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91_HB2610sam001
LRB9102768EGfgam03
1 AMENDMENT TO HOUSE BILL 2610
2 AMENDMENT NO. . Amend House Bill 2610 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
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 and other than Section
30 24-1 of the Criminal Code of 1961) contained in Public Act
31 88-680, including subsequent amendments. This re-enactment
32 is intended to remove any question as to the validity or
33 content of those provisions.
34 (3) This Act re-enacts various criminal provisions
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1 (other than provisions relating to child pornography and WIC
2 Fraud that have been re-enacted by Public Acts 91-54 and
3 91-155 and provisions amending Section 6 of the Firearm
4 Owners Identification Act and other than Section 24-1 of the
5 Criminal Code of 1961) contained in Public Act 88-680,
6 including subsequent amendments, to remove any question as to
7 the validity or content of those provisions; it is not
8 intended to supersede any other Public Act that amends the
9 text of the Sections as set forth in this Act. The material
10 is shown as existing text (i.e., without underscoring),
11 except for technical changes having a revisory function.
12 ARTICLE 15. GANGS
13 Section 15-5. The Criminal Code of 1961 is amended by
14 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
15 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
16 Sec. 12-6. Intimidation.
17 (a) A person commits intimidation when, with intent to
18 cause another to perform or to omit the performance of any
19 act, he communicates to another, whether in person, by
20 telephone or by mail, a threat to perform without lawful
21 authority any of the following acts:
22 (1) Inflict physical harm on the person threatened
23 or any other person or on property; or
24 (2) Subject any person to physical confinement or
25 restraint; or
26 (3) Commit any criminal offense; or
27 (4) Accuse any person of an offense; or
28 (5) Expose any person to hatred, contempt or
29 ridicule; or
30 (6) Take action as a public official against anyone
31 or anything, or withhold official action, or cause such
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1 action or withholding; or
2 (7) Bring about or continue a strike, boycott or
3 other collective action.
4 (b) Sentence.
5 Intimidation is a Class 3 felony for which an offender
6 may be sentenced to a term of imprisonment of not less than 2
7 years and not more than 10 years.
8 (Source: P.A. 88-680, eff. 1-1-95.)
9 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
10 Sec. 32-4. Communicating with jurors and witnesses.
11 (a) A person who, with intent to influence any person
12 whom he believes has been summoned as a juror, regarding any
13 matter which is or may be brought before such juror,
14 communicates, directly or indirectly, with such juror
15 otherwise than as authorized by law commits a Class 4 felony.
16 (b) A person who, with intent to deter any party or
17 witness from testifying freely, fully and truthfully to any
18 matter pending in any court, or before a Grand Jury,
19 Administrative agency or any other State or local
20 governmental unit, forcibly detains such party or witness, or
21 communicates, directly or indirectly, to such party or
22 witness any knowingly false information or a threat of injury
23 or damage to the property or person of any individual or
24 offers or delivers or threatens to withhold money or another
25 thing of value to any individual commits a Class 3 felony.
26 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
27 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
28 Sec. 32-4a. Harassment of representatives for the child,
29 jurors, witnesses and family members of representatives for
30 the child, jurors, and witnesses.
31 (a) A person who, with intent to harass or annoy one who
32 has served or is serving or who is a family member of a
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1 person who has served or is serving (1) as a juror because of
2 the verdict returned by the jury in a pending legal
3 proceeding or the participation of the juror in the verdict
4 or (2) as a witness, or who may be expected to serve as a
5 witness in a pending legal proceeding, because of the
6 testimony or potential testimony of the witness, communicates
7 directly or indirectly with the juror, witness, or family
8 member of a juror or witness in such manner as to produce
9 mental anguish or emotional distress or who conveys a threat
10 of injury or damage to the property or person of any juror,
11 witness, or family member of the juror or witness commits a
12 Class 2 felony.
13 (b) A person who, with intent to harass or annoy one who
14 has served or is serving or who is a family member of a
15 person who has served or is serving as a representative for
16 the child, appointed under Section 506 of the Illinois
17 Marriage and Dissolution of Marriage Act, Section 12 of the
18 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
19 the Code of Civil Procedure, because of the representative
20 service of that capacity, communicates directly or indirectly
21 with the representative or a family member of the
22 representative in such manner as to produce mental anguish or
23 emotional distress or who conveys a threat of injury or
24 damage to the property or person of any representative or a
25 family member of the representative commits a Class A
26 misdemeanor.
27 (c) For purposes of this Section, "family member" means
28 a spouse, parent, child, stepchild or other person related by
29 blood or by present marriage, a person who has, or allegedly
30 has a child in common, and a person who shares or allegedly
31 shares a blood relationship through a child.
32 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
33 Section 15-15. The Unified Code of Corrections is
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1 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
2 as follows:
3 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
4 Sec. 5-5-3.2. Factors in Aggravation.
5 (a) The following factors shall be accorded weight in
6 favor of imposing a term of imprisonment or may be considered
7 by the court as reasons to impose a more severe sentence
8 under Section 5-8-1:
9 (1) the defendant's conduct caused or threatened
10 serious harm;
11 (2) the defendant received compensation for
12 committing the offense;
13 (3) the defendant has a history of prior
14 delinquency or criminal activity;
15 (4) the defendant, by the duties of his office or
16 by his position, was obliged to prevent the particular
17 offense committed or to bring the offenders committing it
18 to justice;
19 (5) the defendant held public office at the time of
20 the offense, and the offense related to the conduct of
21 that office;
22 (6) the defendant utilized his professional
23 reputation or position in the community to commit the
24 offense, or to afford him an easier means of committing
25 it;
26 (7) the sentence is necessary to deter others from
27 committing the same crime;
28 (8) the defendant committed the offense against a
29 person 60 years of age or older or such person's
30 property;
31 (9) the defendant committed the offense against a
32 person who is physically handicapped or such person's
33 property;
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1 (10) by reason of another individual's actual or
2 perceived race, color, creed, religion, ancestry, gender,
3 sexual orientation, physical or mental disability, or
4 national origin, the defendant committed the offense
5 against (i) the person or property of that individual;
6 (ii) the person or property of a person who has an
7 association with, is married to, or has a friendship with
8 the other individual; or (iii) the person or property of
9 a relative (by blood or marriage) of a person described
10 in clause (i) or (ii). For the purposes of this Section,
11 "sexual orientation" means heterosexuality,
12 homosexuality, or bisexuality;
13 (11) the offense took place in a place of worship
14 or on the grounds of a place of worship, immediately
15 prior to, during or immediately following worship
16 services. For purposes of this subparagraph, "place of
17 worship" shall mean any church, synagogue or other
18 building, structure or place used primarily for religious
19 worship;
20 (12) the defendant was convicted of a felony
21 committed while he was released on bail or his own
22 recognizance pending trial for a prior felony and was
23 convicted of such prior felony, or the defendant was
24 convicted of a felony committed while he was serving a
25 period of probation, conditional discharge, or mandatory
26 supervised release under subsection (d) of Section 5-8-1
27 for a prior felony;
28 (13) the defendant committed or attempted to commit
29 a felony while he was wearing a bulletproof vest. For
30 the purposes of this paragraph (13), a bulletproof vest
31 is any device which is designed for the purpose of
32 protecting the wearer from bullets, shot or other lethal
33 projectiles;
34 (14) the defendant held a position of trust or
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1 supervision such as, but not limited to, family member as
2 defined in Section 12-12 of the Criminal Code of 1961,
3 teacher, scout leader, baby sitter, or day care worker,
4 in relation to a victim under 18 years of age, and the
5 defendant committed an offense in violation of Section
6 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
7 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
8 1961 against that victim;
9 (15) the defendant committed an offense related to
10 the activities of an organized gang. For the purposes of
11 this factor, "organized gang" has the meaning ascribed to
12 it in Section 10 of the Streetgang Terrorism Omnibus
13 Prevention Act;
14 (16) the defendant committed an offense in
15 violation of one of the following Sections while in a
16 school, regardless of the time of day or time of year; on
17 any conveyance owned, leased, or contracted by a school
18 to transport students to or from school or a school
19 related activity; on the real property of a school; or on
20 a public way within 1,000 feet of the real property
21 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
22 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
23 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
24 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
25 1961;
26 (16.5) the defendant committed an offense in
27 violation of one of the following Sections while in a day
28 care center, regardless of the time of day or time of
29 year; on the real property of a day care center,
30 regardless of the time of day or time of year; or on a
31 public way within 1,000 feet of the real property
32 comprising any day care center, regardless of the time of
33 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
34 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
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1 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
2 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
3 1961;
4 (17) the defendant committed the offense by reason
5 of any person's activity as a community policing
6 volunteer or to prevent any person from engaging in
7 activity as a community policing volunteer. For the
8 purpose of this Section, "community policing volunteer"
9 has the meaning ascribed to it in Section 2-3.5 of the
10 Criminal Code of 1961; or
11 (18) the defendant committed the offense in a
12 nursing home or on the real property comprising a nursing
13 home. For the purposes of this paragraph (18), "nursing
14 home" means a skilled nursing or intermediate long term
15 care facility that is subject to license by the Illinois
16 Department of Public Health under the Nursing Home Care
17 Act; or.
18 (19) (18) the defendant was a federally licensed
19 firearm dealer and was previously convicted of a
20 violation of subsection (a) of Section 3 of the Firearm
21 Owners Identification Card Act and has now committed
22 either a felony violation of the Firearm Owners
23 Identification Card Act or an act of armed violence while
24 armed with a firearm.
25 For the purposes of this Section:
26 "School" is defined as a public or private elementary or
27 secondary school, community college, college, or university.
28 "Day care center" means a public or private State
29 certified and licensed day care center as defined in Section
30 2.09 of the Child Care Act of 1969 that displays a sign in
31 plain view stating that the property is a day care center.
32 (b) The following factors may be considered by the court
33 as reasons to impose an extended term sentence under Section
34 5-8-2 upon any offender:
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1 (1) When a defendant is convicted of any felony,
2 after having been previously convicted in Illinois or any
3 other jurisdiction of the same or similar class felony or
4 greater class felony, when such conviction has occurred
5 within 10 years after the previous conviction, excluding
6 time spent in custody, and such charges are separately
7 brought and tried and arise out of different series of
8 acts; or
9 (2) When a defendant is convicted of any felony and
10 the court finds that the offense was accompanied by
11 exceptionally brutal or heinous behavior indicative of
12 wanton cruelty; or
13 (3) When a defendant is convicted of voluntary
14 manslaughter, second degree murder, involuntary
15 manslaughter or reckless homicide in which the defendant
16 has been convicted of causing the death of more than one
17 individual; or
18 (4) When a defendant is convicted of any felony
19 committed against:
20 (i) a person under 12 years of age at the time
21 of the offense or such person's property;
22 (ii) a person 60 years of age or older at the
23 time of the offense or such person's property; or
24 (iii) a person physically handicapped at the
25 time of the offense or such person's property; or
26 (5) In the case of a defendant convicted of
27 aggravated criminal sexual assault or criminal sexual
28 assault, when the court finds that aggravated criminal
29 sexual assault or criminal sexual assault was also
30 committed on the same victim by one or more other
31 individuals, and the defendant voluntarily participated
32 in the crime with the knowledge of the participation of
33 the others in the crime, and the commission of the crime
34 was part of a single course of conduct during which there
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1 was no substantial change in the nature of the criminal
2 objective; or
3 (6) When a defendant is convicted of any felony and
4 the offense involved any of the following types of
5 specific misconduct committed as part of a ceremony,
6 rite, initiation, observance, performance, practice or
7 activity of any actual or ostensible religious,
8 fraternal, or social group:
9 (i) the brutalizing or torturing of humans or
10 animals;
11 (ii) the theft of human corpses;
12 (iii) the kidnapping of humans;
13 (iv) the desecration of any cemetery,
14 religious, fraternal, business, governmental,
15 educational, or other building or property; or
16 (v) ritualized abuse of a child; or
17 (7) When a defendant is convicted of first degree
18 murder, after having been previously convicted in
19 Illinois of any offense listed under paragraph (c)(2) of
20 Section 5-5-3, when such conviction has occurred within
21 10 years after the previous conviction, excluding time
22 spent in custody, and such charges are separately brought
23 and tried and arise out of different series of acts; or
24 (8) When a defendant is convicted of a felony other
25 than conspiracy and the court finds that the felony was
26 committed under an agreement with 2 or more other persons
27 to commit that offense and the defendant, with respect to
28 the other individuals, occupied a position of organizer,
29 supervisor, financier, or any other position of
30 management or leadership, and the court further finds
31 that the felony committed was related to or in
32 furtherance of the criminal activities of an organized
33 gang or was motivated by the defendant's leadership in an
34 organized gang; or
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1 (9) When a defendant is convicted of a felony
2 violation of Section 24-1 of the Criminal Code of 1961
3 and the court finds that the defendant is a member of an
4 organized gang; or
5 (10) When a defendant committed the offense using a
6 firearm with a laser sight attached to it. For purposes
7 of this paragraph (10), "laser sight" has the meaning
8 ascribed to it in Section 24.6-5 of the Criminal Code of
9 1961; or.
10 (11) (10) When a defendant who was at least 17
11 years of age at the time of the commission of the offense
12 is convicted of a felony and has been previously
13 adjudicated a delinquent minor under the Juvenile Court
14 Act of 1987 for an act that if committed by an adult
15 would be a Class X or Class 1 felony when the conviction
16 has occurred within 10 years after the previous
17 adjudication, excluding time spent in custody.
18 (b-1) For the purposes of this Section, "organized gang"
19 has the meaning ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (c) The court may impose an extended term sentence under
22 Section 5-8-2 upon any offender who was convicted of
23 aggravated criminal sexual assault or predatory criminal
24 sexual assault of a child under subsection (a)(1) of Section
25 12-14.1 of the Criminal Code of 1961 where the victim was
26 under 18 years of age at the time of the commission of the
27 offense.
28 (d) The court may impose an extended term sentence under
29 Section 5-8-2 upon any offender who was convicted of unlawful
30 use of weapons under Section 24-1 of the Criminal Code of
31 1961 for possessing a weapon that is not readily
32 distinguishable as one of the weapons enumerated in Section
33 24-1 of the Criminal Code of 1961.
34 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
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1 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
2 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
3 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
4 revised 8-30-99.)
5 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
6 Sec. 5-6-3. Conditions of Probation and of Conditional
7 Discharge.
8 (a) The conditions of probation and of conditional
9 discharge shall be that the person:
10 (1) not violate any criminal statute of any
11 jurisdiction;
12 (2) report to or appear in person before such
13 person or agency as directed by the court;
14 (3) refrain from possessing a firearm or other
15 dangerous weapon;
16 (4) not leave the State without the consent of the
17 court or, in circumstances in which the reason for the
18 absence is of such an emergency nature that prior consent
19 by the court is not possible, without the prior
20 notification and approval of the person's probation
21 officer;
22 (5) permit the probation officer to visit him at
23 his home or elsewhere to the extent necessary to
24 discharge his duties;
25 (6) perform no less than 30 hours of community
26 service and not more than 120 hours of community service,
27 if community service is available in the jurisdiction and
28 is funded and approved by the county board where the
29 offense was committed, where the offense was related to
30 or in furtherance of the criminal activities of an
31 organized gang and was motivated by the offender's
32 membership in or allegiance to an organized gang. The
33 community service shall include, but not be limited to,
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1 the cleanup and repair of any damage caused by a
2 violation of Section 21-1.3 of the Criminal Code of 1961
3 and similar damage to property located within the
4 municipality or county in which the violation occurred.
5 When possible and reasonable, the community service
6 should be performed in the offender's neighborhood. For
7 purposes of this Section, "organized gang" has the
8 meaning ascribed to it in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act;
10 (7) if he or she is at least 17 years of age and
11 has been sentenced to probation or conditional discharge
12 for a misdemeanor or felony in a county of 3,000,000 or
13 more inhabitants and has not been previously convicted of
14 a misdemeanor or felony, may be required by the
15 sentencing court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward
18 passing the high school level Test of General Educational
19 Development (GED) or to work toward completing a
20 vocational training program approved by the court. The
21 person on probation or conditional discharge must attend
22 a public institution of education to obtain the
23 educational or vocational training required by this
24 clause (7). The court shall revoke the probation or
25 conditional discharge of a person who wilfully fails to
26 comply with this clause (7). The person on probation or
27 conditional discharge shall be required to pay for the
28 cost of the educational courses or GED test, if a fee is
29 charged for those courses or test. The court shall
30 resentence the offender whose probation or conditional
31 discharge has been revoked as provided in Section 5-6-4.
32 This clause (7) does not apply to a person who has a high
33 school diploma or has successfully passed the GED test.
34 This clause (7) does not apply to a person who is
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1 determined by the court to be developmentally disabled or
2 otherwise mentally incapable of completing the
3 educational or vocational program; and
4 (8) if convicted of possession of a substance
5 prohibited by the Cannabis Control Act or Illinois
6 Controlled Substances Act after a previous conviction or
7 disposition of supervision for possession of a substance
8 prohibited by the Cannabis Control Act or Illinois
9 Controlled Substances Act or after a sentence of
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act and
12 upon a finding by the court that the person is addicted,
13 undergo treatment at a substance abuse program approved
14 by the court.
