) In order to deter the use of firearms in the
16 commission of a felony offense, the General Assembly
17 deems it appropriate for a greater penalty to be imposed
18 when a firearm is used or discharged in the commission of
19 an offense than the penalty imposed for using other types
20 of weapons and for the penalty to increase on more
21 serious offenses.
22 (2) With the additional elements of the discharge
23 of a firearm and great bodily harm inflicted by a firearm
24 being added to armed violence and other serious felony
25 offenses, it is the intent of the General Assembly to
26 punish those elements more severely during commission of
27 a felony offense than when those elements stand alone as
28 the act of the offender.
29 (3) It is the intent of the 91st General Assembly
30 that should Public Act 88-680 be declared
31 unconstitutional for a violation of Article 4, Section 8
32 of the 1970 Constitution of the State of Illinois, the
33 amendatory changes made by Public Act 88-680 to Article
34 33A of the Criminal Code of 1961 and which are set forth
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1 as law in this amendatory Act of the 91st General
2 Assembly are hereby reenacted by this amendatory Act of
3 the 91st General Assembly.
4 (c) Definitions.
5 (1) "Armed with a dangerous weapon". A person is
6 considered armed with a dangerous weapon for purposes of
7 this Article, when he or she carries on or about his or
8 her person or is otherwise armed with a Category I,
9 Category II, or Category III weapon.
10 (2) A Category I weapon is a handgun, sawed-off
11 shotgun, sawed-off rifle, any other firearm small enough
12 to be concealed upon the person, semiautomatic firearm,
13 or machine gun. A Category II weapon is any other rifle,
14 shotgun, spring gun, other firearm, stun gun or taser as
15 defined in paragraph (a) of Section 24-1 of this Code,
16 knife with a blade of at least 3 inches in length,
17 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
18 or other deadly or dangerous weapon or instrument of like
19 character. As used in this subsection (b) "semiautomatic
20 firearm" means a repeating firearm that utilizes a
21 portion of the energy of a firing cartridge to extract
22 the fired cartridge case and chamber the next round and
23 that requires a separate pull of the trigger to fire each
24 cartridge.
25 (3) A Category III weapon is a bludgeon,
26 black-jack, slungshot, sand-bag, sand-club, metal
27 knuckles, billy, or other dangerous weapon of like
28 character.
29 (Source: P.A. 91-404, eff. 1-1-00.)
30 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
31 Sec. 33A-3. Sentence.
32 (a) Violation of Section 33A-2(a) with a Category I
33 weapon is a Class X felony for which the defendant shall be
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1 sentenced to a minimum term of imprisonment of 15 years.
2 (a-5) Violation of Section 33A-2(a) with a Category II
3 weapon is a Class X felony for which the defendant shall be
4 sentenced to a minimum term of imprisonment of 10 years.
5 (b) Violation of Section 33A-2(a) with a Category III
6 weapon is a Class 2 felony or the felony classification
7 provided for the same act while unarmed, whichever permits
8 the greater penalty. A second or subsequent violation of
9 Section 33A-2(a) with a Category III weapon is a Class 1
10 felony or the felony classification provided for the same act
11 while unarmed, whichever permits the greater penalty.
12 (b-5) Violation of Section 33A-2(b) with a firearm that
13 is a Category I or Category II weapon is a Class X felony for
14 which the defendant shall be sentenced to a minimum term of
15 imprisonment of 20 years.
16 (b-10) Violation of Section 33A-2(c) with a firearm that
17 is a Category I or Category II weapon is a Class X felony for
18 which the defendant shall be sentenced to a term of
19 imprisonment of not less than 25 years nor more than 40
20 years.
21 (c) Unless sentencing under Section 33B-1 is applicable,
22 any person who violates subsection (a) or (b) of Section
23 33A-2 with a firearm, when that person has been convicted in
24 any state or federal court of 3 or more of the following
25 offenses: treason, first degree murder, second degree murder,
26 predatory criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault, robbery,
28 burglary, arson, kidnaping, aggravated battery resulting in
29 great bodily harm or permanent disability or disfigurement,
30 or a violation of Section 401(a) of the Illinois Controlled
31 Substances Act, when the third offense was committed after
32 conviction on the second, the second offense was committed
33 after conviction on the first, and the violation of Section
34 33A-2 was committed after conviction on the third, shall be
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1 sentenced to a term of imprisonment of not less than 25 years
2 nor more than 50 years.
