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92_SB0629sam005
LRB9208026RCcdam
1 AMENDMENT TO SENATE BILL 629
2 AMENDMENT NO. . Amend Senate Bill 629, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Humane Care for Animals Act is amended
6 by changing Sections 2.07, 4.01, and 16 as follows:
7 (510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
8 Sec. 2.07. Person. "Person" means any individual,
9 minor, firm, corporation, partnership, other business unit,
10 society, association, or other legal entity, any public or
11 private institution, the State of Illinois, or any municipal
12 corporation or political subdivision of the State.
13 (Source: P.A. 78-905.)
14 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
15 Sec. 4.01. Prohibitions.
16 (a) No person may own, capture, breed, train, or lease
17 any animal which he or she knows or should know is intended
18 for use in any show, exhibition, program, or other activity
19 featuring or otherwise involving a fight between such animal
20 and any other animal or human, or the intentional killing of
21 any animal for the purpose of sport, wagering, or
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1 entertainment.
2 (b) No person shall promote, conduct, carry on,
3 advertise, collect money for or in any other manner assist
4 or aid in the presentation for purposes of sport, wagering,
5 or entertainment, any show, exhibition, program, or other
6 activity involving a fight between 2 or more animals or any
7 animal and human, or the intentional killing of any animal.
8 (c) No person shall sell or offer for sale, ship,
9 transport, or otherwise move, or deliver or receive any
10 animal which he or she knows or should know has been
11 captured, bred, or trained, or will be used, to fight another
12 animal or human or be intentionally killed, for the purpose
13 of sport, wagering, or entertainment.
14 (d) No person shall manufacture for sale, shipment,
15 transportation or delivery any device or equipment which that
16 person knows or should know is intended for use in any show,
17 exhibition, program, or other activity featuring or otherwise
18 involving a fight between 2 or more animals, or any human and
19 animal, or the intentional killing of any animal for purposes
20 of sport, wagering or entertainment.
21 (e) No person shall own, possess, sell or offer for
22 sale, ship, transport, or otherwise move any equipment or
23 device which such person knows or should know is intended for
24 use in connection with any show, exhibition, program, or
25 activity featuring or otherwise involving a fight between 2
26 or more animals, or any animal and human, or the intentional
27 killing of any animal for purposes of sport, wagering or
28 entertainment.
29 (f) No person shall make available any site, structure,
30 or facility, whether enclosed or not, which he or she knows
31 or should know is intended to be used for the purpose of
32 conducting any show, exhibition, program, or other activity
33 involving a fight between 2 or more animals, or any animal
34 and human, or the intentional killing of any animal.
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1 (g) No person shall attend or otherwise patronize any
2 show, exhibition, program, or other activity featuring or
3 otherwise involving a fight between 2 or more animals, or any
4 animal and human, or the intentional killing of any animal
5 for the purposes of sport, wagering or entertainment.
6 (h) No person shall tie or attach or fasten any live
7 animal to any machine or device propelled by any power for
8 the purpose of causing such animal to be pursued by a dog or
9 dogs. This subsection (h) shall apply only when such dog is
10 intended to be used in a dog fight.
11 (i) Any animals or equipment involved in a violation of
12 this Section shall be immediately seized and impounded under
13 Section 12 by the Department when located at any show,
14 exhibition, program, or other activity featuring or otherwise
15 involving an animal fight.
16 (j) Any vehicle or conveyance other than a common
17 carrier that is used in violation of this Section shall be
18 seized, held, and offered for sale at public auction by the
19 sheriff's department of the proper jurisdiction, and the
20 proceeds from the sale shall be remitted to the general fund
21 of the the county where the violation took place.
22 (k) Any veterinarian in this State who is presented with
23 an animal for treatment of injuries or wounds resulting from
24 fighting where there is a reasonable possibility that the
25 animal was engaged in or utilized for a fighting event shall
26 file a report with the Department and cooperate by furnishing
27 the owners' names, dates, and descriptions of the animal or
28 animals involved. Any veterinarian who in good faith complies
29 with the requirements of this subsection has immunity from
30 any liability, civil, criminal, or otherwise, that may result
31 from his or her actions. For the purposes of any
32 proceedings, civil or criminal, the good faith of the
33 veterinarian shall be rebuttably presumed.
34 (l) No person shall conspire or solicit a minor to
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1 violate this Section. A violation of this subsection is a
2 Class A misdemeanor.
3 (Source: P.A. 87-819.)
4 (510 ILCS 70/16) (from Ch. 8, par. 716)
5 Sec. 16. Violations; punishment; injunctions.
6 (a) Any person convicted of violating Sections 5, 5.01,
7 or 6 of this Act or any rule, regulation, or order of the
8 Department pursuant thereto, is guilty of a Class C
9 misdemeanor.