15 (b) The Court may in addition to other reasonable
16 conditions relating to the nature of the offense or the
17 rehabilitation of the defendant as determined for each
18 defendant in the proper discretion of the Court require that
19 the person:
20 (1) serve a term of periodic imprisonment under
21 Article 7 for a period not to exceed that specified in
22 paragraph (d) of Section 5-7-1;
23 (2) pay a fine and costs;
24 (3) work or pursue a course of study or vocational
25 training;
26 (4) undergo medical, psychological or psychiatric
27 treatment; or treatment for drug addiction or alcoholism;
28 (5) attend or reside in a facility established for
29 the instruction or residence of defendants on probation;
30 (6) support his dependents;
31 (7) and in addition, if a minor:
32 (i) reside with his parents or in a foster
33 home;
34 (ii) attend school;
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1 (iii) attend a non-residential program for
2 youth;
3 (iv) contribute to his own support at home or
4 in a foster home;
5 (8) make restitution as provided in Section 5-5-6
6 of this Code;
7 (9) perform some reasonable public or community
8 service;
9 (10) serve a term of home confinement. In addition
10 to any other applicable condition of probation or
11 conditional discharge, the conditions of home confinement
12 shall be that the offender:
13 (i) remain within the interior premises of the
14 place designated for his confinement during the
15 hours designated by the court;
16 (ii) admit any person or agent designated by
17 the court into the offender's place of confinement
18 at any time for purposes of verifying the offender's
19 compliance with the conditions of his confinement;
20 and
21 (iii) if further deemed necessary by the court
22 or the Probation or Court Services Department, be
23 placed on an approved electronic monitoring device,
24 subject to Article 8A of Chapter V;
25 (iv) for persons convicted of any alcohol,
26 cannabis or controlled substance violation who are
27 placed on an approved monitoring device as a
28 condition of probation or conditional discharge, the
29 court shall impose a reasonable fee for each day of
30 the use of the device, as established by the county
31 board in subsection (g) of this Section, unless
32 after determining the inability of the offender to
33 pay the fee, the court assesses a lesser fee or no
34 fee as the case may be. This fee shall be imposed in
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1 addition to the fees imposed under subsections (g)
2 and (i) of this Section. The fee shall be collected
3 by the clerk of the circuit court. The clerk of the
4 circuit court shall pay all monies collected from
5 this fee to the county treasurer for deposit in the
6 substance abuse services fund under Section 5-1086.1
7 of the Counties Code; and
8 (v) for persons convicted of offenses other
9 than those referenced in clause (iv) above and who
10 are placed on an approved monitoring device as a
11 condition of probation or conditional discharge, the
12 court shall impose a reasonable fee for each day of
13 the use of the device, as established by the county
14 board in subsection (g) of this Section, unless
15 after determining the inability of the defendant to
16 pay the fee, the court assesses a lesser fee or no
17 fee as the case may be. This fee shall be imposed
18 in addition to the fees imposed under subsections
19 (g) and (i) of this Section. The fee shall be
20 collected by the clerk of the circuit court. The
21 clerk of the circuit court shall pay all monies
22 collected from this fee to the county treasurer who
23 shall use the monies collected to defray the costs
24 of corrections. The county treasurer shall deposit
25 the fee collected in the county working cash fund
26 under Section 6-27001 or Section 6-29002 of the
27 Counties Code, as the case may be.
28 (11) comply with the terms and conditions of an
29 order of protection issued by the court pursuant to the
30 Illinois Domestic Violence Act of 1986, as now or
31 hereafter amended. A copy of the order of protection
32 shall be transmitted to the probation officer or agency
33 having responsibility for the case;
34 (12) reimburse any "local anti-crime program" as
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1 defined in Section 7 of the Anti-Crime Advisory Council
2 Act for any reasonable expenses incurred by the program
3 on the offender's case, not to exceed the maximum amount
4 of the fine authorized for the offense for which the
5 defendant was sentenced;
6 (13) contribute a reasonable sum of money, not to
7 exceed the maximum amount of the fine authorized for the
8 offense for which the defendant was sentenced, to a
9 "local anti-crime program", as defined in Section 7 of
10 the Anti-Crime Advisory Council Act;
11 (14) refrain from entering into a designated
12 geographic area except upon such terms as the court finds
13 appropriate. Such terms may include consideration of the
14 purpose of the entry, the time of day, other persons
15 accompanying the defendant, and advance approval by a
16 probation officer, if the defendant has been placed on
17 probation or advance approval by the court, if the
18 defendant was placed on conditional discharge;
19 (15) refrain from having any contact, directly or
20 indirectly, with certain specified persons or particular
21 types of persons, including but not limited to members of
22 street gangs and drug users or dealers;
23 (16) refrain from having in his or her body the
24 presence of any illicit drug prohibited by the Cannabis
25 Control Act or the Illinois Controlled Substances Act,
26 unless prescribed by a physician, and submit samples of
27 his or her blood or urine or both for tests to determine
28 the presence of any illicit drug.
29 (c) The court may as a condition of probation or of
30 conditional discharge require that a person under 18 years of
31 age found guilty of any alcohol, cannabis or controlled
32 substance violation, refrain from acquiring a driver's
33 license during the period of probation or conditional
34 discharge. If such person is in possession of a permit or
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1 license, the court may require that the minor refrain from
2 driving or operating any motor vehicle during the period of
3 probation or conditional discharge, except as may be
4 necessary in the course of the minor's lawful employment.
5 (d) An offender sentenced to probation or to conditional
6 discharge shall be given a certificate setting forth the
7 conditions thereof.
8 (e) The court shall not require as a condition of the
9 sentence of probation or conditional discharge that the
10 offender be committed to a period of imprisonment in excess
11 of 6 months. This 6 month limit shall not include periods of
12 confinement given pursuant to a sentence of county impact
13 incarceration under Section 5-8-1.2.
14 Persons committed to imprisonment as a condition of
15 probation or conditional discharge shall not be committed to
16 the Department of Corrections.
17 (f) The court may combine a sentence of periodic
18 imprisonment under Article 7 or a sentence to a county impact
19 incarceration program under Article 8 with a sentence of
20 probation or conditional discharge.
21 (g) An offender sentenced to probation or to conditional
22 discharge and who during the term of either undergoes
23 mandatory drug or alcohol testing, or both, or is assigned to
24 be placed on an approved electronic monitoring device, shall
25 be ordered to pay all costs incidental to such mandatory drug
26 or alcohol testing, or both, and all costs incidental to such
27 approved electronic monitoring in accordance with the
28 defendant's ability to pay those costs. The county board
29 with the concurrence of the Chief Judge of the judicial
30 circuit in which the county is located shall establish
31 reasonable fees for the cost of maintenance, testing, and
32 incidental expenses related to the mandatory drug or alcohol
33 testing, or both, and all costs incidental to approved
34 electronic monitoring, involved in a successful probation
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1 program for the county. The concurrence of the Chief Judge
2 shall be in the form of an administrative order. The fees
3 shall be collected by the clerk of the circuit court. The
4 clerk of the circuit court shall pay all moneys collected
5 from these fees to the county treasurer who shall use the
6 moneys collected to defray the costs of drug testing, alcohol
7 testing, and electronic monitoring. The county treasurer
8 shall deposit the fees collected in the county working cash
9 fund under Section 6-27001 or Section 6-29002 of the Counties
10 Code, as the case may be.
11 (h) Jurisdiction over an offender may be transferred
12 from the sentencing court to the court of another circuit
13 with the concurrence of both courts, or to another state
14 under an Interstate Probation Reciprocal Agreement as
15 provided in Section 3-3-11. Further transfers or retransfers
16 of jurisdiction are also authorized in the same manner. The
17 court to which jurisdiction has been transferred shall have
18 the same powers as the sentencing court.
19 (i) The court shall impose upon an offender sentenced to
20 probation after January 1, 1989 or to conditional discharge
21 after January 1, 1992, as a condition of such probation or
22 conditional discharge, a fee of $25 for each month of
23 probation or conditional discharge supervision ordered by the
24 court, unless after determining the inability of the person
25 sentenced to probation or conditional discharge to pay the
26 fee, the court assesses a lesser fee. The court may not
27 impose the fee on a minor who is made a ward of the State
28 under the Juvenile Court Act of 1987 while the minor is in
29 placement. The fee shall be imposed only upon an offender who
30 is actively supervised by the probation and court services
31 department. The fee shall be collected by the clerk of the
32 circuit court. The clerk of the circuit court shall pay all
33 monies collected from this fee to the county treasurer for
34 deposit in the probation and court services fund under
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1 Section 15.1 of the Probation and Probation Officers Act.
2 (j) All fines and costs imposed under this Section for
3 any violation of Chapters 3, 4, 6, and 11 of the Illinois
4 Vehicle Code, or a similar provision of a local ordinance,
5 and any violation of the Child Passenger Protection Act, or a
6 similar provision of a local ordinance, shall be collected
7 and disbursed by the circuit clerk as provided under Section
8 27.5 of the Clerks of Courts Act.
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; 91-325, eff.
11 7-29-99.)
12 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
13 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
14 (a) When a defendant is placed on supervision, the court
15 shall enter an order for supervision specifying the period of
16 such supervision, and shall defer further proceedings in the
17 case until the conclusion of the period.
18 (b) The period of supervision shall be reasonable under
19 all of the circumstances of the case, but may not be longer
20 than 2 years, unless the defendant has failed to pay the
21 assessment required by Section 10.3 of the Cannabis Control
22 Act or Section 411.2 of the Illinois Controlled Substances
23 Act, in which case the court may extend supervision beyond 2
24 years. Additionally, the court shall order the defendant to
25 perform no less than 30 hours of community service and not
26 more than 120 hours of community service, if community
27 service is available in the jurisdiction and is funded and
28 approved by the county board where the offense was committed,
29 when the offense (1) was related to or in furtherance of the
30 criminal activities of an organized gang or was motivated by
31 the defendant's membership in or allegiance to an organized
32 gang; or (2) is a violation of any Section of Article 24 of
33 the Criminal Code of 1961 where a disposition of supervision
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1 is not prohibited by Section 5-6-1 of this Code. The
2 community service shall include, but not be limited to, the
3 cleanup and repair of any damage caused by violation of
4 Section 21-1.3 of the Criminal Code of 1961 and similar
5 damages to property located within the municipality or county
6 in which the violation occurred. Where possible and
7 reasonable, the community service should be performed in the
8 offender's neighborhood.
9 For the purposes of this Section, "organized gang" has
10 the meaning ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (c) The court may in addition to other reasonable
13 conditions relating to the nature of the offense or the
14 rehabilitation of the defendant as determined for each
15 defendant in the proper discretion of the court require that
16 the person:
17 (1) make a report to and appear in person before or
18 participate with the court or such courts, person, or
19 social service agency as directed by the court in the
20 order of supervision;
21 (2) pay a fine and costs;
22 (3) work or pursue a course of study or vocational
23 training;
24 (4) undergo medical, psychological or psychiatric
25 treatment; or treatment for drug addiction or alcoholism;
26 (5) attend or reside in a facility established for
27 the instruction or residence of defendants on probation;
28 (6) support his dependents;
29 (7) refrain from possessing a firearm or other
30 dangerous weapon;
31 (8) and in addition, if a minor:
32 (i) reside with his parents or in a foster
33 home;
34 (ii) attend school;
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1 (iii) attend a non-residential program for
2 youth;
3 (iv) contribute to his own support at home or
4 in a foster home; and
5 (9) make restitution or reparation in an amount not
6 to exceed actual loss or damage to property and pecuniary
7 loss or make restitution under Section 5-5-6 to a
8 domestic violence shelter. The court shall determine the
9 amount and conditions of payment;
10 (10) perform some reasonable public or community
11 service;
12 (11) comply with the terms and conditions of an
13 order of protection issued by the court pursuant to the
14 Illinois Domestic Violence Act of 1986. If the court has
15 ordered the defendant to make a report and appear in
16 person under paragraph (1) of this subsection, a copy of
17 the order of protection shall be transmitted to the
18 person or agency so designated by the court;
19 (12) reimburse any "local anti-crime program" as
20 defined in Section 7 of the Anti-Crime Advisory Council
21 Act for any reasonable expenses incurred by the program
22 on the offender's case, not to exceed the maximum amount
23 of the fine authorized for the offense for which the
24 defendant was sentenced;
25 (13) contribute a reasonable sum of money, not to
26 exceed the maximum amount of the fine authorized for the
27 offense for which the defendant was sentenced, to a
28 "local anti-crime program", as defined in Section 7 of
29 the Anti-Crime Advisory Council Act;
30 (14) refrain from entering into a designated
31 geographic area except upon such terms as the court finds
32 appropriate. Such terms may include consideration of the
33 purpose of the entry, the time of day, other persons
34 accompanying the defendant, and advance approval by a
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1 probation officer;
2 (15) refrain from having any contact, directly or
3 indirectly, with certain specified persons or particular
4 types of person, including but not limited to members of
5 street gangs and drug users or dealers;
6 (16) refrain from having in his or her body the
7 presence of any illicit drug prohibited by the Cannabis
8 Control Act or the Illinois Controlled Substances Act,
9 unless prescribed by a physician, and submit samples of
10 his or her blood or urine or both for tests to determine
11 the presence of any illicit drug;
12 (17) refrain from operating any motor vehicle not
13 equipped with an ignition interlock device as defined in
14 Section 1-129.1 of the Illinois Vehicle Code. Under this
15 condition the court may allow a defendant who is not
16 self-employed to operate a vehicle owned by the
17 defendant's employer that is not equipped with an
18 ignition interlock device in the course and scope of the
19 defendant's employment.
20 (d) The court shall defer entering any judgment on the
21 charges until the conclusion of the supervision.
22 (e) At the conclusion of the period of supervision, if
23 the court determines that the defendant has successfully
24 complied with all of the conditions of supervision, the court
25 shall discharge the defendant and enter a judgment dismissing
26 the charges.
27 (f) Discharge and dismissal upon a successful conclusion
28 of a disposition of supervision shall be deemed without
29 adjudication of guilt and shall not be termed a conviction
30 for purposes of disqualification or disabilities imposed by
31 law upon conviction of a crime. Two years after the
32 discharge and dismissal under this Section, unless the
33 disposition of supervision was for a violation of Sections
34 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
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1 Vehicle Code or a similar provision of a local ordinance, or
2 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
3 Code of 1961, in which case it shall be 5 years after
4 discharge and dismissal, a person may have his record of
5 arrest sealed or expunged as may be provided by law.
6 However, any defendant placed on supervision before January
7 1, 1980, may move for sealing or expungement of his arrest
8 record, as provided by law, at any time after discharge and
9 dismissal under this Section. A person placed on supervision
10 for a sexual offense committed against a minor as defined in
11 subsection (g) of Section 5 of the Criminal Identification
12 Act or for a violation of Section 11-501 of the Illinois
13 Vehicle Code or a similar provision of a local ordinance
14 shall not have his or her record of arrest sealed or
15 expunged.
16 (g) A defendant placed on supervision and who during the
17 period of supervision undergoes mandatory drug or alcohol
18 testing, or both, or is assigned to be placed on an approved
19 electronic monitoring device, shall be ordered to pay the
20 costs incidental to such mandatory drug or alcohol testing,
21 or both, and costs incidental to such approved electronic
22 monitoring in accordance with the defendant's ability to pay
23 those costs. The county board with the concurrence of the
24 Chief Judge of the judicial circuit in which the county is
25 located shall establish reasonable fees for the cost of
26 maintenance, testing, and incidental expenses related to the
27 mandatory drug or alcohol testing, or both, and all costs
28 incidental to approved electronic monitoring, of all
29 defendants placed on supervision. The concurrence of the
30 Chief Judge shall be in the form of an administrative order.
31 The fees shall be collected by the clerk of the circuit
32 court. The clerk of the circuit court shall pay all moneys
33 collected from these fees to the county treasurer who shall
34 use the moneys collected to defray the costs of drug testing,
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1 alcohol testing, and electronic monitoring. The county
2 treasurer shall deposit the fees collected in the county
3 working cash fund under Section 6-27001 or Section 6-29002 of
4 the Counties Code, as the case may be.
5 (h) A disposition of supervision is a final order for
6 the purposes of appeal.
7 (i) The court shall impose upon a defendant placed on
8 supervision after January 1, 1992, as a condition of
9 supervision, a fee of $25 for each month of supervision
10 ordered by the court, unless after determining the inability
11 of the person placed on supervision to pay the fee, the court
12 assesses a lesser fee. The court may not impose the fee on a
13 minor who is made a ward of the State under the Juvenile
14 Court Act of 1987 while the minor is in placement. The fee
15 shall be imposed only upon a defendant who is actively
16 supervised by the probation and court services department.
17 The fee shall be collected by the clerk of the circuit court.
18 The clerk of the circuit court shall pay all monies collected
19 from this fee to the county treasurer for deposit in the
20 probation and court services fund pursuant to Section 15.1 of
21 the Probation and Probation Officers Act.
22 (j) All fines and costs imposed under this Section for
23 any violation of Chapters 3, 4, 6, and 11 of the Illinois
24 Vehicle Code, or a similar provision of a local ordinance,
25 and any violation of the Child Passenger Protection Act, or a
26 similar provision of a local ordinance, shall be collected
27 and disbursed by the circuit clerk as provided under Section
28 27.5 of the Clerks of Courts Act.
29 (k) A defendant at least 17 years of age who is placed
30 on supervision for a misdemeanor in a county of 3,000,000 or
31 more inhabitants and who has not been previously convicted of
32 a misdemeanor or felony may as a condition of his or her
33 supervision be required by the court to attend educational
34 courses designed to prepare the defendant for a high school
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1 diploma and to work toward a high school diploma or to work
2 toward passing the high school level Test of General
3 Educational Development (GED) or to work toward completing a
4 vocational training program approved by the court. The
5 defendant placed on supervision must attend a public
6 institution of education to obtain the educational or
7 vocational training required by this subsection (k). The
8 defendant placed on supervision shall be required to pay for
9 the cost of the educational courses or GED test, if a fee is
10 charged for those courses or test. The court shall revoke
11 the supervision of a person who wilfully fails to comply with
12 this subsection (k). The court shall resentence the
13 defendant upon revocation of supervision as provided in
14 Section 5-6-4. This subsection (k) does not apply to a
15 defendant who has a high school diploma or has successfully
16 passed the GED test. This subsection (k) does not apply to a
17 defendant who is determined by the court to be
18 developmentally disabled or otherwise mentally incapable of
19 completing the educational or vocational program.
20 (l) The court shall require a defendant placed on
21 supervision for possession of a substance prohibited by the
22 Cannabis Control Act or Illinois Controlled Substances Act
23 after a previous conviction or disposition of supervision for
24 possession of a substance prohibited by the Cannabis Control
25 Act or Illinois Controlled Substances Act or a sentence of
26 probation under Section 10 of the Cannabis Control Act or
27 Section 410 of the Illinois Controlled Substances Act and
28 after a finding by the court that the person is addicted, to
29 undergo treatment at a substance abuse program approved by
30 the court.
31 (m) The court shall require a defendant placed on
32 supervision for a violation of Section 3-707 of the Illinois
33 Vehicle Code or a similar provision of a local ordinance, as
34 a condition of supervision, to give proof of his or her
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1 financial responsibility as defined in Section 7-315 of the
2 Illinois Vehicle Code. The proof shall be maintained by the
3 defendant in a manner satisfactory to the Secretary of State
4 for a minimum period of one year after the date the proof is
5 first filed. The Secretary of State shall suspend the
6 driver's license of any person determined by the Secretary to
7 be in violation of this subsection.
8 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
9 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
10 1-1-99; 91-127, eff. 1-1-00.)
11 ARTICLE 20. ALCOHOL ABUSE
12 Section 20-900. The Illinois Vehicle Code is amended by
13 re-enacting Sections 6-303 and 11-501 as follows:
14 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
15 Sec. 6-303. Driving while driver's license, permit or
16 privilege to operate a motor vehicle is suspended or revoked.
