State of Illinois
91st General Assembly
Legislation
1st Special Session

[ Regular Legislation ]      [ Special Session Legislation ]
[ Home ]      [ Back ]      [ Search ]      [ Bottom ]


[ Introduced ][ Engrossed ]

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
 
                            -2-            LRB9102768EGfgam03
 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
 
                            -3-            LRB9102768EGfgam03
 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
 
                            -4-            LRB9102768EGfgam03
 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
 
                            -5-            LRB9102768EGfgam03
 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
 
                            -6-            LRB9102768EGfgam03
 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;
 
                            -7-            LRB9102768EGfgam03
 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
 
                            -8-            LRB9102768EGfgam03
 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,
 
                            -9-            LRB9102768EGfgam03
 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:
 
                            -10-           LRB9102768EGfgam03
 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
 
                            -11-           LRB9102768EGfgam03
 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
 
                            -12-           LRB9102768EGfgam03
 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;
 
                            -13-           LRB9102768EGfgam03
 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,
 
                            -14-           LRB9102768EGfgam03
 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
 
                            -15-           LRB9102768EGfgam03
 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;
 
                            -16-           LRB9102768EGfgam03
 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
 
                            -17-           LRB9102768EGfgam03
 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
 
                            -18-           LRB9102768EGfgam03
 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
 
                            -19-           LRB9102768EGfgam03
 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
 
                            -20-           LRB9102768EGfgam03
 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
 
                            -21-           LRB9102768EGfgam03
 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
 
                            -22-           LRB9102768EGfgam03
 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;
 
                            -23-           LRB9102768EGfgam03
 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
 
                            -24-           LRB9102768EGfgam03
 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
 
                            -25-           LRB9102768EGfgam03
 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,
 
                            -26-           LRB9102768EGfgam03
 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
 
                            -27-           LRB9102768EGfgam03
 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
 
                            -28-           LRB9102768EGfgam03
 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
 
                            -29-           LRB9102768EGfgam03
 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
 
                            -30-           LRB9102768EGfgam03
 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.
 
                            -31-           LRB9102768EGfgam03
 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
 
                            -32-           LRB9102768EGfgam03
 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
 
                            -33-           LRB9102768EGfgam03
 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;
 
                            -34-           LRB9102768EGfgam03
 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
 
                            -35-           LRB9102768EGfgam03
 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
 
                            -36-           LRB9102768EGfgam03
 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
 
                            -37-           LRB9102768EGfgam03
 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:
 
                            -38-           LRB9102768EGfgam03
 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:
 
                            -39-           LRB9102768EGfgam03
 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
 
                            -40-           LRB9102768EGfgam03
 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
 
                            -41-           LRB9102768EGfgam03
 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.
 
                            -42-           LRB9102768EGfgam03
 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
 
                            -43-           LRB9102768EGfgam03
 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
 
                            -44-           LRB9102768EGfgam03
 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
 
                            -45-           LRB9102768EGfgam03
 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
 
                            -46-           LRB9102768EGfgam03
 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
 
                            -47-           LRB9102768EGfgam03
 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;
 
                            -48-           LRB9102768EGfgam03
 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
 
                            -49-           LRB9102768EGfgam03
 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,
 
                            -50-           LRB9102768EGfgam03
 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
 
                            -51-           LRB9102768EGfgam03
 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
 
                            -52-           LRB9102768EGfgam03
 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,
 
                            -53-           LRB9102768EGfgam03
 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
 
                            -54-           LRB9102768EGfgam03
 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
 
                            -55-           LRB9102768EGfgam03
 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
 
                            -56-           LRB9102768EGfgam03
 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
 
                            -57-           LRB9102768EGfgam03
 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
 
                            -58-           LRB9102768EGfgam03
 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
 
                            -59-           LRB9102768EGfgam03
 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
 
                            -60-           LRB9102768EGfgam03
 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
 
                            -61-           LRB9102768EGfgam03
 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
 
                            -62-           LRB9102768EGfgam03
 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;
 
                            -63-           LRB9102768EGfgam03
 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
 
                            -64-           LRB9102768EGfgam03
 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.
 
                            -65-           LRB9102768EGfgam03
 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.
 
                            -66-           LRB9102768EGfgam03
 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
 
                            -67-           LRB9102768EGfgam03
 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
 
                            -68-           LRB9102768EGfgam03
 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
 
                            -69-           LRB9102768EGfgam03
 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
 
                            -70-           LRB9102768EGfgam03
 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
 
                            -71-           LRB9102768EGfgam03
 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
 
                            -72-           LRB9102768EGfgam03
 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;
 
                            -73-           LRB9102768EGfgam03
 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)
 
                            -74-           LRB9102768EGfgam03
 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
 
                            -75-           LRB9102768EGfgam03
 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
 
                            -76-           LRB9102768EGfgam03
 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
 
                            -77-           LRB9102768EGfgam03
 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.
 
                            -78-           LRB9102768EGfgam03
 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,
 
                            -79-           LRB9102768EGfgam03
 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
 
                            -80-           LRB9102768EGfgam03
 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
 
                            -81-           LRB9102768EGfgam03
 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
 
                            -82-           LRB9102768EGfgam03
 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.
 
                            -83-           LRB9102768EGfgam03
 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,
 
                            -84-           LRB9102768EGfgam03
 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
 
                            -85-           LRB9102768EGfgam03
 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,
 
                            -86-           LRB9102768EGfgam03
 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
 
                            -87-           LRB9102768EGfgam03
 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
 
                            -88-           LRB9102768EGfgam03
 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
 
                            -89-           LRB9102768EGfgam03
 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:
 
                            -90-           LRB9102768EGfgam03
 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
 
                            -91-           LRB9102768EGfgam03
 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
 
                            -92-           LRB9102768EGfgam03
 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
 
                            -93-           LRB9102768EGfgam03
 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
 
                            -94-           LRB9102768EGfgam03
 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.
 
                            -95-           LRB9102768EGfgam03
 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.
 
                            -96-           LRB9102768EGfgam03
 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
 
                            -97-           LRB9102768EGfgam03
 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
 
                            -98-           LRB9102768EGfgam03
 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
 
                            -99-           LRB9102768EGfgam03
 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
 
                            -100-          LRB9102768EGfgam03
 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
 
                            -101-          LRB9102768EGfgam03
 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
 
                            -102-          LRB9102768EGfgam03
 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.
 
                            -103-          LRB9102768EGfgam03
 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.".

[ Top ]