3 (c-5) Except as otherwise provided in paragraph (b-10)
4 or (c) of this Section, a person who violates Section
5 33A-2(a) with a firearm that is a Category I weapon or
6 Section 33A-2(b) in any school, in any conveyance owned,
7 leased, or contracted by a school to transport students to or
8 from school or a school related activity, or on the real
9 property comprising any school or public park, and where the
10 offense was related to the activities of an organized gang,
11 shall be sentenced to a term of imprisonment of not less than
12 the term set forth in subsection (a) or (b-5) of this
13 Section, whichever is applicable, and not more than 30 years.
14 For the purposes of this subsection (c-5), "organized gang"
15 has the meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (d) For armed violence based upon a predicate offense
18 listed in this subsection (d) the court shall enter the
19 sentence for armed violence to run consecutively to the
20 sentence imposed for the predicate offense. The offenses
21 covered by this provision are:
22 (i) solicitation of murder,
23 (ii) solicitation of murder for hire,
24 (iii) heinous battery,
25 (iv) aggravated battery of a senior citizen,
26 (v) criminal sexual assault,
27 (vi) a violation of subsection (g) of Section 5 of
28 the Cannabis Control Act,
29 (vii) cannabis trafficking,
30 (viii) a violation of subsection (a) of Section 401
31 of the Illinois Controlled Substances Act,
32 (ix) controlled substance trafficking involving a
33 Class X felony amount of controlled substance under
34 Section 401 of the Illinois Controlled Substances Act,
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1 (x) calculated criminal drug conspiracy, or
2 (xi) streetgang criminal drug conspiracy.
3 (Source: P.A. 91-404, eff. 1-1-00.)
4 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
5 Sec. 33F-1. Definitions. For purposes of this Article:
6 (a) "Body Armor" means any one of the following:
7 (1) A military style flak or tactical assault vest
8 which is made of Kevlar or any other similar material or
9 metal, fiberglass, plastic, and nylon plates and designed
10 to be worn over one's clothing for the intended purpose
11 of stopping not only missile fragmentation from mines,
12 grenades, mortar shells and artillery fire but also fire
13 from rifles, machine guns, and small arms.
14 (2) Soft body armor which is made of Kevlar or any
15 other similar material or metal or any other type of
16 insert and which is lightweight and pliable and which can
17 be easily concealed under a shirt.
18 (3) A military style recon/surveillance vest which
19 is made of Kevlar or any other similar material and which
20 is lightweight and designed to be worn over one's
21 clothing.
22 (4) Protective casual clothing which is made of
23 Kevlar or any other similar material and which was
24 originally intended to be used by undercover law
25 enforcement officers or dignitaries and is designed to
26 look like jackets, coats, raincoats, quilted or three
27 piece suit vests.
28 (b) "Dangerous weapon" means a Category I, Category II,
29 or Category III weapon as defined in Section 33A-1 of this
30 Code.
31 (Source: P.A. 87-521; 88-680, eff. 1-1-95.)
32 Section 50-10. The Wrongs to Children Act is amended by
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1 re-enacting Section 5.1 as follows:
2 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
3 Sec. 5.1. A. A parent, step-parent, legal guardian, or
4 other person having custody of a child who knowingly allows
5 or permits an act of criminal sexual abuse or criminal sexual
6 assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
7 12-16 of the Criminal Code of 1961, upon his or her child, or
8 knowingly permits, induces, promotes, or arranges for the
9 child to engage in prostitution as defined in Section 11-14
10 of the Criminal Code of 1961, and fails to take reasonable
11 steps to prevent its commission or future occurrences of such
12 acts commits the offense of permitting the sexual abuse of a
13 child. For purposes of this Section, "child" means a minor
14 under the age of 17 years.
15 B. Any person convicted of permitting the sexual abuse
16 of a child is guilty of a Class 1 felony.
17 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
18 89-462, eff. 5-29-96.)
19 Section 50-15. The Unified Code of Corrections is
20 amended by re-enacting Section 5-5-3 as follows:
21 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
22 Sec. 5-5-3. Disposition.
23 (a) Every person convicted of an offense shall be
24 sentenced as provided in this Section.