10 (b)(1) This subsection (b) does not apply where the
11 only animals involved in the violation are dogs.
12 (2) Any person convicted of violating subsection
13 (a), (b), (c) or (h) of Section 4.01 of this Act or any
14 rule, regulation, or order of the Department pursuant
15 thereto, is guilty of a Class A misdemeanor.
16 (3) A second or subsequent offense involving the
17 violation of subsection (a), (b) or (c) of Section 4.01
18 of this Act or any rule, regulation, or order of the
19 Department pursuant thereto is a Class 4 felony.
20 (4) Any person convicted of violating subsection
21 (d), (e) or (f) of Section 4.01 of this Act or any rule,
22 regulation, or order of the Department pursuant thereto,
23 is guilty of a Class B misdemeanor.
24 (5) Any person convicted of violating subsection
25 (g) of Section 4.01 of this Act or any rule, regulation,
26 or order of the Department pursuant thereto is guilty of
27 a Class C misdemeanor.
28 (c)(1) This subsection (c) applies exclusively
29 where the only animals involved in the violation are
30 dogs.
31 (2) Any person convicted of violating subsection
32 (a), (b) or (c) of Section 4.01 of this Act or any rule,
33 regulation or order of the Department pursuant thereto is
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1 guilty of a Class 4 felony and may be fined an amount not
2 to exceed $50,000.
3 (3) Any person convicted of violating subsection
4 (d), (e) or (f) of Section 4.01 of this Act or any rule,
5 regulation or order of the Department pursuant thereto is
6 guilty of Class A misdemeanor, if such person knew or
7 should have known that the device or equipment under
8 subsection (d) or (e) of that Section or the site,
9 structure or facility under subsection (f) of that
10 Section was to be used to carry out a violation where the
11 only animals involved were dogs. Where such person did
12 not know or should not reasonably have been expected to
13 know that the only animals involved in the violation were
14 dogs, the penalty shall be same as that provided for in
15 paragraph (4) of subsection (b).
16 (4) Any person convicted of violating subsection
17 (g) of Section 4.01 of this Act or any rule, regulation
18 or order of the Department pursuant thereto is guilty of
19 a Class C misdemeanor.
20 (5) A second or subsequent violation of subsection
21 (a), (b) or (c) of Section 4.01 of this Act or any rule,
22 regulation or order of the Department pursuant thereto is
23 a Class 3 felony. A second or subsequent violation of
24 subsection (d), (e) or (f) of Section 4.01 of this Act or
25 any rule, regulation or order of the Department adopted
26 pursuant thereto is a Class 3 felony, if in each
27 violation the person knew or should have known that the
28 device or equipment under subsection (d) or (e) of that
29 Section or the site, structure or facility under
30 subsection (f) of that Section was to be used to carry
31 out a violation where the only animals involved were
32 dogs. Where such person did not know or should not
33 reasonably have been expected to know that the only
34 animals involved in the violation were dogs, a second or
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1 subsequent violation of subsection (d), (e) or (f) of
2 Section 4.01 of this Act or any rule, regulation or order
3 of the Department adopted pursuant thereto is a Class A
4 misdemeanor. A second or subsequent violation of
5 subsection (g) is a Class B misdemeanor.
6 (6) Any person convicted of violating Section 3.01
7 of this Act is guilty of a Class C misdemeanor. A second
8 conviction for a violation of Section 3.01 is a Class B
9 misdemeanor. A third or subsequent conviction for a
10 violation of Section 3.01 is a Class A misdemeanor.
11 (7) Any person convicted of violating Section 4.03
12 is guilty of a Class B misdemeanor.
13 (8) Any person convicted of violating Section 4.04
14 is guilty of a Class A misdemeanor where the animal is
15 not killed or totally disabled, but if the animal is
16 killed or totally disabled such person shall be guilty of
17 a Class 4 felony.
18 (8.5) A person convicted of violating subsection
19 (a) of Section 7.15 is guilty of a Class B misdemeanor.
20 A person convicted of violating subsection (b) or (c) of
21 Section 7.15 is (i) guilty of a Class A misdemeanor if
22 the dog is not killed or totally disabled and (ii) if the
23 dog is killed or totally disabled, guilty of a Class 4
24 felony and may be ordered by the court to make
25 restitution to the disabled person having custody or
26 ownership of the dog for veterinary bills and replacement
27 costs of the dog.
28 (9) Any person convicted of violating any other
29 provision of this Act, or any rule, regulation, or order
30 of the Department pursuant thereto, is guilty of a Class
31 C misdemeanor with every day that a violation continues
32 constituting a separate offense.