17 (a) Any person who drives or is in actual physical
18 control of a motor vehicle on any highway of this State at a
19 time when such person's driver's license, permit or privilege
20 to do so or the privilege to obtain a driver's license or
21 permit is revoked or suspended as provided by this Code or
22 the law of another state, except as may be specifically
23 allowed by a judicial driving permit, family financial
24 responsibility driving permit, probationary license to drive,
25 or a restricted driving permit issued pursuant to this Code
26 or under the law of another state, shall be guilty of a Class
27 A misdemeanor.
28 (b) The Secretary of State upon receiving a report of
29 the conviction of any violation indicating a person was
30 operating a motor vehicle during the time when said person's
31 driver's license, permit or privilege was suspended by the
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1 Secretary, by the appropriate authority of another state, or
2 pursuant to Section 11-501.1; except as may be specifically
3 allowed by a probationary license to drive, judicial driving
4 permit or restricted driving permit issued pursuant to this
5 Code or the law of another state; shall extend the suspension
6 for the same period of time as the originally imposed
7 suspension; however, if the period of suspension has then
8 expired, the Secretary shall be authorized to suspend said
9 person's driving privileges for the same period of time as
10 the originally imposed suspension; and if the conviction was
11 upon a charge which indicated that a vehicle was operated
12 during the time when the person's driver's license, permit or
13 privilege was revoked; except as may be allowed by a
14 restricted driving permit issued pursuant to this Code or the
15 law of another state; the Secretary shall not issue a
16 driver's license for an additional period of one year from
17 the date of such conviction indicating such person was
18 operating a vehicle during such period of revocation.
19 (c) Any person convicted of violating this Section shall
20 serve a minimum term of imprisonment of 7 consecutive days or
21 30 days of community service when the person's driving
22 privilege was revoked or suspended as a result of:
23 (1) a violation of Section 11-501 of this Code or a
24 similar provision of a local ordinance relating to the
25 offense of operating or being in physical control of a
26 vehicle while under the influence of alcohol, any other
27 drug or any combination thereof; or
28 (2) a violation of paragraph (b) of Section 11-401
29 of this Code or a similar provision of a local ordinance
30 relating to the offense of leaving the scene of a motor
31 vehicle accident involving personal injury or death; or
32 (3) a violation of Section 9-3 of the Criminal Code
33 of 1961, as amended, relating to the offense of reckless
34 homicide; or
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1 (4) a statutory summary suspension under Section
2 11-501.1 of this Code.
3 Such sentence of imprisonment or community service shall
4 not be subject to suspension in order to reduce such
5 sentence.
6 (d) Any person convicted of a second or subsequent
7 violation of this Section shall be guilty of a Class 4 felony
8 if the original revocation or suspension was for a violation
9 of Section 11-401 or 11-501 of this Code, or a similar
10 out-of-state offense, or a similar provision of a local
11 ordinance, a violation of Section 9-3 of the Criminal Code of
12 1961, relating to the offense of reckless homicide, or a
13 similar out-of-state offense, or a statutory summary
14 suspension under Section 11-501.1 of this Code.
15 (e) Any person in violation of this Section who is also
16 in violation of Section 7-601 of this Code relating to
17 mandatory insurance requirements, in addition to other
18 penalties imposed under this Section, shall have his or her
19 motor vehicle immediately impounded by the arresting law
20 enforcement officer. The motor vehicle may be released to
21 any licensed driver upon a showing of proof of insurance for
22 the vehicle that was impounded and the notarized written
23 consent for the release by the vehicle owner.
24 (f) For any prosecution under this Section, a certified
25 copy of the driving abstract of the defendant shall be
26 admitted as proof of any prior conviction.
27 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
28 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
29 90-738, eff. 1-1-99.)
30 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
31 Sec. 11-501. Driving while under the influence of
32 alcohol, other drug or drugs, intoxicating compound or
33 compounds or any combination thereof.
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1 (a) A person shall not drive or be in actual physical
2 control of any vehicle within this State while:
3 (1) the alcohol concentration in the person's blood
4 or breath is 0.08 or more based on the definition of
5 blood and breath units in Section 11-501.2;
6 (2) under the influence of alcohol;
7 (3) under the influence of any intoxicating
8 compound or combination of intoxicating compounds to a
9 degree that renders the person incapable of driving
10 safely;
11 (4) under the influence of any other drug or
12 combination of drugs to a degree that renders the person
13 incapable of safely driving;
14 (5) under the combined influence of alcohol, other
15 drug or drugs, or intoxicating compound or compounds to a
16 degree that renders the person incapable of safely
17 driving; or
18 (6) there is any amount of a drug, substance, or
19 compound in the person's breath, blood, or urine
20 resulting from the unlawful use or consumption of
21 cannabis listed in the Cannabis Control Act, a controlled
22 substance listed in the Illinois Controlled Substances
23 Act, or an intoxicating compound listed in the Use of
24 Intoxicating Compounds Act.
25 (b) The fact that any person charged with violating this
26 Section is or has been legally entitled to use alcohol, other
27 drug or drugs, or intoxicating compound or compounds, or any
28 combination thereof, shall not constitute a defense against
29 any charge of violating this Section.
30 (c) Except as provided under paragraphs (c-3) and (d) of
31 this Section, every person convicted of violating this
32 Section or a similar provision of a local ordinance, shall be
33 guilty of a Class A misdemeanor and, in addition to any other
34 criminal or administrative action, for any second conviction
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1 of violating this Section or a similar provision of a law of
2 another state or local ordinance committed within 5 years of
3 a previous violation of this Section or a similar provision
4 of a local ordinance shall be mandatorily sentenced to a
5 minimum of 48 consecutive hours of imprisonment or assigned
6 to a minimum of 100 hours of community service as may be
7 determined by the court. Every person convicted of violating
8 this Section or a similar provision of a local ordinance
9 shall be subject to a mandatory minimum fine of $500 and a
10 mandatory 5 days of community service in a program benefiting
11 children if the person committed a violation of paragraph (a)
12 or a similar provision of a local ordinance while
13 transporting a person under age 16. Every person convicted a
14 second time for violating this Section or a similar provision
15 of a local ordinance within 5 years of a previous violation
16 of this Section or a similar provision of a law of another
17 state or local ordinance shall be subject to a mandatory
18 minimum fine of $500 and 10 days of mandatory community
19 service in a program benefiting children if the current
20 offense was committed while transporting a person under age
21 16. The imprisonment or assignment under this subsection
22 shall not be subject to suspension nor shall the person be
23 eligible for probation in order to reduce the sentence or
24 assignment.
25 (c-1) (1) A person who violates this Section during a
26 period in which his or her driving privileges are revoked
27 or suspended, where the revocation or suspension was for
28 a violation of this Section, Section 11-501.1, paragraph
29 (b) of Section 11-401, or Section 9-3 of the Criminal
30 Code of 1961 is guilty of a Class 4 felony.
31 (2) A person who violates this Section a third time
32 during a period in which his or her driving privileges
33 are revoked or suspended where the revocation or
34 suspension was for a violation of this Section, Section
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1 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
2 of the Criminal Code of 1961 is guilty of a Class 3
3 felony.
4 (3) A person who violates this Section a fourth or
5 subsequent time during a period in which his or her
6 driving privileges are revoked or suspended where the
7 revocation or suspension was for a violation of this
8 Section, Section 11-501.1, paragraph (b) of Section
9 11-401, or Section 9-3 of the Criminal Code of 1961 is
10 guilty of a Class 2 felony.
11 (c-2) (Blank).
12 (c-3) Every person convicted of violating this Section
13 or a similar provision of a local ordinance who had a child
14 under age 16 in the vehicle at the time of the offense shall
15 have his or her punishment under this Act enhanced by 2 days
16 of imprisonment for a first offense, 10 days of imprisonment
17 for a second offense, 30 days of imprisonment for a third
18 offense, and 90 days of imprisonment for a fourth or
19 subsequent offense, in addition to the fine and community
20 service required under subsection (c) and the possible
21 imprisonment required under subsection (d). The imprisonment
22 or assignment under this subsection shall not be subject to
23 suspension nor shall the person be eligible for probation in
24 order to reduce the sentence or assignment.
25 (d) (1) Every person convicted of committing a violation
26 of this Section shall be guilty of aggravated driving under
27 the influence of alcohol, other drug or drugs, or
28 intoxicating compound or compounds, or any combination
29 thereof if:
30 (A) the person committed a violation of this
31 Section, or a similar provision of a law of another state
32 or a local ordinance when the cause of action is the same
33 as or substantially similar to this Section, for the
34 third or subsequent time;
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1 (B) the person committed a violation of paragraph
2 (a) while driving a school bus with children on board;
3 (C) the person in committing a violation of
4 paragraph (a) was involved in a motor vehicle accident
5 that resulted in great bodily harm or permanent
6 disability or disfigurement to another, when the
7 violation was a proximate cause of the injuries; or
8 (D) the person committed a violation of paragraph
9 (a) for a second time and has been previously convicted
10 of violating Section 9-3 of the Criminal Code of 1961
11 relating to reckless homicide in which the person was
12 determined to have been under the influence of alcohol,
13 other drug or drugs, or intoxicating compound or
14 compounds as an element of the offense or the person has
15 previously been convicted under subparagraph (C) of this
16 paragraph (1).
17 (2) Aggravated driving under the influence of alcohol,
18 other drug or drugs, or intoxicating compound or compounds,
19 or any combination thereof is a Class 4 felony for which a
20 person, if sentenced to a term of imprisonment, shall be
21 sentenced to not less than one year and not more than 3 years
22 for a violation of subparagraph (A), (B) or (D) of paragraph
23 (1) of this subsection (d) and not less than one year and not
24 more than 12 years for a violation of subparagraph (C) of
25 paragraph (1) of this subsection (d). For any prosecution
26 under this subsection (d), a certified copy of the driving
27 abstract of the defendant shall be admitted as proof of any
28 prior conviction.
29 (e) After a finding of guilt and prior to any final
30 sentencing, or an order for supervision, for an offense based
31 upon an arrest for a violation of this Section or a similar
32 provision of a local ordinance, individuals shall be required
33 to undergo a professional evaluation to determine if an
34 alcohol, drug, or intoxicating compound abuse problem exists
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1 and the extent of the problem. Programs conducting these
2 evaluations shall be licensed by the Department of Human
3 Services. The cost of any professional evaluation shall be
4 paid for by the individual required to undergo the
5 professional evaluation.
6 (f) Every person found guilty of violating this Section,
7 whose operation of a motor vehicle while in violation of this
8 Section proximately caused any incident resulting in an
9 appropriate emergency response, shall be liable for the
10 expense of an emergency response as provided under Section
11 5-5-3 of the Unified Code of Corrections.
12 (g) The Secretary of State shall revoke the driving
13 privileges of any person convicted under this Section or a
14 similar provision of a local ordinance.
15 (h) Every person sentenced under subsection (d) of this
16 Section and who receives a term of probation or conditional
17 discharge shall be required to serve a minimum term of either
18 30 days community service or, beginning July 1, 1993, 48
19 consecutive hours of imprisonment as a condition of the
20 probation or conditional discharge. This mandatory minimum
21 term of imprisonment or assignment of community service shall
22 not be suspended and shall not be subject to reduction by the
23 court.
24 (i) The Secretary of State may use ignition interlock
25 device requirements when granting driving relief to
26 individuals who have been arrested for a second or subsequent
27 offense of this Section or a similar provision of a local
28 ordinance. The Secretary shall establish by rule and
29 regulation the procedures for use of the interlock system.
30 (j) In addition to any other penalties and liabilities,
31 a person who is found guilty of violating this Section shall
32 be fined $100, payable to the circuit clerk, who shall
33 distribute the money to the law enforcement agency that made
34 the arrest. In the event that more than one agency is
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1 responsible for the arrest, the $100 shall be shared equally.
2 Any moneys received by a law enforcement agency under this
3 subsection (j) shall be used to purchase law enforcement
4 equipment that will assist in the prevention of alcohol
5 related criminal violence throughout the State. This shall
6 include, but is not limited to, in-car video cameras, radar
7 and laser speed detection devices, and alcohol breath
8 testers.
9 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
10 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
11 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
12 eff. 7-29-99.)
13 ARTICLE 25. DRUG ABUSE
14 Section 25-10. The Cannabis Control Act is amended by
15 re-enacting Section 10 as follows:
16 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
17 Sec. 10. (a) Whenever any person who has not previously
18 been convicted of, or placed on probation or court
19 supervision for, any offense under this Act or any law of the
20 United States or of any State relating to cannabis, or
21 controlled substances as defined in the Illinois Controlled
22 Substances Act, pleads guilty to or is found guilty of
23 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
24 or 8 of this Act, the court may, without entering a judgment
25 and with the consent of such person, sentence him to
26 probation.
27 (b) When a person is placed on probation, the court
28 shall enter an order specifying a period of probation of 24
29 months, and shall defer further proceedings in the case until
30 the conclusion of the period or until the filing of a
31 petition alleging violation of a term or condition of
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1 probation.
2 (c) The conditions of probation shall be that the
3 person: (1) not violate any criminal statute of any
4 jurisdiction; (2) refrain from possession of a firearm or
5 other dangerous weapon; (3) submit to periodic drug testing
6 at a time and in a manner as ordered by the court, but no
7 less than 3 times during the period of the probation, with
8 the cost of the testing to be paid by the probationer; and
9 (4) perform no less than 30 hours of community service,
10 provided community service is available in the jurisdiction
11 and is funded and approved by the county board.
12 (d) The court may, in addition to other conditions,
13 require that the person:
14 (1) make a report to and appear in person before or
15 participate with the court or such courts, person, or
16 social service agency as directed by the court in the
17 order of probation;
18 (2) pay a fine and costs;
19 (3) work or pursue a course of study or vocational
20 training;
21 (4) undergo medical or psychiatric treatment; or
22 treatment for drug addiction or alcoholism;
23 (5) attend or reside in a facility established for
24 the instruction or residence of defendants on probation;
25 (6) support his dependents;
26 (7) refrain from possessing a firearm or other
27 dangerous weapon;
28 (7-5) refrain from having in his or her body the
29 presence of any illicit drug prohibited by the Cannabis
30 Control Act or the Illinois Controlled Substances Act,
31 unless prescribed by a physician, and submit samples of
32 his or her blood or urine or both for tests to determine
33 the presence of any illicit drug;
34 (8) and in addition, if a minor:
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1 (i) reside with his parents or in a foster
2 home;
3 (ii) attend school;
4 (iii) attend a non-residential program for
5 youth;
6 (iv) contribute to his own support at home or
7 in a foster home.
8 (e) Upon violation of a term or condition of probation,
9 the court may enter a judgment on its original finding of
10 guilt and proceed as otherwise provided.
11 (f) Upon fulfillment of the terms and conditions of
12 probation, the court shall discharge such person and dismiss
13 the proceedings against him.
14 (g) A disposition of probation is considered to be a
15 conviction for the purposes of imposing the conditions of
16 probation and for appeal, however, discharge and dismissal
17 under this Section is not a conviction for purposes of
18 disqualification or disabilities imposed by law upon
19 conviction of a crime (including the additional penalty
20 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
21 (c) or 5 (d) of this Act).
22 (h) Discharge and dismissal under this Section or under
23 Section 410 of the Illinois Controlled Substances Act may
24 occur only once with respect to any person.
25 (i) If a person is convicted of an offense under this
26 Act or the Illinois Controlled Substances Act within 5 years
27 subsequent to a discharge and dismissal under this Section,
28 the discharge and dismissal under this Section shall be
29 admissible in the sentencing proceeding for that conviction
30 as a factor in aggravation.
31 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
32 Section 25-15. The Illinois Controlled Substances Act is
33 amended by re-enacting Section 410 as follows:
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1 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
2 Sec. 410. (a) Whenever any person who has not previously
3 been convicted of, or placed on probation or court
4 supervision for any offense under this Act or any law of the
5 United States or of any State relating to cannabis or
6 controlled substances, pleads guilty to or is found guilty of
7 possession of a controlled or counterfeit substance under
8 subsection (c) of Section 402, the court, without entering a
9 judgment and with the consent of such person, may sentence
10 him to probation.
11 (b) When a person is placed on probation, the court
12 shall enter an order specifying a period of probation of 24
13 months and shall defer further proceedings in the case until
14 the conclusion of the period or until the filing of a
15 petition alleging violation of a term or condition of
16 probation.
17 (c) The conditions of probation shall be that the
18 person: (1) not violate any criminal statute of any
19 jurisdiction; (2) refrain from possessing a firearm or other
20 dangerous weapon; (3) submit to periodic drug testing at a
21 time and in a manner as ordered by the court, but no less
22 than 3 times during the period of the probation, with the
23 cost of the testing to be paid by the probationer; and (4)
24 perform no less than 30 hours of community service, provided
25 community service is available in the jurisdiction and is
26 funded and approved by the county board.
27 (d) The court may, in addition to other conditions,
28 require that the person:
29 (1) make a report to and appear in person before or
30 participate with the court or such courts, person, or
31 social service agency as directed by the court in the
32 order of probation;
33 (2) pay a fine and costs;
34 (3) work or pursue a course of study or vocational
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1 training;
2 (4) undergo medical or psychiatric treatment; or
3 treatment or rehabilitation approved by the Illinois
4 Department of Human Services;
5 (5) attend or reside in a facility established for
6 the instruction or residence of defendants on probation;
7 (6) support his dependents;
8 (6-5) refrain from having in his or her body the
9 presence of any illicit drug prohibited by the Cannabis
10 Control Act or the Illinois Controlled Substances Act,
11 unless prescribed by a physician, and submit samples of
12 his or her blood or urine or both for tests to determine
13 the presence of any illicit drug;
14 (7) and in addition, if a minor:
15 (i) reside with his parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for
19 youth;
20 (iv) contribute to his own support at home or
21 in a foster home.
22 (e) Upon violation of a term or condition of probation,
23 the court may enter a judgment on its original finding of
24 guilt and proceed as otherwise provided.
25 (f) Upon fulfillment of the terms and conditions of
26 probation, the court shall discharge the person and dismiss
27 the proceedings against him.
28 (g) A disposition of probation is considered to be a
29 conviction for the purposes of imposing the conditions of
30 probation and for appeal, however, discharge and dismissal
31 under this Section is not a conviction for purposes of this
32 Act or for purposes of disqualifications or disabilities
33 imposed by law upon conviction of a crime.
34 (h) There may be only one discharge and dismissal under
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1 this Section or Section 10 of the Cannabis Control Act with
2 respect to any person.
3 (i) If a person is convicted of an offense under this
4 Act or the Cannabis Control Act within 5 years subsequent to
5 a discharge and dismissal under this Section, the discharge
6 and dismissal under this Section shall be admissible in the
7 sentencing proceeding for that conviction as evidence in
8 aggravation.