25 (b) The following options shall be appropriate
26 dispositions, alone or in combination, for all felonies and
27 misdemeanors other than those identified in subsection (c) of
28 this Section:
29 (1) A period of probation.
30 (2) A term of periodic imprisonment.
31 (3) A term of conditional discharge.
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1 (4) A term of imprisonment.
2 (5) An order directing the offender to clean up and
3 repair the damage, if the offender was convicted under
4 paragraph (h) of Section 21-1 of the Criminal Code of
5 1961.
6 (6) A fine.
7 (7) An order directing the offender to make
8 restitution to the victim under Section 5-5-6 of this
9 Code.
10 (8) A sentence of participation in a county impact
11 incarceration program under Section 5-8-1.2 of this Code.
12 Whenever an individual is sentenced for an offense based
13 upon an arrest for a violation of Section 11-501 of the
14 Illinois Vehicle Code, or a similar provision of a local
15 ordinance, and the professional evaluation recommends
16 remedial or rehabilitative treatment or education, neither
17 the treatment nor the education shall be the sole disposition
18 and either or both may be imposed only in conjunction with
19 another disposition. The court shall monitor compliance with
20 any remedial education or treatment recommendations contained
21 in the professional evaluation. Programs conducting alcohol
22 or other drug evaluation or remedial education must be
23 licensed by the Department of Human Services. However, if
24 the individual is not a resident of Illinois, the court may
25 accept an alcohol or other drug evaluation or remedial
26 education program in the state of such individual's
27 residence. Programs providing treatment must be licensed
28 under existing applicable alcoholism and drug treatment
29 licensure standards.
30 In addition to any other fine or penalty required by law,
31 any individual convicted of a violation of Section 11-501 of
32 the Illinois Vehicle Code or a similar provision of local
33 ordinance, whose operation of a motor vehicle while in
34 violation of Section 11-501 or such ordinance proximately
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1 caused an incident resulting in an appropriate emergency
2 response, shall be required to make restitution to a public
3 agency for the costs of that emergency response. Such
4 restitution shall not exceed $500 per public agency for each
5 such emergency response. For the purpose of this paragraph,
6 emergency response shall mean any incident requiring a
7 response by: a police officer as defined under Section 1-162
8 of the Illinois Vehicle Code; a fireman carried on the rolls
9 of a regularly constituted fire department; and an ambulance
10 as defined under Section 4.05 of the Emergency Medical
11 Services (EMS) Systems Act.
12 Neither a fine nor restitution shall be the sole
13 disposition for a felony and either or both may be imposed
14 only in conjunction with another disposition.
15 (c) (1) When a defendant is found guilty of first degree
16 murder the State may either seek a sentence of
17 imprisonment under Section 5-8-1 of this Code, or where
18 appropriate seek a sentence of death under Section 9-1 of
19 the Criminal Code of 1961.
20 (2) A period of probation, a term of periodic
21 imprisonment or conditional discharge shall not be
22 imposed for the following offenses. The court shall
23 sentence the offender to not less than the minimum term
24 of imprisonment set forth in this Code for the following
25 offenses, and may order a fine or restitution or both in
26 conjunction with such term of imprisonment:
27 (A) First degree murder where the death
28 penalty is not imposed.
29 (B) Attempted first degree murder.
30 (C) A Class X felony.
31 (D) A violation of Section 401.1 or 407 of the
32 Illinois Controlled Substances Act, or a violation
33 of subdivision (c)(2) of Section 401 of that Act
34 which relates to more than 5 grams of a substance
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1 containing cocaine or an analog thereof.
2 (E) A violation of Section 5.1 or 9 of the
3 Cannabis Control Act.
4 (F) A Class 2 or greater felony if the
5 offender had been convicted of a Class 2 or greater
6 felony within 10 years of the date on which he
7 committed the offense for which he is being
8 sentenced.
9 (G) Residential burglary.
10 (H) Criminal sexual assault, except as
11 otherwise provided in subsection (e) of this
12 Section.
13 (I) Aggravated battery of a senior citizen.
14 (J) A forcible felony if the offense was
15 related to the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of
18 5 or more persons, with an established hierarchy,
19 that encourages members of the association to
20 perpetrate crimes or provides support to the members
21 of the association who do commit crimes.
22 Beginning July 1, 1994, for the purposes of
23 this paragraph, "organized gang" has the meaning
24 ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (K) Vehicular hijacking.