33 (d) Any person convicted of violating Section 7.1 is
34 guilty of a petty offense. A second or subsequent conviction
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1 for a violation of Section 7.1 is a Class C misdemeanor.
2 (e) Any person convicted of violating Section 3.02 is
3 guilty of a Class 4 felony A misdemeanor. A second or
4 subsequent violation is a Class 3 4 felony.
5 (f) The Department may enjoin a person from a continuing
6 violation of this Act.
7 (g) Any person convicted of violating Section 3.03 is
8 guilty of a Class 4 felony. A second or subsequent offense
9 is a Class 3 felony. As a condition of the sentence imposed
10 under this Section, the court shall order the offender to
11 undergo a psychological or psychiatric evaluation and to
12 undergo treatment that the court determines to be appropriate
13 after due consideration of the evaluation.
14 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97;
15 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff.
16 7-29-99; revised 8-30-99.)
17 Section 10. The Juvenile Court Act of 1987 is amended by
18 changing Sections 5-615, 5-710, and 5-715 as follows:
19 (705 ILCS 405/5-615)
20 Sec. 5-615. Continuance under supervision.
21 (1) The court may enter an order of continuance under
22 supervision for an offense other than first degree murder, a
23 Class X felony or a forcible felony (a) upon an admission or
24 stipulation by the appropriate respondent or minor respondent
25 of the facts supporting the petition and before proceeding to
26 adjudication, or after hearing the evidence at the trial, and
27 (b) in the absence of objection made in open court by the
28 minor, his or her parent, guardian, or legal custodian, the
29 minor's attorney or the State's Attorney.
30 (2) If the minor, his or her parent, guardian, or legal
31 custodian, the minor's attorney or State's Attorney objects
32 in open court to any continuance and insists upon proceeding
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1 to findings and adjudication, the court shall so proceed.
2 (3) Nothing in this Section limits the power of the
3 court to order a continuance of the hearing for the
4 production of additional evidence or for any other proper
5 reason.
6 (4) When a hearing where a minor is alleged to be a
7 delinquent is continued pursuant to this Section, the period
8 of continuance under supervision may not exceed 24 months.
9 The court may terminate a continuance under supervision at
10 any time if warranted by the conduct of the minor and the
11 ends of justice.
12 (5) When a hearing where a minor is alleged to be
13 delinquent is continued pursuant to this Section, the court
14 may, as conditions of the continuance under supervision,
15 require the minor to do any of the following:
16 (a) not violate any criminal statute of any
17 jurisdiction;
18 (b) make a report to and appear in person before
19 any person or agency as directed by the court;
20 (c) work or pursue a course of study or vocational
21 training;
22 (d) undergo medical or psychotherapeutic treatment
23 rendered by a therapist licensed under the provisions of
24 the Medical Practice Act of 1987, the Clinical
25 Psychologist Licensing Act, or the Clinical Social Work
26 and Social Work Practice Act, or an entity licensed by
27 the Department of Human Services as a successor to the
28 Department of Alcoholism and Substance Abuse, for the
29 provision of drug addiction and alcoholism treatment;
30 (e) attend or reside in a facility established for
31 the instruction or residence of persons on probation;
32 (f) support his or her dependents, if any;
33 (g) pay costs;
34 (h) refrain from possessing a firearm or other
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1 dangerous weapon, or an automobile;
2 (i) permit the probation officer to visit him or
3 her at his or her home or elsewhere;
4 (j) reside with his or her parents or in a foster
5 home;
6 (k) attend school;
7 (l) attend a non-residential program for youth;
8 (m) contribute to his or her own support at home or
9 in a foster home;
10 (n) perform some reasonable public or community
11 service;
12 (o) make restitution to the victim, in the same
13 manner and under the same conditions as provided in
14 subsection (4) of Section 5-710, except that the
15 "sentencing hearing" referred to in that Section shall be
16 the adjudicatory hearing for purposes of this Section;
17 (p) comply with curfew requirements as designated
18 by the court;
19 (q) refrain from entering into a designated
20 geographic area except upon terms as the court finds
21 appropriate. The terms may include consideration of the
22 purpose of the entry, the time of day, other persons
23 accompanying the minor, and advance approval by a
24 probation officer;
25 (r) refrain from having any contact, directly or
26 indirectly, with certain specified persons or particular
27 types of persons, including but not limited to members of
28 street gangs and drug users or dealers;
29 (r-5) undergo a medical or other procedure to have
30 a tattoo symbolizing allegiance to a street gang removed
31 from his or her body;
32 (s) refrain from having in his or her body the
33 presence of any illicit drug prohibited by the Cannabis
34 Control Act or the Illinois Controlled Substances Act,
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1 unless prescribed by a physician, and submit samples of
2 his or her blood or urine or both for tests to determine
3 the presence of any illicit drug; or
4 (t) comply with any other conditions as may be
5 ordered by the court.