9 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
10 7-1-97.)
11 ARTICLE 30. FIREARMS
12 Section 30-905. The Criminal Code of 1961 is amended by
13 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
14 (720 ILCS 5/24-3A)
15 Sec. 24-3A. Gunrunning.
16 (a) A person commits gunrunning when he or she transfers
17 3 or more firearms in violation of any of the paragraphs of
18 Section 24-3 of this Code.
19 (b) Sentence. A person who commits gunrunning is guilty
20 of a Class 1 felony. A person who commits gunrunning by
21 transferring firearms to a person who, at the time of the
22 commission of the offense, is under 18 years of age is guilty
23 of a Class X felony.
24 (Source: P.A. 91-13, eff. 1-1-00.)
25 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
26 Sec. 24-5. Defacing identification marks of firearms.
27 (a) Any person who shall knowingly or intentionally
28 change, alter, remove or obliterate the name of the maker,
29 model, manufacturer's number or other mark of identification
30 of any firearm commits a Class 2 felony.
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1 (b) Possession of any firearm upon which any such mark
2 shall have been changed, altered, removed or obliterated
3 shall be prima facie evidence that the possessor has changed,
4 altered, removed or obliterated the same.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
7 Sec. 24-6. Confiscation and disposition of weapons.
8 (a) Upon conviction of an offense in which a weapon was
9 used or possessed by the offender, any weapon seized shall be
10 confiscated by the trial court.
11 (b) Any stolen weapon so confiscated, when no longer
12 needed for evidentiary purposes, shall be returned to the
13 person entitled to possession, if known. After the
14 disposition of a criminal case or in any criminal case where
15 a final judgment in the case was not entered due to the death
16 of the defendant, and when a confiscated weapon is no longer
17 needed for evidentiary purposes, and when in due course no
18 legitimate claim has been made for the weapon, the court may
19 transfer the weapon to the sheriff of the county who may
20 proceed to destroy it, or may in its discretion order the
21 weapon preserved as property of the governmental body whose
22 police agency seized the weapon, or may in its discretion
23 order the weapon to be transferred to the Department of State
24 Police for use by the crime laboratory system, for training
25 purposes, or for any other application as deemed appropriate
26 by the Department. If, after the disposition of a criminal
27 case, a need still exists for the use of the confiscated
28 weapon for evidentiary purposes, the court may transfer the
29 weapon to the custody of the State Department of Corrections
30 for preservation. The court may not order the transfer of
31 the weapon to any private individual or private organization
32 other than to return a stolen weapon to its rightful owner.
33 The provisions of this Section shall not apply to
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1 violations of the Fish and Aquatic Life Code or the Wildlife
2 Code. Confiscation of weapons for Fish and Aquatic Life Code
3 and Wildlife Code violations shall be only as provided in
4 those Codes.
5 (c) Any mental hospital that admits a person as an
6 inpatient pursuant to any of the provisions of the Mental
7 Health and Developmental Disabilities Code shall confiscate
8 any firearms in the possession of that person at the time of
9 admission, or at any time the firearms are discovered in the
10 person's possession during the course of hospitalization. The
11 hospital shall, as soon as possible following confiscation,
12 transfer custody of the firearms to the appropriate law
13 enforcement agency. The hospital shall give written notice to
14 the person from whom the firearm was confiscated of the
15 identity and address of the law enforcement agency to which
16 it has given the firearm.
17 The law enforcement agency shall maintain possession of
18 any firearm it obtains pursuant to this subsection for a
19 minimum of 90 days. Thereafter, the firearm may be disposed
20 of pursuant to the provisions of subsection (b) of this
21 Section.
22 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
23 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
24 Sec. 32-10. Violation of bail bond.
25 (a) Whoever, having been admitted to bail for appearance
26 before any court of this State, incurs a forfeiture of the
27 bail and willfully fails to surrender himself within 30 days
28 following the date of such forfeiture, commits, if the bail
29 was given in connection with a charge of felony or pending
30 appeal or certiorari after conviction of any offense, a
31 felony of the next lower Class or a Class A misdemeanor if
32 the underlying offense was a Class 4 felony; or, if the bail
33 was given in connection with a charge of committing a
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1 misdemeanor, or for appearance as a witness, commits a
2 misdemeanor of the next lower Class, but not less than a
3 Class C misdemeanor.
4 (a-5) Any person who violates a condition of bail bond
5 by possessing a firearm in violation of his or her conditions
6 of bail commits a Class 4 felony for a first violation and a
7 Class 3 felony for a second violation.
8 (b) Whoever, having been admitted to bail for appearance
9 before any court of this State, while charged with a criminal
10 offense in which the victim is a family or household member
11 as defined in Article 112A of the Code of Criminal Procedure
12 of 1963, knowingly violates a condition of that release as
13 set forth in Section 110-10, subsection (d) of the Code of
14 Criminal Procedure of 1963, commits a Class A misdemeanor.
15 (c) Whoever, having been admitted to bail for appearance
16 before any court of this State for a felony, Class A
17 misdemeanor or a criminal offense in which the victim is a
18 family or household member as defined in Article 112A of the
19 Code of Criminal Procedure of 1963, is charged with any other
20 felony, Class A misdemeanor, or a criminal offense in which
21 the victim is a family or household member as defined in
22 Article 112A of the Code of Criminal Procedure of 1963 while
23 on such release, must appear before the court before bail is
24 statutorily set.
25 (d) Nothing in this Section shall interfere with or
26 prevent the exercise by any court of its power to punishment
27 for contempt. Any sentence imposed for violation of this
28 Section shall be served consecutive to the sentence imposed
29 for the charge for which bail had been granted and with
30 respect to which the defendant has been convicted.
31 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
32 7-21-95.)
33 Section 15-910. The Code of Criminal Procedure of 1963
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1 is amended by re-enacting Section 110-10 as follows:
2 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
3 Sec. 110-10. Conditions of bail bond.
4 (a) If a person is released prior to conviction, either
5 upon payment of bail security or on his or her own
6 recognizance, the conditions of the bail bond shall be that
7 he or she will:
8 (1) Appear to answer the charge in the court having
9 jurisdiction on a day certain and thereafter as ordered
10 by the court until discharged or final order of the
11 court;
12 (2) Submit himself or herself to the orders and
13 process of the court;
14 (3) Not depart this State without leave of the
15 court;
16 (4) Not violate any criminal statute of any
17 jurisdiction;
18 (5) At a time and place designated by the court,
19 surrender all firearms in his or her possession to a law
20 enforcement officer designated by the court to take
21 custody of and impound the firearms when the offense the
22 person has been charged with is a forcible felony,
23 stalking, aggravated stalking, domestic battery, any
24 violation of either the Illinois Controlled Substances
25 Act or the Cannabis Control Act that is classified as a
26 Class 2 or greater felony, or any felony violation of
27 Article 24 of the Criminal Code of 1961; the court may,
28 however, forgo forego the imposition of this condition
29 when the circumstances of the case clearly do not warrant
30 it or when its imposition would be impractical; all
31 legally possessed firearms shall be returned to the
32 person upon that person completing a sentence for a
33 conviction on a misdemeanor domestic battery, upon the
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1 charges being dismissed, or if the person is found not
2 guilty, unless the finding of not guilty is by reason of
3 insanity; and
4 (6) At a time and place designated by the court,
5 submit to a psychological evaluation when the person has
6 been charged with a violation of item (4) of subsection
7 (a) of Section 24-1 of the Criminal Code of 1961 and that
8 violation occurred in a school or in any conveyance
9 owned, leased, or contracted by a school to transport
10 students to or from school or a school-related activity,
11 or on any public way within 1,000 feet of real property
12 comprising any school.
13 Psychological evaluations ordered pursuant to this
14 Section shall be completed promptly and made available to the
15 State, the defendant, and the court. As a further condition
16 of bail under these circumstances, the court shall order the
17 defendant to refrain from entering upon the property of the
18 school, including any conveyance owned, leased, or contracted
19 by a school to transport students to or from school or a
20 school-related activity, or on any public way within 1,000
21 feet of real property comprising any school. Upon receipt of
22 the psychological evaluation, either the State or the
23 defendant may request a change in the conditions of bail,
24 pursuant to Section 110-6 of this Code. The court may change
25 the conditions of bail to include a requirement that the
26 defendant follow the recommendations of the psychological
27 evaluation, including undergoing psychiatric treatment. The
28 conclusions of the psychological evaluation and any
29 statements elicited from the defendant during its
30 administration are not admissible as evidence of guilt during
31 the course of any trial on the charged offense, unless the
32 defendant places his or her mental competency in issue.
33 (b) The court may impose other conditions, such as the
34 following, if the court finds that such conditions are
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1 reasonably necessary to assure the defendant's appearance in
2 court, protect the public from the defendant, or prevent the
3 defendant's unlawful interference with the orderly
4 administration of justice:
5 (1) Report to or appear in person before such
6 person or agency as the court may direct;
7 (2) Refrain from possessing a firearm or other
8 dangerous weapon;
9 (3) Refrain from approaching or communicating with
10 particular persons or classes of persons;
11 (4) Refrain from going to certain described
12 geographical areas or premises;
13 (5) Refrain from engaging in certain activities or
14 indulging in intoxicating liquors or in certain drugs;
15 (6) Undergo treatment for drug addiction or
16 alcoholism;
17 (7) Undergo medical or psychiatric treatment;
18 (8) Work or pursue a course of study or vocational
19 training;
20 (9) Attend or reside in a facility designated by
21 the court;
22 (10) Support his or her dependents;
23 (11) If a minor resides with his or her parents or
24 in a foster home, attend school, attend a non-residential
25 program for youths, and contribute to his or her own
26 support at home or in a foster home;
27 (12) Observe any curfew ordered by the court;
28 (13) Remain in the custody of such designated
29 person or organization agreeing to supervise his release.
30 Such third party custodian shall be responsible for
31 notifying the court if the defendant fails to observe the
32 conditions of release which the custodian has agreed to
33 monitor, and shall be subject to contempt of court for
34 failure so to notify the court;
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1 (14) Be placed under direct supervision of the
2 Pretrial Services Agency, Probation Department or Court
3 Services Department in a pretrial bond home supervision
4 capacity with or without the use of an approved
5 electronic monitoring device subject to Article 8A of
6 Chapter V of the Unified Code of Corrections; or
7 (14.1) The court shall impose upon a defendant who
8 is charged with any alcohol, cannabis or controlled
9 substance violation and is placed under direct
10 supervision of the Pretrial Services Agency, Probation
11 Department or Court Services Department in a pretrial
12 bond home supervision capacity with the use of an
13 approved monitoring device, as a condition of such bail
14 bond, a fee that represents costs incidental to the
15 electronic monitoring for each day of such bail
16 supervision ordered by the court, unless after
17 determining the inability of the defendant to pay the
18 fee, the court assesses a lesser fee or no fee as the
19 case may be. The fee shall be collected by the clerk of
20 the circuit court. The clerk of the circuit court shall
21 pay all monies collected from this fee to the county
22 treasurer for deposit in the substance abuse services
23 fund under Section 5-1086.1 of the Counties Code;
24 (14.2) The court shall impose upon all defendants,
25 including those defendants subject to paragraph (14.1)
26 above, placed under direct supervision of the Pretrial
27 Services Agency, Probation Department or Court Services
28 Department in a pretrial bond home supervision capacity
29 with the use of an approved monitoring device, as a
30 condition of such bail bond, a fee which shall represent
31 costs incidental to such electronic monitoring for each
32 day of such bail supervision ordered by the court, unless
33 after determining the inability of the defendant to pay
34 the fee, the court assesses a lesser fee or no fee as the
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1 case may be. The fee shall be collected by the clerk of
2 the circuit court. The clerk of the circuit court shall
3 pay all monies collected from this fee to the county
4 treasurer who shall use the monies collected to defray
5 the costs of corrections. The county treasurer shall
6 deposit the fee collected in the county working cash fund
7 under Section 6-27001 or Section 6-29002 of the Counties
8 Code, as the case may be;
9 (15) Comply with the terms and conditions of an
10 order of protection issued by the court under the
11 Illinois Domestic Violence Act of 1986;
12 (16) Under Section 110-6.5 comply with the
13 conditions of the drug testing program; and
14 (17) Such other reasonable conditions as the court
15 may impose.
16 (c) When a person is charged with an offense under
17 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
18 "Criminal Code of 1961", involving a victim who is a minor
19 under 18 years of age living in the same household with the
20 defendant at the time of the offense, in granting bail or
21 releasing the defendant on his own recognizance, the judge
22 shall impose conditions to restrict the defendant's access to
23 the victim which may include, but are not limited to
24 conditions that he will:
25 1. Vacate the Household.
26 2. Make payment of temporary support to his
27 dependents.
28 3. Refrain from contact or communication with the
29 child victim, except as ordered by the court.
30 (d) When a person is charged with a criminal offense and
31 the victim is a family or household member as defined in
32 Article 112A, conditions shall be imposed at the time of the
33 defendant's release on bond that restrict the defendant's
34 access to the victim. Unless provided otherwise by the court,
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1 the restrictions shall include requirements that the
2 defendant do the following:
3 (1) refrain from contact or communication with the
4 victim for a minimum period of 72 hours following the
5 defendant's release; and
6 (2) refrain from entering or remaining at the
7 victim's residence for a minimum period of 72 hours
8 following the defendant's release.
9 (e) Local law enforcement agencies shall develop
10 standardized bond forms for use in cases involving family or
11 household members as defined in Article 112A, including
12 specific conditions of bond as provided in subsection (d).
13 Failure of any law enforcement department to develop or use
14 those forms shall in no way limit the applicability and
15 enforcement of subsections (d) and (f).
16 (f) If the defendant is admitted to bail after
17 conviction the conditions of the bail bond shall be that he
18 will, in addition to the conditions set forth in subsections
19 (a) and (b) hereof:
20 (1) Duly prosecute his appeal;
21 (2) Appear at such time and place as the court may
22 direct;
23 (3) Not depart this State without leave of the
24 court;
25 (4) Comply with such other reasonable conditions as
26 the court may impose; and,
27 (5) If the judgment is affirmed or the cause
28 reversed and remanded for a new trial, forthwith
29 surrender to the officer from whose custody he was
30 bailed.
31 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
32 91-312, eff. 1-1-00; revised 10-15-99.)
33 ARTICLE 35
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1 Section 35-5. The Criminal Code of 1961 is amended by
2 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
3 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
4 Sec. 8-4. Attempt.
5 (a) Elements of the Offense.
6 A person commits an attempt when, with intent to commit a
7 specific offense, he does any act which constitutes a
8 substantial step toward the commission of that offense.
9 (b) Impossibility.
10 It shall not be a defense to a charge of attempt that
11 because of a misapprehension of the circumstances it would
12 have been impossible for the accused to commit the offense
13 attempted.
14 (c) Sentence.
15 A person convicted of an attempt may be fined or
16 imprisoned or both not to exceed the maximum provided for the
17 offense attempted but, except for an attempt to commit the
18 offense defined in Section 33A-2 of this Act,
19 (1) the sentence for attempt to commit first degree
20 murder is the sentence for a Class X felony, except that
21 (A) an attempt to commit first degree murder
22 when at least one of the aggravating factors
23 specified in paragraphs (1), (2) and (12) of
24 subsection (b) of Section 9-1 is present is a Class
25 X felony for which the sentence shall be a term of
26 imprisonment of not less than 20 years and not more
27 than 80 years;
28 (B) an attempt to commit first degree murder
29 while armed with a firearm is a Class X felony for
30 which 15 years shall be added to the term of
31 imprisonment imposed by the court;
32 (C) an attempt to commit first degree murder
33 during which the person personally discharged a
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1 firearm is a Class X felony for which 20 years shall
2 be added to the term of imprisonment imposed by the
3 court;
4 (D) an attempt to commit first degree murder
5 during which the person personally discharged a
6 firearm that proximately caused great bodily harm,
7 permanent disability, permanent disfigurement, or
8 death to another person, is a Class X felony for
9 which 25 years or up to a term of natural life shall
10 be added to the term of imprisonment imposed by the
11 court.
12 (2) the sentence for attempt to commit a Class X
13 felony is the sentence for a Class 1 felony;
14 (3) the sentence for attempt to commit a Class 1
15 felony is the sentence for a Class 2 felony;
16 (4) the sentence for attempt to commit a Class 2
17 felony is the sentence for a Class 3 felony; and
18 (5) the sentence for attempt to commit any felony
19 other than those specified in Subsections (1), (2), (3)
20 and (4) hereof is the sentence for a Class A misdemeanor.
21 (Source: P.A. 91-404, eff. 1-1-00.)
22 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
23 Sec. 12-4.2. Aggravated Battery with a firearm.
24 (a) A person commits aggravated battery with a firearm
25 when he, in committing a battery, knowingly or intentionally
26 by means of the discharging of a firearm (1) causes any
27 injury to another person, or (2) causes any injury to a
28 person he knows to be a peace officer, a community policing
29 volunteer, a correctional institution employee or a fireman
30 while the officer, volunteer, employee or fireman is engaged
31 in the execution of any of his official duties, or to prevent
32 the officer, volunteer, employee or fireman from performing
33 his official duties, or in retaliation for the officer,
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1 volunteer, employee or fireman performing his official
2 duties, or (3) causes any injury to a person he knows to be
3 an emergency medical technician - ambulance, emergency
4 medical technician - intermediate, emergency medical
5 technician - paramedic, ambulance driver, or other medical
6 assistance or first aid personnel, employed by a municipality
7 or other governmental unit, while the emergency medical
8 technician - ambulance, emergency medical technician -
9 intermediate, emergency medical technician - paramedic,
10 ambulance driver, or other medical assistance or first aid
11 personnel is engaged in the execution of any of his official
12 duties, or to prevent the emergency medical technician -
13 ambulance, emergency medical technician - intermediate,
14 emergency medical technician - paramedic, ambulance driver,
15 or other medical assistance or first aid personnel from
16 performing his official duties, or in retaliation for the
17 emergency medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical technician -
19 paramedic, ambulance driver, or other medical assistance or
20 first aid personnel performing his official duties, or (4)
21 causes any injury to a person he or she knows to be a teacher
22 or other person employed in a school and the teacher or other
23 employee is upon grounds of a school or grounds adjacent to a
24 school, or is in any part of a building used for school
25 purposes.
26 (b) A violation of subsection (a) (1) of this Section is
27 a Class X felony. A violation of subsection (a) (2),
28 subsection (a) (3), or subsection (a)(4) of this Section is
29 a Class X felony for which the sentence shall be a term of
30 imprisonment of no less than 15 years and no more than 60
31 years.