27 (L) A second or subsequent conviction for the
28 offense of hate crime when the underlying offense
29 upon which the hate crime is based is felony
30 aggravated assault or felony mob action.
31 (M) A second or subsequent conviction for the
32 offense of institutional vandalism if the damage to
33 the property exceeds $300.
34 (N) A Class 3 felony violation of paragraph
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1 (1) of subsection (a) of Section 2 of the Firearm
2 Owners Identification Card Act.
3 (O) A violation of Section 12-6.1 of the
4 Criminal Code of 1961.
5 (P) A violation of paragraph (1), (2), (3),
6 (4), (5), or (7) of subsection (a) of Section
7 11-20.1 of the Criminal Code of 1961.
8 (Q) A violation of Section 20-1.2 of the
9 Criminal Code of 1961.
10 (R) A violation of Section 24-3A of the
11 Criminal Code of 1961.
12 (3) A minimum term of imprisonment of not less than
13 48 consecutive hours or 100 hours of community service as
14 may be determined by the court shall be imposed for a
15 second or subsequent violation committed within 5 years
16 of a previous violation of Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance.
18 (4) A minimum term of imprisonment of not less than
19 7 consecutive days or 30 days of community service shall
20 be imposed for a violation of paragraph (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.1) A minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or
24 720 hours of community service, as may be determined by
25 the court, shall be imposed for a violation of Section
26 11-501 of the Illinois Vehicle Code during a period in
27 which the defendant's driving privileges are revoked or
28 suspended, where the revocation or suspension was for a
29 violation of Section 11-501 or Section 11-501.1 of that
30 Code.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (6) In no case shall an offender be eligible for a
5 disposition of probation or conditional discharge for a
6 Class 1 felony committed while he was serving a term of
7 probation or conditional discharge for a felony.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (8) When a defendant, over the age of 21 years, is
13 convicted of a Class 1 or Class 2 felony, after having
14 twice been convicted of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (d) In any case in which a sentence originally imposed
28 is vacated, the case shall be remanded to the trial court.
29 The trial court shall hold a hearing under Section 5-4-1 of
30 the Unified Code of Corrections which may include evidence of
31 the defendant's life, moral character and occupation during
32 the time since the original sentence was passed. The trial
33 court shall then impose sentence upon the defendant. The
34 trial court may impose any sentence which could have been
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1 imposed at the original trial subject to Section 5-5-4 of the
2 Unified Code of Corrections.
3 (e) In cases where prosecution for criminal sexual
4 assault or aggravated criminal sexual abuse under Section
5 12-13 or 12-16 of the Criminal Code of 1961 results in
6 conviction of a defendant who was a family member of the
7 victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10 (1) the court finds (A) or (B) or both are
11 appropriate:
12 (A) the defendant is willing to undergo a
13 court approved counseling program for a minimum
14 duration of 2 years; or
15 (B) the defendant is willing to participate in
16 a court approved plan including but not limited to
17 the defendant's:
18 (i) removal from the household;
19 (ii) restricted contact with the victim;
20 (iii) continued financial support of the
21 family;
22 (iv) restitution for harm done to the
23 victim; and
24 (v) compliance with any other measures
25 that the court may deem appropriate; and
26 (2) the court orders the defendant to pay for the
27 victim's counseling services, to the extent that the
28 court finds, after considering the defendant's income and
29 assets, that the defendant is financially capable of
30 paying for such services, if the victim was under 18
31 years of age at the time the offense was committed and
32 requires counseling as a result of the offense.
33 Probation may be revoked or modified pursuant to Section
34 5-6-4; except where the court determines at the hearing that
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1 the defendant violated a condition of his or her probation
2 restricting contact with the victim or other family members
3 or commits another offense with the victim or other family
4 members, the court shall revoke the defendant's probation and
5 impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7 "victim" shall have the meanings ascribed to them in Section
8 12-12 of the Criminal Code of 1961.
9 (f) This Article shall not deprive a court in other
10 proceedings to order a forfeiture of property, to suspend or
11 cancel a license, to remove a person from office, or to
12 impose any other civil penalty.
13 (g) Whenever a defendant is convicted of an offense
14 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
15 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
16 12-15 or 12-16 of the Criminal Code of 1961, the defendant
17 shall undergo medical testing to determine whether the
18 defendant has any sexually transmissible disease, including a
19 test for infection with human immunodeficiency virus (HIV) or
20 any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Any such medical test
22 shall be performed only by appropriately licensed medical
23 practitioners and may include an analysis of any bodily
24 fluids as well as an examination of the defendant's person.