6 (6) A minor whose case is continued under supervision
7 under subsection (5) shall be given a certificate setting
8 forth the conditions imposed by the court. Those conditions
9 may be reduced, enlarged, or modified by the court on motion
10 of the probation officer or on its own motion, or that of the
11 State's Attorney, or, at the request of the minor after
12 notice and hearing.
13 (7) If a petition is filed charging a violation of a
14 condition of the continuance under supervision, the court
15 shall conduct a hearing. If the court finds that a condition
16 of supervision has not been fulfilled, the court may proceed
17 to findings and adjudication and disposition. The filing of
18 a petition for violation of a condition of the continuance
19 under supervision shall toll the period of continuance under
20 supervision until the final determination of the charge, and
21 the term of the continuance under supervision shall not run
22 until the hearing and disposition of the petition for
23 violation; provided where the petition alleges conduct that
24 does not constitute a criminal offense, the hearing must be
25 held within 30 days of the filing of the petition unless a
26 delay shall continue the tolling of the period of continuance
27 under supervision for the period of the delay.
28 (8) When a hearing in which a minor is alleged to be a
29 delinquent for reasons that include a violation of Section
30 21-1.3 of the Criminal Code of 1961 is continued under this
31 Section, the court shall, as a condition of the continuance
32 under supervision, require the minor to perform community
33 service for not less than 30 and not more than 120 hours, if
34 community service is available in the jurisdiction. The
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1 community service shall include, but need not be limited to,
2 the cleanup and repair of the damage that was caused by the
3 alleged violation or similar damage to property located in
4 the municipality or county in which the alleged violation
5 occurred. The condition may be in addition to any other
6 condition.
7 (8.5) When a hearing in which a minor is alleged to be a
8 delinquent for reasons that include a violation of Section
9 3.02 of the Humane Care for Animals Act or subsection (d) of
10 Section 21-1 of the Criminal Code of 1961 is continued under
11 this Section, the court shall, as a condition of the
12 continuance under supervision, require the minor to undergo
13 medical or psychiatric treatment, rendered by a psychiatrist
14 or psychological treatment rendered by a clinical
15 psychologist. The condition may be in addition to any other
16 condition.
17 (9) When a hearing in which a minor is alleged to be a
18 delinquent is continued under this Section, the court, before
19 continuing the case, shall make a finding whether the offense
20 alleged to have been committed either: (i) was related to or
21 in furtherance of the activities of an organized gang or was
22 motivated by the minor's membership in or allegiance to an
23 organized gang, or (ii) is a violation of paragraph (13) of
24 subsection (a) of Section 12-2 of the Criminal Code of 1961,
25 a violation of any Section of Article 24 of the Criminal Code
26 of 1961, or a violation of any statute that involved the
27 unlawful use of a firearm. If the court determines the
28 question in the affirmative the court shall, as a condition
29 of the continuance under supervision and as part of or in
30 addition to any other condition of the supervision, require
31 the minor to perform community service for not less than 30
32 hours, provided that community service is available in the
33 jurisdiction and is funded and approved by the county board
34 of the county where the offense was committed. The community
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1 service shall include, but need not be limited to, the
2 cleanup and repair of any damage caused by an alleged
3 violation of Section 21-1.3 of the Criminal Code of 1961 and
4 similar damage to property located in the municipality or
5 county in which the alleged violation occurred. When
6 possible and reasonable, the community service shall be
7 performed in the minor's neighborhood. For the purposes of
8 this Section, "organized gang" has the meaning ascribed to it
9 in Section 10 of the Illinois Streetgang Terrorism Omnibus
10 Prevention Act.
11 (10) The court shall impose upon a minor placed on
12 supervision, as a condition of the supervision, a fee of $25
13 for each month of supervision ordered by the court, unless
14 after determining the inability of the minor placed on
15 supervision to pay the fee, the court assesses a lesser
16 amount. The court may not impose the fee on a minor who is
17 made a ward of the State under this Act while the minor is in
18 placement. The fee shall be imposed only upon a minor who is
19 actively supervised by the probation and court services
20 department. A court may order the parent, guardian, or legal
21 custodian of the minor to pay some or all of the fee on the
22 minor's behalf.
23 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
24 91-332, eff. 7-29-99; revised 10-7-99.)