32 (c) For purposes of this Section, "firearm" is defined
33 as in "An Act relating to the acquisition, possession and
34 transfer of firearms and firearm ammunition, to provide a
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1 penalty for the violation thereof and to make an
2 appropriation in connection therewith", approved August 1,
3 1967, as amended.
4 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
5 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
6 Sec. 24-1.2. Aggravated discharge of a firearm.
7 (a) A person commits aggravated discharge of a firearm
8 when he or she knowingly or intentionally:
9 (1) Discharges a firearm at or into a building he
10 or she knows or reasonably should know to be occupied and
11 the firearm is discharged from a place or position
12 outside that building;
13 (2) Discharges a firearm in the direction of
14 another person or in the direction of a vehicle he or she
15 knows or reasonably should know to be occupied by a
16 person;
17 (3) Discharges a firearm in the direction of a
18 person he or she knows to be a peace officer, a community
19 policing volunteer, a correctional institution employee,
20 or a fireman while the officer, volunteer, employee or
21 fireman is engaged in the execution of any of his or her
22 official duties, or to prevent the officer, volunteer,
23 employee or fireman from performing his or her official
24 duties, or in retaliation for the officer, volunteer,
25 employee or fireman performing his or her official
26 duties;
27 (4) Discharges a firearm in the direction of a
28 vehicle he or she knows to be occupied by a peace
29 officer, a person summoned or directed by a peace
30 officer, a correctional institution employee or a fireman
31 while the officer, employee or fireman is engaged in the
32 execution of any of his or her official duties, or to
33 prevent the officer, employee or fireman from performing
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1 his or her official duties, or in retaliation for the
2 officer, employee or fireman performing his or her
3 official duties;
4 (5) Discharges a firearm in the direction of a
5 person he or she knows to be an emergency medical
6 technician - ambulance, emergency medical technician -
7 intermediate, emergency medical technician - paramedic,
8 ambulance driver, or other medical assistance or first
9 aid personnel, employed by a municipality or other
10 governmental unit, while the emergency medical technician
11 - ambulance, emergency medical technician - intermediate,
12 emergency medical technician - paramedic, ambulance
13 driver, or other medical assistance or first aid
14 personnel is engaged in the execution of any of his or
15 her official duties, or to prevent the emergency medical
16 technician - ambulance, emergency medical technician -
17 intermediate, emergency medical technician - paramedic,
18 ambulance driver, or other medical assistance or first
19 aid personnel from performing his or her official duties,
20 or in retaliation for the emergency medical technician -
21 ambulance, emergency medical technician - intermediate,
22 emergency medical technician - paramedic, ambulance
23 driver, or other medical assistance or first aid
24 personnel performing his or her official duties; or
25 (6) Discharges a firearm in the direction of a
26 vehicle he or she knows to be occupied by an emergency
27 medical technician - ambulance, emergency medical
28 technician - intermediate, emergency medical technician -
29 paramedic, ambulance driver, or other medical assistance
30 or first aid personnel, employed by a municipality or
31 other governmental unit, while the emergency medical
32 technician - ambulance, emergency medical technician -
33 intermediate, emergency medical technician - paramedic,
34 ambulance driver, or other medical assistance or first
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1 aid personnel is engaged in the execution of any of his
2 or her official duties, or to prevent the emergency
3 medical technician - ambulance, emergency medical
4 technician - intermediate, emergency medical technician -
5 paramedic, ambulance driver, or other medical assistance
6 or first aid personnel from performing his or her
7 official duties, or in retaliation for the emergency
8 medical technician - ambulance, emergency medical
9 technician - intermediate, emergency medical technician -
10 paramedic, ambulance driver, or other medical assistance
11 or first aid personnel performing his or her official
12 duties; or
13 (7) Discharges a firearm in the direction of a
14 person he or she knows to be a teacher or other person
15 employed in any school and the teacher or other employee
16 is upon the grounds of a school or grounds adjacent to a
17 school, or is in any part of a building used for school
18 purposes.
19 (b) A violation of subsection (a)(1) or subsection
20 (a)(2) of this Section is a Class 1 felony. A violation of
21 subsection (a)(1) or (a)(2) of this Section committed in a
22 school, on the real property comprising a school, within
23 1,000 feet of the real property comprising a school, at a
24 school related activity or on or within 1,000 feet of any
25 conveyance owned, leased, or contracted by a school to
26 transport students to or from school or a school related
27 activity, regardless of the time of day or time of year that
28 the offense was committed is a Class X felony. A violation of
29 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
30 Section is a Class X felony for which the sentence shall be a
31 term of imprisonment of no less than 10 years and not more
32 than 45 years.
33 (c) For purposes of this Section:
34 "School" means a public or private elementary or
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1 secondary school, community college, college, or university.
2 "School related activity" means any sporting, social,
3 academic, or other activity for which students' attendance or
4 participation is sponsored, organized, or funded in whole or
5 in part by a school or school district.
6 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
7 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
8 Section 35-15. The Rights of Crime Victims and Witnesses
9 Act is amended by re-enacting Sections 4.5 and 6 as follows:
10 (725 ILCS 120/4.5)
11 Sec. 4.5. Procedures to implement the rights of crime
12 victims. To afford crime victims their rights, law
13 enforcement, prosecutors, judges and corrections will provide
14 information, as appropriate of the following procedures:
15 (a) At the request of the crime victim, law enforcement
16 authorities investigating the case shall provide notice of
17 the status of the investigation, except where the State's
18 Attorney determines that disclosure of such information would
19 unreasonably interfere with the investigation, until such
20 time as the alleged assailant is apprehended or the
21 investigation is closed.
22 (b) The office of the State's Attorney:
23 (1) shall provide notice of the filing of
24 information, the return of an indictment by which a
25 prosecution for any violent crime is commenced, or the
26 filing of a petition to adjudicate a minor as a
27 delinquent for a violent crime;
28 (2) shall provide notice of the date, time, and
29 place of trial;
30 (3) or victim advocate personnel shall provide
31 information of social services and financial assistance
32 available for victims of crime, including information of
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1 how to apply for these services and assistance;
2 (4) shall assist in having any stolen or other
3 personal property held by law enforcement authorities for
4 evidentiary or other purposes returned as expeditiously
5 as possible, pursuant to the procedures set out in
6 Section 115-9 of the Code of Criminal Procedure of 1963;
7 (5) or victim advocate personnel shall provide
8 appropriate employer intercession services to ensure that
9 employers of victims will cooperate with the criminal
10 justice system in order to minimize an employee's loss of
11 pay and other benefits resulting from court appearances;
12 (6) shall provide information whenever possible, of
13 a secure waiting area during court proceedings that does
14 not require victims to be in close proximity to defendant
15 or juveniles accused of a violent crime, and their
16 families and friends;
17 (7) shall provide notice to the crime victim of the
18 right to have a translator present at all court
19 proceedings;
20 (8) in the case of the death of a person, which
21 death occurred in the same transaction or occurrence in
22 which acts occurred for which a defendant is charged with
23 an offense, shall notify the spouse, parent, child or
24 sibling of the decedent of the date of the trial of the
25 person or persons allegedly responsible for the death;
26 (9) shall inform the victim of the right to have
27 present at all court proceedings, subject to the rules of
28 evidence, an advocate or other support person of the
29 victim's choice, and the right to retain an attorney, at
30 the victim's own expense, who, upon written notice filed
31 with the clerk of the court and State's Attorney, is to
32 receive copies of all notices, motions and court orders
33 filed thereafter in the case, in the same manner as if
34 the victim were a named party in the case; and
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1 (10) at the sentencing hearing shall make a good
2 faith attempt to explain the minimum amount of time
3 during which the defendant may actually be physically
4 imprisoned. The Office of the State's Attorney shall
5 further notify the crime victim of the right to request
6 from the Prisoner Review Board information concerning the
7 release of the defendant under subparagraph (d)(1) of
8 this Section; and
9 (11) shall request restitution at sentencing and
10 shall consider restitution in any plea negotiation, as
11 provided by law.
12 (c) At the written request of the crime victim, the
13 office of the State's Attorney shall:
14 (1) provide notice a reasonable time in advance of
15 the following court proceedings: preliminary hearing, any
16 hearing the effect of which may be the release of
17 defendant from custody, or to alter the conditions of
18 bond and the sentencing hearing. The crime victim shall
19 also be notified of the cancellation of the court
20 proceeding in sufficient time, wherever possible, to
21 prevent an unnecessary appearance in court;
22 (2) provide notice within a reasonable time after
23 receipt of notice from the custodian, of the release of
24 the defendant on bail or personal recognizance or the
25 release from detention of a minor who has been detained
26 for a violent crime;
27 (3) explain in nontechnical language the details of
28 any plea or verdict of a defendant, or any adjudication
29 of a juvenile as a delinquent for a violent crime;
30 (4) where practical, consult with the crime victim
31 before the Office of the State's Attorney makes an offer
32 of a plea bargain to the defendant or enters into
33 negotiations with the defendant concerning a possible
34 plea agreement, and shall consider the written victim
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1 impact statement, if prepared prior to entering into a
2 plea agreement;
3 (5) provide notice of the ultimate disposition of
4 the cases arising from an indictment or an information,
5 or a petition to have a juvenile adjudicated as a
6 delinquent for a violent crime;
7 (6) provide notice of any appeal taken by the
8 defendant and information on how to contact the
9 appropriate agency handling the appeal;
10 (7) provide notice of any request for
11 post-conviction review filed by the defendant under
12 Article 122 of the Code of Criminal Procedure of 1963,
13 and of the date, time and place of any hearing concerning
14 the petition. Whenever possible, notice of the hearing
15 shall be given in advance;
16 (8) forward a copy of any statement presented under
17 Section 6 to the Prisoner Review Board to be considered
18 by the Board in making its determination under subsection
19 (b) of Section 3-3-8 of the Unified Code of Corrections.
20 (d) (1) The Prisoner Review Board shall inform a victim
21 or any other concerned citizen, upon written request, of
22 the prisoner's release on parole, mandatory supervised
23 release, electronic detention, work release or by the
24 custodian of the discharge of any individual who was
25 adjudicated a delinquent for a violent crime from State
26 custody and by the sheriff of the appropriate county of
27 any such person's final discharge from county custody.
28 The Prisoner Review Board, upon written request, shall
29 provide to a victim or any other concerned citizen a
30 recent photograph of any person convicted of a felony,
31 upon his or her release from custody. The Prisoner Review
32 Board, upon written request, shall inform a victim or any
33 other concerned citizen when feasible at least 7 days
34 prior to the prisoner's release on furlough of the times
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1 and dates of such furlough. Upon written request by the
2 victim or any other concerned citizen, the State's
3 Attorney shall notify the person once of the times and
4 dates of release of a prisoner sentenced to periodic
5 imprisonment. Notification shall be based on the most
6 recent information as to victim's or other concerned
7 citizen's residence or other location available to the
8 notifying authority. For purposes of this paragraph (1)
9 of subsection (d), "concerned citizen" includes relatives
10 of the victim, friends of the victim, witnesses to the
11 crime, or any other person associated with the victim or
12 prisoner.
13 (2) When the defendant has been committed to the
14 Department of Human Services pursuant to Section 5-2-4 or
15 any other provision of the Unified Code of Corrections,
16 the victim may request to be notified by the releasing
17 authority of the defendant's discharge from State
18 custody.
19 (3) In the event of an escape from State custody,
20 the Department of Corrections immediately shall notify
21 the Prisoner Review Board of the escape and the Prisoner
22 Review Board shall notify the victim. The notification
23 shall be based upon the most recent information as to the
24 victim's residence or other location available to the
25 Board. When no such information is available, the Board
26 shall make all reasonable efforts to obtain the
27 information and make the notification. When the escapee
28 is apprehended, the Department of Corrections immediately
29 shall notify the Prisoner Review Board and the Board
30 shall notify the victim.
31 (4) The victim of the crime for which the prisoner
32 has been sentenced shall receive reasonable written
33 notice not less than 15 days prior to the parole hearing
34 and may submit, in writing, on film, videotape or other
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1 electronic means or in the form of a recording or in
2 person at the parole hearing, information for
3 consideration by the Prisoner Review Board. The victim
4 shall be notified within 7 days after the prisoner has
5 been granted parole and shall be informed of the right to
6 inspect the registry of parole decisions, established
7 under subsection (g) of Section 3-3-5 of the Unified Code
8 of Corrections. The provisions of this paragraph (4) are
9 subject to the Open Parole Hearings Act.
10 (5) If a statement is presented under Section 6,
11 the Prisoner Review Board shall inform the victim of any
12 order of discharge entered by the Board pursuant to
13 Section 3-3-8 of the Unified Code of Corrections.
14 (6) At the written request of the victim of the
15 crime for which the prisoner was sentenced, the Prisoner
16 Review Board shall notify the victim of the death of the
17 prisoner if the prisoner died while on parole or
18 mandatory supervised release.
19 (7) When a defendant who has been committed to the
20 Department of Corrections or the Department of Human
21 Services is released or discharged and subsequently
22 committed to the Department of Human Services as a
23 sexually violent person and the victim had requested to
24 be notified by the releasing authority of the defendant's
25 discharge from State custody, the releasing authority
26 shall provide to the Department of Human Services such
27 information that would allow the Department of Human
28 Services to contact the victim.
29 (e) The officials named in this Section may satisfy some
30 or all of their obligations to provide notices and other
31 information through participation in a statewide victim and
32 witness notification system established by the Attorney
33 General under Section 8.5 of this Act.
34 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
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1 91-237, 1-1-00.)
2 (725 ILCS 120/6) (from Ch. 38, par. 1406)
3 Sec. 6. Rights to present victim impact statement.
4 (a) In any case where a defendant has been convicted of
5 a violent crime or a juvenile has been adjudicated a
6 delinquent for a violent crime except those in which both
7 parties have agreed to the imposition of a specific sentence,
8 and a victim of the violent crime is present in the courtroom
9 at the time of the sentencing or the disposition hearing, the
10 victim upon his or her request shall have the right to
11 address the court regarding the impact which the defendant's
12 criminal conduct or the juvenile's delinquent conduct has had
13 upon the victim. If the victim chooses to exercise this
14 right, the impact statement must have been prepared in
15 writing in conjunction with the Office of the State's
16 Attorney prior to the initial hearing or sentencing, before
17 it can be presented orally or in writing at the sentencing
18 hearing. In conjunction with the Office of the State's
19 Attorney, a victim impact statement that is presented orally
20 may be done so by the victim or his or her representative.
21 The court shall consider any statements made by the victim,
22 along with all other appropriate factors in determining the
23 sentence of the defendant or disposition of such juvenile.
24 (b) The crime victim has the right to prepare a victim
25 impact statement and present it to the Office of the State's
26 Attorney at any time during the proceedings.
27 (c) This Section shall apply to any victims of a violent
28 crime during any dispositional hearing under Section 5-705 of
29 the Juvenile Court Act of 1987 which takes place pursuant to
30 an adjudication of delinquency for any such offense.
31 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
32 Section 35-20. The Unified Code of Corrections is
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1 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
2 3-14-4 as follows:
3 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
4 Sec. 3-6-4. Enforcement of Discipline - Escape.
5 (a) A committed person who escapes or attempts to escape
6 from an institution or facility of the Adult Division, or
7 escapes or attempts to escape while in the custody of an
8 employee of the Adult Division, or holds or participates in
9 the holding of any person as a hostage by force, threat or
10 violence, or while participating in any disturbance,
11 demonstration or riot, causes, directs or participates in the
12 destruction of any property is guilty of a Class 2 felony. A
13 committed person who fails to return from furlough or from
14 work and day release is guilty of a Class 3 felony.
15 (b) If one or more committed persons injures or attempts
16 to injure in a violent manner any employee, officer, guard,
17 other peace officer or any other committed person or damages
18 or attempts to damage any building or workshop, or any
19 appurtenances thereof, or attempts to escape, or disobeys or
20 resists any lawful command, the employees, officers, guards
21 and other peace officers shall use all suitable means to
22 defend themselves, to enforce the observance of discipline,
23 to secure the persons of the offenders, and prevent such
24 attempted violence or escape; and said employees, officers,
25 guards, or other peace officers, or any of them, shall, in
26 the attempt to prevent the escape of any such person, or in
27 attempting to retake any such person who has escaped, or in
28 attempting to prevent or suppress violence by a committed
29 person against another person, a riot, revolt, mutiny or
30 insurrection, be justified in the use of force, including
31 force likely to cause death or great bodily harm under
32 Section 7-8 of the Criminal Code of 1961 which he reasonably
33 believed necessary.
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1 As used in this Section, "committed person" includes a
2 person held in detention in a secure facility or committed as
3 a sexually violent person and held in a secure facility under
4 the Sexually Violent Persons Commitment Act; and "peace
5 officer" means any officer or member of any duly organized
6 State, county or municipal police unit or police force.
7 (c) The Department shall establish procedures to provide
8 immediate notification of the escape of any person, as
9 defined in subsection (a) of this Section, to the persons
10 specified in subsection (c) of Section 3-14-1 of this Code.
11 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
12 (730 ILCS 5/3-10-13)
13 Sec. 3-10-13. Notifications of Release or Escape.
14 (a) The Department shall establish procedures to provide
15 written notification of the release of any person from the
16 Juvenile Division to the persons and agencies specified in
17 subsection (c) of Section 3-14-1 of this Code.
18 (b) The Department shall establish procedures to provide
19 immediate notification of the escape of any person from the
20 Juvenile Division to the persons and agencies specified in
21 subsection (c) of Section 3-14-1 of this Code.
22 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
23 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
24 Sec. 3-14-1. Release from the Institution.
25 (a) Upon release of a person on parole, mandatory
26 release, final discharge or pardon the Department shall
27 return all property held for him, provide him with suitable
28 clothing and procure necessary transportation for him to his
29 designated place of residence and employment. It may provide
30 such person with a grant of money for travel and expenses
31 which may be paid in installments. The amount of the money
32 grant shall be determined by the Department.
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1 The Department of Corrections may establish and maintain,
2 in any institution it administers, revolving funds to be
3 known as "Travel and Allowances Revolving Funds". These
4 revolving funds shall be used for advancing travel and
5 expense allowances to committed, paroled, and discharged
6 prisoners. The moneys paid into such revolving funds shall
7 be from appropriations to the Department for Committed,
8 Paroled, and Discharged Prisoners.
9 (b) (Blank).