25 Except as otherwise provided by law, the results of such test
26 shall be kept strictly confidential by all medical personnel
27 involved in the testing and must be personally delivered in a
28 sealed envelope to the judge of the court in which the
29 conviction was entered for the judge's inspection in camera.
30 Acting in accordance with the best interests of the victim
31 and the public, the judge shall have the discretion to
32 determine to whom, if anyone, the results of the testing may
33 be revealed. The court shall notify the defendant of the test
34 results. The court shall also notify the victim if requested
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1 by the victim, and if the victim is under the age of 15 and
2 if requested by the victim's parents or legal guardian, the
3 court shall notify the victim's parents or legal guardian of
4 the test results. The court shall provide information on the
5 availability of HIV testing and counseling at Department of
6 Public Health facilities to all parties to whom the results
7 of the testing are revealed and shall direct the State's
8 Attorney to provide the information to the victim when
9 possible. A State's Attorney may petition the court to obtain
10 the results of any HIV test administered under this Section,
11 and the court shall grant the disclosure if the State's
12 Attorney shows it is relevant in order to prosecute a charge
13 of criminal transmission of HIV under Section 12-16.2 of the
14 Criminal Code of 1961 against the defendant. The court shall
15 order that the cost of any such test shall be paid by the
16 county and may be taxed as costs against the convicted
17 defendant.
18 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois
20 Department of Public Health including but not limited to
21 tuberculosis, the results of the test shall be personally
22 delivered by the warden or his or her designee in a sealed
23 envelope to the judge of the court in which the inmate must
24 appear for the judge's inspection in camera if requested by
25 the judge. Acting in accordance with the best interests of
26 those in the courtroom, the judge shall have the discretion
27 to determine what if any precautions need to be taken to
28 prevent transmission of the disease in the courtroom.
29 (h) Whenever a defendant is convicted of an offense
30 under Section 1 or 2 of the Hypodermic Syringes and Needles
31 Act, the defendant shall undergo medical testing to determine
32 whether the defendant has been exposed to human
33 immunodeficiency virus (HIV) or any other identified
34 causative agent of acquired immunodeficiency syndrome (AIDS).
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1 Except as otherwise provided by law, the results of such test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 conviction was entered for the judge's inspection in camera.
6 Acting in accordance with the best interests of the public,
7 the judge shall have the discretion to determine to whom, if
8 anyone, the results of the testing may be revealed. The court
9 shall notify the defendant of a positive test showing an
10 infection with the human immunodeficiency virus (HIV). The
11 court shall provide information on the availability of HIV
12 testing and counseling at Department of Public Health
13 facilities to all parties to whom the results of the testing
14 are revealed and shall direct the State's Attorney to provide
15 the information to the victim when possible. A State's
16 Attorney may petition the court to obtain the results of any
17 HIV test administered under this Section, and the court
18 shall grant the disclosure if the State's Attorney shows it
19 is relevant in order to prosecute a charge of criminal
20 transmission of HIV under Section 12-16.2 of the Criminal
21 Code of 1961 against the defendant. The court shall order
22 that the cost of any such test shall be paid by the county
23 and may be taxed as costs against the convicted defendant.
24 (i) All fines and penalties imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance,
27 and any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected
29 and disbursed by the circuit clerk as provided under Section
30 27.5 of the Clerks of Courts Act.