25 (705 ILCS 405/5-710)
26 Sec. 5-710. Kinds of sentencing orders.
27 (1) The following kinds of sentencing orders may be made
28 in respect of wards of the court:
29 (a) Except as provided in Sections 5-805, 5-810,
30 5-815, a minor who is found guilty under Section 5-620
31 may be:
32 (i) put on probation or conditional discharge
33 and released to his or her parents, guardian or
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1 legal custodian, provided, however, that any such
2 minor who is not committed to the Department of
3 Corrections, Juvenile Division under this subsection
4 and who is found to be a delinquent for an offense
5 which is first degree murder, a Class X felony, or a
6 forcible felony shall be placed on probation;
7 (ii) placed in accordance with Section 5-740,
8 with or without also being put on probation or
9 conditional discharge;
10 (iii) required to undergo a substance abuse
11 assessment conducted by a licensed provider and
12 participate in the indicated clinical level of care;
13 (iv) placed in the guardianship of the
14 Department of Children and Family Services, but only
15 if the delinquent minor is under 13 years of age;
16 (v) placed in detention for a period not to
17 exceed 30 days, either as the exclusive order of
18 disposition or, where appropriate, in conjunction
19 with any other order of disposition issued under
20 this paragraph, provided that any such detention
21 shall be in a juvenile detention home and the minor
22 so detained shall be 10 years of age or older.
23 However, the 30-day limitation may be extended by
24 further order of the court for a minor under age 13
25 committed to the Department of Children and Family
26 Services if the court finds that the minor is a
27 danger to himself or others. The minor shall be
28 given credit on the sentencing order of detention
29 for time spent in detention under Sections 5-501,
30 5-601, 5-710, or 5-720 of this Article as a result
31 of the offense for which the sentencing order was
32 imposed. The court may grant credit on a sentencing
33 order of detention entered under a violation of
34 probation or violation of conditional discharge
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1 under Section 5-720 of this Article for time spent
2 in detention before the filing of the petition
3 alleging the violation. A minor shall not be
4 deprived of credit for time spent in detention
5 before the filing of a violation of probation or
6 conditional discharge alleging the same or related
7 act or acts;
8 (vi) ordered partially or completely
9 emancipated in accordance with the provisions of the
10 Emancipation of Mature Minors Act;
11 (vii) subject to having his or her driver's
12 license or driving privileges suspended for such
13 time as determined by the court but only until he or
14 she attains 18 years of age;
15 (viii) put on probation or conditional
16 discharge and placed in detention under Section
17 3-6039 of the Counties Code for a period not to
18 exceed the period of incarceration permitted by law
19 for adults found guilty of the same offense or
20 offenses for which the minor was adjudicated
21 delinquent, and in any event no longer than upon
22 attainment of age 21; this subdivision (viii)
23 notwithstanding any contrary provision of the law;
24 or
25 (ix) ordered to undergo a medical or other
26 procedure to have a tattoo symbolizing allegiance to
27 a street gang removed from his or her body.
28 (b) A minor found to be guilty may be committed to
29 the Department of Corrections, Juvenile Division, under
30 Section 5-750 if the minor is 13 years of age or older,
31 provided that the commitment to the Department of
32 Corrections, Juvenile Division, shall be made only if a
33 term of incarceration is permitted by law for adults
34 found guilty of the offense for which the minor was
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1 adjudicated delinquent. The time during which a minor is
2 in custody before being released upon the request of a
3 parent, guardian or legal custodian shall be considered
4 as time spent in detention.
5 (c) When a minor is found to be guilty for an
6 offense which is a violation of the Illinois Controlled
7 Substances Act or the Cannabis Control Act and made a
8 ward of the court, the court may enter a disposition
9 order requiring the minor to undergo assessment,
10 counseling or treatment in a substance abuse program
11 approved by the Department of Human Services.
12 (2) Any sentencing order other than commitment to the
13 Department of Corrections, Juvenile Division, may provide for
14 protective supervision under Section 5-725 and may include an
15 order of protection under Section 5-730.
16 (3) Unless the sentencing order expressly so provides,
17 it does not operate to close proceedings on the pending
18 petition, but is subject to modification until final closing
19 and discharge of the proceedings under Section 5-750.
20 (4) In addition to any other sentence, the court may
21 order any minor found to be delinquent to make restitution,
22 in monetary or non-monetary form, under the terms and
23 conditions of Section 5-5-6 of the Unified Code of
24 Corrections, except that the "presentencing hearing" referred
25 to in that Section shall be the sentencing hearing for
26 purposes of this Section. The parent, guardian or legal
27 custodian of the minor may be ordered by the court to pay
28 some or all of the restitution on the minor's behalf,
29 pursuant to the Parental Responsibility Law. The State's
30 Attorney is authorized to act on behalf of any victim in
31 seeking restitution in proceedings under this Section, up to
32 the maximum amount allowed in Section 5 of the Parental
33 Responsibility Law.
34 (5) Any sentencing order where the minor is committed or
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1 placed in accordance with Section 5-740 shall provide for the
2 parents or guardian of the estate of the minor to pay to the
3 legal custodian or guardian of the person of the minor such
4 sums as are determined by the custodian or guardian of the
5 person of the minor as necessary for the minor's needs. The
6 payments may not exceed the maximum amounts provided for by
7 Section 9.1 of the Children and Family Services Act.
8 (6) Whenever the sentencing order requires the minor to
9 attend school or participate in a program of training, the
10 truant officer or designated school official shall regularly
11 report to the court if the minor is a chronic or habitual
12 truant under Section 26-2a of the School Code.