10 (c) Except as otherwise provided in this Code, the
11 Department shall establish procedures to provide written
12 notification of any release of any person who has been
13 convicted of a felony to the State's Attorney and sheriff of
14 the county from which the offender was committed, and the
15 State's Attorney and sheriff of the county into which the
16 offender is to be paroled or released. Except as otherwise
17 provided in this Code, the Department shall establish
18 procedures to provide written notification to the proper law
19 enforcement agency for any municipality of any release of any
20 person who has been convicted of a felony if the arrest of
21 the offender or the commission of the offense took place in
22 the municipality, if the offender is to be paroled or
23 released into the municipality, or if the offender resided in
24 the municipality at the time of the commission of the
25 offense. If a person convicted of a felony who is in the
26 custody of the Department of Corrections or on parole or
27 mandatory supervised release informs the Department that he
28 or she has resided, resides, or will reside at an address
29 that is a housing facility owned, managed, operated, or
30 leased by a public housing agency, the Department must send
31 written notification of that information to the public
32 housing agency that owns, manages, operates, or leases the
33 housing facility. The written notification shall, when
34 possible, be given at least 14 days before release of the
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1 person from custody, or as soon thereafter as possible.
2 (c-1) (Blank).
3 (d) Upon the release of a committed person on parole,
4 mandatory supervised release, final discharge or pardon, the
5 Department shall provide such person with information
6 concerning programs and services of the Illinois Department
7 of Public Health to ascertain whether such person has been
8 exposed to the human immunodeficiency virus (HIV) or any
9 identified causative agent of Acquired Immunodeficiency
10 Syndrome (AIDS).
11 (Source: P.A. 91-506, eff. 8-13-99.)
12 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
13 Sec. 3-14-4. Half-way Houses.
14 (a) The Department may establish and maintain half-way
15 houses for the residence of persons on parole or mandatory
16 release. Such half-way houses shall be maintained apart from
17 security institutions, except that the Director of
18 Corrections is authorized to designate that any work or day
19 release facility, or any portion thereof, may be used as a
20 half-way house for the residence of persons on parole or
21 mandatory supervised release.
22 (b) For those persons to be placed in a half-way house
23 directly upon release from an institution on parole or
24 mandatory supervised release status, not less than 15 days
25 prior to the placement of such a person in such a half-way
26 house, the Department of Corrections shall give written
27 notice to the State's Attorney and the Sheriff of the county
28 and the proper law enforcement agency of the municipality in
29 which the half-way house is located of the identity of the
30 person to be placed in that program. Such identifying
31 information shall include, but not be limited to, the name of
32 the individual, age, physical description, photograph, the
33 crime for which the person was originally sentenced to the
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1 Department of Corrections, and like information. The notice
2 shall be given in all cases, except when placement of an
3 emergency nature is necessary. In such emergency cases, oral
4 notice shall be given to the appropriate parties within 24
5 hours with written notice to follow within 5 days.
6 (c) Persons on parole or mandatory supervised release
7 status who have been previously released to the community,
8 but who are not currently residing in a half-way house, may
9 be placed in a half-way house upon the oral notification of
10 the parties within 24 hours as indicated in subsection (b) of
11 this Section. Such oral notification shall be followed with
12 written notification within 5 days.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 ARTICLE 40
15 Section 40-10. The Criminal Code of 1961 is amended by
16 re-enacting Section 12-6.1 as follows:
17 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
18 Sec. 12-6.1. Compelling organization membership of
19 persons. A person who expressly or impliedly threatens to do
20 bodily harm or does bodily harm to an individual or to that
21 individual's family or uses any other criminally unlawful
22 means to solicit or cause any person to join, or deter any
23 person from leaving, any organization or association
24 regardless of the nature of such organization or association,
25 is guilty of a Class 2 felony.
26 Any person of the age of 18 years or older who expressly
27 or impliedly threatens to do bodily harm or does bodily harm
28 to a person under 18 years of age or uses any other
29 criminally unlawful means to solicit or cause any person
30 under 18 years of age to join, or deter any person under 18
31 years of age from leaving, any organization or association
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1 regardless of the nature of such organization or association
2 is guilty of a Class 1 felony.
3 A person convicted of an offense under this Section shall
4 not be eligible to receive a sentence of probation,
5 conditional discharge, or periodic imprisonment.
6 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
7 eff. 1-1-96; 89-626, eff. 8-9-96.)
8 ARTICLE 50
9 Section 50-3. The Firearm Owners Identification Card Act
10 is amended by re-enacting Sections 2, 4, 8, and 14 as
11 follows:
12 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
13 Sec. 2. Firearm Owner's Identification Card required;
14 exceptions.
15 (a) (1) No person may acquire or possess any firearm
16 within this State without having in his or her possession a
17 Firearm Owner's Identification Card previously issued in his
18 or her name by the Department of State Police under the
19 provisions of this Act.
20 (2) No person may acquire or possess firearm ammunition
21 within this State without having in his or her possession a
22 Firearm Owner's Identification Card previously issued in his
23 or her name by the Department of State Police under the
24 provisions of this Act.
25 (b) The provisions of this Section regarding the
26 possession of firearms and firearm ammunition do not apply
27 to:
28 (1) United States Marshals, while engaged in the
29 operation of their official duties;
30 (2) Members of the Armed Forces of the United
31 States or the National Guard, while engaged in the
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1 operation of their official duties;
2 (3) Federal officials required to carry firearms,
3 while engaged in the operation of their official duties;
4 (4) Members of bona fide veterans organizations
5 which receive firearms directly from the armed forces of
6 the United States, while using the firearms for
7 ceremonial purposes with blank ammunition;
8 (5) Nonresident hunters during hunting season, with
9 valid nonresident hunting licenses and while in an area
10 where hunting is permitted; however, at all other times
11 and in all other places these persons must have their
12 firearms unloaded and enclosed in a case;
13 (6) Those hunters exempt from obtaining a hunting
14 license who are required to submit their Firearm Owner's
15 Identification Card when hunting on Department of Natural
16 Resources owned or managed sites;
17 (7) Nonresidents while on a firing or shooting
18 range recognized by the Department of State Police;
19 however, these persons must at all other times and in all
20 other places have their firearms unloaded and enclosed in
21 a case;
22 (8) Nonresidents while at a firearm showing or
23 display recognized by the Department of State Police;
24 however, at all other times and in all other places these
25 persons must have their firearms unloaded and enclosed in
26 a case;
27 (9) Nonresidents whose firearms are unloaded and
28 enclosed in a case;
29 (10) Nonresidents who are currently licensed or
30 registered to possess a firearm in their resident state;
31 (11) Unemancipated minors while in the custody and
32 immediate control of their parent or legal guardian or
33 other person in loco parentis to the minor if the parent
34 or legal guardian or other person in loco parentis to the
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1 minor has a currently valid Firearm Owner's
2 Identification Card;
3 (12) Color guards of bona fide veterans
4 organizations or members of bona fide American Legion
5 bands while using firearms for ceremonial purposes with
6 blank ammunition;
7 (13) Nonresident hunters whose state of residence
8 does not require them to be licensed or registered to
9 possess a firearm and only during hunting season, with
10 valid hunting licenses, while accompanied by, and using a
11 firearm owned by, a person who possesses a valid Firearm
12 Owner's Identification Card and while in an area within a
13 commercial club licensed under the Wildlife Code where
14 hunting is permitted and controlled, but in no instance
15 upon sites owned or managed by the Department of Natural
16 Resources; and
17 (14) Resident hunters who are properly authorized
18 to hunt and, while accompanied by a person who possesses
19 a valid Firearm Owner's Identification Card, hunt in an
20 area within a commercial club licensed under the Wildlife
21 Code where hunting is permitted and controlled.
22 (c) The provisions of this Section regarding the
23 acquisition and possession of firearms and firearm ammunition
24 do not apply to law enforcement officials of this or any
25 other jurisdiction, while engaged in the operation of their
26 official duties.
27 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
28 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
29 Sec. 4. (a) Each applicant for a Firearm Owner's
30 Identification Card must:
31 (1) Make application on blank forms prepared and
32 furnished at convenient locations throughout the State by
33 the Department of State Police; and
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1 (2) Submit evidence under penalty of perjury to the
2 Department of State Police that:
3 (i) He or she is 21 years of age or over, or
4 if he or she is under 21 years of age that he or she
5 has the written consent of his or her parent or
6 legal guardian to possess and acquire firearms and
7 firearm ammunition and that he or she has never been
8 convicted of a misdemeanor other than a traffic
9 offense or adjudged delinquent, provided, however,
10 that such parent or legal guardian is not an
11 individual prohibited from having a Firearm Owner's
12 Identification Card and files an affidavit with the
13 Department as prescribed by the Department stating
14 that he or she is not an individual prohibited from
15 having a Card;
16 (ii) He or she has not been convicted of a
17 felony under the laws of this or any other
18 jurisdiction;
19 (iii) He or she is not addicted to narcotics;
20 (iv) He or she has not been a patient in a
21 mental institution within the past 5 years;
22 (v) He or she is not mentally retarded;
23 (vi) He or she is not an alien who is
24 unlawfully present in the United States under the
25 laws of the United States;
26 (vii) He or she is not subject to an existing
27 order of protection prohibiting him or her from
28 possessing a firearm;
29 (viii) He or she has not been convicted within
30 the past 5 years of battery, assault, aggravated
31 assault, violation of an order of protection, or a
32 substantially similar offense in another
33 jurisdiction, in which a firearm was used or
34 possessed;
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1 (ix) He or she has not been convicted of
2 domestic battery or a substantially similar offense
3 in another jurisdiction committed on or after the
4 effective date of this amendatory Act of 1997; and
5 (x) He or she has not been convicted within
6 the past 5 years of domestic battery or a
7 substantially similar offense in another
8 jurisdiction committed before the effective date of
9 this amendatory Act of 1997; and
10 (3) Upon request by the Department of State Police,
11 sign a release on a form prescribed by the Department of
12 State Police waiving any right to confidentiality and
13 requesting the disclosure to the Department of State
14 Police of limited mental health institution admission
15 information from another state, the District of Columbia,
16 any other territory of the United States, or a foreign
17 nation concerning the applicant for the sole purpose of
18 determining whether the applicant is or was a patient in
19 a mental health institution and disqualified because of
20 that status from receiving a Firearm Owner's
21 Identification Card. No mental health care or treatment
22 records may be requested. The information received shall
23 be destroyed within one year of receipt.
24 (b) Each application form shall include the following
25 statement printed in bold type: "Warning: False statements
26 of the applicant shall result in prosecution for perjury in
27 accordance with Section 32-2 of the Criminal Code of 1961.".
28 (c) Upon such written consent, pursuant to Section 4,
29 paragraph (a) (2) (i), the parent or legal guardian giving
30 the consent shall be liable for any damages resulting from
31 the applicant's use of firearms or firearm ammunition.
32 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
33 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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1 Sec. 8. The Department of State Police has authority to
2 deny an application for or to revoke and seize a Firearm
3 Owner's Identification Card previously issued under this Act
4 only if the Department finds that the applicant or the person
5 to whom such card was issued is or was at the time of
6 issuance:
7 (a) A person under 21 years of age who has been
8 convicted of a misdemeanor other than a traffic offense or
9 adjudged delinquent;
10 (b) A person under 21 years of age who does not have the
11 written consent of his parent or guardian to acquire and
12 possess firearms and firearm ammunition, or whose parent or
13 guardian has revoked such written consent, or where such
14 parent or guardian does not qualify to have a Firearm Owner's
15 Identification Card;
16 (c) A person convicted of a felony under the laws of
17 this or any other jurisdiction;
18 (d) A person addicted to narcotics;
19 (e) A person who has been a patient of a mental
20 institution within the past 5 years;
21 (f) A person whose mental condition is of such a nature
22 that it poses a clear and present danger to the applicant,
23 any other person or persons or the community;
24 For the purposes of this Section, "mental condition"
25 means a state of mind manifested by violent, suicidal,
26 threatening or assaultive behavior.
27 (g) A person who is mentally retarded;
28 (h) A person who intentionally makes a false statement
29 in the Firearm Owner's Identification Card application;
30 (i) An alien who is unlawfully present in the United
31 States under the laws of the United States;
32 (j) A person who is subject to an existing order of
33 protection prohibiting him or her from possessing a firearm;
34 (k) A person who has been convicted within the past 5
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1 years of battery, assault, aggravated assault, violation of
2 an order of protection, or a substantially similar offense in
3 another jurisdiction, in which a firearm was used or
4 possessed;
5 (l) A person who has been convicted of domestic battery
6 or a substantially similar offense in another jurisdiction
7 committed on or after January 1, 1998;
8 (m) A person who has been convicted within the past 5
9 years of domestic battery or a substantially similar offense
10 in another jurisdiction committed before January 1, 1998; or
11 (n) A person who is prohibited from acquiring or
12 possessing firearms or firearm ammunition by any Illinois
13 State statute or by federal law.
14 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
15 90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
16 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
17 Sec. 14. Sentence.
18 (a) A violation of paragraph (1) of subsection (a) of
19 Section 2, when the person's Firearm Owner's Identification
20 Card is expired but the person is not otherwise disqualified
21 from renewing the card, is a Class A misdemeanor.
22 (b) Except as provided in subsection (a) with respect to
23 an expired card, a violation of paragraph (1) of subsection
24 (a) of Section 2 is a Class A misdemeanor when the person
25 does not possess a currently valid Firearm Owner's
26 Identification Card, but is otherwise eligible under this
27 Act. A second or subsequent violation is a Class 4 felony.
28 (c) A violation of paragraph (1) of subsection (a) of
29 Section 2 is a Class 3 felony when:
30 (1) the person's Firearm Owner's Identification
31 Card is revoked or subject to revocation under Section 8;
32 or
33 (2) the person's Firearm Owner's Identification
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1 Card is expired and not otherwise eligible for renewal
2 under this Act; or
3 (3) the person does not possess a currently valid
4 Firearm Owner's Identification Card, and the person is
5 not otherwise eligible under this Act.
6 (d) A violation of subsection (a) of Section 3 is a
7 Class 4 felony.
8 (e) Any other violation of this Act is a Class A
9 misdemeanor.
10 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
11 Section 50-5. The Criminal Code of 1961 is amended by
12 re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
13 11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:
14 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
15 Sec. 11-14. Prostitution.
16 (a) Any person who performs, offers or agrees to perform
17 any act of sexual penetration as defined in Section 12-12 of
18 this Code for any money, property, token, object, or article
19 or anything of value, or any touching or fondling of the sex
20 organs of one person by another person, for any money,
21 property, token, object, or article or anything of value, for
22 the purpose of sexual arousal or gratification commits an act
23 of prostitution.
24 (b) Sentence.
25 Prostitution is a Class A misdemeanor. A person convicted
26 of a second or subsequent violation of this Section, or of
27 any combination of such number of convictions under this
28 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
29 of this Code is guilty of a Class 4 felony. When a person has
30 one or more prior convictions, the information or indictment
31 charging that person shall state such prior conviction so as
32 to give notice of the State's intention to treat the charge
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1 as a felony. The fact of such prior conviction is not an
2 element of the offense and may not be disclosed to the jury
3 during trial unless otherwise permitted by issues properly
4 raised during such trial.
5 (c) A person who violates this Section within 1,000 feet
6 of real property comprising a school commits a Class 4
7 felony.
8 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
9 revised 10-20-99.)
10 (720 ILCS 5/11-14.1)
11 Sec. 11-14.1. Solicitation of a sexual act.
12 (a) Any person who offers a person not his or her spouse
13 any money, property, token, object, or article or anything of
14 value to perform any act of sexual penetration as defined in
15 Section 12-12 of this Code, or any touching or fondling of
16 the sex organs of one person by another person for the
17 purpose of sexual arousal or gratification, commits the
18 offense of solicitation of a sexual act.
19 (b) Sentence. Solicitation of a sexual act is a Class B
20 misdemeanor.
21 (Source: P.A. 88-325; 88-680, eff. 1-1-95.)
22 (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
23 Sec. 11-16. Pandering.
24 (a) Any person who performs any of the following acts
25 for any money, property, token, object, or article or
26 anything of value commits pandering:
27 (1) Compels a person to become a prostitute; or
28 (2) Arranges or offers to arrange a situation in
29 which a person may practice prostitution.
30 (b) Sentence.
31 Pandering by compulsion is a Class 4 felony. Pandering
32 other than by compulsion is a Class 4 felony.
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1 (c) A person who violates this Section within 1,000 feet
2 of real property comprising a school commits a Class 3
3 felony.
4 (Source: P.A. 91-274, eff. 1-1-00.)
5 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
6 Sec. 11-19. Pimping.
7 (a) Any person who receives any money, property, token,
8 object, or article or anything of value from a prostitute,
9 not for a lawful consideration, knowing it was earned in
10 whole or in part from the practice of prostitution, commits
11 pimping.
12 (b) Sentence.
13 Pimping is a Class A misdemeanor. A person convicted of a
14 second or subsequent violation of this Section, or of any
15 combination of such number of convictions under this Section
16 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
17 Code is guilty of a Class 4 felony. When a person has one or
18 more prior convictions, the information or indictment
19 charging that person shall state such prior conviction so as
20 to give notice of the State's intention to treat the charge
21 as a felony. The fact of such conviction is not an element
22 of the offense and may not be disclosed to the jury during
23 trial unless otherwise permitted by issues properly raised
24 during such trial.
25 (c) A person who violates this Section within 1,000 feet
26 of real property comprising a school commits a Class 4
27 felony.
28 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
29 revised 10-20-99.)
30 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
31 Sec. 11-19.1. Juvenile Pimping.
32 (a) Any person who receives any money, property, token,
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1 object, or article or anything of value from a prostitute
2 under 16 years of age or from a prostitute who is an
3 institutionalized severely or profoundly mentally retarded
4 person, not for a lawful consideration, knowing it was earned
5 in whole or in part from the practice of prostitution,
6 commits juvenile pimping.
7 (b) It is an affirmative defense to a charge of juvenile
8 pimping that the accused reasonably believed the person was
9 of the age of 16 years or over or was not an
10 institutionalized severely or profoundly mentally retarded
11 person at the time of the act giving rise to the charge.
12 (c) Sentence.
13 Juvenile pimping is a Class 1 felony.
14 (Source: P.A. 88-680, eff. 1-1-95.)
15 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
16 Sec. 11-19.2. Exploitation of a child.
17 (A) A person commits exploitation of a child when he or
18 she confines a child under the age of 16 or an
19 institutionalized severely or profoundly mentally retarded
20 person against his or her will by the infliction or threat of
21 imminent infliction of great bodily harm, permanent
22 disability or disfigurement or by administering to the child
23 or an institutionalized severely or profoundly mentally
24 retarded person without his or her consent or by threat or
25 deception and for other than medical purposes, any alcoholic
26 intoxicant or a drug as defined in the Illinois Controlled
27 Substances Act or the Cannabis Control Act and:
28 (1) compels the child or an institutionalized
29 severely or profoundly mentally retarded person to become
30 a prostitute; or
31 (2) arranges a situation in which the child or an
32 institutionalized severely or profoundly mentally
33 retarded person may practice prostitution; or
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1 (3) receives any money, property, token, object, or
2 article or anything of value from the child or an
3 institutionalized severely or profoundly mentally
4 retarded person knowing it was obtained in whole or in
5 part from the practice of prostitution.