31 (j) In cases when prosecution for any violation of
32 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
33 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
34 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
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1 12-16 of the Criminal Code of 1961, any violation of the
2 Illinois Controlled Substances Act, or any violation of the
3 Cannabis Control Act results in conviction, a disposition of
4 court supervision, or an order of probation granted under
5 Section 10 of the Cannabis Control Act or Section 410 of the
6 Illinois Controlled Substance Act of a defendant, the court
7 shall determine whether the defendant is employed by a
8 facility or center as defined under the Child Care Act of
9 1969, a public or private elementary or secondary school, or
10 otherwise works with children under 18 years of age on a
11 daily basis. When a defendant is so employed, the court
12 shall order the Clerk of the Court to send a copy of the
13 judgment of conviction or order of supervision or probation
14 to the defendant's employer by certified mail. If the
15 employer of the defendant is a school, the Clerk of the Court
16 shall direct the mailing of a copy of the judgment of
17 conviction or order of supervision or probation to the
18 appropriate regional superintendent of schools. The regional
19 superintendent of schools shall notify the State Board of
20 Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is
22 convicted of a felony and who has not been previously
23 convicted of a misdemeanor or felony and who is sentenced to
24 a term of imprisonment in the Illinois Department of
25 Corrections shall as a condition of his or her sentence be
26 required by the court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward passing
29 the high school level Test of General Educational Development
30 (GED) or to work toward completing a vocational training
31 program offered by the Department of Corrections. If a
32 defendant fails to complete the educational training required
33 by his or her sentence during the term of incarceration, the
34 Prisoner Review Board shall, as a condition of mandatory
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1 supervised release, require the defendant, at his or her own
2 expense, to pursue a course of study toward a high school
3 diploma or passage of the GED test. The Prisoner Review
4 Board shall revoke the mandatory supervised release of a
5 defendant who wilfully fails to comply with this subsection
6 (j-5) upon his or her release from confinement in a penal
7 institution while serving a mandatory supervised release
8 term; however, the inability of the defendant after making a
9 good faith effort to obtain financial aid or pay for the
10 educational training shall not be deemed a wilful failure to
11 comply. The Prisoner Review Board shall recommit the
12 defendant whose mandatory supervised release term has been
13 revoked under this subsection (j-5) as provided in Section
14 3-3-9. This subsection (j-5) does not apply to a defendant
15 who has a high school diploma or has successfully passed the
16 GED test. This subsection (j-5) does not apply to a defendant
17 who is determined by the court to be developmentally disabled
18 or otherwise mentally incapable of completing the educational
19 or vocational program.
20 (k) A court may not impose a sentence or disposition for
21 a felony or misdemeanor that requires the defendant to be
22 implanted or injected with or to use any form of birth
23 control.
24 (l) (A) Except as provided in paragraph (C) of
25 subsection (l), whenever a defendant, who is an alien as
26 defined by the Immigration and Nationality Act, is
27 convicted of any felony or misdemeanor offense, the court
28 after sentencing the defendant may, upon motion of the
29 State's Attorney, hold sentence in abeyance and remand
30 the defendant to the custody of the Attorney General of
31 the United States or his or her designated agent to be
32 deported when:
33 (1) a final order of deportation has been
34 issued against the defendant pursuant to proceedings
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1 under the Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct
4 and would not be inconsistent with the ends of
5 justice.
6 Otherwise, the defendant shall be sentenced as
7 provided in this Chapter V.
8 (B) If the defendant has already been sentenced for
9 a felony or misdemeanor offense, or has been placed on
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act,
12 the court may, upon motion of the State's Attorney to
13 suspend the sentence imposed, commit the defendant to the
14 custody of the Attorney General of the United States or
15 his or her designated agent when:
16 (1) a final order of deportation has been
17 issued against the defendant pursuant to proceedings
18 under the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of
22 justice.
23 (C) This subsection (l) does not apply to offenders
24 who are subject to the provisions of paragraph (2) of
25 subsection (a) of Section 3-6-3.
26 (D) Upon motion of the State's Attorney, if a
27 defendant sentenced under this Section returns to the
28 jurisdiction of the United States, the defendant shall be
29 recommitted to the custody of the county from which he or
30 she was sentenced. Thereafter, the defendant shall be
31 brought before the sentencing court, which may impose any
32 sentence that was available under Section 5-5-3 at the
33 time of initial sentencing. In addition, the defendant
34 shall not be eligible for additional good conduct credit
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1 for meritorious service as provided under Section 3-6-6.
2 (m) A person convicted of criminal defacement of
3 property under Section 21-1.3 of the Criminal Code of 1961,
4 in which the property damage exceeds $300 and the property
5 damaged is a school building, shall be ordered to perform
6 community service that may include cleanup, removal, or
7 painting over the defacement.
8 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
9 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
10 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)
11 ARTICLE 900
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 ARTICLE 990
20 Section 990-1. Severability. The provisions of this Act
21 are severable under Section 1.31 of the Statute on Statutes.
22 ARTICLE 999
23 Section 999-1. Effective date. This Act takes effect
24 upon becoming law.".