13 (7) In no event shall a guilty minor be committed to the
14 Department of Corrections, Juvenile Division for a period of
15 time in excess of that period for which an adult could be
16 committed for the same act.
17 (8) A minor found to be guilty for reasons that include
18 a violation of Section 21-1.3 of the Criminal Code of 1961
19 shall be ordered to perform community service for not less
20 than 30 and not more than 120 hours, if community service is
21 available in the jurisdiction. The community service shall
22 include, but need not be limited to, the cleanup and repair
23 of the damage that was caused by the violation or similar
24 damage to property located in the municipality or county in
25 which the violation occurred. The order may be in addition
26 to any other order authorized by this Section.
27 (8.5) A minor found to be guilty for reasons that
28 include a violation of Section 3.02 of the Humane Care for
29 Animals Act or subsection (d) of Section 21-1 of the Criminal
30 Code of 1961 shall be ordered to undergo medical or
31 psychiatric treatment, rendered by a psychiatrist or
32 psychological treatment rendered by a clinical psychologist.
33 The order may be in addition to any other order authorized by
34 this Section.
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1 (9) In addition to any other sentencing order, the court
2 shall order any minor found to be guilty for an act which
3 would constitute, predatory criminal sexual assault of a
4 child, aggravated criminal sexual assault, criminal sexual
5 assault, aggravated criminal sexual abuse, or criminal sexual
6 abuse if committed by an adult to undergo medical testing to
7 determine whether the defendant has any sexually
8 transmissible disease including a test for infection with
9 human immunodeficiency virus (HIV) or any other identified
10 causative agency of acquired immunodeficiency syndrome
11 (AIDS). Any medical test shall be performed only by
12 appropriately licensed medical practitioners and may include
13 an analysis of any bodily fluids as well as an examination of
14 the minor's person. Except as otherwise provided by law, the
15 results of the test shall be kept strictly confidential by
16 all medical personnel involved in the testing and must be
17 personally delivered in a sealed envelope to the judge of the
18 court in which the sentencing order was entered for the
19 judge's inspection in camera. Acting in accordance with the
20 best interests of the victim and the public, the judge shall
21 have the discretion to determine to whom the results of the
22 testing may be revealed. The court shall notify the minor of
23 the results of the test for infection with the human
24 immunodeficiency virus (HIV). The court shall also notify
25 the victim if requested by the victim, and if the victim is
26 under the age of 15 and if requested by the victim's parents
27 or legal guardian, the court shall notify the victim's
28 parents or the legal guardian, of the results of the test for
29 infection with the human immunodeficiency virus (HIV). The
30 court shall provide information on the availability of HIV
31 testing and counseling at the Department of Public Health
32 facilities to all parties to whom the results of the testing
33 are revealed. The court shall order that the cost of any
34 test shall be paid by the county and may be taxed as costs
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1 against the minor.
2 (10) When a court finds a minor to be guilty the court
3 shall, before entering a sentencing order under this Section,
4 make a finding whether the offense committed either: (a) was
5 related to or in furtherance of the criminal activities of an
6 organized gang or was motivated by the minor's membership in
7 or allegiance to an organized gang, or (b) involved a
8 violation of subsection (a) of Section 12-7.1 of the Criminal
9 Code of 1961, a violation of any Section of Article 24 of the
10 Criminal Code of 1961, or a violation of any statute that
11 involved the wrongful use of a firearm. If the court
12 determines the question in the affirmative, and the court
13 does not commit the minor to the Department of Corrections,
14 Juvenile Division, the court shall order the minor to perform
15 community service for not less than 30 hours nor more than
16 120 hours, provided that community service is available in
17 the jurisdiction and is funded and approved by the county
18 board of the county where the offense was committed. The
19 community service shall include, but need not be limited to,
20 the cleanup and repair of any damage caused by a violation of
21 Section 21-1.3 of the Criminal Code of 1961 and similar
22 damage to property located in the municipality or county in
23 which the violation occurred. When possible and reasonable,
24 the community service shall be performed in the minor's
25 neighborhood. This order shall be in addition to any other
26 order authorized by this Section except for an order to place
27 the minor in the custody of the Department of Corrections,
28 Juvenile Division. For the purposes of this Section,
29 "organized gang" has the meaning ascribed to it in Section 10
30 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
31 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
32 (705 ILCS 405/5-715)