6 (B) For purposes of this Section, administering drugs,
7 as defined in subsection (A), or an alcoholic intoxicant to a
8 child under the age of 13 or an institutionalized severely or
9 profoundly mentally retarded person shall be deemed to be
10 without consent if such administering is done without the
11 consent of the parents or legal guardian.
12 (C) Exploitation of a child is a Class X felony.
13 (D) Any person convicted under this Section is subject
14 to the forfeiture provisions of Section 11-20.1A of this Act.
15 (Source: P.A. 91-357, eff. 7-29-99.)
16 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
17 Sec. 24-3. Unlawful Sale of Firearms.
18 (A) A person commits the offense of unlawful sale of
19 firearms when he or she knowingly does any of the following:
20 (a) Sells or gives any firearm of a size which may
21 be concealed upon the person to any person under 18 years
22 of age.; or
23 (b) Sells or gives any firearm to a person under 21
24 years of age who has been convicted of a misdemeanor
25 other than a traffic offense or adjudged delinquent.; or
26 (c) Sells or gives any firearm to any narcotic
27 addict.; or
28 (d) Sells or gives any firearm to any person who
29 has been convicted of a felony under the laws of this or
30 any other jurisdiction.; or
31 (e) Sells or gives any firearm to any person who
32 has been a patient in a mental hospital within the past 5
33 years.; or
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1 (f) Sells or gives any firearms to any person who
2 is mentally retarded.; or
3 (g) Delivers any firearm of a size which may be
4 concealed upon the person, incidental to a sale, without
5 withholding delivery of such firearm for at least 72
6 hours after application for its purchase has been made,
7 or delivers any rifle, shotgun or other long gun,
8 incidental to a sale, without withholding delivery of
9 such rifle, shotgun or other long gun for at least 24
10 hours after application for its purchase has been made.
11 However, this paragraph (g) does shall not apply to: (1)
12 the sale of a firearm to a law enforcement officer or a
13 person who desires to purchase a firearm for use in
14 promoting the public interest incident to his or her
15 employment as a bank guard, armed truck guard, or other
16 similar employment; or (2) a mail order sale of a firearm
17 to a nonresident of Illinois under which the firearm is
18 mailed to a point outside the boundaries of Illinois; or
19 (3) the sale of a firearm to a nonresident of Illinois
20 while at a firearm showing or display recognized by the
21 Illinois Department of State Police; or (4) the sale of a
22 firearm to a dealer licensed under the Federal Firearms
23 Act of the United States.; or
24 (h) While holding any license under the federal
25 "Gun Control Act of 1968", as amended, as a dealer,
26 importer, manufacturer or pawnbroker under the federal
27 Gun Control Act of 1968,; manufactures, sells or delivers
28 to any unlicensed person a handgun having a barrel,
29 slide, frame or receiver which is a die casting of zinc
30 alloy or any other nonhomogeneous metal which will melt
31 or deform at a temperature of less than 800 degrees
32 Fahrenheit. For purposes of this paragraph, (1)
33 "firearm" is defined as in the Firearm Owners
34 Identification Card Act "An Act relating to the
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1 acquisition, possession and transfer of firearms and
2 firearm ammunition, to provide a penalty for the
3 violation thereof and to make an appropriation in
4 connection therewith", approved August 3, 1967, as
5 amended; and (2) "handgun" is defined as a firearm
6 designed to be held and fired by the use of a single
7 hand, and includes a combination of parts from which such
8 a firearm can be assembled.; or
9 (i) Sells or gives a firearm of any size to any
10 person under 18 years of age who does not possess a valid
11 Firearm Owner's Identification Card.
12 (B) (j) Paragraph (h) of subsection (A) does this
13 Section shall not include firearms sold within 6 months after
14 enactment of Public Act 78-355 (approved August 21, 1973,
15 effective October 1, 1973) this amendatory Act of 1973, nor
16 is shall any firearm legally owned or possessed by any
17 citizen or purchased by any citizen within 6 months after the
18 enactment of Public Act 78-355 this amendatory Act of 1973 be
19 subject to confiscation or seizure under the provisions of
20 that Public this amendatory Act of 1973. Nothing in Public
21 Act 78-355 this amendatory Act of 1973 shall be construed to
22 prohibit the gift or trade of any firearm if that firearm was
23 legally held or acquired within 6 months after the enactment
24 of that Public this amendatory Act of 1973.
25 (C) (k) Sentence.
26 (1) Any person convicted of unlawful sale of
27 firearms in violation of any of paragraphs (c) through
28 (h) of subsection (A) commits a Class 4 felony.
29 (2) Any person convicted of unlawful sale of
30 firearms in violation of paragraph (b) or (i) of
31 subsection (A) commits a Class 3 felony.
32 (3) Any person convicted of unlawful sale of
33 firearms in violation of paragraph (a) of subsection (A)
34 commits a Class 2 felony.
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1 (4) Any person convicted of unlawful sale of
2 firearms in violation of paragraph (a), (b), or (i) of
3 subsection (A) in any school, on the real property
4 comprising a school, within 1,000 feet of the real
5 property comprising a school, at a school related
6 activity, or on or within 1,000 feet of any conveyance
7 owned, leased, or contracted by a school or school
8 district to transport students to or from school or a
9 school related activity, regardless of the time of day or
10 time of year at which that the offense was committed,
11 commits a Class 1 felony. Any person convicted of a
12 second or subsequent violation of unlawful sale of
13 firearms in violation of paragraph (a), (b), or (i) of
14 subsection (A) in any school, on the real property
15 comprising a school, within 1,000 feet of the real
16 property comprising a school, at a school related
17 activity, or on or within 1,000 feet of any conveyance
18 owned, leased, or contracted by a school or school
19 district to transport students to or from school or a
20 school related activity, regardless of the time of day or
21 time of year at which that the offense was committed,
22 commits a Class 1 felony for which the sentence shall be
23 a term of imprisonment of no less than 5 years and no
24 more than 15 years.
25 (5) Any person convicted of unlawful sale of
26 firearms in violation of paragraph (a) or (i) of
27 subsection (A) in residential property owned, operated,
28 or managed by a public housing agency, in a public park,
29 in a courthouse, on residential property owned, operated,
30 or managed by a public housing agency, on the real
31 property comprising any public park, on the real property
32 comprising any courthouse, or on any public way within
33 1,000 feet of the real property comprising any public
34 park, courthouse, or residential property owned,
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1 operated, or managed by a public housing agency commits a
2 Class 2 felony.
3 (D) (6) For purposes of this Section:
4 "School" means a public or private elementary or
5 secondary school, community college, college, or university.
6 "School related activity" means any sporting, social,
7 academic, or other activity for which students' attendance or
8 participation is sponsored, organized, or funded in whole or
9 in part by a school or school district.
10 (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)
11 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
12 Sec. 24-3.1. Unlawful possession of firearms and firearm
13 ammunition.
14 (a) A person commits the offense of unlawful possession
15 of firearms or firearm ammunition when:
16 (1) He is under 18 years of age and has in his
17 possession any firearm of a size which may be concealed
18 upon the person; or
19 (2) He is under 21 years of age, has been convicted
20 of a misdemeanor other than a traffic offense or adjudged
21 delinquent and has any firearms or firearm ammunition in
22 his possession; or
23 (3) He is a narcotic addict and has any firearms or
24 firearm ammunition in his possession; or
25 (4) He has been a patient in a mental hospital
26 within the past 5 years and has any firearms or firearm
27 ammunition in his possession; or
28 (5) He is mentally retarded and has any firearms or
29 firearm ammunition in his possession; or
30 (6) He has in his possession any explosive bullet.
31 For purposes of this paragraph "explosive bullet" means
32 the projectile portion of an ammunition cartridge which
33 contains or carries an explosive charge which will explode
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1 upon contact with the flesh of a human or an animal.
2 "Cartridge" means a tubular metal case having a projectile
3 affixed at the front thereof and a cap or primer at the rear
4 end thereof, with the propellant contained in such tube
5 between the projectile and the cap; or
6 (b) Sentence.
7 Unlawful possession of firearms, other than handguns, and
8 firearm ammunition is a Class A misdemeanor. Unlawful
9 possession of handguns is a Class 4 felony.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
12 Sec. 33A-1. Legislative intent and definitions.
13 (a) Legislative findings. The legislature finds and
14 declares the following:
15 (1) The use of a dangerous weapon in the commission
16 of a felony offense poses a much greater threat to the
17 public health, safety, and general welfare, than when a
18 weapon is not used in the commission of the offense.
19 (2) Further, the use of a firearm greatly
20 facilitates the commission of a criminal offense because
21 of the more lethal nature of a firearm and the greater
22 perceived threat produced in those confronted by a person
23 wielding a firearm. Unlike other dangerous weapons such
24 as knives and clubs, the use of a firearm in the
25 commission of a criminal felony offense significantly
26 escalates the threat and the potential for bodily harm,
27 and the greater range of the firearm increases the
28 potential for harm to more persons. Not only are the
29 victims and bystanders at greater risk when a firearm is
30 used, but also the law enforcement officers whose duty
31 is to confront and apprehend the armed suspect.
32 (3) Current law does contain offenses involving the
33 use or discharge of a gun toward or against a person,
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1 such as aggravated battery with a firearm, aggravated
2 discharge of a firearm, and reckless discharge of a
3 firearm; however, the General Assembly has legislated
4 greater penalties for the commission of a felony while in
5 possession of a firearm because it deems such acts as
6 more serious.
7 (b) Legislative intent.
8 (1) In order to deter the use of firearms in the
9 commission of a felony offense, the General Assembly
10 deems it appropriate for a greater penalty to be imposed
11 when a firearm is used or discharged in the commission of
12 an offense than the penalty imposed for using other types
13 of weapons and for the penalty to increase on more
14 serious offenses.
15 (2) With the additional elements of the discharge
16 of a firearm and great bodily harm inflicted by a firearm
17 being added to armed violence and other serious felony
18 offenses, it is the intent of the General Assembly to
19 punish those elements more severely during commission of
20 a felony offense than when those elements stand alone as
21 the act of the offender.
22 (3) It is the intent of the 91st General Assembly
23 that should Public Act 88-680 be declared
24 unconstitutional for a violation of Article 4, Section 8
25 of the 1970 Constitution of the State of Illinois, the
26 amendatory changes made by Public Act 88-680 to Article
27 33A of the Criminal Code of 1961 and which are set forth
28 as law in this amendatory Act of the 91st General
29 Assembly are hereby reenacted by this amendatory Act of
30 the 91st General Assembly.
31 (c) Definitions.
32 (1) "Armed with a dangerous weapon". A person is
33 considered armed with a dangerous weapon for purposes of
34 this Article, when he or she carries on or about his or
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1 her person or is otherwise armed with a Category I,
2 Category II, or Category III weapon.
3 (2) A Category I weapon is a handgun, sawed-off
4 shotgun, sawed-off rifle, any other firearm small enough
5 to be concealed upon the person, semiautomatic firearm,
6 or machine gun. A Category II weapon is any other rifle,
7 shotgun, spring gun, other firearm, stun gun or taser as
8 defined in paragraph (a) of Section 24-1 of this Code,
9 knife with a blade of at least 3 inches in length,
10 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
11 or other deadly or dangerous weapon or instrument of like
12 character. As used in this subsection (b) "semiautomatic
13 firearm" means a repeating firearm that utilizes a
14 portion of the energy of a firing cartridge to extract
15 the fired cartridge case and chamber the next round and
16 that requires a separate pull of the trigger to fire each
17 cartridge.
18 (3) A Category III weapon is a bludgeon,
19 black-jack, slungshot, sand-bag, sand-club, metal
20 knuckles, billy, or other dangerous weapon of like
21 character.
22 (Source: P.A. 91-404, eff. 1-1-00.)
23 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
24 Sec. 33A-3. Sentence.
25 (a) Violation of Section 33A-2(a) with a Category I
26 weapon is a Class X felony for which the defendant shall be
27 sentenced to a minimum term of imprisonment of 15 years.
28 (a-5) Violation of Section 33A-2(a) with a Category II
29 weapon is a Class X felony for which the defendant shall be
30 sentenced to a minimum term of imprisonment of 10 years.
31 (b) Violation of Section 33A-2(a) with a Category III
32 weapon is a Class 2 felony or the felony classification
33 provided for the same act while unarmed, whichever permits
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1 the greater penalty. A second or subsequent violation of
2 Section 33A-2(a) with a Category III weapon is a Class 1
3 felony or the felony classification provided for the same act
4 while unarmed, whichever permits the greater penalty.
5 (b-5) Violation of Section 33A-2(b) with a firearm that
6 is a Category I or Category II weapon is a Class X felony for
7 which the defendant shall be sentenced to a minimum term of
8 imprisonment of 20 years.
9 (b-10) Violation of Section 33A-2(c) with a firearm that
10 is a Category I or Category II weapon is a Class X felony for
11 which the defendant shall be sentenced to a term of
12 imprisonment of not less than 25 years nor more than 40
13 years.
14 (c) Unless sentencing under Section 33B-1 is applicable,
15 any person who violates subsection (a) or (b) of Section
16 33A-2 with a firearm, when that person has been convicted in
17 any state or federal court of 3 or more of the following
18 offenses: treason, first degree murder, second degree murder,
19 predatory criminal sexual assault of a child, aggravated
20 criminal sexual assault, criminal sexual assault, robbery,
21 burglary, arson, kidnaping, aggravated battery resulting in
22 great bodily harm or permanent disability or disfigurement,
23 or a violation of Section 401(a) of the Illinois Controlled
24 Substances Act, when the third offense was committed after
25 conviction on the second, the second offense was committed
26 after conviction on the first, and the violation of Section
27 33A-2 was committed after conviction on the third, shall be
28 sentenced to a term of imprisonment of not less than 25 years
29 nor more than 50 years.
30 (c-5) Except as otherwise provided in paragraph (b-10)
31 or (c) of this Section, a person who violates Section
32 33A-2(a) with a firearm that is a Category I weapon or
33 Section 33A-2(b) in any school, in any conveyance owned,
34 leased, or contracted by a school to transport students to or
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1 from school or a school related activity, or on the real
2 property comprising any school or public park, and where the
3 offense was related to the activities of an organized gang,
4 shall be sentenced to a term of imprisonment of not less than
5 the term set forth in subsection (a) or (b-5) of this
6 Section, whichever is applicable, and not more than 30 years.
7 For the purposes of this subsection (c-5), "organized gang"
8 has the meaning ascribed to it in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act.
10 (d) For armed violence based upon a predicate offense
11 listed in this subsection (d) the court shall enter the
12 sentence for armed violence to run consecutively to the
13 sentence imposed for the predicate offense. The offenses
14 covered by this provision are:
15 (i) solicitation of murder,
16 (ii) solicitation of murder for hire,
17 (iii) heinous battery,
18 (iv) aggravated battery of a senior citizen,
19 (v) criminal sexual assault,
20 (vi) a violation of subsection (g) of Section 5 of
21 the Cannabis Control Act,
22 (vii) cannabis trafficking,
23 (viii) a violation of subsection (a) of Section 401
24 of the Illinois Controlled Substances Act,
25 (ix) controlled substance trafficking involving a
26 Class X felony amount of controlled substance under
27 Section 401 of the Illinois Controlled Substances Act,
28 (x) calculated criminal drug conspiracy, or
29 (xi) streetgang criminal drug conspiracy.
30 (Source: P.A. 91-404, eff. 1-1-00.)
31 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
32 Sec. 33F-1. Definitions. For purposes of this Article:
33 (a) "Body Armor" means any one of the following:
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1 (1) A military style flak or tactical assault vest
2 which is made of Kevlar or any other similar material or
3 metal, fiberglass, plastic, and nylon plates and designed
4 to be worn over one's clothing for the intended purpose
5 of stopping not only missile fragmentation from mines,
6 grenades, mortar shells and artillery fire but also fire
7 from rifles, machine guns, and small arms.
8 (2) Soft body armor which is made of Kevlar or any
9 other similar material or metal or any other type of
10 insert and which is lightweight and pliable and which can
11 be easily concealed under a shirt.
12 (3) A military style recon/surveillance vest which
13 is made of Kevlar or any other similar material and which
14 is lightweight and designed to be worn over one's
15 clothing.
16 (4) Protective casual clothing which is made of
17 Kevlar or any other similar material and which was
18 originally intended to be used by undercover law
19 enforcement officers or dignitaries and is designed to
20 look like jackets, coats, raincoats, quilted or three
21 piece suit vests.
22 (b) "Dangerous weapon" means a Category I, Category II,
23 or Category III weapon as defined in Section 33A-1 of this
24 Code.
25 (Source: P.A. 87-521; 88-680, eff. 1-1-95.)
26 Section 50-10. The Wrongs to Children Act is amended by
27 re-enacting Section 5.1 as follows:
28 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
29 Sec. 5.1. A. A parent, step-parent, legal guardian, or
30 other person having custody of a child who knowingly allows
31 or permits an act of criminal sexual abuse or criminal sexual
32 assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
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1 12-16 of the Criminal Code of 1961, upon his or her child, or
2 knowingly permits, induces, promotes, or arranges for the
3 child to engage in prostitution as defined in Section 11-14
4 of the Criminal Code of 1961, and fails to take reasonable
5 steps to prevent its commission or future occurrences of such
6 acts commits the offense of permitting the sexual abuse of a
7 child. For purposes of this Section, "child" means a minor
8 under the age of 17 years.
9 B. Any person convicted of permitting the sexual abuse
10 of a child is guilty of a Class 1 felony.
11 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
12 89-462, eff. 5-29-96.)
13 Section 50-15. The Unified Code of Corrections is
14 amended by re-enacting Section 5-5-3 as follows:
15 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
16 Sec. 5-5-3. Disposition.
17 (a) Every person convicted of an offense shall be
18 sentenced as provided in this Section.
19 (b) The following options shall be appropriate
20 dispositions, alone or in combination, for all felonies and
21 misdemeanors other than those identified in subsection (c) of
22 this Section:
23 (1) A period of probation.
24 (2) A term of periodic imprisonment.
25 (3) A term of conditional discharge.
26 (4) A term of imprisonment.
27 (5) An order directing the offender to clean up and
28 repair the damage, if the offender was convicted under
29 paragraph (h) of Section 21-1 of the Criminal Code of
30 1961.
31 (6) A fine.