33 Sec. 5-715. Probation.
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1 (1) The period of probation or conditional discharge
2 shall not exceed 5 years or until the minor has attained the
3 age of 21 years, whichever is less, except as provided in
4 this Section for a minor who is found to be guilty for an
5 offense which is first degree murder, a Class X felony or a
6 forcible felony. The juvenile court may terminate probation
7 or conditional discharge and discharge the minor at any time
8 if warranted by the conduct of the minor and the ends of
9 justice; provided, however, that the period of probation for
10 a minor who is found to be guilty for an offense which is
11 first degree murder, a Class X felony, or a forcible felony
12 shall be at least 5 years.
13 (2) The court may as a condition of probation or of
14 conditional discharge require that the minor:
15 (a) not violate any criminal statute of any
16 jurisdiction;
17 (b) make a report to and appear in person before
18 any person or agency as directed by the court;
19 (c) work or pursue a course of study or vocational
20 training;
21 (d) undergo medical or psychiatric treatment,
22 rendered by a psychiatrist or psychological treatment
23 rendered by a clinical psychologist or social work
24 services rendered by a clinical social worker, or
25 treatment for drug addiction or alcoholism;
26 (e) attend or reside in a facility established for
27 the instruction or residence of persons on probation;
28 (f) support his or her dependents, if any;
29 (g) refrain from possessing a firearm or other
30 dangerous weapon, or an automobile;
31 (h) permit the probation officer to visit him or
32 her at his or her home or elsewhere;
33 (i) reside with his or her parents or in a foster
34 home;
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1 (j) attend school;
2 (k) attend a non-residential program for youth;
3 (l) make restitution under the terms of subsection
4 (4) of Section 5-710;
5 (m) contribute to his or her own support at home or
6 in a foster home;
7 (n) perform some reasonable public or community
8 service;
9 (o) participate with community corrections programs
10 including unified delinquency intervention services
11 administered by the Department of Human Services subject
12 to Section 5 of the Children and Family Services Act;
13 (p) pay costs;
14 (q) serve a term of home confinement. In addition
15 to any other applicable condition of probation or
16 conditional discharge, the conditions of home confinement
17 shall be that the minor:
18 (i) remain within the interior premises of the
19 place designated for his or her confinement during
20 the hours designated by the court;
21 (ii) admit any person or agent designated by
22 the court into the minor's place of confinement at
23 any time for purposes of verifying the minor's
24 compliance with the conditions of his or her
25 confinement; and
26 (iii) use an approved electronic monitoring
27 device if ordered by the court subject to Article 8A
28 of Chapter V of the Unified Code of Corrections;
29 (r) refrain from entering into a designated
30 geographic area except upon terms as the court finds
31 appropriate. The terms may include consideration of the
32 purpose of the entry, the time of day, other persons
33 accompanying the minor, and advance approval by a
34 probation officer, if the minor has been placed on
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1 probation, or advance approval by the court, if the minor
2 has been placed on conditional discharge;
3 (s) refrain from having any contact, directly or
4 indirectly, with certain specified persons or particular
5 types of persons, including but not limited to members of
6 street gangs and drug users or dealers;
7 (s-5) undergo a medical or other procedure to have
8 a tattoo symbolizing allegiance to a street gang removed
9 from his or her body;
10 (t) refrain from having in his or her body the
11 presence of any illicit drug prohibited by the Cannabis
12 Control Act or the Illinois Controlled Substances Act,
13 unless prescribed by a physician, and shall submit
14 samples of his or her blood or urine or both for tests to
15 determine the presence of any illicit drug; or
16 (u) comply with other conditions as may be ordered
17 by the court.
18 (3) The court may as a condition of probation or of
19 conditional discharge require that a minor found guilty on
20 any alcohol, cannabis, or controlled substance violation,
21 refrain from acquiring a driver's license during the period
22 of probation or conditional discharge. If the minor is in
23 possession of a permit or license, the court may require that
24 the minor refrain from driving or operating any motor vehicle
25 during the period of probation or conditional discharge,
26 except as may be necessary in the course of the minor's
27 lawful employment.
28 (3.5) The court shall, as a condition of probation or of
29 conditional discharge, require that a minor found to be
30 guilty and placed on probation for reasons that include a
31 violation of Section 3.02 of the Humane Care for Animals Act
32 or or subsection (d) of Section 21-1 of the Criminal Code of
33 1961 undergo medical or psychiatric treatment, rendered by a
34 psychiatrist or psychological treatment rendered by a
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1 clinical psychologist. The condition may be in addition to
2 any other condition.