32 (7) An order directing the offender to make
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1 restitution to the victim under Section 5-5-6 of this
2 Code.
3 (8) A sentence of participation in a county impact
4 incarceration program under Section 5-8-1.2 of this Code.
5 Whenever an individual is sentenced for an offense based
6 upon an arrest for a violation of Section 11-501 of the
7 Illinois Vehicle Code, or a similar provision of a local
8 ordinance, and the professional evaluation recommends
9 remedial or rehabilitative treatment or education, neither
10 the treatment nor the education shall be the sole disposition
11 and either or both may be imposed only in conjunction with
12 another disposition. The court shall monitor compliance with
13 any remedial education or treatment recommendations contained
14 in the professional evaluation. Programs conducting alcohol
15 or other drug evaluation or remedial education must be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may
18 accept an alcohol or other drug evaluation or remedial
19 education program in the state of such individual's
20 residence. Programs providing treatment must be licensed
21 under existing applicable alcoholism and drug treatment
22 licensure standards.
23 In addition to any other fine or penalty required by law,
24 any individual convicted of a violation of Section 11-501 of
25 the Illinois Vehicle Code or a similar provision of local
26 ordinance, whose operation of a motor vehicle while in
27 violation of Section 11-501 or such ordinance proximately
28 caused an incident resulting in an appropriate emergency
29 response, shall be required to make restitution to a public
30 agency for the costs of that emergency response. Such
31 restitution shall not exceed $500 per public agency for each
32 such emergency response. For the purpose of this paragraph,
33 emergency response shall mean any incident requiring a
34 response by: a police officer as defined under Section 1-162
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1 of the Illinois Vehicle Code; a fireman carried on the rolls
2 of a regularly constituted fire department; and an ambulance
3 as defined under Section 4.05 of the Emergency Medical
4 Services (EMS) Systems Act.
5 Neither a fine nor restitution shall be the sole
6 disposition for a felony and either or both may be imposed
7 only in conjunction with another disposition.
8 (c) (1) When a defendant is found guilty of first degree
9 murder the State may either seek a sentence of
10 imprisonment under Section 5-8-1 of this Code, or where
11 appropriate seek a sentence of death under Section 9-1 of
12 the Criminal Code of 1961.
13 (2) A period of probation, a term of periodic
14 imprisonment or conditional discharge shall not be
15 imposed for the following offenses. The court shall
16 sentence the offender to not less than the minimum term
17 of imprisonment set forth in this Code for the following
18 offenses, and may order a fine or restitution or both in
19 conjunction with such term of imprisonment:
20 (A) First degree murder where the death
21 penalty is not imposed.
22 (B) Attempted first degree murder.
23 (C) A Class X felony.
24 (D) A violation of Section 401.1 or 407 of the
25 Illinois Controlled Substances Act, or a violation
26 of subdivision (c)(2) of Section 401 of that Act
27 which relates to more than 5 grams of a substance
28 containing cocaine or an analog thereof.
29 (E) A violation of Section 5.1 or 9 of the
30 Cannabis Control Act.
31 (F) A Class 2 or greater felony if the
32 offender had been convicted of a Class 2 or greater
33 felony within 10 years of the date on which he
34 committed the offense for which he is being
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1 sentenced.
2 (G) Residential burglary.
3 (H) Criminal sexual assault, except as
4 otherwise provided in subsection (e) of this
5 Section.
6 (I) Aggravated battery of a senior citizen.
7 (J) A forcible felony if the offense was
8 related to the activities of an organized gang.
9 Before July 1, 1994, for the purposes of this
10 paragraph, "organized gang" means an association of
11 5 or more persons, with an established hierarchy,
12 that encourages members of the association to
13 perpetrate crimes or provides support to the members
14 of the association who do commit crimes.
15 Beginning July 1, 1994, for the purposes of
16 this paragraph, "organized gang" has the meaning
17 ascribed to it in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19 (K) Vehicular hijacking.
20 (L) A second or subsequent conviction for the
21 offense of hate crime when the underlying offense
22 upon which the hate crime is based is felony
23 aggravated assault or felony mob action.
24 (M) A second or subsequent conviction for the
25 offense of institutional vandalism if the damage to
26 the property exceeds $300.
27 (N) A Class 3 felony violation of paragraph
28 (1) of subsection (a) of Section 2 of the Firearm
29 Owners Identification Card Act.
30 (O) A violation of Section 12-6.1 of the
31 Criminal Code of 1961.
32 (P) A violation of paragraph (1), (2), (3),
33 (4), (5), or (7) of subsection (a) of Section
34 11-20.1 of the Criminal Code of 1961.
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1 (Q) A violation of Section 20-1.2 of the
2 Criminal Code of 1961.
3 (R) A violation of Section 24-3A of the
4 Criminal Code of 1961.
5 (3) A minimum term of imprisonment of not less than
6 48 consecutive hours or 100 hours of community service as
7 may be determined by the court shall be imposed for a
8 second or subsequent violation committed within 5 years
9 of a previous violation of Section 11-501 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance.
11 (4) A minimum term of imprisonment of not less than
12 7 consecutive days or 30 days of community service shall
13 be imposed for a violation of paragraph (c) of Section
14 6-303 of the Illinois Vehicle Code.
15 (4.1) A minimum term of 30 consecutive days of
16 imprisonment, 40 days of 24 hour periodic imprisonment or
17 720 hours of community service, as may be determined by
18 the court, shall be imposed for a violation of Section
19 11-501 of the Illinois Vehicle Code during a period in
20 which the defendant's driving privileges are revoked or
21 suspended, where the revocation or suspension was for a
22 violation of Section 11-501 or Section 11-501.1 of that
23 Code.
24 (5) The court may sentence an offender convicted of
25 a business offense or a petty offense or a corporation or
26 unincorporated association convicted of any offense to:
27 (A) a period of conditional discharge;
28 (B) a fine;
29 (C) make restitution to the victim under
30 Section 5-5-6 of this Code.
31 (6) In no case shall an offender be eligible for a
32 disposition of probation or conditional discharge for a
33 Class 1 felony committed while he was serving a term of
34 probation or conditional discharge for a felony.
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1 (7) When a defendant is adjudged a habitual
2 criminal under Article 33B of the Criminal Code of 1961,
3 the court shall sentence the defendant to a term of
4 natural life imprisonment.
5 (8) When a defendant, over the age of 21 years, is
6 convicted of a Class 1 or Class 2 felony, after having
7 twice been convicted of any Class 2 or greater Class
8 felonies in Illinois, and such charges are separately
9 brought and tried and arise out of different series of
10 acts, such defendant shall be sentenced as a Class X
11 offender. This paragraph shall not apply unless (1) the
12 first felony was committed after the effective date of
13 this amendatory Act of 1977; and (2) the second felony
14 was committed after conviction on the first; and (3) the
15 third felony was committed after conviction on the
16 second.
17 (9) A defendant convicted of a second or subsequent
18 offense of ritualized abuse of a child may be sentenced
19 to a term of natural life imprisonment.
20 (d) In any case in which a sentence originally imposed
21 is vacated, the case shall be remanded to the trial court.
22 The trial court shall hold a hearing under Section 5-4-1 of
23 the Unified Code of Corrections which may include evidence of
24 the defendant's life, moral character and occupation during
25 the time since the original sentence was passed. The trial
26 court shall then impose sentence upon the defendant. The
27 trial court may impose any sentence which could have been
28 imposed at the original trial subject to Section 5-5-4 of the
29 Unified Code of Corrections.
30 (e) In cases where prosecution for criminal sexual
31 assault or aggravated criminal sexual abuse under Section
32 12-13 or 12-16 of the Criminal Code of 1961 results in
33 conviction of a defendant who was a family member of the
34 victim at the time of the commission of the offense, the
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1 court shall consider the safety and welfare of the victim and
2 may impose a sentence of probation only where:
3 (1) the court finds (A) or (B) or both are
4 appropriate:
5 (A) the defendant is willing to undergo a
6 court approved counseling program for a minimum
7 duration of 2 years; or
8 (B) the defendant is willing to participate in
9 a court approved plan including but not limited to
10 the defendant's:
11 (i) removal from the household;
12 (ii) restricted contact with the victim;
13 (iii) continued financial support of the
14 family;
15 (iv) restitution for harm done to the
16 victim; and
17 (v) compliance with any other measures
18 that the court may deem appropriate; and
19 (2) the court orders the defendant to pay for the
20 victim's counseling services, to the extent that the
21 court finds, after considering the defendant's income and
22 assets, that the defendant is financially capable of
23 paying for such services, if the victim was under 18
24 years of age at the time the offense was committed and
25 requires counseling as a result of the offense.
26 Probation may be revoked or modified pursuant to Section
27 5-6-4; except where the court determines at the hearing that
28 the defendant violated a condition of his or her probation
29 restricting contact with the victim or other family members
30 or commits another offense with the victim or other family
31 members, the court shall revoke the defendant's probation and
32 impose a term of imprisonment.
33 For the purposes of this Section, "family member" and
34 "victim" shall have the meanings ascribed to them in Section
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1 12-12 of the Criminal Code of 1961.
2 (f) This Article shall not deprive a court in other
3 proceedings to order a forfeiture of property, to suspend or
4 cancel a license, to remove a person from office, or to
5 impose any other civil penalty.
6 (g) Whenever a defendant is convicted of an offense
7 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
8 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
9 12-15 or 12-16 of the Criminal Code of 1961, the defendant
10 shall undergo medical testing to determine whether the
11 defendant has any sexually transmissible disease, including a
12 test for infection with human immunodeficiency virus (HIV) or
13 any other identified causative agent of acquired
14 immunodeficiency syndrome (AIDS). Any such medical test
15 shall be performed only by appropriately licensed medical
16 practitioners and may include an analysis of any bodily
17 fluids as well as an examination of the defendant's person.
18 Except as otherwise provided by law, the results of such test
19 shall be kept strictly confidential by all medical personnel
20 involved in the testing and must be personally delivered in a
21 sealed envelope to the judge of the court in which the
22 conviction was entered for the judge's inspection in camera.
23 Acting in accordance with the best interests of the victim
24 and the public, the judge shall have the discretion to
25 determine to whom, if anyone, the results of the testing may
26 be revealed. The court shall notify the defendant of the test
27 results. The court shall also notify the victim if requested
28 by the victim, and if the victim is under the age of 15 and
29 if requested by the victim's parents or legal guardian, the
30 court shall notify the victim's parents or legal guardian of
31 the test results. The court shall provide information on the
32 availability of HIV testing and counseling at Department of
33 Public Health facilities to all parties to whom the results
34 of the testing are revealed and shall direct the State's
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1 Attorney to provide the information to the victim when
2 possible. A State's Attorney may petition the court to obtain
3 the results of any HIV test administered under this Section,
4 and the court shall grant the disclosure if the State's
5 Attorney shows it is relevant in order to prosecute a charge
6 of criminal transmission of HIV under Section 12-16.2 of the
7 Criminal Code of 1961 against the defendant. The court shall
8 order that the cost of any such test shall be paid by the
9 county and may be taxed as costs against the convicted
10 defendant.
11 (g-5) When an inmate is tested for an airborne
12 communicable disease, as determined by the Illinois
13 Department of Public Health including but not limited to
14 tuberculosis, the results of the test shall be personally
15 delivered by the warden or his or her designee in a sealed
16 envelope to the judge of the court in which the inmate must
17 appear for the judge's inspection in camera if requested by
18 the judge. Acting in accordance with the best interests of
19 those in the courtroom, the judge shall have the discretion
20 to determine what if any precautions need to be taken to
21 prevent transmission of the disease in the courtroom.
22 (h) Whenever a defendant is convicted of an offense
23 under Section 1 or 2 of the Hypodermic Syringes and Needles
24 Act, the defendant shall undergo medical testing to determine
25 whether the defendant has been exposed to human
26 immunodeficiency virus (HIV) or any other identified
27 causative agent of acquired immunodeficiency syndrome (AIDS).
28 Except as otherwise provided by law, the results of such test
29 shall be kept strictly confidential by all medical personnel
30 involved in the testing and must be personally delivered in a
31 sealed envelope to the judge of the court in which the
32 conviction was entered for the judge's inspection in camera.
33 Acting in accordance with the best interests of the public,
34 the judge shall have the discretion to determine to whom, if
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1 anyone, the results of the testing may be revealed. The court
2 shall notify the defendant of a positive test showing an
3 infection with the human immunodeficiency virus (HIV). The
4 court shall provide information on the availability of HIV
5 testing and counseling at Department of Public Health
6 facilities to all parties to whom the results of the testing
7 are revealed and shall direct the State's Attorney to provide
8 the information to the victim when possible. A State's
9 Attorney may petition the court to obtain the results of any
10 HIV test administered under this Section, and the court
11 shall grant the disclosure if the State's Attorney shows it
12 is relevant in order to prosecute a charge of criminal
13 transmission of HIV under Section 12-16.2 of the Criminal
14 Code of 1961 against the defendant. The court shall order
15 that the cost of any such test shall be paid by the county
16 and may be taxed as costs against the convicted defendant.
17 (i) All fines and penalties imposed under this Section
18 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance,
20 and any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected
22 and disbursed by the circuit clerk as provided under Section
23 27.5 of the Clerks of Courts Act.
24 (j) In cases when prosecution for any violation of
25 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
26 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
27 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
28 12-16 of the Criminal Code of 1961, any violation of the
29 Illinois Controlled Substances Act, or any violation of the
30 Cannabis Control Act results in conviction, a disposition of
31 court supervision, or an order of probation granted under
32 Section 10 of the Cannabis Control Act or Section 410 of the
33 Illinois Controlled Substance Act of a defendant, the court
34 shall determine whether the defendant is employed by a
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1 facility or center as defined under the Child Care Act of
2 1969, a public or private elementary or secondary school, or
3 otherwise works with children under 18 years of age on a
4 daily basis. When a defendant is so employed, the court
5 shall order the Clerk of the Court to send a copy of the
6 judgment of conviction or order of supervision or probation
7 to the defendant's employer by certified mail. If the
8 employer of the defendant is a school, the Clerk of the Court
9 shall direct the mailing of a copy of the judgment of
10 conviction or order of supervision or probation to the
11 appropriate regional superintendent of schools. The regional
12 superintendent of schools shall notify the State Board of
13 Education of any notification under this subsection.
14 (j-5) A defendant at least 17 years of age who is
15 convicted of a felony and who has not been previously
16 convicted of a misdemeanor or felony and who is sentenced to
17 a term of imprisonment in the Illinois Department of
18 Corrections shall as a condition of his or her sentence be
19 required by the court to attend educational courses designed
20 to prepare the defendant for a high school diploma and to
21 work toward a high school diploma or to work toward passing
22 the high school level Test of General Educational Development
23 (GED) or to work toward completing a vocational training
24 program offered by the Department of Corrections. If a
25 defendant fails to complete the educational training required
26 by his or her sentence during the term of incarceration, the
27 Prisoner Review Board shall, as a condition of mandatory
28 supervised release, require the defendant, at his or her own
29 expense, to pursue a course of study toward a high school
30 diploma or passage of the GED test. The Prisoner Review
31 Board shall revoke the mandatory supervised release of a
32 defendant who wilfully fails to comply with this subsection
33 (j-5) upon his or her release from confinement in a penal
34 institution while serving a mandatory supervised release
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1 term; however, the inability of the defendant after making a
2 good faith effort to obtain financial aid or pay for the
3 educational training shall not be deemed a wilful failure to
4 comply. The Prisoner Review Board shall recommit the
5 defendant whose mandatory supervised release term has been
6 revoked under this subsection (j-5) as provided in Section
7 3-3-9. This subsection (j-5) does not apply to a defendant
8 who has a high school diploma or has successfully passed the
9 GED test. This subsection (j-5) does not apply to a defendant
10 who is determined by the court to be developmentally disabled
11 or otherwise mentally incapable of completing the educational
12 or vocational program.
13 (k) A court may not impose a sentence or disposition for
14 a felony or misdemeanor that requires the defendant to be
15 implanted or injected with or to use any form of birth
16 control.
17 (l) (A) Except as provided in paragraph (C) of
18 subsection (l), whenever a defendant, who is an alien as
19 defined by the Immigration and Nationality Act, is
20 convicted of any felony or misdemeanor offense, the court
21 after sentencing the defendant may, upon motion of the
22 State's Attorney, hold sentence in abeyance and remand
23 the defendant to the custody of the Attorney General of
24 the United States or his or her designated agent to be
25 deported when:
26 (1) a final order of deportation has been
27 issued against the defendant pursuant to proceedings
28 under the Immigration and Nationality Act, and
29 (2) the deportation of the defendant would not
30 deprecate the seriousness of the defendant's conduct
31 and would not be inconsistent with the ends of
32 justice.
33 Otherwise, the defendant shall be sentenced as
34 provided in this Chapter V.
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1 (B) If the defendant has already been sentenced for
2 a felony or misdemeanor offense, or has been placed on
3 probation under Section 10 of the Cannabis Control Act or
4 Section 410 of the Illinois Controlled Substances Act,
5 the court may, upon motion of the State's Attorney to
6 suspend the sentence imposed, commit the defendant to the
7 custody of the Attorney General of the United States or
8 his or her designated agent when:
9 (1) a final order of deportation has been
10 issued against the defendant pursuant to proceedings
11 under the Immigration and Nationality Act, and
12 (2) the deportation of the defendant would not
13 deprecate the seriousness of the defendant's conduct
14 and would not be inconsistent with the ends of
15 justice.
16 (C) This subsection (l) does not apply to offenders
17 who are subject to the provisions of paragraph (2) of
18 subsection (a) of Section 3-6-3.
19 (D) Upon motion of the State's Attorney, if a
20 defendant sentenced under this Section returns to the
21 jurisdiction of the United States, the defendant shall be
22 recommitted to the custody of the county from which he or
23 she was sentenced. Thereafter, the defendant shall be
24 brought before the sentencing court, which may impose any
25 sentence that was available under Section 5-5-3 at the
26 time of initial sentencing. In addition, the defendant
27 shall not be eligible for additional good conduct credit
28 for meritorious service as provided under Section 3-6-6.
29 (m) A person convicted of criminal defacement of
30 property under Section 21-1.3 of the Criminal Code of 1961,
31 in which the property damage exceeds $300 and the property
32 damaged is a school building, shall be ordered to perform
33 community service that may include cleanup, removal, or
34 painting over the defacement.
-104- LRB9102768EGfgam03
1 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
2 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
3 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)
4 ARTICLE 900
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 ARTICLE 990
13 Section 990-1. Severability. The provisions of this Act
14 are severable under Section 1.31 of the Statute on Statutes.
15 ARTICLE 999
16 Section 999-1. Effective date. This Act takes effect
17 upon becoming law.".