3 (4) A minor on probation or conditional discharge shall
4 be given a certificate setting forth the conditions upon
5 which he or she is being released.
6 (5) The court shall impose upon a minor placed on
7 probation or conditional discharge, as a condition of the
8 probation or conditional discharge, a fee of $25 for each
9 month of probation or conditional discharge supervision
10 ordered by the court, unless after determining the inability
11 of the minor placed on probation or conditional discharge to
12 pay the fee, the court assesses a lesser amount. The court
13 may not impose the fee on a minor who is made a ward of the
14 State under this Act while the minor is in placement. The
15 fee shall be imposed only upon a minor who is actively
16 supervised by the probation and court services department.
17 The court may order the parent, guardian, or legal custodian
18 of the minor to pay some or all of the fee on the minor's
19 behalf.
20 (6) The General Assembly finds that in order to protect
21 the public, the juvenile justice system must compel
22 compliance with the conditions of probation by responding to
23 violations with swift, certain, and fair punishments and
24 intermediate sanctions. The Chief Judge of each circuit
25 shall adopt a system of structured, intermediate sanctions
26 for violations of the terms and conditions of a sentence of
27 supervision, probation or conditional discharge, under this
28 Act.
29 The court shall provide as a condition of a disposition
30 of probation, conditional discharge, or supervision, that the
31 probation agency may invoke any sanction from the list of
32 intermediate sanctions adopted by the chief judge of the
33 circuit court for violations of the terms and conditions of
34 the sentence of probation, conditional discharge, or
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1 supervision, subject to the provisions of Section 5-720 of
2 this Act.
3 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
4 Section 15. The Criminal Code of 1961 is amended by
5 changing Section 21-1 as follows:
6 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
7 Sec. 21-1. Criminal damage to property.
8 (1) A person commits an illegal act when he:
9 (a) knowingly damages any property of another
10 without his consent; or
11 (b) recklessly by means of fire or explosive
12 damages property of another; or
13 (c) knowingly starts a fire on the land of another
14 without his consent; or
15 (d) knowingly injures a domestic animal of another
16 without his consent; or
17 (e) knowingly deposits on the land or in the
18 building of another, without his consent, any stink bomb
19 or any offensive smelling compound and thereby intends to
20 interfere with the use by another of the land or
21 building; or
22 (f) damages any property, other than as described
23 in subsection (b) of Section 20-1, with intent to defraud
24 an insurer; or
25 (g) knowingly shoots a firearm at any portion of a
26 railroad train.
27 When the charge of criminal damage to property exceeding
28 a specified value is brought, the extent of the damage is an
29 element of the offense to be resolved by the trier of fact as
30 either exceeding or not exceeding the specified value.
31 (2) The acts described in items (a), (b), (c), (e), and
32 through (f) are Class A misdemeanors if the damage to
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1 property does not exceed $300. The act described in item (d)
2 is a Class 4 felony if the damage to property does not exceed
3 $300. The acts described in items (a) through (f) are Class
4 4 felonies if the damage to property does not exceed $300 if
5 the damage occurs to property of a school or place of
6 worship. The act described in item (g) is a Class 4 felony.
7 The acts described in items (a) through (f) are Class 4
8 felonies if the damage to property exceeds $300 but does not
9 exceed $10,000. The acts described in items (a) through (f)
10 are Class 3 felonies if the damage to property exceeds $300
11 but does not exceed $10,000 if the damage occurs to property
12 of a school or place of worship. The acts described in items
13 (a) through (f) are Class 3 felonies if the damage to
14 property exceeds $10,000 but does not exceed $100,000. The
15 acts described in items (a) through (f) are Class 2 felonies
16 if the damage to property exceeds $10,000 but does not exceed
17 $100,000 if the damage occurs to property of a school or
18 place of worship. The acts described in items (a) through
19 (f) are Class 2 felonies if the damage to property exceeds
20 $100,000. The acts described in items (a) through (f) are
21 Class 1 felonies if the damage to property exceeds $100,000
22 and the damage occurs to property of a school or place of
23 worship. If the damage to property exceeds $10,000, the
24 court shall impose upon the offender a fine equal to the
25 value of the damages to the property.
26 (3) In addition to any other sentence that may be
27 imposed, a court shall order any person convicted of criminal
28 damage to property to perform community service for not less
29 than 30 and not more than 120 hours, if community service is
30 available in the jurisdiction and is funded and approved by
31 the county board of the county where the offense was
32 committed. In addition, whenever any person is placed on
33 supervision for an alleged offense under this Section, the
34 supervision shall be conditioned upon the performance of the
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1 community service.
2 This subsection does not apply when the court imposes a
3 sentence of incarceration.
4 (Source: P.A. 91-360, eff. 7-29-99.)".